[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          33


          Parts 1 to 124

          Revised as of July 1, 2007


          Navigation and Navigable Waters
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 33:
          Chapter I--Coast Guard, Department of Homeland 
          Security                                                   3
  Finding Aids:
      Material Approved for Incorporation by Reference........     679
      Table of CFR Titles and Chapters........................     681
      Alphabetical List of Agencies Appearing in the CFR......     690
      List of CFR Sections Affected...........................     709

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2007), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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INQUIRIES

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register. The NARA site also contains links to GPO Access.

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

July 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 33--Navigation and Navigable Waters is composed of three 
volumes. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2007. The first and 
second volumes, parts 1-124 and 125-199, contain current regulations of 
the Coast Guard, Department of Homeland Security. The third volume, part 
200 to End, contains current regulations of the Corps of Engineers, 
Department of the Army, and the Saint Lawrence Seaway Development 
Corporation, Department of Transportation.

    In volumes one and two, subject indexes follow the subchapters.

    For this volume, Robert J. Sheehan was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Ann Worley.


[[Page 1]]



                TITLE 33--NAVIGATION AND NAVIGABLE WATERS




                   (This book contains parts 1 to 124)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Coast Guard, Department of Homeland Sec. rity.....           1


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

[[Page 3]]



         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY




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


  Editorial Note: Nomenclature changes to Chapter I appear at 70 FR 
75734, Dec. 21, 2005.

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               General provisions..........................           7
2               Jurisdiction................................          28
3               Coast Guard areas, districts, marine 
                    inspection zones, and captain of the 
                    port zones..............................          32
4               OMB control numbers assigned pursuant to the 
                    Paperwork Reduction Act.................          52
5               Coast Guard Auxiliary.......................          53
6               Protection and security of vessels, harbors, 
                    and waterfront facilities...............          57
8               United States Coast Guard Reserve...........          61
13              Decorations, medals, ribbons and similar 
                    devices.................................          62
17              United States Coast Guard general gift fund.          65
19              Waivers of navigation and vessel inspection 
                    laws and regulations....................          67
20              Rules of practice, procedure, and evidence 
                    for formal administrative proceedings of 
                    the Coast Guard.........................          70
23              Distinctive markings for Coast Guard vessels 
                    and aircraft............................          92
25              Claims......................................          93
26              Vessel bridge-to-bridge radiotelephone 
                    regulations.............................         104
27              Adjustment of civil monetary penalties for 
                    inflation...............................         107
                Index to Subchapter A--General..............         111
                         SUBCHAPTER B--PERSONNEL
40              Cadets of the Coast Guard...................         117
45              Enlistment of personnel.....................         117
49              Payment of amounts due mentally incompetent 
                    Coast Guard personnel...................         118
50              Coast Guard Retiring Review Board...........         120
51              Coast Guard Discharge Review Board..........         122

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52              Board for Correction of Military Records of 
                    the Coast Guard.........................         127
53              Coast Guard whistleblower protection........         134
54              Allotments from active duty pay for certain 
                    support obligations.....................         137
55              Child Development Services..................         138
                Index to Subchapter B--Military Personnel...         141
                    SUBCHAPTER C--AIDS TO NAVIGATION
60              [Reserved]

62              United States aids to navigation system.....         144
64              Marking of structures, sunken vessels and 
                    other obstructions......................         152
66              Private aids to navigation..................         155
67              Aids to navigation on artificial islands and 
                    fixed structures........................         163
70              Interference with or damage to aids to 
                    navigation..............................         177
72              Marine information..........................         178
74              Charges for Coast Guard aids to navigation 
                    work....................................         180
76              Sale and transfer of aids to navigation 
                    equipment...............................         181
                Index to Subchapter C--Aids to Navigation...         183
              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
                Note: Application of the 72 COLREGS to 
                    territories and possessions.............         187
80              COLREGS demarcation lines...................         188
81              72 COLREGS: Implementing Rules..............         205
82              72 COLREGS: Interpretative Rules............         207
                Index to Subchapter D--International 
                    Navigation Rules........................         209
                  SUBCHAPTER E--INLAND NAVIGATION RULES
84              Annex I: Positioning and technical details 
                    of lights and shapes....................         213
85              Annex II: Additional signals for fishing 
                    vessels fishing in close proximity......         217
86              Annex III: Technical details of sound signal 
                    appliances..............................         217
87              Annex IV: Distress signals..................         219
88              Annex V: Pilot rules........................         220
89              Inland navigation rules: implementing rules.         222
90              Inland rules: Interpretative rules..........         225

[[Page 5]]

                Index to Subchapter E--Inland Navigation 
                    Rules...................................         227
               SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95              Operating a vessel while under the influence 
                    of alcohol or a dangerous drug..........         229
96              Rules for the safe operation of vessels and 
                    safety management systems...............         231
                Index to Subchapter F--Vessel Operating 
                    Regulations.............................         245
                SUBCHAPTER G--REGATTAS AND MARINE PARADES
100             Safety of life on navigable waters..........         246
                Index to Subchapter G--Regattas and Marine 
                    Parades.................................         323
                     SUBCHAPTER H--MARITIME SECURITY
101             Maritime Sec. rity: General..................         326
102

Maritime Sec. rity: National maritime transportation security [Reserved]

103             Maritime security: Area maritime security...         339
104             Maritime security: Vessels..................         343
105             Maritime security: Facilities...............         368
106             Marine Sec. rity: Outer Continental Shelf 
                    (OCS) facilities........................         394
107             National Vessel and Facility Control 
                    Measures and Limited Access Areas.......         412
                Index to Subchapter H--General Maritime 
                    Sec. rity................................         417
                        SUBCHAPTER I--ANCHORAGES
109             General.....................................         420
110             Anchorage regulations.......................         421
                Index to Subchapter I--Anchorages...........         533
                          SUBCHAPTER J--BRIDGES
114             General.....................................         537
115             Bridge locations and clearances; 
                    administrative procedures...............         539
116             Alteration of unreasonably obstructive 
                    bridges.................................         543
117             Drawbridge operation regulations............         548
118             Bridge lighting and other signals...........         548
                Index to Subchapter J--Bridges..............         661
                    SUBCHAPTER K--SECURITY OF VESSELS
120             Sec. rity of passenger vessels...............         669
                Index to Subchapter K--Sec. rity of Vessels..         675

[[Page 7]]



                          SUBCHAPTER A_GENERAL





PART 1_GENERAL PROVISIONS--Table of Contents




                  Subpart 1.01_Delegation of Authority

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

                         Subpart 1.05_Rulemaking

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

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

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

     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

1.08-1 Applicability.
1.08-5 Procedures.

             Subpart 1.10_Public Availability of Information

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

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

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

     Subpart 1.25_Fees and Charges for Certain Records and Services

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

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

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



                  Subpart 1.01_Delegation of Authority

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 
2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland Sec. rity 
Delegation No. 0170.1; section 1.01-70 also issued under the authority 
of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-
85 also issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 
351.



Sec. 1.01-1  District Commander.

    Final authority for the performance within the confines of his 
district of

[[Page 8]]

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

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



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

    (a) Officers in Charge, Marine Inspection (OCMI), have been 
designated and delegated to perform, within each OCMI's jurisdiction, 
the following functions: Inspection of vessels in order to determine 
that they comply with the applicable laws, rules, and regulations 
relating to safe construction, equipment, manning, and operation and 
that they are in a seaworthy condition for the services in which they 
are operated; shipyard and factory inspections; the investigation of 
marine casualties and accidents; the licensing, certificating, shipment 
and discharge of seamen; the investigating and initiating of action in 
cases of misconduct, negligence, or incompetence of merchant marine 
officers or seamen; and the enforcement of vessel inspection, 
navigation, and seamen's laws in general. Specific procedures for 
appealing the decisions of the Officer in Charge, Marine Inspection, or 
of his subordinates are set forth in 46 CFR parts 1 to 4.
    (b) The Commanding Officer of the National Maritime Center has been 
designated and delegated the same authority as an OCMI for the purpose 
of carrying out the following marine safety functions pursuant to the 
provisions of 46 CFR Subchapter B:
    (1) Licensing, credentialing, certificating, shipment and discharge 
of seamen;
    (2) Referring to the processing Regional Examination Center (REC) or 
cognizant OCMI potential violations of law, negligence, misconduct, 
unskillfulness, incompetence or misbehavior of persons holding merchant 
mariner's documents, licenses, certificates or credentials issued by the 
Coast Guard, and recommending suspension or revocation under 46 U.S.C. 
Chapter 77 when deemed appropriate; and
    (3) Granting, withholding, suspending, or withdrawing course 
approvals.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended by USCG-1998-3799, 63 
FR 35525, June 30, 1998; USCG-2006-25535, 72 FR 7929, Feb. 22, 2007]



Sec. 1.01-30  Captains of the Port.

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

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



Sec. 1.01-40  Delegation to the Vice Commandant.

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

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



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

    The Commandant redelegates to the District Commander, Seventeenth 
Coast Guard District, the authority in 46 U.S.C. 3302(i)(1) to issue 
permits to

[[Page 9]]

certain vessels transporting cargo, including bulk fuel, from one place 
in Alaska to another place in Alaska.

[USCG-1998-3799, 63 FR 35525, June 30, 1998]



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

    (a) The Commandant delegates to the Assistant Commandant for 
Operations, the authority to issue the following permits for the 
construction, reconstruction, or alteration of bridges across navigable 
waters of the United States:
    (1) Those that require:
    (i) An environmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969, as amended, (42 
U.S.C. 4321 et seq.) and all implementing regulations, orders, and 
instructions.
    (ii) A determination under section 4(f) of the Department of 
Transportation Act of 1966 (49 U.S.C. 1653).
    (iii) Concurrence of the Department of Transportation under DOT 
Order 5610.1C (Procedures for Considering Environmental Impacts).
    (2) Those that require a Presidential permit and approval under the 
International Bridge Act of 1972 (33 U.S.C. 535).
    (3) Those that require the amendment of an existing permit issued by 
the U.S. Army Corps of Engineers.
    (4) Those that raise substantial unresolved controversy involving 
the public, or are objected to by Federal, State, or local government 
agencies.
    (5) Those authorized by the Commandant upon the appeal of a district 
commander's decision denying a permit.
    (b) The Commandant delegates to each Coast Guard District Commander, 
with the reservation that this authority shall not be further 
redelegated, the authority to issue all permits for the construction, 
reconstruction, or alteration of bridges across navigable waters of the 
United States other than those specified in paragraph (a) of this 
section.

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



Sec. 1.01-70  CERCLA delegations.

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

[[Page 10]]

this section, each Coast Guard official, predesignated as an On-Scene 
Coordinator, is delegated authority as follows:
    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) 
and consistent with the National Contingency Plan, to remove or arrange 
for the removal of releases and threatened releases of hazardous 
substances, and of pollutants or contaminants which may present an 
imminent and substantial danger to the public health or welfare.
    (2) Authority, pursuant to CERCLA section 104(i)(11), to take such 
steps as may be necessary to reduce exposure that presents a significant 
risk to human health, and to eliminate or substantially mitigate that 
significant risk to human health.
    (3) Authority, pursuant to CERCLA section 106(a), to issue orders to 
protect the public health and welfare and the environment whenever that 
official determines that a release or threatened release of a hazardous 
substance from a facility may present an imminent and substantial 
endangerment to the public health or welfare or the environment.
    (4) Authority, pursuant to CERCLA section 104(e), except section 
104(e)(7)(C), to enter establishments or other places where hazardous 
substances are or have been generated, stored, treated, disposed of, or 
transported from to inspect and obtain records, reports, samples and 
information in support of the response functions delegated in paragraphs 
(d), (e)(1), (e)(2), and (e)(3) of this section.
    (5) Authority, pursuant to CERCLA section 122, to enter into an 
agreement with any person (including the owner or operator of the vessel 
or facility from which a release or substantial threat of release 
emanates, or any other potential responsible person), to perform any 
response action, provided that such action will be done properly by such 
person.
    (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) 
of this section, each Coast Guard official to whom authority is granted 
in this section may redelegate and authorize successive redelegations of 
that authority. The authority granted in paragraph (e)(3) of this 
section may only be redelegated to commissioned officers.
    (g) The response authority described in paragraph (e)(1) of this 
section does not include authority to--
    (1) Summarily remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under 
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.), 
or other applicable laws. ``Intervention'' means any detrimental action 
taken against the interest of a vessel or its cargo without the consent 
of the vessel's owner or operator.

[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR 
66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-
023, 62 FR 33361, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18, 
2002; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]



Sec. 1.01-80  FWPCA and OPA 90 delegations.

    (a) This section delegates authority to implement provisions of 
section 311 of the Federal Water Pollution Control Act (FWPCA), as 
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990 
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA 
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
    (b) The Assistant Commandant for Marine Safety, Sec. rity and 
Environmental Protection, is delegated authority to require the owner or 
operator of a facility to establish and maintain such records, make such 
reports, install, use, and maintain such monitoring equipment and 
methods, and provide such other information as may be required to carry 
out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
    (c) Each District and Area Commander is delegated authority within 
the Commander's assigned district or area to--
    (1) Deny entry to any place in the United States or to the navigable 
waters of the United States, and to detain at any place in the United 
States, any vessel subject to section 1016 of OPA 90 [33 U.S.C. 2716] 
that, upon request, does not provide evidence of financial 
responsibility;
    (2) Seize and, through the Chief Counsel, seek forfeiture to the 
United

[[Page 11]]

States of any vessel subject to the requirements of section 1016 of OPA 
90 [33 U.S.C. 2716] that is found in the navigable waters of the United 
States without the necessary evidence of financial responsibility;
    (3) Assess any class I civil penalty under subsection (b) of section 
311 of the FWPCA [33 U.S.C. 1321], in accordance with the procedures in 
subpart 1.07 of this chapter;
    (4) Assess any civil penalty under section 4303 of OPA 90 [33 U.S.C. 
2716a] in accordance with the procedures in subpart 1.07 of this 
chapter;
    (5) Board and inspect any vessel upon the navigable waters of the 
United States or the waters of the contiguous zone, except for public 
vessels; with or without warrant, arrest any person who, in the 
Commander's presence or view, violates a provision of section 311 of the 
FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and execute 
any warrant or other process issued by an officer or court of competent 
jurisdiction, as prescribed in section 311(m)(1) of the FWPCA [33 U.S.C. 
1321(m)(1)];
    (6) Enter and inspect any facility in the coastal zone at reasonable 
times; have access to and copy any records; take samples; inspect 
monitoring equipment required by section 311(m)(2)(A) of the FWPCA [33 
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest any person who, 
in the Commander's presence or view, violates a provision of section 311 
of the FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and 
execute any warrant or other process issued by an officer or court of 
competent jurisdiction, as prescribed in section 311(m)(2) of the FWPCA 
[33 U.S.C. 1321(m)(2)(A)]; and
    (7) Determine for purposes of section 311(b)(12) of the FWPCA [33 
U.S.C. 1321(b)(12)]--
    (i) Whether reasonable cause exists to believe that an owner, 
operator, or person in charge may be subject to a civil penalty under 
section 311(b) of the FWPCA [33 U.S.C. 1321(b)]; and
    (ii) Whether a filed bond or other surety is satisfactory.
    (d) Each Coast Guard official predesignated as the On-Scene 
Coordinator by the applicable Regional Contingency Plan is delegated 
authority pursuant to section 311(c) of the FWPCA [33 U.S.C. 1321(c)], 
subject to paragraph (e) of this section, in accordance with the 
National Contingency Plan and any appropriate Area Contingency Plan, to 
ensure the effective and immediate removal of a discharge and mitigation 
or prevention of a substantial threat of a discharge of oil or a 
hazardous substance by--
    (1) Removing or arranging for the removal of a discharge and 
mitigating or preventing an imminent and substantial threat of a 
discharge at any time;
    (2) Directing or monitoring all Federal, State, and private actions 
to remove a discharge, including issuance of orders;
    (3) Determining, pursuant to section 311(c) of the FWPCA [33 U.S.C. 
1321(c)], whether a discharge or a substantial threat of a discharge of 
oil or a hazardous substance from a vessel, offshore facility, or 
onshore facility is of such a size or character as to be a substantial 
threat to the public health or welfare of the United States (including, 
but not limited to fish, shellfish, wildlife, other natural resources, 
and the public and private beaches and shorelines of the United States); 
and, if it is, directing all Federal, State, and private actions to 
remove the discharge or to mitigate or prevent the threatened discharge;
    (4) Determining, pursuant to section 311(e) of the FWPCA [33 U.S.C. 
1321(e)], that there may be an imminent and substantial threat to the 
public health and welfare of the United States, and, if there is, may--
    (i) Determine an imminent and substantial threat as a basis for 
recommending referral for judicial relief; or
    (ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 U.S.C. 
1321(e)(1)(B)], including the issuance of orders; and
    (5) Acting to mitigate the damage to the public health or welfare 
caused by a discharge of oil or a hazardous substance.
    (e) The authority described in paragraph (d) of this section does 
not include the authority to--
    (1) Remove or destroy a vessel; or

[[Page 12]]

    (2) Take any other action that constitutes intervention under the 
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other 
applicable laws. For purposes of this section, ``intervention'' means 
any detrimental action taken against the interest of a vessel or its 
cargo without the consent of the vessel's owner or operator.

[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2002-
12471, 67 FR 41331, June 18, 2002]



Sec. 1.01-85  Redelegation.

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

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



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

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

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



                         Subpart 1.05_Rulemaking

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland 
Sec. rity Delegation No. 0170.

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



Sec. 1.05-1  Delegation of rulemaking authority.

    (a) The Sec. etary of Homeland Sec. rity is empowered by various 
statutes to issue regulations regarding the functions, powers and duties 
of the Coast Guard.
    (b) The Sec. etary of Homeland Sec. rity has delegated much of this 
authority to the Commandant, U.S. Coast Guard, including authority to 
issue regulations regarding the functions of the Coast Guard and the 
authority to redelegate and authorize successive redelegations of that 
authority within the Coast Guard.
    (c) The Commandant has reserved the authority to issue any rules and 
regulations determined to be significant under Executive Order 12866, 
Regulatory Planning and Review.
    (d) The Commandant has redelegated to the various office chiefs at 
U.S. Coast Guard Headquarters, with the reservation that this authority 
shall not be further redelegated, the authority to develop and issue 
regulations necessary to implement laws, treaties, or Executive Orders 
associated with their assigned programs; issue amendments to existing 
regulations as necessary; and submit regulatory proposals for Marine 
Safety and Sec. rity Council consideration.
    (e)(1) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority to issue regulations pertaining to 
the following:
    (i) Anchorage grounds and special anchorage areas.
    (ii) The designation of lightering zones.
    (iii) The operation of drawbridges.
    (iv) The establishment of Regulated Navigation Areas.
    (v) The establishment of safety and security zones.
    (vi) The establishment of special local regulations.
    (2) This delegation does not extend to those matters specified in 
paragraph (c) of this section or rules and regulations which have been 
shown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of this 
section, the Commandant has redelegated to Coast Guard Captains of the 
Port, with the reservation that this authority shall not be further 
redelegated, the authority to establish safety and security zones.
    (g) The Commandant has redelegated to Coast Guard District 
Commanders, Captains of the Port, the Assistant Commandant for 
Operations, and the

[[Page 13]]

Assistant Commandant for Marine Safety, Sec. rity and Environmental 
Protection, the authority to make the certification required by section 
605(b) of the Regulatory Flexibility Act (Sec. 605(b), Pub. L. 96-354, 
94 Stat. 1168 (5 U.S.C. 605)) for rules that they issue.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 
2003]



Sec. 1.05-5  Marine Safety and Sec. rity Council.

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

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 1.05-10  Regulatory process overview.

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

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 1.05-15  Public participation.

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



Sec. 1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard to 
undertake a

[[Page 14]]

rulemaking action. There is no prescribed form for a petition for 
rulemaking, but the document should provide some supporting information 
as to why the petitioner believes the proposed rulemaking is necessary 
and the document should clearly indicate that it is a petition for 
rulemaking. Petitions should be addressed to the Executive Sec. etary, 
Marine Safety and Sec. rity Council (G-LRA), United States Coast Guard 
Headquarters, 2100 Sec. nd Street SW., Washington, DC 20593-0001.
    (b) The petitioner will be notified of the Coast Guard's decision 
whether to initiate a rulemaking or not. If the Coast Guard decides not 
to pursue a rulemaking, the petitioner will be notified of the reasons 
why. If the Coast Guard decides to initiate rulemaking, it will follow 
the procedure outlined in this subpart. The Coast Guard may publish a 
notice acknowledging receipt of a petition for rulemaking in the Federal 
Register.
    (c) Any petition for rulemaking and any reply to the petition will 
be kept in a public file open for inspection.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 1.05-25  Public docket.

    (a) A public file is maintained for each petition for rulemaking and 
each Coast Guard regulation and notice published in the Federal 
Register. Each file contains copies of every rulemaking document 
published for the project, public comments received, summaries of public 
meetings or hearings, regulatory assessments, and other publicly-
available information. Members of the public may inspect the public 
docket and copy any documents in the file. Each rulemaking document will 
identify where the public file for that rulemaking is maintained. Public 
dockets for rulemakings originating at Coast Guard Headquarters are kept 
at a Docket Management Facility (DMS) maintained by the Department of 
Transportation, at the Nassif Building, room PL-401, 400 Seventh Street 
SW., Washington, DC 20590-0001. These dockets are available 
electronically through the DMS Web site at http://dms.dot.gov.
    (b) The public dockets for Coast Guard rulemaking activity initiated 
by Coast Guard District Commanders are available for public inspection 
at the appropriate Coast Guard District office.
    (c) The public dockets for Coast Guard rulemaking activity initiated 
by Captains of the Port are available for inspection at the appropriate 
Captain of the Port office.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003]



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

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



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

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



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

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

[[Page 15]]

proposed rulemaking. An SNPRM contains the same type of information 
generally included in an NPRM.



Sec. 1.05-45  Interim rule.

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



Sec. 1.05-50  Final rule.

    In some instances, a final rule may be issued without prior notice 
and comment. When notice and comment procedures have been used, and 
after all comments received have been considered, a final rule is 
issued. A final rule document contains a preamble that discusses 
comments received, responses to comments and changes made from the 
proposed or interim rule, a citation of legal authority, and the text of 
the rule.



Sec. 1.05-55  Direct final rule.

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

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



Sec. 1.05-60  Negotiated rulemaking.

    (a) The Coast Guard may establish a negotiated rulemaking committee 
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 
interest.
    (b) Generally, the Coast Guard will consider negotiated rulemaking 
when:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for identifiable 
parties affected by the rule;
    (3) There is a reasonable chance that balanced representation can be 
reached in the negotiated rulemaking committee and that the committee 
members will negotiate in good faith;

[[Page 16]]

    (4) There is a likelihood of a committee consensus in a fixed time 
period;
    (5) The negotiated rulemaking process will not unreasonably delay 
the rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee in 
formulating the NPRM and final rule.



    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

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

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



Sec. 1.07-1  Purpose.

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



Sec. 1.07-5  Definitions.

    (a) The term District Commander, when used in this subpart, means 
the District Commander, or any person under the District Commander's 
command, delegated to carry out the provisions of Sec. 1.07-10(b).
    (b) The term Hearing Officer means a Coast Guard officer or employee 
who has been delegated the authority to assess civil penalties.
    (c) The term issuing officer means any qualified Coast Guard 
commissioned, warrant, or petty officer.
    (d) The term Notice of Violation means a notification of violation 
and preliminary assessment of penalty, given to a party, in accordance 
with Sec. 1.07-11.
    (e) The term party means the person alleged to have violated a 
statute or regulation to which a civil penalty applies and includes an 
individual or public or private corporation, partnership or other 
association, or a governmental entity.

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



Sec. 1.07-10  Reporting and investigation.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994; USCG-2000-
7223, 65 FR 40054, June 29, 2000]



Sec. 1.07-11  Notice of violation.

    (a) After investigation and evaluation of an alleged violation has 
been completed, an issuing officer may issue a Notice of Violation to 
the party.
    (b) The Notice of Violation will contain the following information:
    (1) The alleged violation and the applicable law or regulations 
violated;
    (2) The amount of the maximum penalty that may be assessed for each 
violation;

[[Page 17]]

    (3) The amount of proposed penalty that appears to be appropriate;
    (4) A statement that payment of the proposed penalty within 45 days 
will settle the case;
    (5) The place to which, and the manner in which, payment is to be 
made;
    (6) A statement that the party may decline the Notice of Violation 
and that if the Notice of Violation is declined, the party has the right 
to a hearing prior to a final assessment of a penalty by a Hearing 
Officer.
    (7) A statement that failure to either pay the proposed penalty on 
the Notice of Violation or decline the Notice of Violation and request a 
hearing within 45 days will result in a finding of default and the Coast 
Guard will proceed with the civil penalty in the amount recommended on 
the Notice of Violation without processing the violation under the 
procedures described in 33 CFR 1.07-10(b).
    (c) The Notice of Violation may be hand delivered to the party or an 
employee of the party, or may be mailed to the business address of the 
party.
    (d) If a party declines the Notice of Violation within 45 days, the 
case file will be sent to the District Commander for processing under 
the procedures described in 33 CFR 1.07-10(b).
    (e) If a party pays the proposed penalty on the Notice of Violation 
within 45 days, a finding of proved will be entered into the case file.
    (f) If within 45 days of receipt a party--
    (1) Fails to pay the proposed penalty on the Notice of Violation; 
and
    (2) Fails to decline the Notice of Violation--the Coast Guard will 
enter a finding of default in the case file and proceed with the civil 
penalty in the amount recommended on the Notice of Violation without 
processing the violation under the procedures described in 33 CFR 1.07-
10(b).

[CGD 93-079, 59 FR 66482, Dec. 27, 1994, as amended by USCG-2001-9175, 
67 FR 38388, June 4, 2002]



Sec. 1.07-15  Hearing Officer.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987; USCG-2002-12471, 67 FR 41331, June 18, 2002]



Sec. 1.07-20  Initiation of action.

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

[[Page 18]]

    (6) The fact that the party may demand a hearing prior to any actual 
assessment of a penalty.
    (c) If at any time it appears that the addition of another party to 
the proceedings is necessary or desirable, the Hearing Officer provides 
the additional party with notice as described above.



Sec. 1.07-25  Preliminary matters.

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

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



Sec. 1.07-30  Disclosure of evidence.

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



Sec. 1.07-35  Request for confidential treatment.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-40  Counsel.

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



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

    (a) The hearing is normally held at the office of the Hearing 
Officer.
    (b) The Hearing Officer may transfer a case to another Hearing 
Officer on request or on the Hearing Officer's own motion.

[[Page 19]]

    (c) A request for change of location of a hearing or transfer to 
another Hearing Officer must be in writing and state the reasons why the 
requested action is necessary or desirable. Action on the request is at 
the discretion of the Hearing Officer.

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



Sec. 1.07-50  Witnesses.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-55  Hearing procedures.

    (a) The Hearing Officer must conduct a fair and impartial proceeding 
in which the party is given a full opportunity to be heard. At the 
outset of the hearing, the Hearing Officer insures that the party is 
aware of the nature of the proceeding and of the alleged violation, and 
of the provisions of the law or regulation allegedly violated.
    (b) The material in the case file pertinent to the issues to be 
determined by the Hearing Officer is presented. The party has the right 
to examine, and to respond to or rebut, this material. The party may 
offer any facts, statements, explanations, documents, sworn or unsworn 
testimony, or other exculpatory items which bear on appropriate issues, 
or which may be relevant to the size of an appropriate penalty. The 
Hearing Officer may require the authentication of any written exhibit or 
statement.
    (c) At the close of the party's presentation of evidence, the 
Hearing Officer may allow the introduction of rebuttal evidence. The 
Hearing Officer may allow the party to respond to any such evidence 
submitted.
    (d) In receiving evidence, the Hearing Officer is not bound by 
strict rules of evidence. In evaluating the evidence presented, the 
Hearing Officer must give due consideration to the reliability and 
relevance of each item of evidence.
    (e) The Hearing Officer may take notice of matters which are subject 
to a high degree of indisputability and are commonly known in the 
community or are ascertainable from readily available sources of known 
accuracy. Prior to taking notice of a matter, the Hearing Officer gives 
the party an opportunity to show why notice should not be taken. In any 
case in which notice is taken, the Hearing Officer places a written 
statement of the matters as to which notice was taken in the record, 
with the basis for such notice, including a statement that the party 
consented to notice being taken or a summary of the party's objections.
    (f) After the evidence in the case has been presented, the party may 
present argument on the issues in the case. The party may also request 
an opportunity to submit a written statement for consideration by the 
Hearing Officer and for further review. The Hearing Officer shall allow 
a reasonable time for submission of the statement and shall specify the 
date by which it must be received. If the statement is not received 
within the time prescribed, or within the limits of any extension of 
time granted by the Hearing Officer, the Hearing Officer renders his 
decision in the case.



Sec. 1.07-60  Records.

    (a) A verbatim transcript will not normally be prepared. The Hearing 
Officer prepares notes on the material

[[Page 20]]

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 
67 FR 41331, June 18, 2002]



Sec. 1.07-65  Hearing Officer's decisions.

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

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



Sec. 1.07-70  Right to appeal.

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



Sec. 1.07-75  Action on appeals.

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

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



Sec. 1.07-80  Reopening of hearings.

    (a) At any time prior to final agency action in a civil penalty 
case, a party may petition to reopen the hearing on the basis of newly 
discovered evidence.
    (b) Petitions to reopen must be in writing describing the newly 
found evidence and must state why the evidence would probably produce a 
different result favorable to the petitioner, whether the evidence was 
known to the petitioner at the time of the hearing and, if not, why the 
newly found evidence

[[Page 21]]

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

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



Sec. 1.07-85  Collection of civil penalties.

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

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



Sec. 1.07-90  Criminal penalties.

    (a) Prosecution in the Federal courts for violations of those laws 
or regulations enforced by the Coast Guard which provide, upon 
conviction, for punishment by fine or imprisonment is a matter finally 
determined by the Department of Justice. This final determination 
consists of deciding whether and under what conditions to prosecute or 
to abandon prosecution.
    (b) Except in those cases where the approval of the Commandant is 
required, the Area, Maintenance & Logistics Command (MLC), and District 
Commanders are authorized to refer the case to the U.S. attorney. The 
Commandant's approval is required in the following cases where evidence 
of a criminal offense is disclosed:
    (1) Marine casualties or accidents resulting in death.
    (2) Marine Boards (46 CFR part 4).
    (3) Violations of port security regulations (33 CFR parts 6, 121 to 
126 inclusive).
    (c) The Area, MLC, or District Commander will identify the laws or 
regulations which were violated and make specific recommendations 
concerning the proceedings to be instituted by the U.S. attorney in 
every case.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 
FR 33639, June 25, 2001]



Sec. 1.07-95  Civil and criminal penalties.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 
FR 33639, June 25, 2001]

[[Page 22]]



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

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

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



     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

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



Sec. 1.08-1  Applicability.

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

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

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



Sec. 1.08-5  Procedures.

    (a) A written warning may be issued where the boarding officer 
determines that:
    (1) The observed violation is a first offense; and
    (2) The operator states that the violation will be promptly 
corrected.
    (b) A written warning may not be issued where:
    (1) The operator is required to be licensed;
    (2) The violation is a failure to have required safety equipment on 
board; or
    (3) The boarding officer notes three or more violations during one 
boarding.
    (c) Each district office maintains a record of each written warning 
issued within that district for a period of not more than one year after 
date of issue except in cases involving violations of 33 CFR part 159 
marine sanitation devices, records of which are maintained by each 
district office for not more than three years after date of issue.
    (d) The district commander of the district in which the warning is 
issued may rescind a written warning and institute civil penalty action 
under Sec. 1.07-10 of this part if a record check discloses a prior 
written warning or violation issued within one year or in the case of a 
violation of 33 CFR part 159 a prior written warning or violation issued 
within three years.
    (e) Within 15 days after the date of issue, any person issued a 
written

[[Page 23]]

warning by a Coast Guard boarding officer may appeal the issuance of the 
warning to the district commander by providing in writing or in person 
any information that denies, explains, or mitigates the violations noted 
in the warning.
    (f) Each written warning shall indicate that:
    (1) The warning is kept on file for a period of not more than one 
year after date of issue or in the case of a violation of 33 CFR part 
159 a period of not more than three years for reference in determining 
appropriate penalty action if there is a subsequent violation;
    (2) If a record check reveals a prior written warning or violation 
within the time period designated in Sec. 1.08-5(d) of this part, the 
warning may be revoked and civil penalty action instituted;
    (3) If an additional violation occurs within the time period 
designated in Sec. 1.08-5(d) the warning may be used as a basis for the 
assessment of a higher penalty for the subsequent violation; and
    (4) Within 15 days after the date of issue, the person who is issued 
the warning may appeal to the District Commander by providing in writing 
or in person any information or material that denies, explains, or 
mitigates the violations noted in the warning.

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

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978; USCG-2006-25150, 71 FR 392089, July 12, 2006]



             Subpart 1.10_Public Availability of Information

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

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



Sec. 1.10-1  Official records and documents.

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



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

    (a) Each person desiring to inspect a record or document covered by 
this subpart that is located in Headquarters, or to obtain a copy of 
such a record or document, must make a written request to the Chief, 
Office of Information Management, U.S. Coast Guard Headquarters, 2100 
Sec. nd Street SW., Washington, DC 20593-0001.
    (b) Each person desiring to inspect a record or document covered by 
this subpart that is located in a Coast Guard district, or to obtain a 
copy of such a record or document, must make a written request to the 
district commander in command of the district, or to the officer-in-
charge of the appropriate marine inspection zone. Coast Guard districts 
and marine inspection zones are listed in part 3 of this chapter.
    (c) If the person making the request does not know where in the 
Coast Guard the record or document is located, he may send his request 
to the Chief, Office of Information Management, at the address in 
paragraph (a) of this section.

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



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

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



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

    (a) The regulations in 49 CFR part 9 apply to the testimony of Coast 
Guard personnel, production of Coast Guard records, and service of 
process in legal proceedings.
    (b) Except for the acceptance of service of process or pleadings 
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 
of each Maintenance and Logistics Command, each

[[Page 24]]

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

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

[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD 95-057, 60 FR 
34150, June 30, 1995; USCG-1998-3799, 63 FR 35525, June 30, 1998]



     Subpart 1.25_Fees and Charges for Certain Records and Services

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



Sec. 1.25-1  Purpose.

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



Sec. 1.25-30  Exceptions.

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

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

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



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

    The fees for services performed for the public, as prescribed in 
sections 552(a) (2) and (3) of title 5, United

[[Page 25]]

States Code, by the Department of Transportation are in subpart I of 
title 49, Code of Federal Regulations. The fee schedule for these 
services is contained in 49 CFR 7.95. The applicable fees are imposed 
and collected by the Coast Guard as prescribed in 49 CFR 7.93.

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

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



Sec. 1.25-45  Special admeasurement services.

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

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

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



Sec. 1.25-48  Oceanographic research.

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

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

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



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

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

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



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

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

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



Sec. 1.26-1  Purpose.

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



Sec. 1.26-5  Replacement of medals.

    (a) A medal, or a bar, emblem, or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use without fault or neglect on 
the part of the

[[Page 26]]

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

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

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



Sec. 1.26-10  Sales to Coast Guard Auxiliary.

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

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



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

    (a) Authority. The provisions of Title 14, U.S. Code, section 
641(b), authorizes the Coast Guard to sell apparatus or equipment 
manufactured by or in use in the Coast Guard, which is not readily 
procurable in the open market. The provisions of Title 14, U.S. Code, 
section 654 (Pub. L. 86-159 approved Aug. 14, 1959), authorize the Coast 
Guard to sell supplies and furnish services to public and commercial 
vessels, and other watercraft. 49 U.S.C. 44502(d) authorizes the Coast 
Guard to provide for assistance, the sale of fuel, oil, equipment, and 
supplies, to an aircraft when necessary to allow the aircraft to 
continue to the nearest private airport.
    (b) Charges established by District Commander. The charges for 
supplies and services which may be normally expected to be furnished to 
persons, corporations, companies, vessels, and other watercraft, and 
non-Federal aircraft will vary between various geographical regions 
depending on local circumstances. The District Commander is hereby 
delegated authority to prescribe and he shall establish, in advance 
wherever practicable, the charges to be imposed and collected in various 
areas under his jurisdiction, which will be in accordance with the 
applicable general minimum terms and conditions in the laws and this 
section. In those cases where the charges have not been established in 
advance, the matter shall be priced on an individual basis, taking into 
consideration the facts and circumstances regarding the situation. The 
list(s) of charges established by the District Commander shall be 
available for reading and copying at the office of the issuing District 
Commander, which list(s) will be up-dated and reissued when necessary.
    (c) Sales to vessels and other watercraft. (1) The charges imposed 
for services are intended to permit repayment of costs involved in those 
instances where supplies and services are furnished to meet the 
necessities of the circumstances, and such vessels or watercraft are not 
within the scope of those distress services performed by the Coast 
Guard.
    (2) Charges for sales of supplies and/or furnishing of services are 
considered appropriate when the furnishing of food, fuel, general 
stores, or repairs to the vessel or its equipage are primarily for the 
convenience of the owner, master, or crew, and furnished at his or their 
request. It is not intended and the Coast Guard does not procure and 
stock equipment and supplies except as provided for in current 
instructions issued by competent authority.
    (3) Supplies provided and services performed will be of a limited 
nature consistent with the situation and within the capabilities of the 
Coast Guard unit concerned; provided this will not be in competition 
with commercial enterprise when such facilities are available and deemed 
adequate. It is not intended to permit the operators of vessels or 
watercraft to take advantage of the Government by demanding free 
supplies or services. Determination as

[[Page 27]]

to whether charges will be made is dependent upon the circumstances 
involved in each instance. The responsibility to make this determination 
rests with the District Commander who may delegate it to his 
subordinates.
    (4) The minimum charge for any supplies or services furnished to a 
vessel or other watercraft shall be $10. The prices for fuels and 
materials which may be sold will be at Coast Guard cost plus 20 percent 
or, if readily determinable, at the commercial price in the immediate 
operating area, whichever is higher. The charges for services furnished 
a vessel or watercraft will be an average cost equal to the full price, 
plus taxes, that a boat owner would pay a local commercial concern for 
such services.
    (5) The sales of supplies and services will be documented and will 
set forth the name, type, and identifying number of the vessel or 
watercraft receiving supplies or services; name and address of vessel's 
owner; and conditions under which it was determined to make a sale to 
the vessel or watercraft. Wherever possible, payment shall be obtained 
at the time supplies and services are furnished.
    (d) Sales of equipment not readily procurable on the open market. 
Charges imposed for sales of apparatus and equipment manufactured by or 
in use in the Coast Guard which, in the opinion of the Commandant (FS), 
is not readily procurable in the open market, are subject to the 
following conditions:
    (1) The apparatus or equipment has not been reported as excess to 
the General Services Administration (if so reported, requests to 
purchase will be submitted by the Commandant (FS) to the General 
Services Administration); and,
    (2) The apparatus or equipment is not classified for security 
reasons or is not dangerous to the public health and safety; and,
    (3) The authorized buyers of this apparatus or equipment are 
foreign, State, or municipal governments or governmental units thereof; 
parties required to maintain private aids to navigation; contractors 
engaged on public works; and in other cases in which, in the judgment of 
the Commandant (FS), the public interest may be served; and,
    (4) The approved sales will be at prices determined by the 
Commandant (FS), which will include an overhead charge not to exceed 25 
percent of acquisition cost.
    (e) Sales to and storage of non-Federal aircraft. (1) Activities 
having the necessary supplies and facilities are authorized to furnish 
fuel, oil, equipment, supplies, mechanical services, temporary storage, 
or other assistance to any aircraft operated by State, municipal, or 
private enterprise in emergency cases. Complete engines, airplane wings, 
or other major items of equipment shall not be furnished without prior 
authority from the Commandant.
    (2) Aircraft damaged to the extent that major repairs are required 
may be given emergency storage at the request of the pilot, provided the 
necessary facilities are available. No such aircraft will be given a 
major or minor overhaul. Damaged aircraft may be stored in its original 
damaged condition. If aircraft requires extensive repairs, such as would 
include the replacing of major parts and such major parts cannot be made 
available or supplied within a reasonable length of time by the operator 
of such aircraft, then the aircraft must be removed from the Coast Guard 
reservation by the operator without delay.
    (3) The Government will not assume any responsibility for any loss 
or damage incurred by such aircraft while on a Coast Guard reservation 
and the owner shall be required to remove the aircraft from the 
reservation at the earliest practicable date.
    (4) Storage charges for such aircraft on a Coast Guard reservation 
shall be as follows:
    (i) For the first 6 working days, no charge;
    (ii) For each calendar day thereafter, $3 for a single motor plane 
and $5 for a dual or multiengine plane.
    (5) In the absence of any information to the contrary regarding a 
particular item or material, the price at which the item is carried in 
stock, or on the Plant Property Record (book price) will be regarded as 
the fair market value.

[[Page 28]]

    (6) When materials or services or both materials and services are 
furnished an aircraft, a deposit equal to the estimated value of such 
services and materials as will be required shall be obtained in advance 
of the rendition of the services and issuance of the materials.
    (7) The charges for mechanical services rendered (other than in 
connection with the arrival, refueling, and departure of airplanes) 
shall be an hourly charge for labor, with a minimum of 1 hour, which 
shall be the equivalent to the schedule of wage rates for civilian 
personnel for the district (i.e., machinists, helpers, etc.), regardless 
of whether the services are performed by enlisted or civilian personnel.

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

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by USCG-1998-3799, 63 
FR 35525, June 30, 1998]



Sec. 1.26-20  Sales to eligible foreign governments.

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



Sec. 1.26-25  Payment of charges.

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



PART 2_JURISDICTION--Table of Contents




                            Subpart A_General

Sec. 
2.1 Purpose.
2.5 Specific definitions control.

                     Subpart B_Jurisdictional Terms

2.20 Territorial sea baseline.
2.22 Territorial sea.
2.24 Internal waters.
2.26 Inland waters.
2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the ebb and 
          flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigable waters, 
          territorial waters.
2.38 Waters subject to the jurisdiction of the United States; waters 
          over which the United States has jurisdiction.

           Subpart C_Availability of Jurisdictional Decisions

2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and availability of 
          lists and charts.

    Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80 Stat. 
931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6 U.S.C. 101 
note and 468; Department of Homeland Sec. rity Delegation No. 0170.1.

    Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 2.1  Purpose.

    (a) The purpose of this part is to define terms the Coast Guard uses 
in regulations, policies, and procedures, to determine whether it has 
jurisdiction on certain waters in cases where specific jurisdictional 
definitions are not otherwise provided.
    (b) Figure 2.1 is a visual aid to assist you in understanding this 
part.

[[Page 29]]

[GRAPHIC] [TIFF OMITTED] TR18JY03.046



Sec. 2.5  Specific definitions control.

    In cases where a particular statute, regulation, policy or procedure 
provides a specific jurisdictional definition that differs from the 
definitions contained in this part, the former definition controls.

    Note to Sec. 2.5: For example, the definition of ``inland waters'' 
in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2003(o)) would 
control the interpretation of inland

[[Page 30]]

navigation rules created under that Act and the ``inland waters'' 
definition in 46 CFR 10.103 would control regulations in 46 CFR part 10. 
Also, in various laws administered and enforced by the Coast Guard, the 
terms ``State'' and ``United States'' are defined to include some or all 
of the territories and possessions of the United States. The definitions 
in Sec. Sec. 2.36 and 2.38 should be considered as supplementary to 
these statutory definitions and not as interpretive of them.



                     Subpart B_Jurisdictional Terms



Sec. 2.20  Territorial sea baseline.

    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.
    Note to Sec. 2.20: Charts depicting the territorial sea baseline 
are available for examination in accordance with Sec. 1.10-5 of this 
chapter.



Sec. 2.22  Territorial sea.

    (a) With respect to the United States, the following apply--
    (1) Territorial sea means the waters, 12 nautical miles wide, 
adjacent to the coast of the United States and seaward of the 
territorial sea baseline, for--
    (i) Statutes included within subtitle II and subtitle VI, title 46, 
U.S.C.; the Ports and Waterways Safety Act, as amended (33 U.S.C. 1221-
1232); the Act of June 15, 1917, as amended (50 U.S.C. 191-195); and the 
Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and 
any regulations issued under the authority of these statutes.
    (ii) Purposes of criminal jurisdiction pursuant to Title 18, United 
States Code.
    (iii) The special maritime and territorial jurisdiction as defined 
in 18 U.S.C. 7.
    (iv) Interpreting international law.
    (v) Any other treaty, statute, or regulation, or amendment thereto, 
interpreted by the Coast Guard as incorporating the definition of 
territorial sea as being 12 nautical miles wide, adjacent to the coast 
of the United States and seaward of the territorial sea baseline.
    (2) Unless otherwise specified in paragraph (a)(1) of this section, 
territorial sea means the waters, 3 nautical miles wide, adjacent to the 
coast of the United States and seaward of the territorial sea baseline.
    (3) In cases where regulations are promulgated under the authority 
of statutes covered by both paragraphs (a)(1) and (a)(2) of this 
section, the Coast Guard may use the definition of territorial sea in 
paragraph (a)(1) of this section.
    (b) With respect to any other nation, territorial sea means the 
waters adjacent to its coast that have a width and baseline recognized 
by the United States.

[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2003-
14792, 68 FR 60470, Oct. 22, 2003]



Sec. 2.24  Internal waters.

    (a) With respect to the United States, internal waters means the 
waters shoreward of the territorial sea baseline.
    (b) With respect to any other nation, internal waters means the 
waters shoreward of its territorial sea baseline, as recognized by the 
United States.



Sec. 2.26  Inland waters.

    Inland waters means the waters shoreward of the territorial sea 
baseline.



Sec. 2.28  Contiguous zone.

    (a) For the purposes of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), contiguous zone means the zone, 9 nautical miles 
wide, adjacent to and seaward of the territorial sea, as defined in 
Sec. 2.22(a)(2), that was declared to exist in Department of State 
Public Notice 358 of June 1, 1972 and that extends from 3 nautical miles 
to 12 nautical miles as measured from the territorial sea baseline.
    (b) For all other purposes, contiguous zone means all waters within 
the area adjacent to and seaward of the territorial sea, as defined in 
Sec. 2.22(a), and extending to 24 nautical miles from the territorial 
sea baseline, but in no case extending within the territorial sea of

[[Page 31]]

another nation, as declared in Presidential Proclamation 7219 of 
September 2, 1999 (113 Stat. 2138).



Sec. 2.30  Exclusive Economic Zone.

    (a) With respect to the United States, including the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
American Samoa, the United States Virgin Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, exclusive economic zone means the zone seaward of and 
adjacent to the territorial sea, as defined in Sec. 2.22(a), including 
the contiguous zone, and extending 200 nautical miles from the 
territorial sea baseline (except where otherwise limited by treaty or 
other agreement recognized by the United States) in which the United 
States has the sovereign rights and jurisdiction and all nations have 
the high seas freedoms mentioned in Presidential Proclamation 5030 of 
March 10, 1983.
    (b) Under customary international law as reflected in Article 56 of 
the 1982 United Nations Convention on the Law of the Sea, and with 
respect to other nations, exclusive economic zone means the waters 
seaward of and adjacent to the territorial sea, not extending beyond 200 
nautical miles from the territorial sea baseline, as recognized by the 
United States.



Sec. 2.32  High seas.

    (a) For purposes of special maritime and territorial jurisdiction of 
the United States as defined in 18 U.S.C. 7, high seas means all waters 
seaward of the territorial sea baseline.
    (b) For the purposes of section 2 of the Act of February 19, 1895, 
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 1980 
(33 U.S.C. Chapter 34), high seas means the waters seaward of any lines 
established under these statutes, including the lines described in part 
80 of this chapter and 46 CFR part 7.
    (c) For the purposes of 14 U.S.C. 89(a), and 33 U.S.C. 1471 et. 
seq., high seas includes the exclusive economic zones of the United 
States and other nations, as well as those waters that are seaward of 
territorial seas of the United States and other nations.
    (d) Under customary international law as reflected in the 1982 
United Nations Convention on the Law of the Sea and without prejudice to 
high seas freedoms that may be exercised within exclusive economic zones 
pursuant to article 58 of the United Nations Convention on the Law of 
the Sea, and unless the context clearly requires otherwise (e.g., The 
International Convention Relating to Intervention on the High Seas in 
Cases of Oil Pollution Casualties, 1969, including annexes thereto), 
high seas means all waters that are not the exclusive economic zone (as 
defined in Sec. 2.30), territorial sea (as defined in Sec. 2.22), or 
internal waters of the United States or any other nation.



Sec. 2.34  Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water.

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



Sec. 2.36  Navigable waters of the United States, navigable waters, and territorial waters.

    (a) Except as provided in paragraph (b) of this section, navigable 
waters of the United States, navigable waters, and territorial waters 
mean, except where Congress has designated them not to be navigable 
waters of the United States:
    (1) Territorial seas of the United States;
    (2) Internal waters of the United States that are subject to tidal 
influence; and
    (3) Internal waters of the United States not subject to tidal 
influence that:
    (i) Are or have been used, or are or have been susceptible for use, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce, notwithstanding natural or 
man-made obstructions that require portage, or

[[Page 32]]

    (ii) A governmental or non-governmental body, having expertise in 
waterway improvement, determines to be capable of improvement at a 
reasonable cost (a favorable balance between cost and need) to provide, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce.
    (b) Navigable waters of the United States and navigable waters, as 
used in sections 311 and 312 of the Federal Water Pollution Control Act, 
as amended, 33 U.S.C. 1321 and 1322, mean:
    (1) Navigable waters of the United States as defined in paragraph 
(a) of this section and all waters within the United States tributary 
thereto; and
    (2) Other waters over which the Federal Government may exercise 
Constitutional authority.



Sec. 2.38  Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction.

    Waters subject to the jurisdiction of the United States and waters 
over which the United States has jurisdiction mean the following 
waters--
    (a) Navigable waters of the United States, as defined in Sec. 
2.36(a).
    (b) Waters, other than those under paragraph (a) of this section, 
that are located on lands for which the United States has acquired title 
or controls and--
    (1) Has accepted jurisdiction according to 40 U.S.C. 255; or
    (2) Has retained concurrent or exclusive jurisdiction from the date 
that the State in which the lands are located entered the Union.
    (c) Waters made subject to the jurisdiction of the United States by 
operation of the international agreements and statutes relating to the 
former Trust Territory of the Pacific Islands, and waters within the 
territories and possessions of the United States.



           Subpart C_Availability of Jurisdictional Decisions



Sec. 2.40  Maintenance of decisions.

    (a) From time to time, the Coast Guard makes navigability 
determinations of specific waterways, or portions thereof, in order to 
determine its jurisdiction on those waterways. Copies of these 
determinations are maintained by the District Commander in whose 
district the waterway is located.
    (b) If the district includes portions of the territorial sea, charts 
reflecting Coast Guard decisions as to the location of the territorial 
sea baseline for the purposes of Coast Guard jurisdiction are maintained 
by the District Commander in whose district the portion of the 
territorial sea is located.



Sec. 2.45  Decisions subject to change or modification and availability of lists and charts.

    The determinations referred to in Sec. 2.40 are subject to change 
or modification. The determinations are made for Coast Guard use at the 
request of Coast Guard officials. Determinations made or subsequently 
changed are available to the public under Sec. 1.10-5(b) of this 
chapter. Inquiries concerning whether a determination has been made for 
specific waters, for the purposes of Coast Guard jurisdiction, should be 
directed to the District Commander of the district in which the waters 
are located.



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




                     Subpart 3.01_General Provisions

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

                     Subpart 3.04_Coast Guard Areas

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

                 Subpart 3.05_First Coast Guard District

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

                 Subpart 3.25_Fifth Coast Guard District

3.25-1 Fifth district.

[[Page 33]]

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

                Subpart 3.35_Seventh Coast Guard District

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

                Subpart 3.40_Eighth Coast Guard District

3.40-1 Eighth district.
3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.
3.40-15 New Orleans Marine Inspection Zone and Captain of the Port Zone.
3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone.
3.40-20 Port Arthur Marine Inspection Zone and Captain of the Port Zone.
3.40-28 Houston-Galveston Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-35 Corpus Christi Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-40 St. Louis Marine Inspection Zone and Captain of the Port Zone.
3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.
3.40-50 Huntington Marine Inspection Zone and Captain of the Port Zone.
3.40-55 Louisville Marine Inspection Zone and Captain of the Port Zone.
3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone.
3.40-65 Pittsburgh Marine Inspection Zone and Captain of the Port Zone.

                 Subpart 3.45_Ninth Coast Guard District

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

               Subpart 3.55_Eleventh Coast Guard District

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

              Subpart 3.65_Thirteenth Coast Guard District

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

              Subpart 3.70_Fourteenth Coast Guard District

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

              Subpart 3.85_Seventeenth Coast Guard District

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

    Authority: 14 U.S.C. 633; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Sec. rity Delegation No. 0170.



                     Subpart 3.01_General Provisions



Sec. 3.01-1  General description.

    (a) The structure of the Coast Guard's general organization for the 
performance of its assigned functions and duties consists of the 
Commandant, assisted by the Headquarters staff, two Area Offices to act 
as intermediate echelons of operational command, and District Offices to 
provide regional direction and coordination. The District Offices 
operate within defined geographical areas of the United

[[Page 34]]

States, its territories, and possessions, including portions of the high 
seas adjacent thereto. The description of the districts is established 
by the Commandant.
    (b) The two Coast Guard Areas are the Atlantic Area (see Sec. 3.04-
1) and the Pacific Area (see Sec. 3.04-3). The Coast Guard Area 
Commander is in command of a Coast Guard Area; the offices are referred 
to as a Coast Guard Area Office. The office of the Commander, Atlantic 
Area, is located in the Fifth Coast Guard District and the Commander, 
Atlantic Area, also serves as the Fifth District Commander. The office 
of the Commander, Pacific Area, is located in the Eleventh Coast Guard 
District and the Commander, Pacific Area, also serves as the Eleventh 
District Commander. Area Commanders have the responsibility of 
determining when operational matters require the coordination of forces 
and facilities of more than one district.
    (c) The Coast Guard District Commander is in command of a Coast 
Guard District and his office may be referred to as a Coast Guard 
District Office. (See Sec. 1.01-1 of this subchapter.)
    (d) An Officer in Charge, Marine Inspection, is in command of a 
Marine Inspection Zone and his office may be referred to as a Coast 
Guard Marine Inspection Office. (See Sec. 1.01-20 of this subchapter.)
    (e) The Captain of the Port is in command of a Captain of the Port 
Area and his office may be referred to as a Captain of the Port Office. 
(See Sec. 1.01-30 of this subchapter.)
    (f) Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the United States territorial seas 
adjacent to the described Area or Zone for the purpose of enforcing or 
acting pursuant to a statute effective in the United States territorial 
seas. Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the Contiguous Zone adjacent to the 
Area or Zone for the purpose of enforcing or acting pursuant to a 
statute effective in the Contiguous Zone. (See Sec. Sec. 2.05-5 and 
2.05-15.) Each Captain of the Port Zone and each Marine Inspection Zone 
described in this part also includes the Exclusive Economic Zone (EEZ) 
adjacent to the area for the purpose of enforcing or acting pursuant to 
a statute effective in the EEZ.
    (g) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 70-150, 36 FR 909, Jan. 20, 1971, as amended by CGD 77-091, 42 FR 
48022, Sept. 22, 1977; CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-
008b, 52 FR 25217, July 6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987; 
CGD 93-020, 58 FR 51726, Oct. 4, 1993; CGD 96-025, 61 FR 29959, June 13, 
1996; USCG-2003-14505, 68 FR 9534, Feb. 28, 2003]



Sec. 3.01-5  Assignment of functions.

    Sec. ion 888 of Pub. L. 107-296, 116 Stat. 2135, authorizes the 
Commandant of the Coast Guard to exercise certain functions, powers, and 
duties vested in the Sec. etary of Homeland Sec. rity by law. The general 
statements of policy in the rules describing Coast Guard organization 
are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 383, as amended) and 
14 U.S.C. 633 (63 Stat. 545).

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003]



                     Subpart 3.04_Coast Guard Areas



Sec. 3.04-1  Atlantic Area.

    (a) The Area Office is in Portsmouth, VA.
    (b) The Atlantic Area is comprised of the land areas and U.S. 
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast 
Guard Districts and the ocean areas lying east of a line extending from 
the North Pole south along 95[deg] W. longitude to the North American 
land mass; thence along the east coast of the North, Central, and South 
American land mass to the intersection with 70[deg] W. longitude; thence 
due south to the South Pole.

[[Page 35]]

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

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



Sec. 3.04-3  Pacific Area.

    (a) The Area Office is in Alameda, CA.
    (b) The Pacific Area is comprised of the land areas and the U.S. 
navigable waters of the Eleventh, Thirteenth, Fourteenth, and 
Seventeenth Coast Guard Districts and the ocean areas lying west of a 
line extending from the North Pole south along 95[deg] W. longitude to 
the North American land mass; thence along the west coast of the North, 
Central, and South American land mass to the intersection with 70[deg] 
W. longitude; thence due south to the South Pole. These waters extend 
west to the Eastern Hemisphere dividing line between the Atlantic and 
Pacific Areas which lies along a line extending from the North Pole 
south along 100[deg] E. longitude to the Asian land mass and along a 
line extending from the South Pole north along 17[deg] E. longitude to 
the African land mass.

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



                 Subpart 3.05_First Coast Guard District



Sec. 3.05-1  First district.

    (a) The District Office is in Boston, Massachusetts.
    (b) The First Coast Guard District is comprised of: Maine; New 
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York 
except that part north of latitude 42[deg] N. and west of longitude 
74[deg]39[min] W; that part of New Jersey north of 40[deg]18[min] N. 
latitude, east of 74[deg]30.5[min] W. longitude, and northeast of a line 
from 40[deg]18[min] N. 74[deg]30.5[min] W. north-northwesterly to the 
New York, New Jersey & Pennsylvania boundaries at Tristate; all U.S. 
Naval reservations on shore at Newfoundland; the ocean area encompassed 
by the Search and Rescue boundary between Canada and the United States 
easterly to longitude 63[deg] W.; thence due south to latitude 41[deg] 
N.; thence southwesterly along a line bearing 219[deg]T to the point of 
intersection at 37[deg] N. latitude, 67[deg]13[min] W. longitude with a 
line bearing 122[deg]T from the New Jersey shoreline at 40[deg]18[min] 
N. latitude (just south of the Shrewsbury River); thence northwesterly 
along this line to the coast.

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



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

    (a) The Boston Marine Inspection Office and Captain of the Port 
Office are located in Boston, Massachusetts.
    (b) The boundary of the Boston Marine Inspection Zone and Captain of 
the Port Zone starts at the boundary of the Massachusetts and New 
Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min] W. 
longitude and proceeds seaward on a line bearing 90[deg] T to the 
outermost extent of the EEZ; thence southeast along the outermost extent 
of the EEZ to 42[deg]08[min] N. latitude; thence west to 42[deg]08[min] 
N. latitude, 70[deg]15[min] W. longitude; thence southwest to the 
Massachusetts coast at Manomet Point at 41[deg]55[min] N. latitude, 
70[deg]33[min] W. longitude; thence northwest to 42[deg]04[min] N. 
latitude, 71[deg]06[min] W. longitude; thence to the Massachusetts and 
Rhode Island boundaries at 42[deg]01.5[min] N. latitude, 
71[deg]28.0[min] W. longitude; thence west along the southern boundary 
of Massachusetts, except the waters of Congamond Lakes; thence north 
along the Massachusetts-New York boundary to the intersection of the 
Massachusetts-New York-Vermont boundaries; thence east along the 
Massachusetts-Vermont boundary and the Massachusetts-New Hampshire 
boundary to the point of origin.

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

[[Page 36]]



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

    (a) The Portland, Maine Marine Inspection Office and Captain of the 
Port Office are located in Portland, Maine.
    (b) The boundary of the Portland, Maine, Marine Inspection Zone and 
Captain of the Port Zone starts at the boundary of the Massachusetts and 
New Hampshire coasts at 42[deg]52.3[min] N. latitude, 70[deg]49.0[min] 
W. longitude and proceeds seaward on a line bearing 90[deg] T to the 
outermost extent of the EEZ; thence northerly and westerly along the 
outermost extent of the EEZ and the Canadian border to the western 
boundary of Essex County in Vermont; thence south along the westernmost 
Vermont county boundaries of Essex, Caledonia, Lamoille, Washington, 
Orange, Windsor, and Bennington to the intersection of the Vermont-New 
York-Massachusetts boundaries; thence east along the Vermont-
Massachusetts and New Hampshire-Massachusetts boundaries to the point of 
origin.

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



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

    (a) The Providence Marine Inspection Office and Captain of the Port 
Office are located in Providence, Rhode Island.
    (b) The boundary of the Providence Marine Inspection Zone and 
Captain of the Port Zone starts on the Massachusetts coast at Manomet 
Point at 41[deg]55[min] N. latitude, 70[deg]33[min] W. longitude and 
proceeds northeast to 42[deg]08[min] N. latitude 70[deg]15[min] W. 
longitude; thence east along 42[deg]08[min] N. latitude to the outermost 
extent of the EEZ; thence southerly along the outermost extent of the 
EEZ to a line bearing 132[deg] T from Watch Hill Light, Rhode Island; 
thence northwest along a line bearing 132[deg] T from Watch Hill Light, 
Rhode Island, to Watch Hill Light; thence northeast to 41[deg]21[min] N. 
latitude, 71[deg]48.5[min] W. longitude at Westerly, Rhode Island; 
thence north to 41[deg]25[min] N. latitude, 71[deg]48[min] W. longitude; 
thence north along the Connecticut-Rhode Island boundary, including the 
waters of Beach Pond, to the Massachusetts boundary; thence east along 
the Massachusetts-Rhode Island boundary to 42[deg]01.5[min] N. latitude, 
71[deg]28.0[min] W. longitude; thence east to 42[deg]04[min] N. 
latitude, 71[deg]06[min] W. longitude; thence southeasterly to the point 
of origin.

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



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

    (a) The New York Marine Inspection Office and Captain of the Port 
Office is located in New York, New York.
    (b) The boundary of the New York Marine Inspection Zone and Captain 
of the Port Zone starts on the south shore of Long Island at 
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude and proceeds 
southeasterly along a line bearing 127.5[deg]T to 38[deg]28[min] N. 
latitude, 70[deg]11[min] W. longitude; thence northwesterly along a line 
bearing 122[deg]T from the New Jersey coast at 40[deg]18[min] N. 
latitude; thence west along 40[deg]18[min] N. latitude to 
74[deg]30.5[min] W. longitude; thence northwesterly to the intersection 
of the New York-New Jersey-Pennsylvania boundaries at Tristate; thence 
northwesterly along the east bank of the Delaware River to 
42[deg]00[min] N. latitude; thence east to 74[deg]39[min] W. longitude; 
thence north to the Canadian border; thence easterly along the Canadian 
Border to the northeast corner of the Orleans County line in Vermont; 
thence following the eastern and southern boundaries of Orleans, 
Franklin, Chittenden, Addison, and Ruthland Counties to the Vermont-New 
York boundary; thence southerly along the New York boundary to 
41[deg]01.5[min] N. latitude, 73[deg]40[min] W. longitude; thence 
southerly to the southern shore of Manursing Island at 40[deg]58[min] N. 
latitude, 73[deg]40[min] W. longitude; thence southeasterly to 
40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W. longitude; thence 
southerly to 40[deg]40[min] N. latitude, 73[deg]40[min] W. longitude; 
thence southwesterly to the point of origin.

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



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

    (a) The Long Island Sound Marine Inspection Office and Captain of 
the Port

[[Page 37]]

Office is located in New Haven, Connecticut.
    (b) The boundary of the Long Island Sound Marine Inspection Zone and 
Captain of the Port Zone starts at 40[deg]35.4[min] N. latitude, 
73[deg]46.6[min] W. longitude; thence proceeds along a line 
northeasterly to 40[deg]40[min] N. latitude, 73[deg]40[min] W. 
longitude; thence to 40[deg]52.5[min] N. latitude, 73[deg]37.2[min] W. 
longitude; thence northwest to the south shore of Manursing Island at 
40[deg]58[min] N. latitude, 73[deg]40[min] W. longitude; thence 
northerly to the Connecticut-New York boundary at 41[deg]01.5[min] N. 
latitude, 73[deg]40[min] w. longitude; thence north along the western 
boundary of Connecticut to the Massachusetts-Connecticut boundary; 
thence east along the southern boundary of Massachusetts, including the 
waters of the Congamond Lakes, to the Rhode Island boundary; thence 
south along the Connecticut-Rhode Island boundary, excluding the waters 
of Beach Pond, to 41[deg]24[min] N. latitude, 71[deg]48[min] W. 
longitude; thence southerly to 41[deg]21[min] N. latitude, 
71[deg]48.5[min] W. longitude at Westerly, Rhode Island; thence 
southwesterly to Watch Hill Light, Rhode Island. The northern offshore 
boundary is a line bearing 132[deg]T from Watch Hill Light to the 
outermost extent of the EEZ. The southern offshore boundary extends 
along a line bearing 127.5[deg]T from the south shore of Long Island at 
40[deg]35.4[min] N. latitude, 73[deg]46.6[min] W. longitude to 
38[deg]28[min] N. latitude, 70[deg]11[min] W. longitude; thence easterly 
to the outermost extent of the EEZ; thence northerly along the outermost 
extent of the EEZ to the intersection of the northern boundary.

[CGD 96-016, 61 FR 21958, May 13, 1996, as amended by USCG-2000-7223, 65 
FR 40054, June 29, 2000]



                 Subpart 3.25_Fifth Coast Guard District



Sec. 3.25-1  Fifth district.

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

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



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

    (a) The Philadelphia Marine Inspection Office and the Philadelphia, 
Captain of the Port Office are located in Philadelphia, Pennsylvania.
    (b) The boundary of the Philadelphia Marine Inspection zone and 
Captain of the Port Zone starts at the New Jersey coast at 
40[deg]18[min] N. latitude, thence proceeds westward to 40[deg]18[min] 
N. latitude, 74[deg]30.5[min] W. longitude, thence north-northwesterly 
to the junction of the New York, New Jersey, and Pennsylvania boundaries 
at Tristate; thence northwesterly along the east bank of the Delaware 
River to 42[deg]00[min] N. latitude; thence west along the New York-

[[Page 38]]

Pennsylvania boundary to 78[deg]55[min] W. longitude; thence south to 
41[deg]00[min] N. latitude; thence west to 79[deg]00[min] W. longitude; 
thence south to the Pennsylvania-Maryland boundary; thence east to the 
intersection of the Maryland-Delaware boundary; thence south and east 
along the Maryland-Delaware boundary to the sea, including Fenwick 
Island Light. The offshore boundary starts at Fenwick Island Light and 
proceeds east along 38[deg]28[min] N. latitude to 70[deg]11[min] W. 
longitude; thence northwesterly along a line bearing 122[deg]T from the 
New Jersey Coast at 40[deg]18[min] N. latitude.

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



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

    (a) The Hampton Roads Marine Inspection Office and the Hampton Roads 
Captain of the Port Office are located in Norfolk, Virginia.
    (b) The boundary of the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-Delaware 
boundary to a point 75[deg]30.0[min] W. longitude; thence southerly to a 
point 75[deg]30.0[min] W. longitude on the Maryland-Virginia boundary, 
thence westerly along the Maryland-Virginia boundary as it proceeds 
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke 
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as 
those boundaries are formed along the southern bank of the Potomac River 
to the intersection of the Virginia-Maryland-West Virginia boundaries; 
thence southerly along the Virginia-West Virginia boundary and the 
Virginia-Kentucky boundary to the Tennessee boundary; thence eastward 
along the Virginia-Tennessee boundary to the Virginia-North Carolina 
boundary; thence eastward to the sea. The offshore boundary starts at 
the intersection of the Maryland-Delaware boundary and the coast and 
proceeds east to a point 38[deg]28.0[min] N. latitude, 70[deg]11.0[min] 
W. longitude; thence southeasterly on a line bearing 122[deg]T to the 
outermost extent of the EEZ; thence southerly along the outermost extent 
of the EEZ to 36[deg]33.0[min] N. latitude, and thence westerly along 
36[deg]33.0[min] N latitude to the coast at 75[deg]52.0[min] W. 
longitude.

[CGD 73-31R, 39 FR 8613, Mar. 6, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; 58 FR 
67909, Dec. 22, 1993; CGD 96-016, 61 FR 21959, May 13, 1996; USCG-2002-
12471, 67 FR 41331, June 18, 2002]



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

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

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

[[Page 39]]



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

    (a) The Wilmington Marine Inspection Office and the Wilmington 
Captain of the Port Office are located in Wilmington, North Carolina.
    (b) The boundary of the Wilmington Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at 36[deg]33.0[min] N. 
latitude, 75[deg]52.0[min] W. longitude, and proceeds westerly along the 
North Carolina-Virginia boundary to the Tennessee boundary; thence 
southwesterly along the North Carolina-Tennessee boundary to the Georgia 
boundary; thence easterly along the North Carolina-Georgia boundary to 
the South Carolina boundary; thence easterly along the South Carolina-
North Carolina boundary to the sea. The offshore boundary of the 
Wilmington Captain of the Port Zone starts at the coast at 
36[deg]33.0[min] N. latitude; thence proceeds easterly to the outermost 
extent of the EEZ; thence southerly along the outermost extent of the 
EEZ to a line bearing 122[deg]T from the intersection of the South 
Carolina-North Carolina boundary and the sea to the outermost extent of 
the EEZ; thence westerly along a line bearing 122[deg]T to the coast.

[CGD 73-31R, 39 FR 8614, Mar. 6, 1974; CGD 73-31R, 39 FR 12007, Apr. 2, 
1974, as amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 
59 FR 948, Jan. 7, 1994; USCG-2002-12471, 67 FR 41331, June 18, 2002]



                Subpart 3.35_Seventh Coast Guard District



Sec. 3.35-1  Seventh district.

    (a) The District Office is in Miami, Fla.
    (b) The Seventh Coast Guard District is comprised of the states of 
South Carolina, Georgia and Florida, except for that part of Georgia and 
Florida west of a line from the intersection of the Florida coast with 
Longitude 83[deg]50[min] W. (30[deg]00[min] N., 83[deg]50[min] W.) due 
north to a position 30[deg]15[min] N., 83[deg]50[min]W.; thence due west 
to a position 30[deg]15[min] N., 84[deg]45[min] W.; thence due north to 
the intersection with the south shore of the Jim Woodruff Reservoir; 
thence along the east bank of the Jim Woodruff Reservoir and the east 
bank of the Flint River up stream to Montezuma, GA, thence northwesterly 
to West Point, GA. Also included is the Panama Canal Zone, all the 
island possessions of the United States pertaining to Puerto Rico and 
the U.S. Virgin Islands; and the U.S. Naval reservations in the islands 
of the West Indies and on the north coast of South America. The ocean 
areas are those portions of the western North Atlantic, Caribbean Sea, 
Gulf of Mexico and the Straits of Florida areas encompassed by a line 
originating at the state boundary between North Carolina and South 
Carolina, and extending southeasterly through 30[deg]57[min] N., 
73[deg]06[min] W. and 29[deg]00[min] N., 69[deg]19[min] W. to 
12[deg]00[min] N., 43[deg]00[min] W.; thence southwesterly to 
10[deg]00[min] N., 48[deg]00[min] W.; thence westerly to 09[deg]20[min] 
N., 57[deg]00[min] W.; thence due west to the coastline of South 
America; thence westerly and northerly along the north coast of South 
America, and the eastern coasts of Central America and Mexico to the 
Yucatan Peninsula at 21[deg]25[min] N., 87[deg]11[min] W.; thence along 
a line 019[deg] T to the intersection of longitude 83[deg]50[min] W. and 
the western coastline of Florida (30[deg]00[min] N., 83[deg]50[min] W.).

[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
911, Jan. 20, 1971; USCG-1999-5832, 64 FR 34711, June 29, 1999]



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

    (a) The Miami Marine Inspection Office and the Miami Captain of the 
Port Office are located in Miami, Florida.
    (b) The boundary of the Miami Marine Inspection Zone and Captain of 
the Port Zone starts at the eastern Florida coast at 28[deg]00[min] N. 
latitude; thence proceeds west to 28[deg]00[min] N. latitude, 
81[deg]30[min] W. longitude; thence south to 26[deg]00[min] N. latitude, 
81[deg]30[min] W. longitude; thence southwesterly to the southern tip of 
Cape Romano, Florida. The offshore area of the Miami Captain of the Port 
Zone includes that portion of the western North Atlantic Ocean area 
bounded on the north by 28[deg]00[min] N. latitude from the coast to the 
outermost extent of the EEZ and bounded on the east and south by the 
outermost extent of the EEZ; and that portion of the eastern Gulf of 
Mexico and the Florida Bay bounded on the north by a line bearing 
227[deg] T from the southern tip of Cape Romano to the outermost extent 
of the

[[Page 40]]

EEZ and bounded on the west and south by the outermost extent of the 
EEZ.

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



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

    (a) The Charleston Marine Inspection Office and the Charleston 
Captain of the Port Office are located in Charleston, South Carolina.
    (b) The boundary of the Charleston Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at the intersection of the 
North Carolina-South Carolina boundary; thence proceeds westerly along 
the North Carolina-South Carolina boundary to the intersection of the 
North Carolina-South Carolina-Georgia boundaries; thence southerly along 
the South Carolina-Georgia boundary to the intersection with the Federal 
dam at the southern end of Hartwell Reservoir; thence southerly along 
the eastern bank of the Savannah River to 32[deg]30[min] N. latitude; 
thence easterly to the eastern bank of the Edisto River at 
32[deg]41[min] N. latitude; thence southerly along the eastern bank of 
the Edisto River to the southern tip of Bay Point, Edisto Island, South 
Carolina. The offshore boundary starts at a line bearing 122[deg] T from 
the intersection of the South Carolina-North Carolina boundary and the 
sea to the outermost extent of the EEZ; thence southerly along the 
outermost extent of the EEZ to 30[deg]50[min] N. latitude; thence east 
along 30[deg]50[min] N. latitude to a line bearing 122[deg] T from the 
southern tip of Bay Point, Edisto Island, South Carolina; thence 
easterly along a line bearing 122[deg] T to the coast.

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



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

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

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



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

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

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



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

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

[[Page 41]]

Georgia boundary to the intersection of the North Carolina-South 
Carolina-Georgia boundaries; thence westerly along the Georgia-North 
Carolina boundary and continuing westerly along the Georgia-Tennessee 
boundary to the intersection of the Georgia-Tennessee-Alabama 
boundaries; thence southerly along the Georgia-Alabama boundary to 
32[deg]53[min] N. latitude; thence southeasterly to the eastern bank of 
the Flint River at 32[deg]20[min] N. latitude; thence southerly along 
the eastern bank of the Flint River and continuing southerly along the 
southeastern shore of Jim Woodruff Reservoir to 84[deg]45[min] W. 
longitude; thence southerly to the intersection of the Florida-Georgia 
boundary; thence easterly along the Florida-Georgia boundary to 
82[deg]15[min] W. longitude; thence north to 30[deg]50[min] N. latitude, 
82[deg]15[min] W. longitude; thence east to the sea at 30[deg]50[min] N. 
latitude. The offshore boundary starts at a line bearing 122[deg] T from 
the southern tip of Bay Point, Edisto Island, South Carolina to the 
intersection with 30[deg]50[min] N. latitude; thence proceeds westerly 
along 30[deg]50[min] N. latitude to the coast.

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



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

    (a) The Tampa Marine Inspection Office and the Tampa Captain of the 
Port Office are located in Tampa, Florida.
    (b) The boundary of the Tampa Marine Inspection Zone and Captain of 
the Port Zone starts at the Florida coast at 83[deg]50[min] W. 
longitude; thence proceeds north to 30[deg]15[min] N. latitude, 
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude, 
84[deg]45[min] W. longitude; thence north to the Florida-Georgia 
boundary at 84[deg]45[min] W. longitude; thence easterly along the 
Florida-Georgia boundary to 83[deg]00[min] W. longitude; thence 
southeasterly to 28[deg]00[min] N. latitude, 81[deg]30[min] W. 
longitude; thence south to 26[deg]00[min] N. latitude, 81[deg]30[min] W. 
longitude; thence southwesterly to the southern tip of Cape Romano, 
Florida; thence southwesterly along a line bearing 227[deg] T to the 
outermost extent of the EEZ; thence westerly along the outermost extent 
of the EEZ to the intersection with a line bearing 199[deg] T from the 
intersection of the Florida coast at 83[deg]50[min] W. longitude; thence 
easterly along a line bearing 199[deg] T to the coast.

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



                Subpart 3.40_Eighth Coast Guard District



Sec. 3.40-1  Eighth district.

    (a) The District Office is in New Orleans, La.
    (b) The Eighth Coast Guard District is comprised of North Dakota, 
South Dakota, Wyoming, Nebraska, Iowa, Colorado, Kansas, Missouri, 
Kentucky, West Virginia, Tennessee, Arkansas, Oklahoma, New Mexico, 
Texas, Louisiana, Mississippi, and Alabama; that part of Pennsylvania 
south of 41[deg] N. latitude and west of 79[deg] W. longitude; those 
parts of Ohio and Indiana south of 41[deg] N. latitude; Illinois, except 
that part north of 41[deg] N. latitude and east of 90[deg] W. longitude; 
that part of Wisconsin south of 46[deg]20[min] N. latitude and west of 
90[deg] W. longitude; that part of Minnesota south of 46[deg]20[min] N. 
latitude; those parts of Florida and Georgia west of a line starting at 
the Florida coast at 83[deg]50[min] W. longitude; thence northerly to 
30[deg]15[min] N. latitude, 83[deg]50[min] W. longitude; thence due west 
to 30[deg]15[min] N. latitude, 84[deg]45[min] W. longitude; thence due 
north to the southern bank of the Jim Woodruff Reservoir at 
84[deg]45[min] W. longitude; thence northeasterly along the eastern bank 
of the Jim Woodruff Reservoir and northerly along the eastern bank of 
the Flint River to Montezuma, GA.; thence northwesterly to West Point, 
GA.; and the Gulf of Mexico area west of a line bearing 199 T. from the 
intersection of the Florida coast at 83[deg]50[min] W. longitude (the 
coastal end of the Seventh and Eighth Coast Guard District land 
boundary.) [DATUM NAD83]

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



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

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

[[Page 42]]

    (b) The boundary of the Mobile Marine Inspection Zone and Captain of 
the Port Zone starts at the Florida coast at 83[deg]50[min] W. 
longitude; thence proceeds north to 30[deg]15[min] N. latitude, 
83[deg]50[min] W. longitude; thence west to 30[deg]15[min] N. latitude, 
84[deg]45[min] W. longitude; thence north to the southern shore of the 
Jim Woodruff Reservoir at 84[deg]45[min] W. longitude; thence 
northeasterly along the eastern shore of Jim Woodruff Reservoir and 
northerly along the eastern bank of the Flint River to 32[deg]20[min] N. 
latitude, 84[deg]02[min] W. longitude; thence northwesterly to the 
intersection of the Georgia-Alabama boundary at 32[deg]53[min] N. 
latitude; thence northerly along the Georgia-Alabama boundary to 
34[deg]00[min] N. latitude; thence west to the Alabama-Mississippi 
boundary at 34[deg]00[min] N. latitude; thence northerly along the 
Alabama-Mississippi boundary to the southern boundary of Tishomingo 
County, Mississippi; thence westerly and southerly along the southern 
boundaries of Tishomingo and Prentiss Counties, Mississippi, including 
that area of the Tennessee-Tombigby Waterway south of the Bay Springs 
Lock and Dam; thence southerly and westerly along the eastern and 
southern boundaries of Lee, Chickasaw, and Calhoun Counties, 
Mississippi; thence southerly along the western boundaries of Webster, 
Choctaw, Winston, Neshoba, Newton, Jasper, Jones, Forrest and Stone 
Counties, Mississippi; thence easterly along the northern boundary of 
Harrison County, Mississippi, to 89[deg]10[min] W. longitude; thence 
south to the Mississippi coast; thence southeasterly to 29[deg]10[min] 
N. latitude, 88[deg]00[min] W. longitude; thence south to the outermost 
extent of the EEZ; thence easterly along the outermost extent of the EEZ 
to the intersection with a line bearing 199[deg] T from the intersection 
of the Florida coast at 83[deg]50[min] W. longitude; thence 
northeasterly along a line bearing 199[deg] T from the Florida coast at 
83[deg]50[min] W. longitude to the coast.

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



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

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

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD8 88-02, 53 FR 5572, Feb. 25, 1988; CGD 93-020, 
58 FR 51730, Oct. 4, 1993; USCG-2003-15404, 68 FR 37740, June 25, 2003]



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

    (a) The Morgan City Marine Inspection Office and Captain of the Port 
Office are in Morgan City, Louisiana.
    (b) The boundary of the Morgan City Marine Inspection Zone and the 
Captain of the Port Zone starts at 28[deg]50[min] N. latitude, 
88[deg]00[min] W. longitude; thence

[[Page 43]]

proceeds west to 28[deg]50[min] N. latitude, 89[deg]27[min]06[sec] W. 
longitude; thence northwesterly to 29[deg]18[min] N. latitude, 
90[deg]00[min] W. longitude; thence northwesterly along the northern 
boundaries of Lafourche, Assumption, Iberia, and St. Martin Parishes; 
thence northwesterly along the northern boundary of Lafayette and Acadia 
Parishes to 92[deg]23[min] W. longitude; thence south along 
92[deg]23[min] W. longitude to the outermost extent of the EEZ; thence 
easterly along the outermost extent of the EEZ to 88[deg]00[min] W. 
longitude; thence north to 28[deg]50[min] N. latitude, 88[deg]00[min] W. 
longitude.

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



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

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

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



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

    (a) The Houston-Galveston Marine Inspection Office and the Captain 
of the Port Office are located in Houston, Texas. The Galveston Marine 
Safety Unit is a subordinate unit of the Marine Safety Office and is 
located in Galveston, Texas.
    (b) The boundary of the Houston-Galveston Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the sea and 
94[deg]23[min] W. longitude; thence proceeds north along 94[deg]23[min] 
W. longitude to 30[deg]00[min] N. latitude; thence west along 
30[deg]00[min] N. latitude to the east bank of the Trinity River; thence 
northerly along the east bank of the Trinity River; thence northwesterly 
along the eastern shore of Lake Livingston; thence northwesterly along 
the east bank of the Trinity River to the southern boundary of Dallas 
County, Texas; thence westerly along the southern boundary of Dallas 
County, Texas to 97[deg]00[min] W. longitude; thence north along 
97[deg]00[min] W. longitude to the Texas-Oklahoma boundary; thence 
northwesterly along the Texas-Oklahoma boundary; thence north along the 
New Mexico-Oklahoma boundary; thence west along the New Mexico-Colorado 
boundary; thence south along the New Mexico-Arizona boundary; thence 
easterly along the southern boundary of New Mexico to the southeast 
corner of New Mexico at 32[deg]00[min] N. latitude; thence southeasterly 
to 29[deg]18[min] N. latitude, 96[deg]07[min] W. longitude on the east 
bank of the Colorado River; thence

[[Page 44]]

southerly along the east bank of the Colorado River to the sea; thence 
along a line bearing 140[deg]T to the outermost extent of the EEZ; 
thence easterly along the outermost extent of the EEZ to 93[deg]25[min] 
W. longitude; thence north to 27[deg]49[min] N. latitude, 93[deg]25[min] 
W. longitude; thence northwesterly to 29[deg]30[min] N. latitude, 
93[deg]48[min] W. longitude; thence westward following a line 10.3 
nautical miles from the coast to 29[deg]24[min] N. latitude, 
94[deg]20[min] W. longitude; thence northwesterly to the coast at 
94[deg]23[min] W. longitude.

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



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

    (a) The Corpus Christi Marine Inspection Office and the Corpus 
Christi Captain of the Port Office are located in Corpus Christi, Texas.
    (b) The boundary of the Corpus Christi Marine Inspection Zone and 
Captain of the Port Zone starts at the junction of the sea and the east 
bank of the Colorado River; thence proceeds northerly along the east 
bank of the Colorado River to 29[deg]18[min] N. latitude, 96[deg]07[min] 
W. longitude; thence northwesterly to the southeast corner of New Mexico 
at 32[deg]00[min] N. latitude; thence westerly along the Texas-New 
Mexico boundary; thence southeasterly along the Mexican border to the 
sea. The offshore area includes all waters and islands contained therein 
of the EEZ that are south and west of a line bearing 140[deg] T from the 
junction of the sea and the east bank of the Colorado River to the 
outermost extent of the EEZ.

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



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

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

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



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

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

[[Page 45]]

McCracken, Graves, Calloway, Marshall, Livingston, Lyon, Trigg, 
Crittenden, Caldwell, and Christian Counties, and that part of Union 
County south of a line drawn from the point of intersection of Gallatin 
and Hardin Counties (in Illinois) and the Ohio River to the point of 
intersection of Union, Webster and Henderson Counties; all of Tennessee 
except for Dyer, Crockett, Lauderdale, Tipton, Haywood, Shelby, Fayette, 
Hardeman and Lake Counties; that part of Alabama north of 34[deg] N. 
latitude, and in Mississippi: Alcorn, Prentiss, and Tishomingo Counties 
except for that portion of the Tennessee-Tombigbee Waterway south of the 
Bay Springs Lock and Dam.

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



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

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

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



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

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

[[Page 46]]

Union, Webster, and Henderson Counties (in Kentucky).

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



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

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

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



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

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

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



                 Subpart 3.45_Ninth Coast Guard District

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



Sec. 3.45-1  Ninth district.

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

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



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

    (a) The Cleveland Marine Inspection Office and the Cleveland Captain 
of the Port Office are located in Cleveland, Ohio.
    (b) The Cleveland Marine Inspection Zone and Captain of the Port 
Zone include all navigable waters of the United States and contiguous 
land areas within the following boundaries: From the international 
boundary in Lake Erie at longitude 82[deg]25[min] W.; thence due south 
to latitude 41[deg] N.; thence due east to longitude 
80[deg]31[min]12[sec] W. (Ohio/Pennsylvania State boundary); thence due 
north to the international boundary; thence southwesterly along the

[[Page 47]]

international boundary to the starting point.
    (c) Notwithstanding paragraph (b) of this section and Sec. 3.10-
50(b), factory inspections at the towns of Alliance and Sebring, Ohio, 
are conducted by marine inspectors from the Cleveland Marine Inspection 
Office rather than from the Pittsburgh Marine Inspection Office.

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



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

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

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



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

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

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



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

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



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

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



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

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

[[Page 48]]

thence due north to latitude 46[deg]20[min] N.; thence due west to 
longitude 90[deg] W.; thence due south to the starting point.

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



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

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

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



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

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



               Subpart 3.55_Eleventh Coast Guard District



Sec. 3.55-1  Eleventh district.

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

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



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

    (a) The Los Angeles-Long Beach Marine Inspection Office and the Los 
Angeles-Long Beach Captain of the Port Office are located in Long Beach, 
California.
    (b) The Los Angeles-Long Beach Marine Inspection Zone and Captain of 
the Port Zone comprise the land masses and waters of California south of 
Monterey, Kings, Tulare, and Inyo Counties except San Diego and Imperial 
Counties. The offshore boundary starts at a line bearing 240[deg] T from 
the intersection of the Monterey-San Luis Obispo County line 
(approximately 35[deg]47.5[min] N. latitude) and the California coast to 
the outermost extent of the EEZ; thence proceeds southerly along the 
outermost extent of the EEZ to a line bearing 255[deg] T from the 
intersection of the Orange-San Diego County lines (approximately 
33[deg]22.5[min] N. latitude) and the California coast; thence easterly 
along this line to the coast.

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



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

    (a) The San Diego Marine Inspection Office and San Diego Captain of 
the

[[Page 49]]

Port Office are located in San Diego, California.
    (b) The San Diego Marine Inspection Zone and Captain of the Port 
Zone comprise the land masses and waters of Arizona; in Utah, 
Washington, Kane, San Juan, and Garfield Counties; in Nevada, Clark 
County; and in California, San Diego and Imperial Counties. The offshore 
boundary, which includes all ocean waters and islands contained therein, 
starts at the intersection of the Orange-San Diego County lines 
(approximately 33[deg]22.5[min] N. latitude) and the California coast 
and proceeds seaward on a line bearing 255 T[deg] to the outermost 
extent of the EEZ; thence proceeds southerly along the outermost extent 
of the EEZ to the intersection of the maritime boundary with Mexico; 
thence easterly, along the maritime boundary with Mexico to its 
intersection with the California coast.

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



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

    (a) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Office are located in Alameda, California.
    (b) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Zone comprise the land masses and waters of Wyoming within the 
boundaries of Sweetwater County; Utah, except for Washington, Kane, San 
Juan, and Garfield Counties; Nevada, except for Clark County; and 
California, north of San Luis Obispo, Kern, and San Bernardino Counties. 
It also includes all ocean waters and islands contained therein of the 
EEZ bounded on the north by the northern boundary of the Eleventh Coast 
Guard District which is described in Sec. 3.55-1; and on the south by a 
line bearing 240[deg] T from the intersection of the Monterey-San Luis 
Obispo County lines (approximately 35[deg]47.5[min] N. latitude) and the 
California coast to the outermost extent of the EEZ; and on the west by 
the outermost extent of the EEZ.

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



              Subpart 3.65_Thirteenth Coast Guard District



Sec. 3.65-1  Thirteenth district.

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

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



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

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

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



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

    (a) The Portland Marine Inspection Office and the Portland Captain 
of the Port Office are located in Portland, Oregon.

[[Page 50]]

    (b) The boundary of the Portland, Oregon, Marine Inspection Zone and 
Captain of the Port Zone starts at the Washington coast at 
47[deg]32[min] N. latitude and proceeds along this latitude easterly to 
a point 47[deg]32[min] N. latitude, 123[deg]18[min] W. longitude; thence 
southerly to 46[deg]55[min] N. latitude; thence easterly along this 
latitude to the eastern Idaho State line; thence southeasterly along the 
Idaho State line to the intersection of the Idaho-Wyoming boundary; 
thence southerly along the Idaho-Wyoming boundary to the intersection of 
the Idaho-Utah-Wyoming boundaries; thence westerly along the 
42[deg]00[min] N. latitude to the sea. The offshore boundary is bounded 
on the south by the southern boundary of the Thirteenth Coast Guard 
District which is described in Sec. 3.65-10, to the outermost extent of 
the EEZ; thence northerly along the outermost extent of the EEZ to 
47[deg]32[min] N. latitude; thence easterly along 47[deg]32[min] N. 
latitude to the coast.

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



              Subpart 3.70_Fourteenth Coast Guard District



Sec. 3.70-1  Fourteenth district.

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

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



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

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

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



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

    (a) The Guam Marine Inspection Office and Captain of the Port Office 
are located in Piti, Guam.
    (b) The Guam Marine Inspection Zone and Captain of the Port Zone 
comprise:
    (1) The Territory of Guam and the adjacent waters of the EEZ.
    (2) The Commonwealth of the Northern Mariana Islands and the 
adjacent waters of the EEZ.
    (c) In Commonwealth of the Northern Mariana Islands, required 
notifications

[[Page 51]]

to the Officer in Charge, Marine Inspection and the Captain of the Port, 
Guam, may be made to: Supervisor, United States Coast Guard, Marine 
Safety Detachment, Emergency Operations Center, Capitol Hill, Saipan, 
Commonwealth of the Northern Mariana Islands 96950-5000.

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



              Subpart 3.85_Seventeenth Coast Guard District



Sec. 3.85-1  Seventeenth district.

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

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



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

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

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



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

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

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



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

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

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

[[Page 52]]



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




Sec. 
4.01 Purpose.
4.02 Display.

    Authority: 44 U.S.C. 3507; Department of Homeland Sec. rity 
Delegation No. 0170.1.



Sec. 4.01  Purpose.

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

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



Sec. 4.02  Display.

------------------------------------------------------------------------
33 CFR part or section where identified
             and described                   Current OMB control No.
------------------------------------------------------------------------
Part 6.................................  1625-0020
Part 67................................  1625-0011
Part 96................................  1625-0084
Part 100...............................  1625-0008
Part 101...............................  1625-0077
Sec. ion 101.115........................  1625-0017
Part 103...............................  1625-0077
Part 104...............................  1625-0077
Sec. ion 104.297........................  1625-0017
Part 105...............................  1625-0077
Part 106...............................  1625-0077
Part 115...............................  1625-0015
Part 116...............................  1625-0073
Part 120...............................  1625-0077
Sec. ion 126.15(c)......................  1625-0016
Sec. ion 126.17.........................  1625-0005
Part 127...............................  1625-0049
Sec. ion 127.617........................  1625-0016
Sec. ion 127.1603.......................  1625-0016
Part 128...............................  1625-0077
Part 130...............................  1625-0046
Part 138...............................  1625-0046
Sec. ion 140.15.........................  1625-0050
Sec. ion 140.103........................  1625-0054
Sec. ion 141.35.........................  1625-0098
Part 143...............................  1625-0059
Part 144...............................  1625-0059
Part 145...............................  1625-0059
Part 146...............................  1625-0001 and
                                         1625-0059
Sec. ion 146.130........................  1625-0044
Sec. ion 146.140........................  1625-0059
Sec. ion 146.210........................  1625-0059
Part 151...............................  1625-0009
Sec. ion 151.19.........................  1625-0041
Sec. ion 151.21.........................  1625-0041
Sec. ion 151.43.........................  1625-0045
Sec. ion 151.55.........................  1625-0072
Sec. ion 151.57.........................  1625-0072
Sec. ion 151.2040.......................  1625-0069
Sec. ion 153.203........................  1625-0096
Sec. ion 154.107........................  1625-0095
Sec. ion 154.108........................  1625-0095
Sec. ion 154.110........................  1625-0093
Sec. ion 154.300 through 154.325........  1625-0021
Sec. ion 154.710........................  1625-0039
Sec. ion 154.740........................  1625-0039
Sec. ion 154.804........................  1625-0060
Sec. ion 154.806........................  1625-0060
Sec. ion 154.1220.......................  1625-0066
Sec. ion 154.1225.......................  1625-0066
Sec. ion 155.120........................  1625-0051 and
                                         1625-0095
Sec. ion 155.130........................  1625-0051 and
                                         1625-0095
Sec. ion 155.710........................  1625-0072
Sec. ion 155.715........................  1625-0072
Sec. ion 155.720........................  1625-0030
Sec. ion 155.740........................  1625-0030
Sec. ion 155.750........................  1625-0030
Sec. ion 155.820........................  1625-0030
Sec. ion 155.820(d).....................  1625-0039
Sec. ion 156.107........................  1625-0095
Sec. ion 156.110........................  1625-0095
Sec. ion 156.120........................  1625-0039
Sec. ion 156.150........................  1625-0039
Part 156, Subpart B....................  1625-0042
Sec. ion 156.200........................  1625-0042
Part 157...............................  1625-0036 and
                                         1625-0041
Sec. ion 157.37.........................  1625-0041
Sec. ion 157.415........................  1625-0083
Sec. ion 157.420........................  1625-0083
Sec. ion 157.430........................  1625-0083
Sec. ion 157.435........................  1625-0083
Sec. ion 157.450........................  1625-0083
Sec. ion 157.455........................  1625-0083
Part 158...............................  1625-0045
Sec. ion 158.140........................  1625-0045
Sec. ion 158.150........................  1625-0045
Sec. ion 158.165........................  1625-0045
Sec. ion 158.190........................  1625-0045
Part 159...............................  1625-0041 and
                                         1625-0092
Part 160...............................  1625-0043 and
                                         1625-0100
Part 161...............................  1625-0043
Part 164...............................  1625-0043 and
                                         1625-0082
Part 165...............................  1625-0020 and
                                         1625-0043
Sec. ion 165.100........................  1625-0088
Sec. ion 165.803(i).....................  1625-0023
Sec. ion 165.1709.......................  1625-0043
Sec. ion 169.140........................  1625-0103
Sec. ion 173.55.........................  1625-0003
Sec. ion 179.13.........................  1625-0010
Sec. ion 179.15.........................  1625-0010
Sec. ion 181.21 through 181.31..........  1625-0056
Part 183...............................  1625-0056
Part 187...............................  1625-0070
------------------------------------------------------------------------


[69 FR 34924, June 23, 2004]

[[Page 53]]



PART 5_COAST GUARD AUXILIARY--Table of Contents




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

    Authority: 14 U.S.C. 633, 892; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Sec. rity Delegation No. 0170.

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



Sec. 5.01  Definitions.

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

[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended by CGFR 59-58, 24 FR 
10717, Dec. 25, 1959; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2003-
14505, 68 FR 9534, Feb. 28, 2003]



Sec. 5.03  Purpose.

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



Sec. 5.05  Organization.

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



Sec. 5.07  Administration.

    Any authority vested in the Commandant by this part may be delegated 
by him to such personnel of the Coast

[[Page 54]]

Guard, in such manner and to such extent, as he deems necessary or 
appropriate for the functioning, organization, and internal 
administration of the Auxiliary.



Sec. 5.09  Eligibility for membership.

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

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



Sec. 5.11  Membership in military organizations.

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



Sec. 5.13  Application for membership.

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

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



Sec. 5.15  Admission to membership.

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

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



Sec. 5.17  Disenrollment.

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

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



Sec. 5.19  Training.

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



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

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



Sec. 5.23  Advancement.

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



Sec. 5.25  Honorary members.

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



Sec. 5.27  Assignment to specific duties.

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



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

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

[[Page 55]]



Sec. 5.31  Power and authority.

    Members of the Auxiliary, when assigned to specific duties shall, 
unless otherwise limited by the Commandant, be vested with the same 
power and authority, in execution of such duties, as members of the 
regular Coast Guard assigned to similar duties.



Sec. 5.33  Training, examination, and assignment.

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



Sec. 5.35  Use of facilities.

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

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

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



Sec. 5.37  Offer of facilities.

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

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



Sec. 5.39  Acceptance of facilities.

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

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



Sec. 5.41  Emergencies.

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

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



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

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

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



Sec. 5.45  Return of facility.

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

[[Page 56]]

the vessel have been accepted under emergent conditions, any claim for 
lost equipment or stores must be supported by invoices showing the date 
of purchase and the cost thereof by the person submitting claim 
therefor. The representative of the Coast Guard shall take all proper 
precautions to protect the interest of the owner as well as that of the 
United States.



Sec. 5.47  Auxiliary ensign.

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

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



Sec. 5.48  Auxiliary Patrol Boat ensign.

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

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



Sec. 5.49  Reimbursement for expenses.

    Any person whose facility has been offered to and accepted by the 
Coast Guard may be reimbursed for the actual necessary expenses of 
operating that facility, in accordance with applicable statutes and the 
procedures prescribed by the Commandant.

[USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 5.55  Compensation.

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



Sec. 5.57  Traveling expenses and per diem.

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

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



Sec. 5.59  Medical treatment and hospitalization.

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



Sec. 5.61  Uniforms.

    Members of the Auxiliary may purchase from the Coast Guard at actual 
cost such uniforms as may be authorized by the Sec. etary. Such uniforms

[[Page 57]]

may be worn by members of the Auxiliary under such circumstances and 
upon such occasions as may be authorized by the Commandant.



Sec. 5.63  Insignia.

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



Sec. 5.65  Medals.

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



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

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

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

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



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




                        Subpart 6.01_Definitions

Sec. 
6.01-1 Commandant.
6.01-2 District Commander.
6.01-3 Captain of the Port.
6.01-4 Waterfront facility.
6.01-5 Sec. rity zone.
6.01-6 Area Commander.

                     Subpart 6.04_General Provisions

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

 Subpart 6.10_Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities

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

 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo

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

   Subpart 6.14_Sec. rity of Waterfront Facilities and Vessels in Port

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

              Subpart 6.16_Sabotage and Subversive Activity

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

                         Subpart 6.18_Penalties

6.18-1 Violations.

   Subpart 6.19_Responsibility for Sec. rity of Vessels and Waterfront 
                               Facilities

6.19-1 Primary responsibility.

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

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

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



                        Subpart 6.01_Definitions



Sec. 6.01-1  Commandant.

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

[[Page 58]]



Sec. 6.01-2  District Commander.

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



Sec. 6.01-3  Captain of the Port.

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

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



Sec. 6.01-4  Waterfront facility.

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

[EO 13143, 64 FR 68273, Dec. 6, 1999]



Sec. 6.01-5  Sec. rity zone.

    Sec. rity zone as used in this part, means all areas of land, water, 
or land and water, which are so designated by the Captain of the Port 
for such time as he deems necessary to prevent damage or injury to any 
vessel or waterfront facility, to safeguard ports, harbors, territories, 
or waters of the United States or to secure the observance of the rights 
and obligations of the United States.

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



Sec. 6.01-6  Area Commander.

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

[EO 13273, 67 FR 56215, Sept. 3, 2002]



                     Subpart 6.04_General Provisions



Sec. 6.04-1  Enforcement.

    (a) The rules and regulations in this part shall be enforced by the 
Captain of the Port under the supervision and general direction of the 
District Commander, Area Commander, and the Commandant. All authority 
and power vested in the Captain of the Port by the regulations in this 
part shall be deemed vested in and may be exercised by the District 
Commander, Area Commander, and the Commandant.
    (b) The rules and regulations in this part may be enforced by any 
other officer or petty officer of the Coast Guard designated by the 
District Commander, Area Commander, or the Commandant.
    (c) Any authority or power under this part vested in, delegated to, 
or exercised by a member of the Coast Guard shall be subject to the 
direction of the Sec. etary of the Department in which the Coast Guard is 
operating.

[EO 13273, 67 FR 56215, Sept. 3, 2002]



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

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

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



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

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

[[Page 59]]

take or place any article or thing upon any waterfront facility in any 
such zone without such permission.

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



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

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

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



Sec. 6.04-8  Possession and control of vessels.

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



Sec. 6.04-11  Assistance of other agencies.

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



 Subpart 6.10_Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities



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

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

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



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

    Any person on board any vessel or any person seeking access to any 
vessel or any waterfront facility within the jurisdiction of the United 
States may be required to carry identification credentials issued by or 
otherwise satisfactory to the Commandant. The Commandant may define and 
designate those categories of vessels and areas of the waterfront 
wherein such credentials are required.



Sec. 6.10-7  Identification credentials.

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

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

[[Page 60]]



Sec. 6.10-9  Appeals.

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



 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo



Sec. 6.12-1  General supervision and control.

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

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



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

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



   Subpart 6.14_Sec. rity of Waterfront Facilities and Vessels in Port



Sec. 6.14-1  Safety measures.

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

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



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

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

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

[[Page 61]]



              Subpart 6.16_Sabotage and Subversive Activity



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

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



Sec. 6.16-3  Precautions against sabotage.

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



                         Subpart 6.18_Penalties



Sec. 6.18-1  Violations.

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

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



   Subpart 6.19_Responsibility for Sec. rity of Vessels and Waterfront 
                               Facilities



Sec. 6.19-1  Primary responsibility.

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

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



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




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

    Authority: 14 U.S.C. 633.

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



Sec. 8.1  Functions of the Coast Guard Reserve.

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

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



Sec. 8.3  Organization of the Coast Guard Reserve.

    (a) The Coast Guard Reserve is organized, trained and equipped under 
the direction of the Commandant.
    (b) The Director of Reserve and Training is responsible for the 
overall

[[Page 62]]

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

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



Sec. 8.5  Regulations for the Coast Guard Reserve.

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

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



Sec. 8.7  Information.

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

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



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




  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures

Sec. 
13.01-1 General.
13.01-5 Gold and Silver Lifesaving Medals.
13.01-10 Gold and silver bars.
13.01-15 Applications and recommendations.
13.01-20 Definitions.
13.01-25 Description of Gold Lifesaving Medal.
13.01-30 Description of Silver Lifesaving Medal.
13.01-35 Description of gold and silver bars.
13.01-40 Miniature medals and bars.
13.01-45 Replacement of medals and bars.

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

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



  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures



Sec. 13.01-1  General.

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



Sec. 13.01-5  Gold and Silver Lifesaving Medals.

    Lifesaving Medals may be awarded to any person who rescues or 
endeavors to

[[Page 63]]

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



Sec. 13.01-10  Gold and silver bars.

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



Sec. 13.01-15  Applications and recommendations.

    (a) All administrative details pertaining to the award of Lifesaving 
Medals are under the jurisdiction of the Commandant. Applications and 
recommendations for the award of a Lifesaving Medal may be filed by or 
in behalf of the person making or attempting a rescue under 
circumstances contemplated by the regulations in this subpart. 
Applications or recommendations for award of medals or requests for 
information pertaining thereto should be addressed to the Commander of 
the Coast Guard District, hereinafter called the District Commander, 
where the incident took place. (See part 3 of this subchapter for 
descriptions of Coast Guard Districts.) If the District is unknown, or 
if the incident took place outside any such district, applications and 
recommendations should be addressed to the Commandant, U.S. Coast Guard, 
Washington, D.C. 20593.
    (b) Completed applications must include:
    (1) Satisfactory evidence of the services performed, in the form of 
affidavits, made by eyewitnesses of good repute and standing testifying 
of their own knowledge. The opinion of witnesses that the person for 
whom an award is sought imperiled his or her own life or made signal 
exertions is not sufficient but the affidavits must set forth in detail 
all facts and occurrences tending to show clearly in what manner and to 
what extent life was risked or signal exertions made so that the 
Commandant may judge for himself as to the degree of merit involved.
    (2) The precise locality of the rescue or attempted rescue, whether 
from waters within the United States or subject to the jurisdiction 
thereof, or if the rescue or attempted rescue is outside such waters, 
whether one or the other of the parties is a citizen of the United 
States, or from a vessel or aircraft owned or operated by citizens of 
the United States, shall be stated. The date, time of day, nature of the 
weather, condition of the water, the names of all persons present when 
practicable, the names of all persons rendering assistance, and all 
pertinent circumstances and data, showing the precise nature and degree 
of risk involved, should be stated.
    (c) Recommendations must include:
    (1) As much of the information indicated in paragraphs (b) (1) and 
(2) of this section which is available to the person making the 
recommendation. Upon receipt the Commandant or the cognizant District 
Commander shall cause such recommendation to be referred to an 
investigating officer who shall cause to be developed such additional 
information and evidence as is deemed necessary to either (i) terminate 
the investigation as containing insufficient justification to continue

[[Page 64]]

further, or (ii) to complete the application for submission to the 
Commandant for his final determination.
    (d) Either the Commandant or the District Commander may, without any 
application or recommendation, of his own motion, order an informal 
investigation into such an incident under Chapter II, of the Coast Guard 
Supplement to the Manual for Courts-Martial (CG-241).
    (e) Affidavits required by this subpart shall be made before an 
officer duly authorized to administer oaths and if taken before an 
officer without an official seal, his official character must be 
certified by the proper officer of a court of record, under the seal 
thereof, unless the oath be taken before an officer of the Armed Forces 
authorized to administer oaths under the provisions of Article 136, UCMJ 
(10 U.S.C. 936).
    (f) Cognizant District Commanders shall act upon all applications 
and recommendations submitted to them from whatever source and shall:
    (1) Forward completed applications with his recommendations to the 
Commandant for his consideration and determination; or,
    (2) Inform the applicant or the person submitting the recommendation 
that he considers such application or recommendation incomplete together 
with the reasons therefor and that a period of 90 days will be allowed 
for additional evidence to be provided upon the expiration of which he 
will file the application or recommendation without further action.
    (g) Whenever the cognizant District Commander shall deem such action 
necessary, he may require that the aforementioned affidavits shall be 
accompanied by a certificate showing the affiants to be credible 
persons, certified by some U.S. Officer, such as a judge or clerk of a 
U.S. Court, district attorney, collector of customs, postmaster, or 
officer of the Armed Forces. If the affiant is a citizen or resident of 
a foreign country and if the affidavit is executed in such foreign 
country, the credibility certificate may be executed by an officer of 
such foreign country, who occupies an official position similar to the 
aforementioned U.S. officers.
    (h) The decision of the Commandant on all applications, 
recommendations, and investigations for the Gold or Silver Lifesaving 
Medals shall be final.



Sec. 13.01-20  Definitions.

    As used in the statutes cited and in the regulations in this 
subpart:
    (a) ``Peril of the water'' includes all perils on water caused by, 
or which are such by reason of, the sea or bodies of water such as 
lakes, bays, sounds and rivers; whenever, wherever and in whatever way 
human life is directly imperiled by the sea or a body of water is a 
peril of the water.
    (b) A ``shipwreck'' includes an incident threatening persons whose 
lives are endangered by perils of the water as well as those who are, 
strictly speaking, no longer in danger from the sea or a body of water, 
that peril already having passed, but who are in imminent danger and in 
great need of succor or rescue, as e.g., being adrift in an open boat or 
stranded on some barren coast where, without succor or rescue, they 
would die of starvation, thirst, or exposure.
    (c) ``Waters within the United States or subject to the jurisdiction 
thereof,'' embrace all waters within the United States, and any other 
waters over which the United States exercises jurisdiction.



Sec. 13.01-25  Description of Gold Lifesaving Medal.

    (a) The Gold Lifesaving Medal is 99.9 percent pure gold and consists 
of a pendant suspended by a swivel from the head of an eagle attached to 
a silk grogram ribbon 1 and \3/8\ths inches in width, composed of a \3/
16\ths of an inch red stripe, a \1/32\d of an inch white stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of an inch white stripe, and a 
\3/16\ths of an inch red stripe. The pendant is 1 and \7/16\ths inches 
in diameter and \3/32\ds of an inch in thickness. There appear, on the 
obverse side of the pendant, three men in a boat in a heavy sea; one is 
rescuing a person clinging to a spar at the end of which is a block and 
line; another is standing, prepared to heave a line; a third is rowing; 
in the distance, to the left, is the wreck of a vessel; the whole is 
encircled by the words: ``United States of America'', in

[[Page 65]]

the upper half, and ``Act of Congress, August 4, 1949'', in the lower 
half. On the reverse side of the pendant there appears, in the center a 
monument surmounted by an American eagle; the figure of a woman stands, 
to the left, holding in her left hand an oak wreath, and with her right 
hand, preparing to inscribe the name of the recipient on the monument; 
to the right are grouped a mast, a yard with a sail, an anchor, a 
sextant, and a laurel branch; the whole is encircled by the words: ``In 
testimony of heroic deeds in saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the ``monument'', on the reverse of the medal.



Sec. 13.01-30  Description of Silver Lifesaving Medal.

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



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

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



Sec. 13.01-40  Miniature medals and bars.

    (a) Miniature Gold and Silver Lifesaving Medals and bars are 
replicas of the Lifesaving Medals and bars, to be worn on civilian 
clothing. Such miniatures are not furnished by the Government.
    (b) Miniature medals and bars may procured from sources authorized 
by the Commandant, U.S. Coast Guard, to furnish same to persons who 
produce original documentary evidence of having been awarded the medal 
or bar for which a miniature replica is desired.



Sec. 13.01-45  Replacement of medals and bars.

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



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




                    Subpart 17.01_General Provisions

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

                      Subpart 17.05_Administration

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


[[Page 66]]


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



                    Subpart 17.01_General Provisions



Sec. 17.01-1  Basis and purpose.

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

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



Sec. 17.01-10  Authority to receive gifts.

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

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



                      Subpart 17.05_Administration



Sec. 17.05-1  Gifts.

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

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



Sec. 17.05-5  Acceptance and disbursement of gifts.

    (a) The immediate receiving person shall give a proper receipt on 
the proper form used by the United States Coast Guard to acknowledge 
receipt of collections to the donor of a gift or bequest of money or for 
the proceeds from a sale of property received as a gift or devise.
    (b) Gifts or bequests of money, or the proceeds from sales of 
property received as gifts or devises shall be deposited in the Treasury 
of the United States under symbol and title ``20X8533--United States 
Coast Guard, General Gift Fund.'' Funds so deposited shall be subject to 
disbursement by or at the direction of the Commandant, United States 
Coast Guard, for the benefit or use of the designated school, hospital, 
library, museum, chapel, or other institution or organization under the 
jurisdiction of the United States Coast Guard subject to the terms of 
the particular gift, devise, or bequest.
    (c) 10 U.S.C. 2601(c) states that any gift, devise, or bequest of 
property, real or personal, accepted under these provisions shall be 
deemed to be a gift, devise, or bequest to or for the use of the United 
States for the purpose of Federal income, estate, and gift taxes.

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



Sec. 17.05-10  Instructions for administration.

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

[[Page 67]]

the terms and conditions of any particular gift, devise, or bequest.

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



PART 19_WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS \1\--Table of Contents



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

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

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

    Authority: Sec. 1, 64 Stat. 1120, Sec. 6(b)(1), 80 Stat. 937; 46 
U.S.C. note prec. 1, 49 U.S.C. 108; Department of Homeland Sec. rity 
Delegation No. 0170.1.



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

    (a) It is hereby found necessary in the interest of national defense 
to waive compliance with the navigation and vessel inspection laws 
administered by the Coast Guard, as well as the regulations issued 
thereunder and contained in 46 CFR Chapter I or in this chapter, to the 
extent and in the manner and upon the terms and conditions as set forth 
in this section.
    (b) An application requesting that a waiver be made effective with 
respect to a particular vessel may be made by any authorized 
representative of an agency of the United States Government or any other 
interested person (including the master, agent, or owner of the vessel 
involved). Except as provided in paragraph (d) of this section, the 
application shall be in writing. The application shall be delivered to 
the Coast Guard District Commander or to his designated representative 
at the port or place where the vessel is located. In the case of a 
vessel in any port or place of the Canal Zone or in any foreign port or 
place, the application shall be made to the designated representative of 
the Commandant at such port or place, or if the Coast Guard has not 
established facilities in such port or place, to the nearest designated 
representative of the Commandant at a port or place where such 
facilities have been established. Every application shall contain a 
statement of the particular provisions of law with respect to which 
waiver of compliance is requested, a certification that the waiver of 
compliance with such laws with respect to the vessel involved is 
necessary in the interest of national defense and, an outline of the 
facts upon which such certification is based. The Coast Guard District 
Commander (or his designated representative or the designated 
representative of the Commandant, as the case may be) shall promptly 
examine every application for the purpose of determining whether the 
necessity for prompt action is such as to require that the waiver be 
made effective by him without reference to the Commandant. In any case 
in which it appears to the Coast Guard officer concerned that reference 
of the application to the Commandant for action would not delay the 
sailing of the vessel or otherwise be contrary to the interest of 
national defense, the application shall be so referred. In all other 
cases such Coast Guard officer shall give immediate consideration to the 
application and if he reaches the conclusion that the urgency of the 
situation outweighs the marine hazard involved, then such waiver shall 
be made effective in regard to such vessel to the extent and under the 
circumstances specified by him.
    (c) The Coast Guard officer making such a waiver effective pursuant 
to paragraph (b) of this section shall immediately prepare, in 
triplicate, an order setting forth the name of the vessel involved, the 
laws (also regulations, if any) with respect to which the waiver is 
effective, the extent to which compliance with such laws (also 
regulations, if any) is waived, and the period for which the waiver 
shall be effective. If practicable, one copy of this order shall be 
delivered to the master of the vessel involved before such vessel sails. 
In any case where the order is not delivered to the master, it shall be 
delivered to the owner, operator, or

[[Page 68]]

agent of the vessel without delay. One copy of the order shall be 
transmitted to the Commandant and the remaining copy kept on file.
    (d) In any case of extreme urgency the application for a waiver may 
be made orally and if the Coast Guard District Commander (or his 
designated representative or the designated representative of the 
Commandant, as the case may be) reaches the conclusion referred to in 
paragraph (b) of this section, the waiver shall be made effective 
without further delay, subject to the condition that the application be 
reduced to writing and delivered within such period after the date of 
the oral request as the Coast Guard officer making the waiver effective 
shall specify in the order.
    (e) No penalty shall be imposed because of failure to comply with 
any provision of law (or regulation, if any), the waiver of which has 
been made effective pursuant to the requirements in this section.

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



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

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

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



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

    (a) Pursuant to the request of the Deputy Sec. etary of Defense, 
dated August 6, 1958, and to the request of the Assistant Sec. etary of 
Defense, Installations and Logistics, dated May 23, 1964, made under the 
provisions of section 1 of Pub. L. 891, 81st Congress, approved December 
27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their 
findings that a waiver is necessary in the interest of national defense, 
compliance with the provisions of the navigation and vessel inspection 
laws administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in 33 CFR Chapter I, or in 
this chapter, is hereby waived to the extent and upon the terms and 
conditions as set forth in this section, in order to permit vessels 
operated by or chartered to the Military Sealift Command to carry out 
their assigned missions.
    (b) An application requesting that this waiver be made effective 
with respect to a particular vessel may be made by the Commander, 
Military Sealift Command, or any one of his duly designated 
representatives. Except as provided in paragraph (e) of this section, 
the application shall be in writing. The application shall be delivered 
to the Coast Guard District Commander or to his designated 
representative at the port or place where the vessel is located. In the 
case of a vessel in any foreign port or place, the application shall be 
made to the designated representative of the Commandant at such port or 
place, or if the Coast Guard has not established facilities in such port 
or place, to the nearest designated representative of the Commandant at 
a port or place where such facilities have been established, or to the 
Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every 
application shall:
    (1) Describe the laws and/or regulations by appropriate references 
and/or subjects with respect to which the waiver of compliance is 
desired;
    (2) Contain a certification that the waiver of compliance with such 
laws and/or regulations with respect to the vessel involved is necessary 
in the interest of national defense and is necessary for the Military 
Sealift Command to carry out an assigned mission;
    (3) The name and official number of the vessel involved (including 
the names of master, agent, and owner of the vessel involved); and
    (4) For how long the waiver is needed.
    (c) The Coast Guard officer making the waiver in paragraph (a) of 
this section effective for a particular vessel

[[Page 69]]

shall immediately prepare, in quadruplicate, an order setting forth:
    (1) The name and official number of the vessel involved;
    (2) The laws and/or regulations with respect to which the waiver is 
effective;
    (3) The extent to which compliance with such laws and/or regulations 
is waived; and
    (4) The period for which the waiver shall be effective.
    (d) If practicable, one copy of this waiver order shall be delivered 
to the master of the vessel involved before such vessel sails. In any 
case where the waiver order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the waiver order shall be delivered to the Commander, 
Military Sealift Command, or his duly designated representative, who 
submitted the application. One copy of the waiver order shall be 
transmitted to the Commandant (G-MOC) and the remaining copy kept on 
file.
    (e) In any case of extreme urgency, the application for a waiver 
order may be made orally and if the Coast Guard District Commander (or 
his designated representative, or the designated representative of the 
Commandant, or the Commandant, as the case may be), determines that the 
conditions in this section have been met, the waiver order shall be made 
effective without further delay, subject to the condition that the 
application be reduced to writing and delivered within such period after 
the date of the oral request as the Coast Guard officer making the 
waiver effective shall specify in the confirming written waiver order.
    (f) No penalty shall be imposed because of failure to comply with 
any provision of law and/or regulation, the waiver of which has been 
made effective pursuant to the requirements of this section.
    (g) This waiver order shall remain in effect until terminated by 
proper authority and notice of cancellation is published in the Federal 
Register.

[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2004-
18057, 69 FR 34925, June 23, 2004]



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

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

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

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



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

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

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

[[Page 70]]



PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 
ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents




                            Subpart A_General

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

                   Subpart B_Administrative Law Judges

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

                     Subpart C_Pleadings and Motions

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

                          Subpart D_Proceedings

20.401 Initiation of administrative proceedings.
20.402 Public notice.
20.403 Consolidation and severance.
20.404 Interested persons.

                  Subpart E_Conferences and Settlements

20.501 Conferences.
20.502 Settlements.

                           Subpart F_Discovery

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

                           Subpart G_Hearings

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

                           Subpart H_Evidence

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

                           Subpart I_Decisions

20.901 Summary decisions.
20.902 Decisions of the ALJ.
20.903 Records of proceedings.
20.904 Reopening.

                            Subpart J_Appeals

20.1001 General.
20.1002 Records on appeal.
20.1003 Procedures for appeal.
20.1004 Decisions on appeal.

  Subpart K_Finality, Petitions for Hearing, and Availability of Orders

20.1101 Finality.
20.1102 Petitions to set aside decisions and provide hearings for civil 
          penalty proceedings.
20.1103 Availability of decisions.

                      Subpart L_Expedited Hearings

20.1201 Application.
20.1202 Filing of pleadings.
20.1203 Commencement of expedited hearings.
20.1205 Motion for return of temporarily suspended license, certificate 
          of registry, or document.
20.1206 Discontinuance of expedited hearings.
20.1207 Pre-hearing conferences.
20.1208 Expedited hearings.

[[Page 71]]

20.1209 Appeals of ALJ's decisions.

Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings

20.1301 Purpose.
20.1303 Authentication and certification of extracts from shipping 
          articles, logbooks, and the like.
20.1305 Admissibility and weight of entries from logbooks.
20.1307 Use of judgments of conviction.
20.1309 Admissibility of respondents' criminal records and records with 
          the Coast Guard before entry of findings and conclusions.
20.1311 Admissions by respondent.
20.1313 Medical examination of respondents.
20.1315 Submission of prior records and evidence in aggravation or 
          mitigation.

    Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; 49 
CFR 1.46.

    Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 20.101  Scope.

    Except as otherwise noted, the rules of practice, procedure, and 
evidence in this part apply to the following subjects of administrative 
proceedings before the United States Coast Guard:
    (a) Class II civil penalties assessed under subsection 311(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)).
    (b) Class II civil penalties assessed under section 109 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9609(b)).
    (c) Suspensions and revocations conducted under 46 U.S.C. Chapter 
77.



Sec. 20.102  Definitions.

    Administrative Law Judge or ALJ means any person designated by the 
Commandant under paragraph 556(b)(3) of the Administrative Procedure Act 
(APA) (5 U.S.C. 556(b)(3)) to conduct hearings arising under 33 U.S.C. 
1321(b); 42 U.S.C. 9609(b); or 46 U.S.C. Chapter 77.
    Chief Administrative Law Judge or Chief ALJ means the Administrative 
Law Judge appointed as the Chief Administrative Law Judge of the Coast 
Guard by the Commandant.
    Class II Civil penalty proceeding means a trial-type proceeding for 
the assessment of a civil penalty that affords an opportunity for an 
oral, fact-finding hearing before an ALJ.
    Coast Guard Representative means an official of the Coast Guard 
designated to prosecute an administrative proceeding.
    Commandant means the Commandant of the Coast Guard. It includes the 
Vice-Commandant of the Coast Guard acting on behalf of the Commandant in 
any matter.
    Complaint means a document issued by a Coast Guard representative 
alleging a violation for which a penalty may be administratively 
assessed under 33 U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a merchant 
mariner's license, certificate of registry, or document suspended or 
revoked under 46 U.S.C. 7703 or 7704.
    Hearing Docket Clerk means an employee of the Office of the Chief 
ALJ who is responsible for receiving documents, determining their 
completeness and legibility, and distributing them to ALJs and others, 
as required by this part.
    Interested person means a person who, as allowed in Sec. 20.404, 
files written comments on a proposed assessment of a class II civil 
penalty or files written notice of intent to present evidence in any 
such hearing held on the proposed assessment.
    Mail means first-class, certified, or registered matter sent by the 
Postal Service, or matter sent by an express-courier service.
    Motion means a request for an order or ruling from an ALJ.
    Party means a respondent or the Coast Guard.
    Person means an individual, a partnership, a corporation, an 
association, a public or private organization, or a governmental agency.
    Personal delivery means delivery by hand or in person, or through 
use of a contract service or an express-courier service. It does not 
include use of governmental interoffice mail.
    Pleading means a complaint, an answer, and any amendment to such 
document permitted under this part.
    Respondent means a person charged with a violation in a complaint 
issued under this part.

[[Page 72]]

    Suspension and revocation proceeding or S&R proceeding means a 
trial-type proceeding for the suspension or revocation of a merchant 
mariner's license, certificate of registry, or document issued by the 
Coast Guard that affords an opportunity for an oral, fact-finding 
hearing before an ALJ.



Sec. 20.103  Construction and waiver of rules.

    (a) Each person with a duty to construe the rules in this part in an 
administrative proceeding shall construe them so as to secure a just, 
speedy, and inexpensive determination.
    (b) Except to the extent that a waiver would be contrary to law, the 
Commandant, the Chief ALJ, or a presiding ALJ may, after notice, waive 
any of the rules in this part either to prevent undue hardship or 
manifest injustice or to secure a just, speedy, and inexpensive 
determination.
    (c) Absent a specific provision in this part, the Federal Rules of 
Civil Procedure control.



                   Subpart B_Administrative Law Judges



Sec. 20.201  Assignment.

    An ALJ, assigned by the Chief ALJ after receipt of the complaint, 
shall preside over each administrative proceeding under this part.



Sec. 20.202  Powers.

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



Sec. 20.203  Unavailability.

    (a) If an ALJ cannot perform the duties described in Sec. 20.202 or 
otherwise becomes unavailable, the Chief ALJ shall designate a 
successor.
    (b) If a hearing has commenced and the assigned ALJ cannot proceed 
with it, a successor ALJ may. The successor ALJ may, at the request of a 
party, recall any witness whose testimony is material and disputed, and 
who is available to testify again without undue burden. The successor 
ALJ may, within his or her discretion, recall any other witness.



Sec. 20.204  Withdrawal or disqualification.

    (a) An ALJ may disqualify herself or himself at any time.
    (b) Until the filing of the ALJ's decision, either party may move 
that the ALJ disqualify herself or himself for personal bias or other 
valid cause. The party shall file with the ALJ, promptly upon discovery 
of the facts or other reasons allegedly constituting cause, an affidavit 
setting forth in detail the reasons.
    (1) The ALJ shall rule upon the motion, stating the grounds for the 
ruling. If the ALJ concludes that the motion is timely and meritorious, 
she or he shall disqualify herself or himself and withdraw from the 
proceeding. If the ALJ does not disqualify herself or himself and 
withdraw from the proceeding, the ALJ shall carry on with the 
proceeding, or, if a hearing has concluded, issue a decision.
    (2) If an ALJ denies a motion to disqualify herself or himself, the 
moving party may, according to the procedures in subpart J of this part, 
appeal to the Commandant once the hearing has concluded. When that party 
does appeal, the ALJ shall forward the motion, the affidavit, and 
supporting evidence to the Commandant along with the ruling.



Sec. 20.205  Ex parte communications.

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

[[Page 73]]



Sec. 20.206  Separation of functions.

    (a) No ALJ may be responsible to, or supervised or directed by, an 
officer, employee, or agent who investigates for or represents the Coast 
Guard.
    (b) No officer, employee, or agent of the Coast Guard who 
investigates for or represents the Coast Guard in connection with any 
administrative proceeding may, in that proceeding or one factually 
related, participate or advise in the decision of the ALJ or of the 
Commandant in an appeal, except as a witness or counsel in the 
proceeding or the appeal.



                     Subpart C_Pleadings and Motions



Sec. 20.301  Representation.

    (a) A party may appear--
    (1) Without counsel;
    (2) With an attorney; or
    (3) With other duly authorized representative.
    (b) Any attorney, or any other duly authorized representative, shall 
file a notice of appearance. The notice must indicate--
    (1) The name of the case, including docket number if assigned;
    (2) The person on whose behalf the appearance is made; and
    (3) The person's and the representative's mailing addresses and 
telephone numbers.
    (c) Any attorney or other duly authorized representative shall also 
file a notice, including the items listed in paragraph (a) of this 
section, for any withdrawal of appearance.
    (d) Any attorney shall be a member in good standing of the bar of 
the highest court of a State, the District of Columbia, or any territory 
or commonwealth of the United States. A personal representation of 
membership is sufficient proof, unless the ALJ orders more evidence.
    (e) Any person who would act as a duly authorized representative and 
who is not an attorney shall file a statement setting forth the basis of 
his or her authority to so act. The ALJ may deny appearance as 
representative to any person who, the ALJ finds, lacks the requisite 
character, integrity, or proper personal conduct.



Sec. 20.302  Filing of documents and other materials.

    (a) The proper address at which to file all documents and other 
materials relating to an administrative proceeding is: U.S. Coast Guard 
Administrative Law Judge Docketing Center; Attention: Hearing Docket 
Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022.
    (b) The telephone number is: 410-962-5100.
    (c) The fax number is: 410-962-1746.
    (d) The appropriate party shall file with the Hearing Docket Clerk 
an executed original of each document (including any exhibit and 
supporting affidavit).
    (e) A party may file by mail or personal delivery. The ALJ or the 
Hearing Docket Clerk may permit other methods, such as fax or other 
electronic means.
    (f) When the Hearing Docket Clerk determines that a document, or 
other material, offered for filing does not comply with requirements of 
this part, the Clerk will accept it, and may advise the person offering 
it of the defect, and require that person to correct the defect. If the 
defect is failure to serve copies on other parties, the parties' 
response period begins when properly served.



Sec. 20.303  Form and content of filed documents.

    (a) Each filed document must clearly--
    (1) State the title of the case;
    (2) State the docket number of the case, if one has been assigned;
    (3) Designate the type of filing (for instance: petition, notice, or 
motion to dismiss);
    (4) Identify the filing party by name and capacity acted in; and
    (5) State the address, telephone number, and any fax number of the 
filing party and, if that party is represented, the name, address, 
telephone number, and any fax number of the representative.
    (b) Each filed document must--
    (1) Measure 8\1/2\ by 11 inches, except that a table, chart, or 
other attachment may be larger if folded to the size of the filed 
document to which it is physically attached;

[[Page 74]]

    (2) Be printed on just one side of the page and be clearly 
typewritten, printed, or otherwise reproduced by a process that yields 
legible and permanent copies;
    (3) Be double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (4) Have a left margin of at least 1\1/2\ inches and other margins 
of at least 1 inch; and
    (5) Be bound on the left side, if bound.
    (c) Each filed document must be in English or, if in another 
language, accompanied by a certified translation. The original of each 
filed document must be signed by the filing party or her or his 
representative. Unless the rules in this part or the ALJ requires it to 
be verified or accompanied by an affidavit, no filed document need be. 
The signature constitutes a certification by the signer that she or he 
has read the document; that, to the best of her or his knowledge, 
information, and belief, the statements made in it are true; and that 
she or he does not intend it to cause delay.
    (d) Complaints, answers, and simple motions may employ forms 
approved for use in proceedings of the Coast Guard instead of the format 
set out in this section.



Sec. 20.304  Service of documents.

    (a) The ALJ shall serve upon each party to the proceeding a copy of 
each document issued by the ALJ in it. The ALJ shall serve upon each 
interested person, as determined under Sec. 20.404, a copy of the 
notice of hearing. Unless this part provides otherwise, the ALJ shall 
upon request furnish to each such interested person a copy of each 
document filed with the Hearing Docket Clerk or issued by the ALJ.
    (b) Unless the ALJ orders otherwise, each person filing a document 
with the Hearing Docket Clerk shall serve upon each party a copy of it.
    (c) If a party filing a document must serve a copy of it upon each 
party, each copy must bear a certificate of service, signed by or on 
behalf of the filing party, stating that she or he has so served it. The 
certificate shall be in substantially the following form:

    I hereby certify that I have served the foregoing document[s] upon 
the following parties (or their designated representatives) to this 
proceeding at the addresses indicated by [specify the method]:

(1) [name, address of party]
(2) [name, address of party]
    Done at --------------------, this -------- day of ------------, 
19---- or 20----.
[Signature]

For

[Capacity].

    (d) This table describes how to serve filed documents.

              Table 20.304(D)--How To Serve Filed Documents
------------------------------------------------------------------------
                                                Acceptable methods of
          Type of filed document                       service
------------------------------------------------------------------------
(1) Complaint.............................  (i) Certified mail, return
                                             receipt requested.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service that has receipt
                                             capability.
(2) Default Motion........................  (i) Certified mail, return
                                             receipt requested.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service that has receipt
                                             capability.
(3) Answer................................  (i) Mail.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service.
                                            (iv) Fax.
(4) Any other filed document..............  (i) Mail.
                                            (ii) Personal delivery.
                                            (iii) Express-courier
                                             service.
                                            (iv) Fax.
                                            (v) Other electronic means
                                             (at the discretion of the
                                             ALJ).
------------------------------------------------------------------------

    (e)(1) Unless the ALJ orders otherwise, if a party files a document 
under Sec. 20.302, the party must serve a copy to the person indicated 
in this table.

                             Table 20.304(e)--Who Receives Copies of Filed Documents
----------------------------------------------------------------------------------------------------------------
                If a party--                                 Then the serving party must serve--
----------------------------------------------------------------------------------------------------------------
Is represented.............................  The counsel or other representative.
Is not represented.........................  The party.
----------------------------------------------------------------------------------------------------------------


[[Page 75]]

    (2) Service upon counsel or representative constitutes service upon 
the person to be served.
    (f) The serving party must send service copies to the address 
indicated in this table.

              Table 20.304(f)--Where To Send Service Copies
------------------------------------------------------------------------
                                           Then the serving party must
             If the party--                    send the copies to--
------------------------------------------------------------------------
Is represented.........................  The address of the counsel or
                                          representative.
Is not represented.....................  The last known address of the
                                          residence or principal place
                                          of business of the person to
                                          be served.
------------------------------------------------------------------------

    (g) This table describes when service of a filed document is 
complete.

                Table 20.304(g)--When Service Is Complete
------------------------------------------------------------------------
If method of service used is--     Then service is complete when the
                                             document is--
------------------------------------------------------------------------
(1) Personal delivery          (i) Handed to the person to be served.
 (Complaint or Default         (ii) Delivered to the person's office
 Motion).                       during business hours.
                               (iii) Delivered to the person's residence
                                and service made to a person of suitable
                                age and discretion residing at the
                                individual's residence.
(2) Personal delivery (all     (i) Handed to the person to be served.
 other filed documents).       (ii) Delivered to the person's office
                                during business hours.
                               (iii) Delivered to the person's residence
                                and deposited in a conspicuous place.
(3) Certified Mail or express- (i) Delivered to the person's residence
 courier (Complaint or          and signed for by a person of suitable
 Default Motion).               age and discretion residing at the
                                individual's residence.
                               (ii) Delivered to the person's office
                                during business hours and signed for by
                                a person of suitable age and discretion.
(4) Mail or express-courier    (i) Mailed (postmarked).
 service (all other filed      (ii) Deposited with express-courier
 documents).                    service.
(5) Fax or other electronic    Transmitted.
 means.
------------------------------------------------------------------------

    (h) If a person refuses to accept delivery of any document or fails 
to claim a properly addressed document other than a complaint sent under 
this subpart, the Coast Guard considers the document served anyway. 
Service is valid at the date and the time of mailing, of deposit with a 
contract service or express-courier service, or of refusal to accept 
delivery.

[CGD 98-3472, 64 FR 28062, May 24, 1999; 64 FR 34540, June 28, 1999, as 
amended by USCG-2000-7223, 65 FR 40054, June 29, 2000]



Sec. 20.305  Amendment or supplementation of filed documents.

    (a) Each party or interested person shall amend or supplement a 
previously filed pleading or other document if she or he learns of a 
material change that may affect the outcome of the administrative 
proceeding. However, no amendment or supplement may broaden the issues 
without an opportunity for any other party or interested person both to 
reply to it and to prepare for the broadened issues.
    (b) The ALJ may allow other amendments or supplements to previously 
filed pleadings or other documents.
    (c) Each party or interested person shall notify the Hearing Docket 
Clerk, the ALJ, and every other party or interested person, or her or 
his representative, of any change of address.



Sec. 20.306  Computation of time.

    (a) We compute time periods as follows:
    (1) We do not include the first day of the period.
    (2) If the last day of the period is a Saturday, Sunday, or Federal 
holiday, we extend the period to the next business day.
    (3) If the period is 7 days or less, we do not include Saturdays, 
Sundays, or Federal holidays.
    (b) If you were served a document (by domestic mail) that requires 
or permits a response, you may add 3 days to any period for response.
    (c) If you need additional time to file a response, follow the rules 
in these tables.

[[Page 76]]

    (1) You may request an extension--

             Table 20.306(c)(1)--How to Request an Extension
------------------------------------------------------------------------
        If the response period--                       By--
------------------------------------------------------------------------
Has not expired........................  Telephone, letter, or motion.
Has expired............................  Only by motion describing why
                                          the failure to file was
                                          excusable.
------------------------------------------------------------------------

    (2) You file your request as follows:

         Table 20.306(c)(2)--Where to File an Extension Request
------------------------------------------------------------------------
                                         Then you file your request with
                  If--                                the--
------------------------------------------------------------------------
An ALJ has not been assigned...........  Hearing Docket Clerk.
An ALJ has been assigned...............  ALJ.
Your case is on appeal.................  Hearing Docket Clerk.
------------------------------------------------------------------------



Sec. 20.307  Complaints.

    (a) The complaint must set forth--
    (1) The type of case;
    (2) The statute or rule allegedly violated;
    (3) The pertinent facts alleged; and
    (4)(i) The amount of the class II civil penalty sought; or
    (ii) The order of suspension or revocation proposed.
    (b) The Coast Guard shall propose a place of hearing when filing the 
complaint.
    (c) The complaint must conform to the requirements of this subpart 
for filing and service.



Sec. 20.308  Answers.

    (a) The respondent shall file a written answer to the complaint 20 
days or less after service of the complaint. The answer must conform to 
the requirements of this subpart for filing and service.
    (b) The person filing the answer shall, in the answer, either agree 
to the place of hearing proposed in the complaint or propose an 
alternative.
    (c) Each answer must state whether the respondent intends to contest 
any of the allegations set forth in the complaint. It must include any 
affirmative defenses that the respondent intends to assert at the 
hearing. The answer must admit or deny each numbered paragraph of the 
complaint. If it states that the respondent lacks sufficient knowledge 
or information to admit or deny a particular numbered paragraph, it 
denies that paragraph. If it does not specifically deny a particular 
numbered paragraph, it admits that paragraph.
    (d) A respondent's failure without good cause to file an answer 
admits each allegation made in the complaint.



Sec. 20.309  Motions.

    (a) A person may apply for an order or ruling not specifically 
provided for in this subpart, but shall apply for it by motion. Each 
written motion must comply with the requirements of this subpart for 
form, filing, and service. Each motion must state clearly and 
concisely--
    (1) Its purpose, and the relief sought;
    (2) Any statutory or regulatory authority; and
    (3) The facts constituting the grounds for the relief sought.
    (b) A proposed order may accompany a motion.
    (c) Each motion must be in writing; except that one made at a 
hearing will be sufficient if stated orally upon the record, unless the 
ALJ directs that it be reduced to writing.
    (d) Except as otherwise required by this part, a party shall file 
any response to a written motion 10 days or less after service of the 
motion. When a party makes a motion at a hearing, an oral response to 
the motion made at the hearing is timely.
    (e) Unless the ALJ orders otherwise, the filing of a motion does not 
stay a proceeding.
    (f) The ALJ will rule on the record either orally or in writing. She 
or he

[[Page 77]]

may summarily deny any dilatory, repetitive, or frivolous motion.



Sec. 20.310  Default by respondent.

    (a) The ALJ may find a respondent in default upon failure to file a 
timely answer to the complaint or, after motion, upon failure to appear 
at a conference or hearing without good cause shown.
    (b) Each motion for default must conform to the rules of form, 
service, and filing of this subpart. Each motion must include a proposed 
decision and proof of service under section 20.304(d). The respondent 
alleged to be in default shall file a reply to the motion 20 days or 
less after service of the motion.
    (c) Default by respondent constitutes, for purposes of the pending 
action only, an admission of all facts alleged in the complaint and a 
waiver of her or his right to a hearing on those facts.
    (d) Upon finding a respondent in default, the ALJ shall issue a 
decision against her or him.
    (e) For good cause shown, the ALJ may set aside a finding of 
default.



Sec. 20.311  Withdrawal or dismissal.

    (a) An administrative proceeding may end in withdrawal without any 
act by an ALJ in any of the following ways:
    (1) By the filing of a stipulation by all parties who have appeared 
in the proceeding.
    (2) By the filing of a notice of withdrawal by the Coast Guard 
representative at any time before the respondent has served a responsive 
pleading.
    (3) With respect to a complaint filed under section 311(b)(6) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)) or section 
109(d) of the Comprehensive Environmental Response, Compensation and 
Liability Act (42 U.S.C. 9609(b)), by the filing of--
    (i) A notice of withdrawal by the Coast Guard representative at any 
time after the respondent has served a responsive pleading, but before 
the issuance of an order assessing or denying a class II civil penalty, 
together with
    (ii) A certification by the representative that the filing of the 
notice is due to a request by the Attorney General--in accordance with 
subsection 10(d) of Executive Order 12777 (56 FR 54757; 3 CFR, 1991 
Comp., p. 351)--that the Coast Guard refrain from conducting an 
administrative proceeding.
    (b) Unless the stipulation or notice of withdrawal states otherwise, 
a withdrawal under paragraph (a) of this section is without prejudice.
    (c) Except as provided in paragraph (a) of this section, no 
administrative proceeding may end in withdrawal unless approved by an 
ALJ upon such terms as she or he deems proper.
    (d) Any respondent may move to dismiss a complaint, the government 
may move to dismiss a petition, or any party may lodge a request for 
relief, for failure of another party to--
    (1) Comply with the requirements of this part or with any order of 
the ALJ;
    (2) Show a right to relief based upon the facts or law; or
    (3) Prosecute the proceeding.
    (e) A dismissal resides within the discretion of the ALJ.



                          Subpart D_Proceedings



Sec. 20.401  Initiation of administrative proceedings.

    An administrative proceeding commences when the Coast Guard 
representative files the complaint with the Hearing Docket Clerk and 
serves a copy of it on the respondent.



Sec. 20.402  Public notice.

    Upon the filing of a complaint under 33 U.S.C. 1321(b) (6), the 
Coast Guard provides public notice of a class II civil penalty 
proceeding. The notice appears in the Federal Register.



Sec. 20.403  Consolidation and severance.

    (a) A presiding ALJ may for good cause, with the approval of the 
Chief ALJ and with all parties given notice and opportunity to object, 
consolidate any matters at issue in two or more administrative 
proceedings docketed under this part. (Good cause includes the 
proceedings' possessing common parties, questions of fact, and issues of 
law and presenting the likelihood that consolidation would expedite the 
proceedings and serve the interests of justice.) The ALJ may not 
consolidate any matters if consolidation would prejudice any rights 
available under

[[Page 78]]

this part or impair the right of any party to place any matters at 
issue.
    (b) Unless directed otherwise by the Chief ALJ, a presiding ALJ may, 
either in response to a motion or on his or her own motion, for good 
cause, sever any administrative proceeding with respect to some or all 
parties, claims, and issues.



Sec. 20.404  Interested persons.

    (a) Any person not a party to a class II civil penalty proceeding 
under 33 U.S.C. 1321(b)(6) who wishes to be an interested person in the 
proceeding shall, 30 days or less after publication in the Federal 
Register of the public notice required by Sec. 20.402, file with the 
Hearing Docket Clerk either--
    (1) Written comments on the proceeding; or
    (2) Written notice of intent to present evidence at any hearing in 
the proceeding.
    (b) The presiding ALJ may, for good cause, accept late comments or 
late notice of intent to present evidence.
    (c) Each interested person shall receive notice of any hearing due 
in the proceeding and of the decision in the proceeding. He or she may 
have a reasonable opportunity to be heard and to present evidence in any 
hearing.
    (d) The opportunity secured by paragraph (c) of this section does 
not extend to--
    (1) The issuance of subpoenas for witnesses;
    (2) The cross-examination of witnesses; or
    (3) Appearance at any settlement conference.



                  Subpart E_Conferences and Settlements



Sec. 20.501  Conferences.

    (a) Any party may by motion request a conference.
    (b) The ALJ may direct the parties to attend one or more conferences 
before or during a hearing.
    (c) The ALJ may invite interested persons to attend a conference, 
other than a settlement conference, as the ALJ deems appropriate.
    (d) The ALJ shall give reasonable notice of the time and place of 
any conference to the parties, and to interested persons if invited. A 
conference may occur in person, by telephone, or by other appropriate 
means.
    (e) Each party, and any interested person invited, shall be fully 
prepared for a useful discussion of all issues properly before the 
conference, both procedural and substantive, and be authorized to commit 
themselves or those they represent respecting those issues.
    (f) Unless the ALJ excuses a party, the failure of a party to attend 
or participate in a conference, after being served with reasonable 
notice of its time and place, waives all objections to any agreements 
reached in it and to any consequent orders or rulings.
    (g) The ALJ may direct that any of the following be addressed or 
furnished before, during, or after the conference:
    (1) Methods of service and filing.
    (2) Motions for consolidation or severance of parties or issues.
    (3) Motions for discovery.
    (4) Identification, simplification, and clarification of the issues.
    (5) Requests for amendment of the pleadings.
    (6) Stipulations and admissions of fact and of the content and 
authenticity of documents.
    (7) The desirability of limiting and grouping witnesses, so as to 
avoid duplication.
    (8) Requests for official notice and particular matters to be 
resolved by reliance upon the substantive standards, rules, and other 
policies of the Coast Guard.
    (9) Offers of settlement.
    (10) Proposed date, time, and place of the hearing.
    (11) Other matters that may aid in the disposition of the 
proceeding.
    (h) No one may stenographically report or otherwise record a 
conference unless the ALJ allows.
    (i) During a conference, the ALJ may dispose of any procedural 
matters on which he or she is authorized to rule.
    (j) Actions taken at a conference may be memorialized in--
    (1) A stenographic report if authorized by the ALJ;
    (2) A written transcript from a magnetic tape or the equivalent if 
authorized by the ALJ; or

[[Page 79]]

    (3) A statement by the ALJ on the record at the hearing summarizing 
them.



Sec. 20.502  Settlements.

    (a) The parties may submit a proposed settlement to the ALJ.
    (b) The proposed settlement must be in the form of a proposed 
decision, accompanied by a motion for its entry. The decision must 
recite the reasons that make it acceptable, and it must be signed by the 
parties or their representatives.
    (c) The proposed decision must contain--
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of--
    (i) Any further procedural steps before the ALJ; and
    (ii) All rights to seek judicial review, or otherwise challenge or 
contest the validity, of the decision;
    (3) A statement that the decision will have the same force and 
effect as would a decision made after a hearing; and
    (4) A statement that the decision resolves all matters needing to be 
adjudicated.



                           Subpart F_Discovery



Sec. 20.601  General.

    (a) Unless the ALJ orders otherwise, each party--and each interested 
person who has filed written notice of intent to present evidence at any 
hearing in the proceeding under Sec. 20.404--shall make available to 
the ALJ and to every other party and interested person--
    (1) The name of each expert and other witness the party intends to 
call, together with a brief narrative summary of the expected testimony; 
and
    (2) A copy, marked as an exhibit, of each document the party intends 
to introduce into evidence or use in the presentation of its case.
    (b) During a pre-hearing conference ordered under Sec. 20.501, the 
ALJ may direct that the parties exchange witness lists and exhibits 
either at once or by correspondence.
    (c) The ALJ may establish a schedule for discovery and shall serve a 
copy of any such schedule on each party.
    (1) The schedule may include dates by which the parties shall both 
exchange witness lists and exhibits and file any requests for discovery 
and objections to such requests.
    (2) Unless the ALJ orders otherwise, the parties shall exchange 
witness lists and exhibits 15 days or more before hearing.
    (d) Further discovery may occur only by order, and then only when 
the ALJ determines that--
    (1) It will not unreasonably delay the proceeding;
    (2) The information sought is not otherwise obtainable;
    (3) The information sought has significant probative value;
    (4) The information sought is neither cumulative nor repetitious; 
and
    (5) The method or scope of the discovery is not unduly burdensome 
and is the least burdensome method available.
    (e) A motion for discovery must set forth--
    (1) The circumstances warranting the discovery;
    (2) The nature of the information sought; and
    (3) The proposed method and scope of discovery and the time and 
place where the discovery would occur.
    (f) If the ALJ determines that he or she should grant the motion, he 
or she shall issue an order for the discovery, together with the terms 
on which it will occur.



Sec. 20.602  Amendatory or supplementary responses.

    (a) Any party or interested person shall amend or supplement 
information previously provided upon learning that the information--
    (1) Was incorrect or incomplete when provided; or,
    (2) Though correct or complete when provided, no longer is.
    (b) The party or interested person shall amend or supplement that 
information by following the procedures in Sec. 20.305.



Sec. 20.603  Interrogatories.

    (a) Any party requesting interrogatories shall so move to the ALJ. 
The motion must include--

[[Page 80]]

    (1) A statement of the purpose and scope of the interrogatories; and
    (2) The proposed interrogatories.
    (b) The ALJ shall review the proposed interrogatories, and may enter 
an order either--
    (1) Approving the service of some or all of the proposed 
interrogatories; or
    (2) Denying the motion.
    (c) The party requesting interrogatories shall serve on the party 
named in the interrogatories the approved written interrogatories.
    (d) Each interrogatory must be answered separately and fully in 
writing under oath or affirmation, unless it is objected to, in which 
event the party named shall state the reasons for the objection instead 
of a response. This party, the party's attorney, or the party's 
representative shall sign the party's responses to interrogatories.
    (e) Responses or objections must be filed within 30 days after the 
service of the interrogatories.
    (f) A response to an interrogatory is sufficient when--
    (1) The responder lists the records from which such answers may be 
derived or ascertained; and
    (2) The burden of ascertaining the information in a response to an 
interrogatory is substantially the same for all parties involved in the 
action; and
    (3) The information may be obtained from an examination, audit, or 
inspection of records, or from a compilation, abstract, or summary based 
on such records.
    (g) The party serving the interrogatory shall be afforded reasonable 
opportunity to examine, audit, or inspect the resource and to make 
copies, compilations, abstracts, or summaries. The specification must 
include sufficient detail to permit the interrogating party to locate 
and identify the individual records from which the answer may be 
ascertained.



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

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



Sec. 20.605  Depositions.

    (a) The ALJ may order a deposition only upon a showing of good cause 
and upon a finding that--
    (1) The information sought is not obtainable more readily by 
alternative methods; or
    (2) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation at 
the hearing.
    (b) Testimony may be taken by deposition upon approval of the ALJ of 
a motion made by any party.
    (1) The motion must state--

[[Page 81]]

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

[[Page 82]]

recording are provided to parties requesting them, the person recording 
the deposition shall immediately place the videotape in a sealed 
envelope or a sealed videotape container, attaching to it a statement 
identifying the proceeding and the deponent and certifying as to the 
authenticity of the video recording, and return the videotape by 
accountable means to the ALJ. The deposition becomes a part of the 
record of the proceedings in the same manner as a transcribed 
deposition. The videotape, if admitted into evidence, will be played 
during the hearing and transcribed into the record by the reporter.



Sec. 20.606  Protective orders.

    (a) In considering a motion for an order of discovery--or a motion, 
by a party or other person from whom discovery is sought, to reconsider 
or amend an order of discovery--the ALJ may enter any order that justice 
requires, to protect a person from annoyance, embarrassment, oppression, 
or undue burden or expense. This order may--
    (1) Confine discovery to specific terms and conditions, such as a 
particular time and place;
    (2) Confine discovery to a method other than that selected by the 
party seeking it;
    (3) Preclude inquiry into certain matters;
    (4) Direct that discovery occur with no one present except persons 
designated by the ALJ;
    (5) Preclude the disclosure of a trade secret or other proprietary 
information, or allow its disclosure only in a designated way or only to 
designated persons; or
    (6) Require that the person from whom discovery is sought file 
specific documents or information under seal for opening at the 
direction of the ALJ.
    (b) When a person from whom discovery is sought seeks a protective 
order, the ALJ may let him or her make all or part of the showing of 
good cause in camera. The ALJ shall record any proceedings in camera. If 
he or she enters a protective order, he or she shall seal any 
proceedings so recorded. These shall be releasable only as required by 
law.
    (c) Upon motion by a person from whom discovery is sought, the ALJ 
may--
    (1) Restrict or defer disclosure by a party either of the name of a 
witness or, if the witness comes from the Coast Guard, of any prior 
statement of the witness; and
    (2) Prescribe other appropriate measures to protect a witness.
    (d) The ALJ will give any party an adequate opportunity to prepare 
for cross-examination or other presentation concerning witnesses and 
statement subject to protective orders.



Sec. 20.607  Sanctions for failure to comply.

    If a party fails to provide or permit discovery, the ALJ may take 
such action as is just. This may include the following:
    (a) Infer that the testimony, document, or other evidence would have 
been adverse to the party.
    (b) Order that, for the purposes of the proceeding, designated facts 
are established.
    (c) Order that the party not introduce into evidence--or otherwise 
rely upon, in support of any claim or defense--the evidence that was 
withheld.
    (d) Order that the party not introduce into evidence, or otherwise 
use in the hearing, information obtained in discovery.
    (e) Allow the use of secondary evidence to show what the evidence 
withheld would have shown.



Sec. 20.608  Subpoenas.

    (a) Any party may request the ALJ to issue a subpoena for the 
attendance of a person, the giving of testimony, or the production of 
books, papers, documents, or any other relevant evidence during 
discovery or for any hearing. Any party seeking a subpoena from the ALJ 
shall request its issuance by motion.
    (b) An ALJ may, for good cause shown, apply to the United States 
District Court for the issuance of an order compelling the appearance 
and testimony of a witness or the production of evidence.
    (c) A person serving a subpoena shall prepare a written statement 
setting forth either the date, time, and manner

[[Page 83]]

of service or the reason for failure of service. He or she shall swear 
to or affirm the statement, attach it to a copy of the subpoena, and 
return it to the ALJ who issued the subpoena.
    (d) Coast Guard investigating officers have separate subpoena power 
in S&R proceedings under 46 CFR 5.301.



Sec. 20.609  Motions to quash or modify.

    (a) A person to whom a subpoena is directed may, by motion with 
notice to the party requesting the subpoena, ask the ALJ to quash or 
modify the subpoena.
    (b) Except when made at a hearing, the motion must be filed:
    (1) 10 days or less after service of a subpoena compelling the 
appearance and testimony of a witness or the production of evidence or
    (2) At or before the time specified in the subpoena for compliance, 
whichever is earlier.
    (c) If the subpoena is served at a hearing, the person to whom it is 
directed may, in person at the hearing or in writing within a reasonable 
time fixed by the ALJ, ask the ALJ to quash or modify it.
    (d) The ALJ may quash or modify the subpoena if it is unreasonable 
or requires evidence not relevant to any matter in issue.



                           Subpart G_Hearings



Sec. 20.701  Standard of proof.

    The party that bears the burden of proof shall prove his or her case 
or affirmative defense by a preponderance of the evidence.



Sec. 20.702  Burden of proof.

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



Sec. 20.703  Presumptions.

    In each administrative hearing, a presumption--
    (a) Imposes on the party against whom it lies the burden of going 
forward with evidence to rebut or meet the presumption; but
    (b) Does not shift the burden of proof in the sense of the risk of 
non-persuasion.



Sec. 20.704  Scheduling and notice of hearings.

    (a) With due regard for the convenience of the parties, and of their 
representatives or witnesses, the ALJ shall, as early as possible, fix 
the date, time, and place for the hearing and notify all parties and 
interested persons.
    (b) The ALJ may grant a request for a change in the date, time, or 
place of a hearing.
    (c) At any time after commencement of a proceeding, any party may 
move to expedite the proceeding. A party moving to expedite shall--
    (1) Explain in the motion the circumstances justifying the motion to 
expedite; and
    (2) Incorporate in the motion affidavits supporting any 
representations of fact.
    (d) After timely receipt of the motion and any responses, the ALJ 
may expedite pleadings, pre-hearing conferences, and the hearing, as 
appropriate.



Sec. 20.705  Failure to appear.

    The ALJ may enter a default under Sec. 20.310 against a respondent 
threatening to fail, or having failed, to appear at a hearing unless,--
    (a) Before the time for the hearing, the respondent shows good cause 
why neither the respondent nor his or her representative can appear; or,
    (b) 30 days or less after an order to show good cause, the 
respondent shows good cause for his or her failure to appear.



Sec. 20.706  Witnesses.

    (a) Each witness shall testify under oath or affirmation.
    (b) If a witness fails or refuses to answer any question the ALJ 
finds proper, the failure or refusal constitutes grounds for the ALJ to 
strike all or part of the testimony given by the witness or to take any 
other measure he or she deems appropriate.

[[Page 84]]



Sec. 20.707  Telephonic testimony.

    (a) The ALJ may order the taking of the testimony of a witness by 
telephonic conference call. A person presenting evidence may by motion 
ask for the taking of testimony by this means. The arrangement of the 
call must let each participant listen to and speak to each other within 
the hearing of the ALJ, who will ensure the full identification of each 
so the reporter can create a proper record.
    (b) The ALJ may issue a subpoena directing a witness to testify by 
telephonic conference call. The subpoena in any such instance issues 
under the procedures in Sec. 20.608.



Sec. 20.708  Witnesses' fees.

    (a) Each witness summoned in an administrative proceeding shall 
receive the same fees and mileage as a witness in a District Court of 
the United States.
    (b) The party or interested person who calls a witness is 
responsible for all fees and mileage due under paragraph (a) of this 
section.



Sec. 20.709  Closing of the record.

    (a) When the ALJ closes the hearing, he or she shall also close the 
record of the proceeding, as described in Sec. 20.903, unless he or she 
directs otherwise. Even after the ALJ closes it, he or she may reopen 
it.
    (b) The ALJ may correct the transcript of the hearing by appropriate 
order.



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

    (a) Before the ALJ closes the hearing, he or she may hear oral 
argument so far as he or she deems appropriate.
    (b) Before the ALJ decides the case, and upon terms he or she finds 
reasonable, any party may file a brief, proposed findings of fact and 
conclusions of law, or both. Any party may waive this right. If all 
parties waive it, then the ALJ may issue an oral order at the close of 
the hearing.
    (c) Any oral argument, brief, or proposed findings of fact and 
conclusions of law form part of the record of the proceeding, as 
described in Sec. 20.903.



                           Subpart H_Evidence



Sec. 20.801  General.

    Any party may present his or her case or defense by oral, 
documentary, or demonstrative evidence; submit rebuttal evidence; and 
conduct any cross-examination that may be necessary for a full and true 
disclosure of the facts.



Sec. 20.802  Admissibility of evidence.

    (a) The ALJ may admit any relevant oral, documentary, or 
demonstrative evidence, unless privileged. Relevant evidence is evidence 
tending to make the existence of any material fact more probable or less 
probable than it would be without the evidence.
    (b) The ALJ may exclude evidence if its probative value is 
substantially outweighed by the danger of prejudice, by confusion of the 
issues, or by reasonable concern for undue delay, waste of time, or 
needless presentation of cumulative evidence.



Sec. 20.803  Hearsay evidence.

    Hearsay evidence is admissible in proceedings governed by this part. 
The ALJ may consider the fact that evidence is hearsay when determining 
its probative value.



Sec. 20.804  Objections and offers of proof.

    (a) Any party objecting to the admission or exclusion of evidence 
shall concisely state the grounds. A ruling on every objection must 
appear in the record. No party may raise an objection to the admission 
or exclusion of evidence on appeal unless he or she raised it before the 
ALJ.
    (b) Whenever evidence is objected to, the party offering it may make 
an offer of proof, which must appear in the record.



Sec. 20.805  Proprietary information.

    (a) The ALJ may limit introduction of evidence or issue such 
protective or other orders as in his or her judgment are consistent with 
the object of preventing undue disclosure of proprietary matters, 
including, among others, ones of a commercial nature.
    (b) When the ALJ determines that information in a document 
containing proprietary matters should be made

[[Page 85]]

available to another party, the ALJ may direct the party possessing the 
document to prepare a non-proprietary summary or extract of it. The 
summary or extract may be admitted as evidence in the record.
    (c) If the ALJ determines that a non-proprietary summary or extract 
is inadequate and that proprietary matters must form part of the record 
to avert prejudice to a party, the ALJ may so advise the parties and 
arrange access to the evidence for a party or representative.



Sec. 20.806  Official notice.

    The ALJ may take official notice of such matters as could courts, or 
of other facts within the specialized knowledge of the Coast Guard as an 
expert body. When all or part of a decision rests on the official notice 
of a material fact not appearing in the evidence in the record, the 
decision must state as much; and any party, upon timely request, shall 
receive an opportunity to rebut the fact.



Sec. 20.807  Exhibits and documents.

    (a) Each exhibit must be numbered and marked for identification by 
the party offering it. The original of each exhibit so marked, whether 
or not offered or admitted into evidence, must be filed and retained in 
the record of the proceeding, unless the ALJ permits the substitution of 
a copy. The party introducing each exhibit so marked shall supply a copy 
of the exhibit to the ALJ and to every party to the proceeding.
    (b) Unless the ALJ directs otherwise, each party who would offer an 
exhibit upon direct examination shall make it available to every other 
party for inspection 15 days or more before the hearing. The ALJ will 
deem admitted the authenticity of each exhibit submitted before the 
hearing unless a party either files written objection and serves it on 
all parties or shows good cause for failure to do both.
    (c) In class II civil penalty proceedings under 33 U.S.C. 
1321(b)(6), each exhibit introduced by an interested person must be 
marked, and filed and retained in the record of the proceeding, unless 
the ALJ permits the substitution of a copy. The interested person shall 
supply a copy of the exhibit to the ALJ and to every party to the 
proceeding. The requirements of paragraph (b) of this section apply to 
any interested person who would offer an exhibit upon direct 
examination.



Sec. 20.808  Written testimony.

    The ALJ may enter into the record the written testimony of a 
witness. The witness shall be, or have been, available for oral cross-
examination. The statement must be sworn to, or affirmed, under penalty 
of perjury.



Sec. 20.809  Stipulations.

    Any party or interested person may stipulate, in writing, at any 
stage of the proceeding, or orally at the hearing, to any pertinent fact 
or other matter fairly susceptible of stipulation. A stipulation binds 
all parties to it.



                           Subpart I_Decisions



Sec. 20.901  Summary decisions.

    (a) Any party may move for a summary decision in all or any part of 
the proceeding on the grounds that there is no genuine issue of material 
fact and that the party is entitled to a decision as a matter of law. 
The party must file the motion no later than 15 days before the date 
fixed for the hearing and may include supporting affidavits with the 
motion. Any other party, 10 days or less after service of a motion for 
summary decision, may serve opposing affidavits or countermove for 
summary decision. The ALJ may set the matter for argument and call for 
the submission of briefs.
    (b) The ALJ may grant the motion if the filed affidavits, the filed 
documents, the material obtained by discovery or otherwise, or matters 
officially noted show that there is no genuine issue of material fact 
and that a party is entitled to a summary decision as a matter of law.
    (c) Each affidavit must set forth such matters as would be 
admissible in evidence and must show affirmatively that the affiant is 
competent to testify to the matters stated in the affidavit. Once a 
party has moved for summary decision and supported his or her motion as 
provided in this section, no party opposing the motion may rest

[[Page 86]]

upon the mere allegations or denials of facts contained in his or her 
own pleadings. The response to the motion, by affidavit or as otherwise 
provided in this section, must provide a specific basis to show that 
there is a genuine issue of material fact for the hearing.
    (d) If it appears from the affidavit of a party opposing the motion 
that this party cannot, for reasons stated, present by affidavit matters 
essential to justify his or her opposition, the ALJ may deny the motion 
for summary decision, may order a continuance to enable the obtaining of 
information, or may make such other order as is just.
    (e) No denial of all or any part of a motion for summary decision is 
subject to interlocutory appeal.



Sec. 20.902  Decisions of the ALJ.

    (a) After closing the record of the proceeding, the ALJ shall 
prepare a decision containing--
    (1) A finding on each material issue of fact and conclusion of law, 
and the basis for each finding;
    (2) The disposition of the case, including any appropriate order;
    (3) The date upon which the decision will become effective;
    (4) A statement of further right to appeal; and,
    (5) If no hearing was held, a statement of the right of any 
interested person to petition the Commandant to set aside the decision.
    (b) The decision of the ALJ must rest upon a consideration of the 
whole record of the proceedings.
    (c) The ALJ may, upon motion of any party or in his or her own 
discretion, render the initial decision from the bench (orally) at the 
close of the hearing and prepare and serve a written order on the 
parties or their authorized representatives. In rendering his or her 
decision from the bench, the ALJ shall state the issues in the case and 
make clear, on the record, his or her findings of fact and conclusions 
of law.
    (d) If the ALJ renders the initial decision orally, and if a party 
asks for a copy, the Hearing Docket Clerk shall furnish a copy excerpted 
from the transcript of the record. The date of the decision is the date 
of the oral rendering of the decision by the ALJ.



Sec. 20.903  Records of proceedings.

    (a) The transcript of testimony at the hearing, all exhibits 
received into evidence, any items marked as exhibits and not received 
into evidence, all motions, all applications, all requests, and all 
rulings constitute the official record of a proceeding. This record also 
includes any motions or other matters regarding the disqualification of 
the ALJ.
    (b) Any person may examine the record of a proceeding at the U. S. 
Coast Guard Administrative Law Judge Docketing Center; Room 412; 40 S. 
Gay Street; Baltimore, MD 21201-4022. Any person may obtain a copy of 
part or all of the record after payment of reasonable costs for 
duplicating it in accordance with 49 CFR part 7.



Sec. 20.904  Reopening.

    (a) To the extent permitted by law, the ALJ may, for good cause 
shown in accordance with paragraph (c) of this section, reopen the 
record of a proceeding to take added evidence.
    (b) Any party may move to reopen the record of a proceeding 30 days 
or less after the closing of the record.
    (1) Each motion to reopen the record must clearly set forth the 
facts that the movant would try to prove and the grounds for reopening 
the record.
    (2) Any party who does not respond to any motion to reopen the 
record waives any objection to the motion.
    (c) The ALJ may reopen the record of a proceeding if he or she 
believes that any change in fact or law, or that the public interest, 
warrants reopening it.
    (d) The filing of a motion to reopen the record of a proceeding does 
not affect any period for appeals specified in subpart J of this part, 
except that the filing of such a motion tolls the running of whatever 
time remains in the period for appeals until either the ALJ acts on the 
motion or the party filing it withdraws it.
    (e)(1) At any time, a party may file a petition to reopen with the 
Docketing Center for the ALJ to rescind any order suspending or revoking 
a merchant mariner's license, certificate of registry, or document if--
    (i) The order rests on a conviction--
    (A) For violation of a dangerous-drug law;

[[Page 87]]

    (B) Of an offense that would prevent the issuance or renewal of the 
license, certificate, or document; or
    (C) Of an offense described in subparagraph 205(a)(3)(A) or (B) of 
the National Driver Register Act of 1982 (23 U.S.C. 401, note); and
    (ii) The respondent submits a specific order of court to the effect 
that the conviction has been unconditionally set aside for all purposes.
    (2) The ALJ, however, may not rescind his or her order on account of 
any law that provides for a subsequent conditional setting-aside, 
modification, or expunging of the order of court, by way of granting 
clemency or other relief after the conviction has become final, without 
regard to whether punishment was imposed.
    (f) Three years or less after an S&R proceeding has resulted in 
revocation of a license, certificate, or document, the respondent may 
file a motion for reopening of the proceeding to modify the order of 
revocation with the ALJ Docketing Center.
    (1) Any motion to reopen the record must clearly state why the basis 
for the order of revocation is no longer valid and how the issuance of a 
new license, certificate, or document is compatible with the requirement 
of good discipline and safety at sea.
    (2) Any party who does not respond to any petition to reopen the 
record waives any objection to the motion.



                            Subpart J_Appeals



Sec. 20.1001  General.

    (a) Any party may appeal the ALJ' s decision by filing a notice of 
appeal. The party shall file the notice with the U. S. Coast Guard 
Administrative Law Judge Docketing Center; Attention: Hearing Docket 
Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022. The party 
shall file the notice 30 days or less after issuance of the decision, 
and shall serve a copy of it on the other party and each interested 
person.
    (b) No party may appeal except on the following issues:
    (1) Whether each finding of fact is supported by substantial 
evidence.
    (2) Whether each conclusion of law accords with applicable law, 
precedent, and public policy.
    (3) Whether the ALJ abused his or her discretion.
    (4) The ALJ's denial of a motion for disqualification.
    (c) No interested person may appeal a summary decision except on the 
issue that no hearing was held or that in the issuance of the decision 
the ALJ did not consider evidence that that person would have presented.
    (d) The appeal must follow the procedural requirements of this 
subpart.



Sec. 20.1002  Records on appeal.

    (a) The record of the proceeding constitutes the record for decision 
on appeal.
    (b) If the respondent requests a copy of the transcript of the 
hearing as part of the record of proceeding, then,--
    (1) If the hearing was recorded at Federal expense, the Coast Guard 
will provide the transcript on payment of the fees prescribed in 49 CFR 
7.45; but,
    (2) If the hearing was recorded by a Federal contractor, the 
contractor will provide the transcript on the terms prescribed in 49 CFR 
7.45.



Sec. 20.1003  Procedures for appeal.

    (a) Each party appealing the ALJ's decision or ruling shall file an 
appellate brief with the Commandant at the following address: U.S. Coast 
Guard Administrative Law Judge Docketing Center; Attention: Hearing 
Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022, and 
shall serve a copy of the brief on every other party.
    (1) The appellate brief must set forth the appellant's specific 
objections to the decision or ruling. The brief must set forth, in 
detail, the--
    (i) Basis for the appeal;
    (ii) Reasons supporting the appeal; and
    (iii) Relief requested in the appeal.
    (2) When the appellant relies on material contained in the record, 
the appellate brief must specifically refer to the pertinent parts of 
the record.
    (3) The appellate brief must reach the Docketing Center 60 days or 
less after service of the ALJ's decision. Unless filed within this time, 
or within another time period authorized in writing by the Docketing 
Center, the brief will be untimely.

[[Page 88]]

    (b) Any party may file a reply brief with the Docketing Center 35 
days or less after service of the appellate brief. Each such party shall 
serve a copy on every other party. If the party filing the reply brief 
relies on evidence contained in the record for the appeal, that brief 
must specifically refer to the pertinent parts of the record.
    (c) No party may file more than one appellate brief or reply brief, 
unless--
    (1) The party has petitioned the Commandant in writing; and
    (2) The Commandant has granted leave to file an added brief, in 
which event the Commandant will allow a reasonable time for the party to 
file that brief.
    (d) The Commandant may accept an amicus curiae brief from any person 
in an appeal of an ALJ's decision.



Sec. 20.1004  Decisions on appeal.

    (a) The Commandant shall review the record on appeal to determine 
whether the ALJ committed error in the proceedings, and whether the 
Commandant should affirm, modify, or reverse the ALJ's decision or 
should remand the case for further proceedings.
    (b) The Commandant shall issue a decision on every appeal in writing 
and shall serve a copy of the decision on each party and interested 
person.



  Subpart K_Finality, Petitions for Hearing, and Availability of Orders



Sec. 20.1101  Finality.

    (a) Civil penalty proceedings. (1) Unless appealed pursuant to 
subpart J of this part, an ALJ's decision becomes an order assessing or 
denying a class II civil penalty 30 days after the date of its issuance.
    (2) If the Commandant issues a decision under Subpart J of this 
part, the decision constitutes an order of the Commandant assessing or 
denying a class II civil penalty on the date of issuance of the 
Commandant's decisions.
    (b) S&R Proceedings. (1) Unless appealed pursuant to subpart J of 
this part, an ALJ's decision becomes final action of the Coast Guard 30 
days after the date of its issuance.
    (2) If the Commandant issues a decision under Subpart J of this 
part, the decision constitutes final action of the Coast Guard on the 
date of its issuance.



Sec. 20.1102  Petitions to set aside decisions and provide hearings for civil penalty proceedings.

    (a) If no hearing takes place on a complaint for a class II civil 
penalty, any interested person may file a petition, 30 days or less 
after the issuance of an order assessing or denying a civil penalty, 
asking the Commandant to set aside the order and to provide a hearing.
    (b) If the Commandant decides that evidence presented by an 
interested person in support of a petition under paragraph (a) of this 
section is material and that the ALJ did not consider the evidence in 
the issuance of the decision, the Commandant shall set aside the 
decision and direct that a hearing take place in accordance with the 
requirements of this part.
    (c) If the Commandant denies a hearing sought under this section, he 
or she shall provide to the interested person, and publish in the 
Federal Register, notice of and the reasons for the denial.



Sec. 20.1103  Availability of decisions.

    (a)(1) Copies and indexes of decisions on appeal are available for 
inspection and copying at--
    (i) The document inspection facility at the office of any Coast 
Guard District, Activity, or Marine Safety Office;
    (ii) The public reading room at Coast Guard Headquarters; and
    (iii) The public reading room of the Coast Guard ALJ Docketing 
Center; Baltimore, Maryland.
    (2) Appellate decisions in S&R proceedings, and both appellate and 
ALJs' decisions on class II civil penalties, are available on the 
Department of Transportation Home Page at www.dot.gov or the Coast Guard 
Home Page at www.uscg.mil.
    (b) Any person wanting a copy of a decision may place a request with 
the Hearing Docket Clerk. The Clerk will bill the person on the terms 
prescribed in 49 CFR 7.43.

[[Page 89]]



                      Subpart L_Expedited Hearings



Sec. 20.1201  Application.

    (a) This subpart applies whenever the Coast Guard suspends a 
merchant mariner's license, certificate of registry, or document without 
a hearing under 46 U.S.C. 7702(d).
    (b) The Coast Guard may, for 45 days or less, suspend and seize a 
license, certificate, or document if, when acting under the authority of 
the license, certificate, or document,--
    (1) A mariner performs a safety-sensitive function on a vessel; and
    (2) There is probable cause to believe that he or she--
    (i) Has performed the safety-sensitive function in violation of law 
or Federal regulation regarding use of alcohol or a dangerous drug;
    (ii) Has been convicted of an offense that would prevent the 
issuance or renewal of the license, certificate, or document; or,
    (iii) Three years or less before the start of an S&R proceeding, has 
been convicted of an offense described in subparagraph 205(a)(3)(A) or 
(B) of the National Driver Register Act of 1982 (23 U.S.C. 401, note).



Sec. 20.1202  Filing of pleadings.

    (a) Complaint. If the Coast Guard has temporarily suspended a 
merchant mariner's license, certificate of registry, or document, it 
shall immediately file a complaint under Sec. 20.307. The complaint 
must contain both a copy of a notice of temporary suspension and an 
affidavit stating the authority and reason for temporary suspension.
    (b) Answer. In a case under this subpart--
    (1) Sec. 20.308 does not govern answers, and
    (2) The respondent shall therefore enter his or her answer at the 
pre-hearing conference.



Sec. 20.1203  Commencement of expedited hearings.

    Upon receipt of a complaint with a copy of the notice of temporary 
suspension and the affidavit supporting the complaint, the Chief ALJ 
will immediately assign an ALJ and designate the case for expedited 
hearing.



Sec. 20.1205  Motion for return of temporarily suspended license, certificate of registry, or document.

    (a) Procedure. At any time during the expedited hearing, the 
respondent may move that his or her license, certificate of registry, or 
document be returned on the grounds that the agency lacked probable 
cause for temporary suspension. The motion must be in writing and 
explain why the agency lacked probable cause.
    (b) Ruling. If the ALJ grants the motion, the ALJ may issue such 
orders as are necessary for the return of the suspended license, 
certificate, or document and for the matter to continue in an orderly 
way under standard procedure.



Sec. 20.1206  Discontinuance of expedited hearings.

    (a) Procedure. At any time during the expedited hearing, the 
respondent may move that the hearing discontinue and that the matter 
continue under standard procedure. A motion to discontinue must be in 
writing and explain why the case is inappropriate for expedited hearing.
    (b) Ruling. If the ALJ grants the motion to discontinue, the ALJ may 
issue such orders as are necessary for the matter to continue in an 
orderly way under standard procedure.



Sec. 20.1207  Pre-hearing conferences.

    (a) When held. As early as practicable, the ALJ shall order and 
conduct a pre-hearing conference. He or she may order the holding of the 
conference in person, or by telephonic or electronic means.
    (b) Answer. The respondent shall enter his or her answer at the pre-
hearing conference. If the answer is an admission, the ALJ shall either 
issue an appropriate order or schedule a hearing on the order.
    (c) Content. (1) At the pre-hearing conference, the parties shall:
    (i) Identify and simplify the issues in dispute and prepare an 
agreed statement of issues, facts, and defenses.
    (ii) Establish a simplified procedure appropriate to the matter.
    (iii) Fix a time and place for the hearing 30 days or less after the 
temporary suspension.

[[Page 90]]

    (iv) Discuss witnesses and exhibits.
    (2) The ALJ shall issue an order directing the exchange of witness 
lists and documents.
    (d) Order. Before the close of the pre-hearing conference, the ALJ 
shall issue an order setting forth any agreements reached by the 
parties. The order must specify the issues for the parties to address at 
the hearing.
    (e) Procedures not to cause delay. Neither any filing of pleadings 
or motions, nor any conduct of discovery, may interfere with--
    (1) The holding of the hearing 30 days or less after the temporary 
suspension or
    (2) The closing of the record early enough for the issuance of an 
initial decision 45 days or less after the temporary suspension.
    (f) Times. The ALJ may shorten the time for any act required or 
permitted under this subpart to enable him or her to issue an initial 
decision 45 days or less after the temporary suspension.



Sec. 20.1208  Expedited hearings.

    (a) Procedures. As soon as practicable after the close of the pre-
hearing conference, the ALJ shall hold a hearing, under subpart G of 
this part, on any issue that remains in dispute.
    (b) Oral and written argument. (1) Each party may present oral 
argument at the close of the hearing or present--
    (i) Proposed findings of fact and conclusions of law; and
    (ii) Post-hearing briefs, under Sec. 20.710.
    (2) The ALJ shall issue a schedule, such as will enable him or her 
to consider the findings and briefs without delaying the issuance of the 
decision.
    (c) ALJ's decision. The ALJ may issue his or her decision as an oral 
decision from the bench. Alternatively, he or she may issue a written 
decision. He or she shall issue the decision 45 days or less after the 
temporary suspension.



Sec. 20.1209  Appeals of ALJs' decisions.

    Any party may appeal the ALJ's decision as provided in subpart J.



Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings



Sec. 20.1301  Purpose.

    This subpart contains evidentiary rules that apply only in certain 
circumstances in S&R proceedings. They supplement, not supplant, the 
evidentiary rules in subpart H.



Sec. 20.1303  Authentication and certification of extracts from shipping articles, logbooks, and the like.

    (a) The investigating officer, the Coast Guard representative, any 
other commissioned officer of the Coast Guard, or any official custodian 
of extracts from shipping articles, logbooks, or records in the custody 
of the Coast Guard may authenticate and certify the extracts.
    (b) Authentication and certification must include a statement that 
the person acting has seen the original, compared the copy with it, and 
found the copy to be a true one. This person shall sign his or her name 
and identify himself or herself by rank or title and by duty station.



Sec. 20.1305  Admissibility and weight of entries from logbooks.

    (a) Any entry in any official logbook of a vessel concerning an 
offense enumerated in 46 U.S.C. 11501, made in substantial compliance 
with the procedural requirements of 46 U.S.C. 11502, is admissible in 
evidence and constitutes prima facie evidence of the facts recited.
    (b) Any entry in any such logbook made in substantial compliance 
with the procedural requirements of 46 U.S.C. 11502 may receive added 
weight from the ALJ.



Sec. 20.1307  Use of judgments of conviction.

    (a) A judgment of conviction by a Federal court is conclusive in any 
S&R proceeding under this part concerning any act or offense described 
in 46 U.S.C. 7703 or 7704 when the act or offense is the same as in the 
Federal conviction.
    (b) Except as provided in paragraph (c) of this section, no judgment 
of conviction by a State court is conclusive

[[Page 91]]

in any S&R proceeding under this part concerning any act or offense 
described in 46 U.S.C. 7703 or 7704, even when an act or offense forming 
the basis of the charge in the proceeding is the same as in the State 
conviction. But the judgment is admissible in evidence and constitutes 
substantial evidence adverse to the respondent.
    (c) A judgment of conviction by a Federal or State court for a 
violation is conclusive in the proceeding if an S&R proceeding alleges 
conviction for--
    (1) A violation of a dangerous-drug law;
    (2) An offense that would prevent the issuance or renewal of a 
merchant mariner's license, certificate of registry, or document; or
    (3) An offense described in subparagraph 205(a)(3)(A) or (B) of the 
National Driver Register Act of 1982 (23 U.S.C.S. 401, note).
    (d) If the respondent participates in the scheme of a State for the 
expungement of convictions, and if he or she pleads guilty or no contest 
or, by order of the trial court, has to attend classes, contribute time 
or money, receive treatment, submit to any manner of probation or 
supervision, or forgo appeal of the finding of the trial court, the 
Coast Guard regards him or her, for the purposes of 46 U.S.C. 7703 or 
7704, as having received a conviction. The Coast Guard does not consider 
the conviction expunged without proof that the expungement is due to the 
conviction's having been in error.
    (e) No respondent may challenge the jurisdiction of a Federal or 
State court in any proceeding under 46 U.S.C. 7703 or 7704.



Sec. 20.1309  Admissibility of respondents' criminal records and records with the Coast Guard before entry of findings and conclusions.

    (a) The prior disciplinary record of the respondent is admissible 
when offered by him or her.
    (b) The prior disciplinary record of the respondent is admissible 
when offered by the Coast Guard representative to impeach the 
credibility of evidence offered by the respondent.
    (c) The use of a judgment of conviction is permissible on the terms 
prescribed by Sec. 20.1307.



Sec. 20.1311  Admissions by respondent.

    No person may testify regarding admissions made by the respondent 
during an investigation under 46 CFR part 4, except to impeach the 
credibility of evidence offered by the respondent.



Sec. 20.1313  Medical examination of respondents.

    In any proceeding in which the physical or mental condition of the 
respondent is relevant, the ALJ may order him or her to undergo a 
medical examination. Any examination ordered by the ALJ is conducted, at 
Federal expense, by a physician designated by the ALJ. If the respondent 
fails or refuses to undergo any such examination, the failure or refusal 
receives due weight and may be sufficient for the ALJ to infer that the 
results would have been adverse to the respondent.



Sec. 20.1315  Submission of prior records and evidence in aggravation or mitigation.

    (a) The prior disciplinary record of the respondent comprises the 
following items less than 10 years old:
    (1) Any written warning issued by the Coast Guard and not contested 
by the respondent.
    (2) Final agency action by the Coast Guard on any S&R proceeding in 
which a sanction or consent order was entered.
    (3) Any agreement for voluntary surrender entered into by the 
respondent.
    (4) Any final judgment of conviction in Federal or State courts.
    (5) Final agency action by the Coast Guard resulting in the 
imposition against the respondent of any civil penalty or warning in a 
proceeding administered by the Coast Guard under this title.
    (6) Any official commendatory information concerning the respondent 
of which the Coast Guard representative is aware. The Coast Guard 
representative may offer evidence and argument in aggravation of any 
charge proved. The respondent may offer evidence of,

[[Page 92]]

and argument on, prior maritime service, including both the record 
introduced by the Coast Guard representative and any commendatory 
evidence.
    (b) The respondent may offer evidence and argument in mitigation of 
any charge proved.
    (c) The Coast Guard representative may offer evidence and argument 
in rebuttal of any evidence and argument offered by the respondent in 
mitigation.



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




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

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



Sec. 23.01  Basis and purpose.

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

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



Sec. 23.05  Where and when displayed.

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

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



Sec. 23.10  Coast Guard emblem.

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

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

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

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

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

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

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



Sec. 23.12  Coast Guard identifying insignia.

    (a) The distinctive identification insignia of the Coast Guard 
consists of a broad diagonal red stripe followed to the right or left by 
two narrow stripes, first a white stripe and then a blue

[[Page 93]]

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

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

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



Sec. 23.15  Coast Guard ensign.

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

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



Sec. 23.20  Coast Guard commission pennant.

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

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



Sec. 23.30  Penalty.

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

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

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



PART 25_CLAIMS--Table of Contents




                            Subpart A_General

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

                       Subpart B_Admiralty Claims

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

                      Subpart C_Federal Tort Claims

25.301 Scope.
25.303 Procedure.

                        Subpart D_Military Claims

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

                        Subpart E_Foreign Claims

25.501 Scope.

[[Page 94]]

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

             Subpart F_Claims Not Cognizable Under Other Law

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

         Subpart G_Article 139, Uniform Code of Military Justice

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

                Subpart H_Pollution Removal Damage Claims

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

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

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



                            Subpart A_General



Sec. 25.101  Purpose.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States, other than claims 
against the Oil Spill Liability Trust Fund under part 136 of this 
chapter and contract claims, but including claims arising from acts or 
omissions of employees of non-appropriated fund activities within the 
United States, its territories, and possessions.

[USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.103  Information and assistance.

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

[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.105  Definitions.

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

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



Sec. 25.107  Who may present claims.

    (a) General rules:
    (1) A claim for property loss or damage may be presented by anyone 
having an interest in the property, including an insurer or other 
subrogee, unless the interest is barred under Sec. 25.109(a).
    (2) A claim for personal injury may be presented by the person 
injured.
    (3) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or any other person legally 
entitled to assert such a claim under local law. The claimant's status 
must be stated in the claim.
    (4) A claim for medical, hospital, or burial expenses may be 
presented by any person who by reason of family relationship has, in 
fact, incurred the expenses.

[[Page 95]]

    (b) A joint claim must be presented in the names of and signed by, 
the joint claimants, and the settlement must be made payable to the 
joint claimants.
    (c) A claim may be presented by a duly authorized agent, legal 
representative or survivor, if it is presented in the name of the 
claimant. If the claim is not signed by the claimant, the agent, legal 
representative, or survivor shall indicate their title or legal capacity 
and provide evidence of their authority to present the claim.
    (d) Where the same claimant has a claim for damage to or loss of 
property and a claim for personal injury or a claim based on death 
arising out of the same incident, they must be combined in one claim.



Sec. 25.109  Insurance and other subrogated claims.

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



Sec. 25.111  Action by claimant.

    (a) Form of claim. The claim must meet the requirements of Sec. 
25.113. Authorized forms are available from the offices indicated in 
Sec. 25.103.
    (b) Presentation. Whenever possible the claim must be presented to 
the geographically appropriate Coast Guard Maintenance and Logistics 
Command. The Coast Guard Maintenance and Logistics Command Atlantic (lc) 
is located at 300 East Main Street, Suite 965, Norfolk, VA 23510-9113; 
Coast Guard Maintenance and Logistics Command Pacific (lc) is located at 
Coast Guard Island, Alameda, California, 94501. If that is not possible, 
the claim may also be presented to:
    (1) The commanding officer of the Coast Guard unit involved;
    (2) A Coast Guard unit convenient to the claimant; or
    (3) Chief, Office of Claims and Litigation, Chief Counsel, United 
States Coast Guard, 2100 Sec. nd Street, SW., Washington, DC, 20593.

In a foreign country, where there is no Coast Guard unit, the claim is 
considered presented to the Coast Guard if it is presented to the 
military attache of any United States embassy or consulate or to the 
commanding officer of any unit of the armed services of the United 
States.

[[Page 96]]

    (c) Time. The time limits for presenting claims are contained in the 
following subparts addressing particular claim statutes.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001]



Sec. 25.113  Contents of claim.

    (a) A claim under the Federal Tort Claims Act must be presented 
using Standard Form 95, Claim for Damage, Injury, or Death.
    (b) A claim under any other Act may be presented using Standard Form 
95. Any claim which is not presented using Standard Form 95 shall 
include:
    (1) The identity of the department, agency, or activity whose act or 
omission gave rise to the claim;
    (2) The full name and mailing address of the claimant. If this 
mailing address is not claimant's residence, the claimant shall also 
include residence address;
    (3) The date, time, and place of the incident giving rise to the 
claim;
    (4) The amount claimed, supported by independent evidence of 
property damage or loss, personal injury, or death, as applicable;
    (5) A detailed description of the incident giving rise to the claim;
    (6) A description of any property damage or loss, including the 
identity of the owner, if other than the claimant, as applicable;
    (7) The nature and extent of the injury, as applicable;
    (8) The full name, title, if any, and address of any witness to the 
incident and a brief statement of the witness' knowledge of the 
incident;
    (9) A description of any insurance carried by the claimant or owner 
of the property and the status of any insurance claim arising from the 
incident; and
    (10) An agreement by the claimant to accept the total amount claimed 
in full satisfaction and final settlement of the claim.
    (c) A claimant or duly authorized agent or legal representative must 
sign in ink a claim and any amendment to that claim. If the person's 
signature does not include the first name, middle initial, if any, and 
surname, that information must be included in the claim. A married woman 
must sign her claim in her given name, e.g., ``Mary A. Doe,'' rather 
than ``Mrs. John Doe.''



Sec. 25.115  Evidence supporting a claim.

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



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

    The following evidence must be presented when appropriate:
    (a) Itemized medical, hospital, and burial bills.
    (b) A written report by the attending physician including:
    (1) The nature and extent of the injury and the treatment,
    (2) The necessity and reasonableness of the various medical expenses 
incurred,
    (3) Duration of time injuries prevented or limited employment,
    (4) Past, present, and future limitations on employment,
    (5) Duration and extent of pain and suffering and of any disability 
or physical disfigurement,
    (6) A current prognosis,
    (7) Any anticipated medical expenses, and
    (8) Any past medical history of the claimant relevant to the 
particular injury alleged.
    Note: An examination by an independent medical facility or physician 
may be required to provide independent medical evidence against which to 
evaluate the written report of the claimant's physician. The settlement 
authority determines the need for this examination, makes mutually 
convenient arrangements for such an examination, and bears the costs 
thereof.
    (c) All hospital records or other medical documents from either this 
injury or any relevant past injury.
    (d) If the claimant is employed, a written statement by the 
claimant's employer certifying the claimant's:
    (1) Age,
    (2) Occupation,
    (3) Hours of employment,
    (4) Hourly rate of pay or weekly salary,

[[Page 97]]

    (5) Time lost from work as a result of the incident, and
    (6) Claimant's actual period of employment, full-time or part-time, 
and any effect of the injury upon such employment to support claims for 
lost earnings.
    (e) If the claimant is self-employed, written statements, or other 
evidence showing:
    (1) The amount of earnings actually lost, and
    (2) The Federal tax return if filed for the three previous years.
    (f) If the claim arises out of injuries to a person providing 
services to the claimant, statement of the cost necessarily incurred to 
replace the services to which claimant is entitled under law.



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

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

[[Page 98]]

harbor fees, wharfage, dockage, shedding, stevedoring, towage, pilotage, 
inspection, tolls, lockage, anchorage and moorage, grain elevation, 
storage, and customs fees.
    (f) For each item which is lost, actual or constructive, proof of 
ownership.



Sec. 25.121  Effect of other payments to claimant.

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



Sec. 25.123  Settlement and notice to claimant.

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



Sec. 25.125  Appeal.

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



Sec. 25.127  Reconsideration.

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



Sec. 25.129  Acceptance of offer of settlement.

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

[[Page 99]]



Sec. 25.131  Delegation of authority.

    (a) The Chief Counsel is delegated the following authority:
    (1) To carry out the functions of the Sec. etary and to exercise the 
Commandant's authority as commanding officer for all Coast Guard 
personnel in regard to claims brought under Article 139, Uniform Code of 
Military Justice (10 U.S.C. 939);
    (2) To carry out the functions of an officer designated by the 
Sec. etary under the so-called ``Foreign Claims Act'', as amended (10 
U.S.C. 2734);
    (3) To request that the Department of Defense pay any meritorious 
claims arising under International Agreements in accordance with Title 
10 U.S.C. 2734a and 2734b;
    (4) To carry out the functions of the Sec. etary under the Act of 
October 9, 1962, as amended (10 U.S.C. 2737);
    (5) To carry out the functions of the Sec. etary under the Act of 
August 16, 1937, as amended (14 U.S.C. 642);
    (6) To carry out the functions of the Sec. etary under the Act of 
June 15, 1936, as amended (14 U.S.C. 646);
    (7) To carry out the functions of the Sec. etary under the Act of 
August 4, 1949, as amended (14 U.S.C. 647);
    (8) To carry out the functions of the Sec. etary under the Act of 
February 19, 1941, as amended (14 U.S.C. 830);
    (9) To carry out the functions of the head of a Federal agency's 
designee under the Federal Tort Claims Act, as amended (28 U.S.C. 2672);
    (10) To carry out the functions of the head of an agency under the 
Military Personnel and Civilian Employees' Claims Act, as amended (31 
U.S.C. 3721);
    (11) To carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711);
    (12) To carry out the functions of the head of the department under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653);
    (13) To review and approve for payment any voucher for payment of a 
claim for $25 or less the authority for payment of which is questioned 
by a certifying or disbursing officer;
    (14) To establish procedures consistent with the applicable statutes 
and regulations for the administration of all claims.

    Note: Under the Military Claims Act (10 U.S.C. 2733), the Sec. etary 
has authorized the Chief Counsel to settle and pay claims, see 49 CFR 
1.46(j).
    (b) The Director of Finance and Procurement is delegated the 
authority to carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711).

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 82-112, 48 FR 
4773, Feb. 3, 1983; USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec. 25.133  Redelegation of authority.

    The authority delegated in Sec. 25.131 and in 49 CFR 1.46(j) to the 
Chief Counsel may, unless otherwise limited, be redelegated in whole or 
in part to settlement authorities established by the Chief Counsel. 
Information concerning current settlement authorities is available from 
the offices indicated in Sec. 25.103.



Sec. 25.135  Processing and settlement of claims in foreign countries.

    (a) In certain countries, the Department of Defense has assigned 
single-service responsibility for the settlement of claims arising under 
the Foreign Claims Act, Military Claims Act, Nonscope of Employment 
Claims Act, Federal Medical Care Recovery Act, and Federal Claims 
Collection Act.
    (b) In a country where single-service claims responsibility has been 
assigned, claims against the United States cognizable under the acts 
referenced in paragraph (a) of this section are processed and settled by 
the service assigned responsibility.
    (c) A list of countries assigned to a single-service is available 
from the military attache at any United States embassy or consulate.
    (d) In a country not assigned to a single-service, the rules for 
presenting claims may be found in Sec. 25.111, and the claim will be 
settled by the Coast Guard.



                       Subpart B_Admiralty Claims

    Authority: 14 U.S.C. 646; 14 U.S.C. 633; 49 CFR 1.46(b).

[[Page 100]]



Sec. 25.201  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of maritime tort claims against the United States for death, 
personal injury, damage to or loss of property caused by a vessel or 
other property in the service of the Coast Guard, or a maritime tort 
committed by an agent of the Coast Guard, and for claims for towage and 
salvage services rendered to a Coast Guard vessel or property.



Sec. 25.203  Claims payable.

    A claim is payable under this subpart if it is:
    (a) A claim for death, personal injury, damage to or loss of real or 
personal property arising from a maritime tort caused by an agent or 
employee of the Coast Guard, or a vessel or other property in the 
service of the Coast Guard, including an auxiliary facility operated 
under specific orders and acting within the scope of such orders; or
    (b) A claim for compensation for towage and salvage services 
rendered to a vessel in the service of the Coast Guard or to other 
property under the jurisdiction of the Coast Guard.



Sec. 25.205  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy, or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, or any other system of compensation where contribution is made or 
insurance premiums paid directly or indirectly by the United States on 
behalf of the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions; or
    (f) Is for damage to or loss of personal property of military 
personnel or civilian employees which is cognizable under the Military 
Personnel and Civilian Employees' Claims Act, as amended.



Sec. 25.207  Time limitation on claims.

    (a) A settlement authority may administratively settle and approve a 
claim for final payment within two years from the date that the cause of 
action accrues. Otherwise, the claim is barred. This two-year period is 
not extended by presenting a claim nor by negotiations or 
correspondence. The existence of an administrative claim does not extend 
the two year statute of limitations in 46 U.S.C. 745.
    (b) If a complaint is filed in a Federal District Court before the 
expiration of the two-year period, an administrative settlement may be 
negotiated by the settlement authority only with the consent of the 
Department of Justice. Payment is made upon final dismissal of the 
complaint.



                      Subpart C_Federal Tort Claims

    Authority: 28 U.S.C. 2672; 28 CFR 14.11; 49 CFR 1.45(a)(2); 49 CFR 
1.45(a)(3).



Sec. 25.301  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of Coast 
Guard activities under the Federal Tort Claims Act.



Sec. 25.303  Procedure.

    A claim shall be presented and processed in accordance with 28 CFR 
Part 14. Should there be a conflict between the provisions of 33 CFR 
Part 25, Subpart A and the Department of Justice regulations in 28 CFR 
Part 14, the Department of Justice regulations govern.



                        Subpart D_Military Claims

    Authority: 10 U.S.C. 2733; 49 CFR 1.46(j).



Sec. 25.401  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of the 
activities of

[[Page 101]]

the Coast Guard under the Military Claims Act.



Sec. 25.403  Claims payable.

    A claim arising at any place caused by military personnel or 
civilian employees of the Coast Guard acting within the scope of their 
employment, or otherwise incident to noncombat activities of the Coast 
Guard, whether or not negligence or intentional tort is shown, is 
payable under this subpart for:
    (a) Damage to or loss of real property, including damage or loss 
incident to the use and occupancy of real property by the Coast Guard;
    (b) Damage to or loss of personal property, including property 
bailed to the Coast Guard;
    (c) Damage to or loss of registered or insured mail while the mail 
is in the possession of the Coast Guard even though damaged or lost by 
criminal act; or
    (d) Death or personal injury.



Sec. 25.405  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent, or claimant's employee, unless 
comparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, Longshoremen's and Harbor Workers' Compensation Act, or any other 
system of compensation where contribution is made or insurance premiums 
paid directly or indirectly by the United States on behalf of the 
injured employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort Claims 
Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim 
falling within the exception contained in 28 U.S.C. 2680 (b) is payable 
when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed in 
writing before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while in 
the possession of the Postal Service;
    (j) Is for rent, or other payments involving the acquisition, use, 
possession, or disposition of real property or interests therein by and 
for the Coast Guard except as provided in Sec. 25.403(a);
    (k) Is for the taking of private property by trespass except for 
actual physical damage; or
    (l) Is for personal injury or death of a member or civilian employee 
of the armed services of the U.S. whose death or injury was incident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 25.407  Time limitation on claims.

    (a) A claim may be settled only if presented in writing within two 
years after it accrues, except that if it accrues in time of war or 
armed conflict, or if war or armed conflict intervenes within two years 
after it accrues, and if good cause is shown, the claim may be presented 
not more than two years after the termination of the war or armed 
conflict.
    (b) For the purposes of this section, a war or armed conflict is one 
in which an armed service of the United States is engaged. The dates of 
commencement and termination of an armed conflict will be as established 
by concurrent resolution of Congress or by determination of the 
President.



Sec. 25.409  Appeal.

    (a) A claimant may submit an appeal, in writing, through the 
settlement authority disapproving the claim or approving the claim in 
part.
    (1) The appeal shall set forth fully the legal or factual bases 
asserted as grounds for the appeal; and
    (2) The appeal is permitted only if it is postmarked within 45 days 
after receipt of (i) notice of disapproval of the claim or (ii) offer of 
settlement in a reduced amount.

[[Page 102]]

    (b) The disapproval of a claim is final unless the claimant submits 
a request for reconsideration or an appeal in writing.
    (c) Upon receipt of an appeal, the settlement authority examines it 
and forwards it with the claim file, opinions, and recommendations to 
the next higher settlement authority.



                        Subpart E_Foreign Claims

    Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).



Sec. 25.501  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States by a foreign country, 
political subdivision or inhabitant thereof, for death, personal injury, 
damage to or loss of property occurring outside the United States, its 
territories, commonwealths, or possessions, caused by a military member 
or civilian employee of the Coast Guard, or otherwise incident to 
noncombat activities of the Coast Guard.



Sec. 25.503  Proper claimants.

    (a) The claimant, or the decedent in a death case, must have been an 
inhabitant of a foreign country at the time of the incident giving rise 
to the claim and must not be otherwise excluded by Sec. 25.505. It is 
not necessary that a claimant be a citizen of, or legal domiciliary of 
the foreign country.
    (b) A corporation or other organization doing business in a foreign 
country on a permanent basis may qualify as a proper claimant although 
organized under United States law.
    (c) The government of a foreign country or a political subdivision 
thereof is a proper claimant unless excluded by waiver provisions of 
applicable international agreements.



Sec. 25.505  Claimants excluded.

    (a) Civilian employees of the United States and members of the armed 
services of the United States and their dependents, who are in a foreign 
country primarily because of their own or their sponsor's duty status.
    (b) Other citizens of the United States, its territories, 
commonwealths, or possessions, unless they can establish their status as 
inhabitants of the foreign country.
    (c) An insurer or other subrogee.



Sec. 25.507  Claims payable.

    (a) A claim is payable under this subpart if it was incident to a 
noncombat activity of the Coast Guard or was caused by:
    (1) A military member of the Coast Guard;
    (2) A civilian employee of the Coast Guard who is not a national of 
the country in which the incident occurred; or
    (3) A civilian employee of the Coast Guard who is a national of the 
country in which the incident occurred if:
    (i) The employee was within the scope of employment, or
    (ii) An employer or owner of the property involved would be liable 
under local law.
    (b) The fact that the act giving rise to a claim may constitute a 
crime does not, by itself, bar relief.
    (c) Local law or custom pertaining to contributory or comparative 
negligence, and to joint tort-feasors, are applied to the extent 
practicable.



Sec. 25.509  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, the Longshoremen's and Harbor Workers' Compensation Act, or any 
other system of compensation where contribution is made or insurance 
premiums paid directly or indirectly by the United States on behalf of 
the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;

[[Page 103]]

    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions;
    (f) Is a bastardy claim; or
    (g) Involves a patent or copyright infringement.



Sec. 25.511  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues. Under appropriate circumstances, a claim presented 
orally may be considered.



Sec. 25.513  Amount claimed.

    The claimant shall state the amount claimed in the currency of the 
country where the incident occurred or where the claimant resided at the 
time of the incident.



Sec. 25.515  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, a written 
acceptance and release or a claim settlement agreement shall be signed 
by the claimant before payment. The release executed by the claimant 
shall release the United States and also release the tort-feasor or the 
person who occasioned the damage, injury, or death.



             Subpart F_Claims Not Cognizable Under Other Law

    Authority: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).



Sec. 25.601  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States under 10 U.S.C. 2737 
incident to use of property of the United States and not cognizable 
under other law.



Sec. 25.603  Claims payable.

    A claim for death, personal injury, or damage to or loss of real or 
personal property under this subpart is payable when caused by a 
military member or a civilian employee of the Coast Guard:
    (a) Incident to the use of a vehicle of the United States at any 
place; or
    (b) Incident to the use of any other property of the United States 
on a government installation.



Sec. 25.605  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is legally recoverable by the claimant under a compensation 
statute or an insurance policy;
    (b) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is cognizable under any other provision of law or regulation 
administered by the Coast Guard; or
    (e) Is for any element of damage pertaining to death or personal 
injury, other than the cost of reasonable medical, hospital, and burial 
expenses actually incurred and not otherwise furnished or paid by the 
United States.



Sec. 25.607  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues.



Sec. 25.609  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, the 
claimant must sign a written acceptance and release or a claim 
settlement agreement before payment. Although larger claims may be 
considered, no claim may be approved or paid in an amount that exceeds 
$1,000.00.



         Subpart G_Article 139, Uniform Code of Military Justice

    Authority: 10 U.S.C. 939; 49 CFR 1.46(b).



Sec. 25.701  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims under Article 139, Uniform Code of Military 
Justice, 10 U.S.C. 939, against military members of the Coast Guard for 
damage to property willfully caused by them or loss of property 
wrongfully taken by them.



Sec. 25.703  Claims payable.

    A claim for damage to or loss of real or personal property caused by 
a military member of the Coast Guard is payable under this subpart when 
the damage or loss results from:
    (a) Willful or intentional acts;

[[Page 104]]

    (b) Wrongful taking; or
    (c) Riotous, violent, and reckless conduct or acts of depredation by 
an individual or group that evidences willfulness.



Sec. 25.705  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury;
    (b) Results wholly or partly from the grossly negligent, or reckless 
act of the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is for damage to or loss of property owned by the United States 
or property of a Nonappropriated Fund Activity;
    (e) Results from negligence;
    (f) Is for indirect or remote damages;
    (g) Is for damage to or loss of property resulting from the act or 
omission of a member of the Coast Guard acting within the scope of the 
member's employment;
    (h) Extends to damage or loss that results from the owner's failure 
to mitigate damages; or
    (i) Has been paid by a third party.



Sec. 25.707  Time limitation on claims.

    A claim may be settled only if presented within 90 days after it 
accrues unless good cause is shown for the delay.



Sec. 25.709  Assessment limitation on claims.

    A claim is permitted in any amount; however, this subpart prohibits 
any assessment that exceeds one-half of one month's basic pay against 
the pay of any offender.



                Subpart H_Pollution Removal Damage Claims

    Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); EO 11735, 
Sec. 5 (a), (b)(3); 49 CFR 1.46(m).



Sec. 25.801  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States for damage to or loss of 
property resulting from containment or removal activities during Phase 
III or IV of the National Contingency Plan, under the Federal Water 
Pollution Control Act, as amended. 33 U.S.C. 1321.



Sec. 25.803  Claims payable.

    A claim for damage to or loss of real or personal property is 
payable under this subpart if:
    (a) Caused by the United States, its employees, agents or 
contractors during containment, countermeasures, cleanup, mitigation, 
and disposal activities under the National Contingency Plan; and
    (b) In the exercise of care reasonable under the circumstances, the 
incident giving rise to the claim was necessary and the damage 
unavoidable.



Sec. 25.805  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury; or
    (b) Arises out of activities to contain or remove a discharge of oil 
or other hazardous polluting substance from a United States or foreign 
public vessel or federally controlled facility.



PART 26_VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS--
Table of Contents




Sec. 
26.01 Purpose.
26.02 Definitions.
26.03 Radiotelephone required.
26.04 Use of the designated frequency.
26.05 Use of radiotelephone.
26.06 Maintenance of radiotelephone; failure of radiotelephone.
26.07 Communications.
26.08 Exemption procedures.
26.09 List of exemptions.

    Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Sec. rity Delegation No. 0170. Rule 1, 
International Regulations for the Prevention of Collisions at Sea.

    Source: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise 
noted.



Sec. 26.01  Purpose.

    (a) The purpose of this part is to implement the provisions of the 
Vessel Bridge-to-Bridge Radiotelephone Act. This part:
    (1) Requires the use of the vessel bridge-to-bridge radiotelephone;

[[Page 105]]

    (2) Provides the Coast Guard's interpretation of the meaning of 
important terms in the Act;
    (3) Prescribes the procedures for applying for an exemption from the 
Act and the regulations issued under the Act and a listing of 
exemptions.
    (b) Nothing in this part relieves any person from the obligation of 
complying with the rules of the road and the applicable pilot rules.



Sec. 26.02  Definitions.

    For the purpose of this part and interpreting the Act:
    Act means the ``Vessel Bridge-to-Bridge Radiotelephone Act'', 33 
U.S.C. sections 1201-1208;
    Length is measured from end to end over the deck excluding sheer;
    Power-driven vessel means any vessel propelled by machinery; and
    Sec. etary means the Sec. etary of the Department in which the Coast 
Guard is operating;
    Territorial sea means all waters as defined in Sec. 2.22(a)(1) of 
this chapter.
    Towing vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

    Note: Although regulatory jurisdiction is limited to the navigable 
waters of the United States, certain vessels will be encouraged or may 
be required, as a condition of port entry, to report beyond this area to 
facilitate traffic management within the VTS area.

(Rule 1, International Regulations for Preventing Collisions at Sea, 
1972 (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b))

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 
FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec. 26.03  Radiotelephone required.

    (a) Unless an exemption is granted under Sec. 26.09 and except as 
provided in paragraph (a)(4) of this section, this part applies to:
    (1) Every power-driven vessel of 20 meters or over in length while 
navigating;
    (2) Every vessel of 100 gross tons and upward carrying one or more 
passengers for hire while navigating;
    (3) Every towing vessel of 26 feet or over in length while 
navigating; and
    (4) Every dredge and floating plant engaged in or near a channel or 
fairway in operations likely to restrict or affect navigation of other 
vessels except for an unmanned or intermittently manned floating plant 
under the control of a dredge.
    (b) Every vessel, dredge, or floating plant described in paragraph 
(a) of this section must have a radiotelephone on board capable of 
operation from its navigational bridge, or in the case of a dredge, from 
its main control station, and capable of transmitting and receiving on 
the frequency or frequencies within the 156-162 Mega-Hertz band using 
the classes of emissions designated by the Federal Communications 
Commission for the exchange of navigational information.
    (c) The radiotelephone required by paragraph (b) of this section 
must be carried on board the described vessels, dredges, and floating 
plants upon the navigable waters of the United States.
    (d) The radiotelephone required by paragraph (b) of this section 
must be capable of transmitting and receiving on VHF FM channel 22A 
(157.1 MHz).
    (e) While transiting any of the following waters, each vessel 
described in paragraph (a) of this section also must have on board a 
radiotelephone capable of transmitting and receiving on VHF FM channel 
67 (156.375 MHz):

[[Page 106]]

    (1) The lower Mississippi River from the territorial sea boundary, 
and within either the Southwest Pass safety fairway or the South Pass 
safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above 
Head of Passes) near Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial sea 
boundary, and within the Mississippi River-Gulf outlet Safety Fairway 
specified in 33 CFR 166.200, to that channel's junction with the Inner 
Harbor Navigation Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from its 
junction with the Mississippi River to that canal's entry to Lake 
Pontchartrain at the New Seabrook vehicular bridge.
    (f) In addition to the radiotelephone required by paragraph (b) of 
this section, each vessel described in paragraph (a) of this section 
while transiting any waters within a Vessel Traffic Service Area, must 
have on board a radiotelephone capable of transmitting and receiving on 
the VTS designated frequency in Table 161.12(c) (VTS and VMRS Centers, 
Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

    Note: A single VHF-FM radio capable of scanning or sequential 
monitoring (often referred to as ``dual watch'' capability) will not 
meet the requirements for two radios.

[CGD 91-046, 57 FR 14485, Apr. 21, 1992; 57 FR 21740, May 22, 1992, as 
amended by CGD 90-020, 59 FR 36322, July 15, 1994; CGD 95-033, 60 FR 
28328, May 31, 1995; CGD 92-052, 61 FR 45325, Aug. 29, 1996; CGD-1999-
6141, 64 FR 69635, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003]



Sec. 26.04  Use of the designated frequency.

    (a) No person may use the frequency designated by the Federal 
Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), 
to transmit any information other than information necessary for the 
safe navigation of vessels or necessary tests.
    (b) Each person who is required to maintain a listening watch under 
section 5 of the Act shall, when necessary, transmit and confirm, on the 
designated frequency, the intentions of his vessel and any other 
information necessary for the safe navigation of vessels.
    (c) Nothing in these regulations may be construed as prohibiting the 
use of the designated frequency to communicate with shore stations to 
obtain or furnish information necessary for the safe navigation of 
vessels.
    (d) On the navigable waters of the United States, channel 13 (156.65 
MHz) is the designated frequency required to be monitored in accordance 
with Sec. 26.05(a) except that in the area prescribed in Sec. 
26.03(e), channel 67 (156.375 MHz) is the designated frequency.
    (e) On those navigable waters of the United States within a VTS 
area, the designated VTS frequency is an additional designated frequency 
required to be monitored in accordance with Sec. 26.05.

(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2))

[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 
FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 
21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 
60 FR 28329, May 31, 1995]



Sec. 26.05  Use of radiotelephone.

    Sec. ion 5 of the Act states that the radiotelephone required by this 
Act is for the exclusive use of the master or person in charge of the 
vessel, or the person designated by the master or person in charge to 
pilot or direct the movement of the vessel, who shall maintain a 
listening watch on the designated frequency. Nothing herein shall be 
interpreted as precluding the use of portable radiotelephone equipment 
to satisfy the requirements of this act.

[CGD 93-072, 59 FR 39963, Aug. 5, 1994]



Sec. 26.06  Maintenance of radiotelephone; failure of radiotelephone.

    Sec. ion 6 of the Act states:

    (a) Whenever radiotelephone capability is required by this Act, a 
vessel's radiotelephone equipment shall be maintained in effective 
operating condition. If the radiotelephone equipment carried aboard a 
vessel ceases to operate, the master shall exercise due diligence to 
restore it or cause it to be restored to effective operating condition 
at the earliest practicable time. The failure of a vessel's 
radiotelephone equipment shall not, in itself, constitute a violation of 
this

[[Page 107]]

Act, nor shall it obligate the master of any vessel to moor or anchor 
his vessel; however, the loss of radiotelephone capability shall be 
given consideration in the navigation of the vessel.



Sec. 26.07  Communications.

    No person may use the services of, and no person may serve as, a 
person required to maintain a listening watch under section 5 of the 
Act, 33 U.S.C. 1204, unless the person can communicate in the English 
language.

[CGD 90-020, 59 FR 36323, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995]



Sec. 26.08  Exemption procedures.

    (a) The Commandant has redelegated to the Assistant Commandant for 
Marine Safety, Sec. rity and Environmental Protection, U.S. Coast Guard 
Headquarters, with the reservation that this authority shall not be 
further redelegated, the authority to grant exemptions from provisions 
of the Vessel Bridge-to-Bridge Radiotelephone Act and this part.
    (b) Any person may petition for an exemption from any provision of 
the Act or this part;
    (c) Each petition must be submitted in writing to U.S. Coast Guard, 
Marine Safety, Sec. rity and Environmental Protection, 2100 Sec. nd Street 
SW., Washington, DC 20593-0001, and must state:
    (1) The provisions of the Act or this part from which an exemption 
is requested; and
    (2) The reasons why marine navigation will not be adversely affected 
if the exemption is granted and if the exemption relates to a local 
communication system how that system would fully comply with the intent 
of the concept of the Act but would not conform in detail if the 
exemption is granted.

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 
FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-
057, 60 FR 34150, June 30, 1995; CGD 96-026, 61 FR 33663, June 28, 1996; 
CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2002-12471, 67 FR 41331, 
June 18, 2002]



Sec. 26.09  List of exemptions.

    (a) All vessels navigating on those waters governed by the 
navigation rules for Great Lakes and their connecting and tributary 
waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the 
Vessel Bridge-to-Bridge Radiotelephone Act and this part until May 6, 
1975.
    (b) Each vessel navigating on the Great Lakes as defined in the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to 
which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-
1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, 
and 1205 and the regulations under Sec. Sec. 26.03, 26.04, 26.05, 
26.06, and 26.07. Each of these vessels and each person to whom 33 
U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, 
XV, and XVI and Technical Regulations 1-9 of ``The Agreement Between the 
United States of America and Canada for Promotion of Safety on the Great 
Lakes by Means of Radio, 1973.''

[CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-291, 39 
FR 44980, Dec. 30, 1974; CGD 83-003, 48 FR 7442, Feb. 18, 1983; CGD 91-
046, 57 FR 14486, Apr. 21, 1992]



PART 27_ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION--
Table of Contents




Sec. 
27.3 Penalty Adjustment Table.

    Authority: Sec. . 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by 
Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); 
Department of Homeland Sec. rity Delegation No. 0170.1, Sec. 2 (106).

    Source: CGD 96-052, 62 FR 16700, Apr. 8, 1997, unless otherwise 
noted.



Sec. 27.3  Penalty Table.

    Table 1 lists sections of the United States Code that authorize 
civil monetary penalties for laws administered by the Coast Guard. These 
penalties are assessable in either civil judicial or administrative 
proceedings. Table 1 is periodically amended to reflect relevant changes 
in the United States Code and to show adjustments in penalty amounts 
that are mandated by the

[[Page 108]]

Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, 
but Table 1 will not reflect statutory changes that may take effect 
subsequent to the most recent amendment of Table 1. In any case of 
conflict between Table 1 and the current provisions of the United States 
Code or another Federal statute, the current Code or statutory provision 
is controlling.

                                        Table 1--Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
                                                                                                     Inflation
                                                                                                    adjustments
             U.S. Code citation               Civil monetary penalty description     Statutory     per 1990 Act
                                                                                   penalty  ($)     as amended
                                                                                                        ($)
----------------------------------------------------------------------------------------------------------------
14 U.S.C. 88(c)............................  Saving Life and Property...........           5,000           6,500
14 U.S.C. 645(i)...........................  Confidentiality of Medical Quality            3,000           3,300
                                              Assurance Records (first offense).
14 U.S.C. 645(i)...........................  Confidentiality of Medical Quality           20,000          27,000
                                              Assurance Records (subsequent
                                              offenses).
16 U.S.C. 4711(g)(1).......................  Aquatic Nuisance Species in Waters           25,000          27,500
                                              of the United States.
19 U.S.C. 70...............................  Obstruction of Revenue Officers by            2,000           2,200
                                              Masters of Vessels.
19 U.S.C. 70...............................  Obstruction of Revenue Officers by              500             550
                                              Masters of Vessels--Minimum
                                              Penalty.
19 U.S.C. 1581(d)..........................  Failure to Stop Vessel When                   5,000            (**)
                                              Directed; Master, Owner, Operator
                                              or Person in Charge.
19 U.S.C. 1581(d)..........................  Failure to Stop Vessel When                   1,000            (**)
                                              Directed; Master, Owner, Operator
                                              or Person in Charge--Minimum
                                              Penalty.
33 U.S.C. 471..............................  Anchorage Ground/Harbor Regulations             100             110
                                              General.
33 U.S.C. 474..............................  Anchorage Ground/Harbor Regulations             200             220
                                              St. Mary's river.
33 U.S.C. 495(b)...........................  Bridges/Failure to Comply with              * 5,000           (***)
                                              Regulations.
33 U.S.C. 499(c)...........................  Bridges/Drawbridges................         * 5,000           (***)
33 U.S.C. 502(c)...........................  Bridges/Failure to Alter Bridge             * 5,000           (***)
                                              Obstructing Navigation.
33 U.S.C. 533(b)...........................  Bridges/Maintenance and Operation..         * 5,000           (***)
33 U.S.C. 1208(a)..........................  Bridge to Bridge Communication;                 500             650
                                              Master, Person in Charge or Pilot.
33 U.S.C. 1208(b)..........................  Bridge to Bridge Communication;                 500             650
                                              Vessel.
33 U.S.C. 1232(a)..........................  PWSA Regulations...................          25,000          32,500
33 U.S.C. 1236(b)..........................  Vessel Navigation: Regattas or                5,000           6,500
                                              Marine Parades; Unlicensed Person
                                              in Charge.
33 U.S.C. 1236(c)..........................  Vessel Navigation: Regattas or                5,000           6,500
                                              Marine Parades; Owner Onboard
                                              Vessel.
33 U.S.C. 1236(d)..........................  Vessel Navigation: Regattas or                2,500           2,750
                                              Marine Parades; Other Persons.
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances:                    10,000          11,000
                                              Discharges (Class I per violation).
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances:                    25,000          32,500
                                              Discharges (Class I total under
                                              paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances:                    10,000          11,000
                                              Discharges (Class II per day of
                                              violation).
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances:                   125,000         157,500
                                              Discharges (Class II total under
                                              paragraph).
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances:                    25,000          32,500
                                              Discharges (per day of violation)
                                              Judicial Assessment.
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances:                     1,000           1,100
                                              Discharges (per barrel of oil or
                                              unit discharged) Judicial
                                              Assessment.
33 U.S.C. 1321(b)(7)(B)....................  Oil/Hazardous Substances: Failure            25,000          32,500
                                              to Carry Out Removal/Comply With
                                              Order (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C)....................  Oil/Hazardous Substances: Failure            25,000          32,500
                                              to Comply with Regulation Issued
                                              Under 1321(j) (Judicial
                                              Assessment).
33 U.S.C. 1321(b)(7)(D)....................  Oil/Hazardous Substances:                     3,000           3,300
                                              Discharges, Gross Negligence (per
                                              barrel of oil or unit discharged)
                                              Judicial Assessment.
33 U.S.C. 1321(b)(7)(D)....................  Oil/Hazardous Substances:                   100,000         110,000
                                              Discharges, Gross Negligence-
                                              Minimum Penalty (Judicial
                                              Assessment).
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices;                    2,000           2,200
                                              Operating.
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices; Sale or            5,000           6,500
                                              Manufacture.
33 U.S.C. 1517(a)..........................  Deepwater Ports; Oil Discharge.....          10,000          11,000
33 U.S.C. 1608(a)..........................  International Navigation Rules;               5,000           6,500
                                              Operator.
33 U.S.C. 1608(b)..........................  International Navigation Rules;               5,000           6,500
                                              Vessel.
33 U.S.C. 1908(b)(1).......................  Pollution from Ships; General......          25,000          32,500

[[Page 109]]

 
33 U.S.C. 1908(b)(2).......................  Pollution from Ships; False                   5,000           6,500
                                              Statement.
33 U.S.C. 2072(a)..........................  Inland Navigation Rules; Operator..           5,000           6,500
33 U.S.C. 2072(b)..........................  Inland Navigation Rules; Vessel....           5,000           6,500
33 U.S.C. 2609(a)..........................  Shore Protection; General..........          25,000          32,500
33 U.S.C. 2609(b)..........................  Shore Protection; Operating Without          10,000          11,000
                                              Permit.
33 U.S.C. 2716a(a).........................  Oil Pollution Liability and                  25,000          32,500
                                              Compensation.
42 U.S.C. 9609(a)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Class I).
42 U.S.C. 9609(b)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Class II).
42 U.S.C. 9609(b)..........................  Hazardous Substances, Releases,              75,000          82,500
                                              Liability, Compensation (Class II
                                              subsequent offense).
42 U.S.C. 9609(c)..........................  Hazardous Substances, Releases,              25,000          27,500
                                              Liability, Compensation (Judicial
                                              Assessment).
42 U.S.C. 9609(d)..........................  Hazardous Substances, Releases,              75,000          82,500
                                              Liability, Compensation (Judicial
                                              Assessment subsequent offense).
46 U.S.C. App 1505(a)(2)...................  Safe Containers for International             5,000           6,500
                                              Cargo.
46 U.S.C. App 1805(c)(2)...................  Suspension of Passenger Service....          50,000          60,000
46 U.S.C. 2110(e)..........................  Vessel Inspection or Examination              5,000           6,500
                                              Fees.
46 U.S.C. 2115.............................  Alcohol and Dangerous Drug Testing.           5,000           5,500
46 U.S.C. 2302(a)..........................  Negligent Operations: Recreational            5,000           (***)
                                              Vessels.
46 U.S.C. 2302(a)..........................  Negligent Operations: Other Vessels          25,000           (***)
46 U.S.C. 2302(c)(1).......................  Operating a Vessel While Under the            5,000           5,500
                                              Influence of Alcohol or a
                                              Dangerous Drug.
46 U.S.C. 2306(a)(4).......................  Vessel Reporting Requirements:                5,000           6,500
                                              Owner, Charterer, Managing
                                              Operator, or Agent.
46 U.S.C. 2306(b)(2).......................  Vessel Reporting Requirements:                1,000           1,100
                                              Master.
46 U.S.C. 3102(c)(1).......................  Immersion Suits....................           5,000           6,500
46 U.S.C. 3302(i)(5).......................  Inspection Permit..................           1,000           1,100
46 U.S.C. 3318(a)..........................  Vessel Inspection; General.........           5,000           6,500
46 U.S.C. 3318(g)..........................  Vessel Inspection; Nautical School            5,000           6,500
                                              Vessel.
46 U.S.C. 3318(h)..........................  Vessel Inspection; Failure to Give            1,000           1,100
                                              Notice IAW 3304(b).
46 U.S.C. 3318(i)..........................  Vessel Inspection; Failure to Give            1,000           1,100
                                              Notice IAW 3309(c).
46 U.S.C. 3318(j)(1).......................  Vessel Inspection; Vessel = 1600 Gross Tons.
46 U.S.C. 3318(j)(1).......................  Vessel Inspection; Vessel < 1600              2,000           2,200
                                              Gross Tons.
46 U.S.C. 3318(k)..........................  Vessel Inspection; Failure to                10,000          11,000
                                              Comply with 3311(b).
46 U.S.C. 3318(l)..........................  Vessel Inspection; Violation of               5,000           6,500
                                              3318(b)-3318(f).
46 U.S.C. 3502(e)..........................  List/count of Passengers...........             100             110
46 U.S.C. 3504(c)..........................  Notification to Passengers.........          10,000          11,000
46 U.S.C. 3504(c)..........................  Notification to Passengers; Sale of             500             650
                                              Tickets.
46 U.S.C. 3506.............................  Copies of Laws on Passenger                     200             220
                                              Vessels; Master.
46 U.S.C. 3718(a)(1).......................  Liquid Bulk/Dangerous Cargo........          25,000          32,500
46 U.S.C. 4106.............................  Uninspected Vessels................           5,000           6,500
46 U.S.C. 4311(b)(1).......................  Recreational Vessels (maximum for           250,000           (***)
                                              related series of violations).
46 U.S.C. 4311(b)(1).......................  Recreational Vessels; Violation of            5,000           (***)
                                              4307(a).
46 U.S.C. 4311(c)..........................  Recreational vessels...............           1,000           1,100
46 U.S.C. 4507(a)..........................  Uninspected Commercial Fishing                5,000           6,500
                                              Industry Vessels.
46 U.S.C. 4703.............................  Abandonment of Barges..............           1,000           1,100
46 U.S.C. 5116(a)..........................  Load Lines.........................           5,000           6,500
46 U.S.C. 5116(b)..........................  Load Lines; Violation of 5112(a)...          10,000          11,000
46 U.S.C. 5116(c)..........................  Load Lines; Violation of 5112(b)...           5,000           6,500
46 U.S.C. 6103(a)..........................  Reporting Marine Casualties........          25,000          27,500
46 U.S.C. 6103(b)..........................  Reporting Marine Casualties;                  5,000           6,500
                                              Violation of 6104.
46 U.S.C. 8101(e)..........................  Manning of Inspected Vessels;                 1,000           1,100
                                              Failure to Report Deficiency in
                                              Vessel Complement.
46 U.S.C. 8101(f)..........................  Manning of Inspected Vessels.......          10,000          11,000
46 U.S.C. 8101(g)..........................  Manning of Inspected Vessels;                10,000          11,000
                                              Employing or Serving in Capacity
                                              not Licensed by USCG.
46 U.S.C. 8101(h)..........................  Manning of Inspected Vessels;                 1,000           1,100
                                              Freight Vessel < 100 GT, Small
                                              Passenger Vessel, or Sailing
                                              School Vessel.
46 U.S.C. 8102(a)..........................  Watchmen on Passenger Vessels......           1,000           1,100
46 U.S.C. 8103(f)..........................  Citizenship Requirements...........             500             650
46 U.S.C. 8104(i)..........................  Watches on Vessels; Violation of             10,000          11,000
                                              8104(a) or (b).

[[Page 110]]

 
46 U.S.C. 8104(j)..........................  Watches on Vessels; Violation of             10,000          11,000
                                              8104(c), (d), (e), or (h).
46 U.S.C. 8302(e)..........................  Staff Department on Vessels........             100             110
46 U.S.C. 8304(d)..........................  Officer's Competency Certificates..             100             110
46 U.S.C. 8502(e)..........................  Coastwise Pilotage; Owner,                   10,000          11,000
                                              Charterer, Managing Operator,
                                              Agent, Master or Individual in
                                              Charge.
46 U.S.C. 8502(f)..........................  Coastwise Pilotage; Individual.....          10,000          11,000
46 U.S.C. 8503.............................  Federal Pilots.....................          25,000          32,500
46 U.S.C. 8701(d)..........................  Merchant Mariners Documents........             500             650
46 U.S.C. 8702(e)..........................  Crew Requirements..................          10,000          11,000
46 U.S.C. 8906.............................  Small Vessel Manning...............          25,000          27,500
46 U.S.C. 9308(a)..........................  Pilotage: Great Lakes; Owner,                10,000          11,000
                                              Charterer, Managing Operator,
                                              Agent, Master or Individual in
                                              Charge.
46 U.S.C. 9308(b)..........................  Pilotage: Great Lakes; Individual..          10,000          11,000
46 U.S.C. 9308(c)..........................  Pilotage: Great Lakes; Violation of          10,000          11,000
                                              9303.
46 U.S.C. 10104(b).........................  Failure to Report Sexual Offense...           5,000           6,500
46 U.S.C. 10314(a)(2)......................  Pay Advances to Seamen.............             500             650
46 U.S.C. 10314(b).........................  Pay Advances to Seamen;                         500             650
                                              Remuneration for Employment.
46 U.S.C. 10315(c).........................  Allotment to Seamen................             500             650
46 U.S.C. 10321............................  Seamen Protection; General.........           5,000           5,500
46 U.S.C. 10505(a)(2)......................  Coastwise Voyages: Advances........           5,000           5,500
46 U.S.C. 10505(b).........................  Coastwise Voyages: Advances;                  5,000           5,500
                                              Remuneration for Employment.
46 U.S.C. 10508(b).........................  Coastwise Voyages: Seamen                     5,000           5,500
                                              Protection; General.
46 U.S.C. 10711............................  Effects of Deceased Seamen.........             200             220
46 U.S.C. 10902(a)(2)......................  Complaints of Unfitness............             500             650
46 U.S.C. 10903(d).........................  Proceedings on Examination of                   100             110
                                              Vessel.
46 U.S.C. 10907(b).........................  Permission to Make Complaint.......             500             650
46 U.S.C. 11101(f).........................  Accommodations for Seamen..........             500             650
46 U.S.C. 11102(b).........................  Medicine Chests on Vessels.........             500             650
46 U.S.C. 11104(b).........................  Destitute Seamen...................             100             110
46 U.S.C. 11105(c).........................  Wages on Discharge.................             500             650
46 U.S.C. 11303(a).........................  Log Books; Master Failing to                    200             220
                                              Maintain.
46 U.S.C. 11303(b).........................  Log Books; Master Failing to Make               200             220
                                              Entry.
46 U.S.C. 11303(c).........................  Log Books; Late Entry..............             150             165
46 U.S.C. 11506............................  Carrying of Sheath Knives..........              50              65
46 U.S.C. 12122(a).........................  Vessel Documentation...............          10,000          11,000
46 U.S.C. 12122(c).........................  Vessel Documentation; Fishery               100,000         110,000
                                              Endorsement.
46 U.S.C. 12309(b).........................  Numbering of Undocumented Vessels..           1,000           1,100
46 U.S.C. 12507(b).........................  Vessel Identification System.......          10,000          11,000
46 U.S.C. 14701............................  Measurement of Vessels.............          20,000          27,000
46 U.S.C. 14702............................  Measurement; False Statements......          20,000          27,000
46 U.S.C. 31309............................  Commercial Instruments and Maritime          10,000          11,000
                                              Liens.
46 U.S.C. 31330(a)(2)......................  Commercial Instruments and Maritime          10,000          11,000
                                              Liens; Mortgagor.
46 U.S.C. 31330(b)(2)......................  Commercial Instruments and Maritime          25,000          27,500
                                              Liens; Violation of 31329.
46 U.S.C. 70119............................  Port Sec. rity......................          25,000           (***)
49 U.S.C. 5123(a)(1).......................  Hazardous Materials: Related to              25,000          32,500
                                              Vessels.
49 U.S.C. 5123(a)(1).......................  Hazardous Materials: Related to                 250            275
                                              Vessels--Minimum Penalty.
----------------------------------------------------------------------------------------------------------------
* These penalties will increase in accordance with the statute to: $10,000 in 2005, $15,000 in 2006, $20,000 in
  2007, and $25,000 in 2008 and thereafter.
** Enacted under the Tariff Act of 1930, exempt from inflation adjustments.
*** These penalties did not qualify for an adjustment under the rounding rules of the Act.


[USCG-2003-15486, 70 FR 17, Jan. 3, 2005]

[[Page 111]]

                                  INDEX

                            SUBCHAPTER A_GENERAL

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Acceptance and disbursement of gifts
                                                                 17.05-5
Acceptance of facilities
                                                                    5.39
Acceptance of offer of settlement
                                                                  25.129
Access to vessels and waterfront facilities
                                                                  6.10-5
Action by claimant
                                                                  25.111
Action on appeals
                                                                 1.07-75
Additional response
                                                                  20.602
Administration
                                                                    5.07
Administrative Law Judges (ALJ)
                                                       Part 20-subpart B
Admiralty
                                                       Part 25-subpart B
Admissibility of evidence
                                                                  20.802
Admission to membership
                                                                    5.15
Advance notice of proposed rulemaking (ANPRM)
                                                                 1.05-30
Advancement
                                                                    5.23
ALJ
                                                                  20.902
Amendment or supplementation of filed documents
                                                                  20.305
Amount claimed
                                                                  25.513
Appeal
                                                                  25.409
Appeals
                                         1.07-70, 6.10-9, 25.125, 25.409
Applicability
                                                                  1.08-1
Application for membership
                                                                    5.13
Applications and recommendations
                                                                13.01-15
Approval of facility for dangerous cargo
                                                                  6.12-3
Areas, Atlantic and Pacific
                                                          3.04-1, 3.04-3
Assessment limitation on claims
                                                                  25.709
Assignment of functions
                                                                  3.01-5
Assignment of
                                                                  20.201
Assignments
                                                              5.27, 5.29
Assistance of other agencies
                                                                 6.04-11
Authority and power
                                                                    5.31
Authority to receive gifts
                                                                17.01-10
Authority, delegation of
                                                                    1.01
Auxiliary ensign
                                                                    5.47
Auxiliary patrol boat ensign
                                                                    5.48
Availability of decisions
                                                                 20.1103
Availability of Information
                                                          1.10-1, 1.10-5

                                 B

Bridge Permits
                                                                 1.01-60
Bridge-to-Bridge Radiotelephone Regulations for Vessels
                                                                 Part 26
Burden of proof
                                                                  20.702

[[Page 112]]

                                 C

Captains of the Port
                                                                 1.01-30
CERCLA
                                                                 1.01-70
Charges and Fees for Certain Records and Services
                                                            Subpart 1.25
Charges, fees or sales, payment of
                                                        1.25-80, 1.26-25
Chronological record of seaman's previous employment
                                                                   19.07
Civil and criminal penalties
                                                                 1.07-95
Civil and Criminal Penalty Proceedings
                                                     Part 1-subpart 1.07
Civil Monetary Penalties, Adjusted for Inflation
                                                                 Part 27
Civil penalty appeals decisions
                                                                 20.1004
Claimants excluded
                                                                  25.505
Claims Not Cognizable Under Other Law
                                                       Part 25-subpart F
Claims not payable
                                  25.205, 25.405, 25.509, 25.605, 25.805
Claims payable
                          25.203, 25.403, 25.507, 25.603, 25.703, 25.803
Class II Civil Penalties
                                                                 Part 20
Closing of the record
                                                                  20.709
Coast Guard Aircraft and Vessels, Distinctive Markings
                                                                 Part 23
Coast Guard Areas, Districts, Marine Inspection Zones, and Captain 
of the Port Zones
                                                                  Part 3
Coast Guard Auxiliary
                                                                  Part 5
Coast Guard commission pennant
                                                                   23.20
Coast Guard emblem
                                                                   23.10
Coast Guard ensign
                                                                   23.15
Coast Guard General Gift Fund
                                                                 Part 17
Coast Guard identifying insignia
                                                                   23.12
Coast Guard Reserve
                                                                  Part 8
Collection of civil penalties
                                                                 1.07-85
Commissioned, warrant, and petty officers
                                                                 1.01-90
Communications
                                                                   26.07
Compensation
                                                                    5.55
Complaint
                                                                  20.307
Computation of time
                                                                  20.306
Condition of waterfront facility (a danger to vessel(s))
                                                                  6.14-2
Conferences and Settlements
                                                       Part 20-subpart E
Conferences
                                                                  20.501
Confidential treatment, request for
                                                                 1.07-35
Consolidation or severance of
                                                                  20.403
Contents of claims
                                                                  25.113
Counsel
                                                                 1.07-40
Criminal penalties
                                                                 1.07-90

                                 D

Decisions, subject to change or modification
                                                                 2.10-10
Decoration, Medals, Ribbons, and Similar Devices
                                                                 Part 13
Definitions
                    1.07-5, 2.05-30, 5.01, 6.01, 13.01-20, 25.105, 26.02
Delegation of authority
                                                                  25.131
Depositions
                                                                  20.605
Description of gold and silver bars
                                                                13.01-35
Description of Gold Lifesaving Medal
                                                                13.01-25
Description of Silver Lifesaving Medal
                                                                13.01-30
Description, general
                                                                  3.01-1
Direct final rule
                                                                 1.05-55
Disclosure of evidence
                                                                 1.07-30
Discovery
                                                       Part 20-subpart F
Disenrollment
                                                                    5.17
Display
                                                                    4.02

[[Page 113]]

District Commander
                                                                  1.01-1
District Commander, Seventeenth CGD
                                                                 1.01-50
Districts
                                                                  Part 3
Documentation/inspection requests
                                                                  20.604
Documents, issuance of and employment of persons on board vessels 
                                                                  6.10-1

                                 E

Effect of other payments to claimant
                                                                  25.121
Eighth Coast Guard District
                                                                    3.40
Eleventh Coast Guard District
                                                                    3.55
Eligibility for membership
                                                                    5.09
Emergencies
                                                                    5.41
Enforcement
                                                                  6.04-1
Establishing security zones
                                                                  6.04-6
Evidence
                                                       Part 20-subpart H
Evidence supporting a claim
                                                                  25.115
Ex parte communications
                                                                  20.205
Exceptions
                                                                 1.25-30
Exemption procedures
                                                                   26.08
Exhibits and documents
                                                                  20.807

                                 F

Facilities, offer, acceptance, use, and return of
                                                  5.37, 5.39, 5.35, 5.45
Failure to appear
                                                                  20.705
Federal Tort Claims
                                                       Part 25-subpart C
Fees for services to the public
                                                                 1.25-40
Fifth Coast Guard District
                                                                    3.25
Filing of documents and other materials
                                                                  20.302
Final rule
                                                                 1.05-50
Finality
                                                                 20.1101
Finality, Petition for Hearing and Availability of Orders
                                                       Part 20-subpart K
First Coast Guard District
                                                                    3.05
Foreign Claims
                                                       Part 25-subpart E
Form and content of filed documents
                                                                  20.303
Fourteenth Coast Guard District
                                                                    3.70
Functions
                                                                     8.1
FWPCA and OPA 90
                                                                 1.01-80

                                 G

General supervision and control
                                                                  6.12-1
General
                                        13.01-1, 20.601, 20.801, 20.1001
Gold and silver bars
                                                                13.01-10
Gold and Silver Lifesaving Medals
                                                                 13.01-5

                                 H

Hearing Officer
                                                                 1.07-15
Hearing Officer's decisions
                                                                 1.07-65
Hearing procedures
                                                                 1.07-55
Hearings
                                                       Part 20-subpart G
Hearings, location and change of venue
                                                                 1.07-45
Hearings, reopening of
                                                                 1.07-80
Hearsay
                                                                  20.803
Honorary members
                                                                    5.25

[[Page 114]]

                                 I

Identification credentials
                                                                  6.10-7
Information and assistance
                                                                  25.103
Information, Coast Guard Reserve
                                                                     8.7
Initiation of
                                                                  20.401
Initiation of action
                                                                 1.07-20
Insignia
                                                                    5.63
Instruction for administration
                                                                17.05-10
Insurance and other subrogated claims
                                                                  25.109
Interested parties
                                                                  20.404
Interim final rule
                                                                 1.05-45
Interrogatories
                                                                  20.603

                                 J

Jurisdiction
                                                                  Part 2

                                 L

Limitations of rights, privileges, and benefits
                                                                    5.69
List of exemptions
                                                                   26.09

                                 M

Maintenance of radiotelephone; failure of
                                                                   26.06
Marine Safety and Sec. rity Council
                                                                  1.05-5
Medals
                                                                    5.65
Medals, replacement of
                                                                  1.26-5
Medical treatment and hospitalization
                                                                    5.59
Membership to military organizations
                                                                    5.11
Military Claims
                                                       Part 25-subpart D
Miniature medals and bars
                                                                13.01-40
Motions to quash or modify
                                                                  20.609

                                 N

Negotiated rulemaking
                                                                 1.05-60
Ninth Coast Guard District
                                                                    3.45
Notice of proposed rulemaking (NPRM)
                                                                 1.05-35
Notice of violation
                                                                 1.07-11

                                 O

Objections and offers of proof
                                                                  20.804
Oceanographic research
                                                                 1.25-48
Officer in Charge, Marine Inspection
                                                                 1.01-20
Official notice
                                                                  20.806
OMB control numbers
                                                                  Part 4
Organization of
                                                                     8.3
Organization
                                                                    5.05

                                 P

Penalty adjustment table
                                                                    27.3
Penalty
                                                                   23.30
Permits for commercial vessels handling explosives at Military 
installations
                                                                   19.15
Petitions for rulemaking
                                                                 1.05-20
Petitions to set aside a decision and provide a hearing
                                                                 20.1102
Pleadings and Motions
                                                       Part 20-subpart C

[[Page 115]]

Pollution Removal Damage Claims
                                                       Part 25-subpart H
Powers
                                                                  20.202
Preliminary matters
                                                                 1.07-25
Presumptions
                                                                  20.703
Procedure
                                                                  25.303
Procedures for appeal
                                                                 20.1003
Procedures for effecting individual waivers
                                                                   19.01
Procedures
                                                                  1.08-5
Proceedings
                                                       Part 20-subpart D
Processing and settlement of claims in foreign countries
                                                                  25.135
Proof of amount claimed for loss of, or damage to, property
                                                                  25.119
Proof of amount claimed for personal injury or death
                                                                  25.117
Proper claimants
                                                                  25.503
Proposed findings, closing arguments and briefs
                                                                  20.710
Proprietary information
                                                                  20.805
Protection and security of vessels, harbors, and waterfront 
facilities
                                                                  Part 6
Protective order
                                                                  20.606
Public docket
                                                                 1.05-25
Public notice
                                                                  20.402
Public vessels, aircraft, and radio stations
                                                                    5.43
Purpose of subpart
                                                                  25.101
Purpose
                               1.07-1, 1.25-1, 1.26-1, 4.01, 5.03, 26.01

                                 R

Radiotelephone required
                                                                   26.03
Ranks, titles, designations, or grades
                                                                    5.21
Reconsideration
                                                                  25.127
Record of proceedings
                                                                  20.903
Record on appeal
                                                                 20.1002
Records
                                                                 1.07-60
Re-delegation of authority
                                                                  25.133
Re-delegation
                                                                 1.01-85
Regulations for
                                                                     8.5
Regulatory process overview
                                                                 1.05-10
Reimbursement for expenses
                                                                    5.49
Reopening
                                                                  20.904
Replacement of medals and bars
                                                                13.01-45
Reporting and investigation
                                                                 1.07-10
Representation
                                                                  20.301
Rulemaking
                                                            Subpart 1.05
Rulemaking, delegation of authority
                                                                  1.05-1

                                 S

Sabotage and subversive activity, reporting of
                                                                  6.16-1
Sabotage, precautions against
                                                                  6.16-3
Safety measures
                                                                  6.14.1
Sales of non-excess personal property and services
                                                                 1.26-15
Sales to Coast Guard Auxiliary
                                                                 1.26-10
Sales to eligible foreign governments
                                                                 1.26-20
Sanctions for failure to comply
                                                                  20.607
Scheduling and notice of hearing
                                                                  20.704
Scope
           25.201, 25.301, 25.401, 26.01, 25.501, 25.601, 25.701, 25.801
Separation of functions
                                                                  20.206
Service of documents
                                                                  20.304
Settlement and notice to claimant
                                                  25.123, 25.515, 25.609
Settlement
                                                                  20.502
Seventeenth Coast Guard District
                                                                    3.85

[[Page 116]]

Seventh Coast Guard District
                                                                    3.35
Special admeasurement services
                                                                 1.25-45
Standard of proof
                                                                  20.701
Stipulations
                                                                  20.809
Subpoenas
                                                                  20.608
Summary decision
                                                                  20.901
Summons in lieu of seizure of commercial fishing vessels
                                                                1.07-100
Supplemental notice of proposed rulemaking (SNPRM)
                                                                 1.05-40

                                 T

Telephonic testimony
                                                                  20.707
Testimony by Coast Guard personnel and production of records in 
legal proceedings
                                                                  1.20-1
Thirteenth Coast Guard District
                                                                    3.65
Time limitation on claims
                                  25.207, 25.407, 25.511, 25.607, 25.707
Training
                                                                    5.19
Traveling expenses and per diem
                                                                    5.57

                                 U

Unavailability
                                                                  20.203
Uniform Code of Military Justice, Article 139
                                                       Part 25-subpart G
Uniforms
                                                                    5.61
Use of radiotelephone
                                                                   26.05
Use of the designated frequency
                                                                   26.04

                                 V

Vessel traffic service, Call signs
                                                                26.03(f)
Vessel types
                                                            19.04, 19.06
Vice Commandant
                                                                 1.01-40
Violations
                                                                  6.18-1

                                 W

Waivers of Navigation and Vessel Inspection Laws and Regulations 
                                                                 Part 19
Warnings, written by Coast Guard boarding officers
                                                     Part 1-subpart 1.08
Where and when displayed, Distinctive vessel/aircraft markings
                                                                   23.05
Withdrawal or disqualification
                                                                  20.204
Witness fees
                                                                  20.708
Witnesses
                                                                  20.706
Written testimony
                                                                  20.808

[[Page 117]]



                         SUBCHAPTER B_PERSONNEL





PART 40_CADETS OF THE COAST GUARD--Table of Contents




    Authority: 14 U.S.C. 182 and 633; 49 CFR 1.46(b))



Sec. 40.1  Program for appointing cadets.

    The Coast Guard conducts a program for appointing qualified men and 
women as cadets who are admitted to the Coast Guard Academy, New London, 
Connecticut. The Superintendent of the Coast Guard Academy tenders 
appointments on the basis of previous academic performance, reported 
College Entrance Examination Board or American College Testing scores, 
and the findings of a Cadet Candidate Evaluation Board, consisting of 
Coast Guard officers appointed by the Superintendent of the Coast Guard 
Academy, which reviews each applicant's personal qualifications. In 
addition, a Service Academy Medical Examination must be satisfactorily 
completed before appointment. Applications must be submitted on Coast 
Guard form CG-4151. This form, along with additional information on the 
Cadet appointment program, may be obtained from the Director of 
Admissions, U.S. Coast Guard Academy, New London, CT 06320.

[CGD 81-004, 46 FR 4912, Jan. 19, 1981, as amended by USCG-1999-5832, 64 
FR 34712, June 29, 1999]



PART 45_ENLISTMENT OF PERSONNEL--Table of Contents




Sec. 
45.1 Enlistment of personnel.
45.2 Records of enlistment of former service members.

    Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135; 49 
CFR 1.46(b).

    Source: CGD 82-087, 50 FR 13318, Apr. 4, 1985, unless otherwise 
noted.



Sec. 45.1  Enlistment of personnel.

    (a) The Coast Guard is a military service which operates within the 
Department of Homeland Sec. rity. All personnel enlisted in the Coast 
Guard are subject to the Uniform Code of Military Justice.
    (b) Any person desiring to enlist in the Coast Guard should apply at 
a Coast Guard Recruiting Office, or direct inquiries to, Coast Guard 
Recruiting Center, 4200 Wilson Boulevard, Suite 450, Arlington, VA 
22203. Enlistments in the Coast Guard shall be for general service and 
enlisted persons may be transferred as necessary from one unit to 
another. Original enlistments will be made only at regular recruiting 
offices unless otherwise directed by the Commandant. An original 
enlistment is the enlistment of an individual who has not had previous 
service in the Regular Coast Guard. In processing an application for 
enlistment, the Coast Guard will determine the mental, moral and 
physical fitness of the applicant through reference to local police 
files, character references, employers, school authorities and physical 
and mental examinations. Concealment of any fact, circumstance or 
condition existing prior to enlistment which would render the applicant 
ineligible for enlistment may subject the applicant to criminal 
penalties under the Uniform Code of Military Justice and/or 
administrative separation from the Coast Guard.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 45.2  Records of enlistment of former service members.

    Former members who have any questions about their service or who 
need information regarding their service should contact the nearest 
Coast Guard Recruiting Office or Coast Guard Recruiting Center, 4200 
Wilson Boulevard, Suite 450, Arlington, VA 20203.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]

[[Page 118]]



PART 49_PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT COAST
GUARD PERSONNEL--Table of Contents




                    Subpart 49.01_General Provisions

Sec. 
49.01-1 Applicability.
49.01-5 Requests for appointment of trustee.
49.01-10 Determination of incompetency.

                          Subpart 49.05_Trustee

49.05-1 Appointment of trustee.
49.05-5 Bonding of trustee.
49.05-10 Affidavits required.

                    Subpart 49.10_Reports and Moneys

49.10-1 Reports required.
49.10-5 Payment of moneys due.
49.10-10 Cessation of payments.
49.10-15 Final accounting by trustee.

                  Subpart 49.15_Additional instructions

49.15-1 Implementing instructions.

    Authority: Sec. . 1, 2, 3, 4, 64 Stat. 249, 250; 37 U.S.C. 351, 352, 
353, 354.

    Source: CGFR 51-48, 16 FR 10636, Oct. 18, 1951, unless otherwise 
noted.



                    Subpart 49.01_General Provisions



Sec. 49.01-1  Applicability.

    The Commandant of the Coast Guard is hereby designated and is 
authorized to appoint, in his discretion, the person or persons who may 
receive active-duty pay and allowances, amounts due for accumulated or 
accrued leave, or any retired or retainer pay, otherwise payable to 
personnel on the active or retired list of the Coast Guard and Coast 
Guard Reserve, entitled to Federal pay either on the active or any 
retired list of said service, who, in the opinion of competent medical 
authority, have been determined to be mentally incapable of managing 
their own affairs, and for whom no legal committee, guardian, or other 
representative has been appointed by a court of competent jurisdiction.



Sec. 49.01-5  Requests for appointment of trustee.

    Requests for the appointment of a person or persons to receive 
moneys due personnel believed to be mentally incapable of managing their 
own affairs shall be submitted to the Commandant of the Coast Guard:
    (a) By any person or persons who believe, because of relationship, 
they should be appointed to receive payments on behalf of the alleged 
incompetent;
    (b) By the Commanding Officer of the alleged incompetent if the 
latter is on active duty;
    (c) By the Commanding Officer of any Armed Forces hospital in which 
the mentally incompetent is undergoing treatment;
    (d) By the head of any veterans' hospital, or other public or 
private institution in which the alleged incompetent is undergoing 
treatment;
    (e) By any other person or organization acting for and in the best 
interests of the alleged mentally incompetent.



Sec. 49.01-10  Determination of incompetency.

    After examining the legitimacy, substance, and sufficiency of the 
application, the Commandant shall either (a) direct the Commanding 
Officer of the alleged mentally incompetent, (b) the Commanding Officer 
of the Coast Guard unit to which such incompetent may be conveniently 
referred, or (c) request the Surgeon General of the Public Health 
Service to convene or appoint, at the Public Health Hospital or 
facility, where the alleged incompetent is receiving treatment or to 
which his case may be conveniently referred, a board of not less than 
three qualified medical officers, one of whom shall be specially 
qualified in the treatment of mental disorders, to determine whether the 
alleged incompetent is capable of managing his own affairs. The record 
of proceedings, and the findings of the board shall, after action by the 
Convening or Appointive Authority thereon, be forwarded to the 
Commandant.



                          Subpart 49.05_Trustee



Sec. 49.05-1  Appointment of trustee.

    Upon receipt of a finding by a board convened or appointed in 
accordance with Sec. 49.01-10, that the alleged incompetent is mentally 
incapable of managing his own affairs, the Commandant may appoint a 
suitable person or persons, not under legal disability so to

[[Page 119]]

act, as trustee or trustees to receive in behalf of the incompetent all 
amounts due the incompetent from such sources set forth in Sec. 49.01-
1, and to use said funds in the best interests of the incompetent.



Sec. 49.05-5  Bonding of trustee.

    The trustee or trustees appointed to receive moneys in behalf of 
incompetent personnel shall furnish a bond in all cases when the amounts 
to be received may be expected to exceed $1,000, and in such other cases 
when deemed appropriate by the Commandant. The bond so required and 
furnished shall have as surety a company approved by the Federal 
Government, and shall be in such amount as is required by the 
Commandant. Such bonds shall be continued in effect for the life of 
trusteeship and expenses in connection with the furnishing and renewal 
of such bonds may be paid out of sums due the incompetent.



Sec. 49.05-10  Affidavits required.

    The trustee or trustees appointed to receive moneys due incompetent 
personnel shall, prior to the payment of any such moneys, execute and 
file with the Commandant an affidavit or affidavits saying and deposing 
that any moneys henceforth received by virtue of such appointment shall 
be applied solely to the use and benefit of the incompetent and that no 
fee, commission, or charge shall be demanded, or in any manner accepted, 
for any service or services rendered in connection with such appointment 
as trustee or trustees.



                    Subpart 49.10_Reports and Moneys



Sec. 49.10-1  Reports required.

    The trustee or trustees so appointed shall submit reports annually, 
or at such other times as the Commandant may designate. The report shall 
show a statement of the conditions of the trust account at the time of 
the submission of the report, including all funds received on behalf of 
the incompetent; all expenditures made in behalf of the incompetent, 
accompanied by receipts or vouchers covering such expenditures; and a 
receipt indicating that the surety bond required by Sec. 49.05-5 has 
been renewed. When the trustee is the spouse or adult dependent of the 
incompetent, receipts or vouchers need not be filed for expenditures 
made for living expenses. If the trustee or trustees fail to report 
promptly and properly at the end of any annual period or at such other 
times as the Commandant desires, the Commandant may, in his discretion, 
cause payment to such trustee or trustees to cease, and may, if deemed 
advisable, appoint another person or persons not under legal disability 
so to act, to receive future payments of moneys due the incompetent for 
the use and benefit of the incompetent.



Sec. 49.10-5  Payment of moneys due.

    Upon the appointment of a trustee or trustees to receive moneys due 
an incompetent, the authorized certifying officer having custody of that 
person's pay record shall be advised. After such notification, payments 
of moneys due the incompetent may be made by the appropriate officer in 
accordance with procedure prescribed by the Commandant. All such 
payments so made, however, shall be made to the designated trustee or 
trustees.



Sec. 49.10-10  Cessation of payments.

    (a) Payments of amounts due incompetent personnel shall cease to be 
paid to the trustee or trustees upon receipt of notification by the 
authorized certifying officer of the occurrence of any of the following:
    (1) Death of the incompetent;
    (2) Death or disability of the trustee or trustees appointed;
    (3) Receipt of notice that a committee, guardian, or other legal 
representative has been appointed for the incompetent by a court of 
competent jurisdiction;
    (4) Failure of the trustee or trustees to render the reports 
required by Sec. 49.10-1;
    (5) That there is probable cause to believe that moneys received on 
behalf of the incompetent have been, or are being, improperly used;
    (6) A finding by a board of medical officers that the heretofore 
incompetent is mentally capable of managing his own affairs;

[[Page 120]]

    (7) That the Commandant deems it to be in the best interest of the 
incompetent.
    (b) In the event of termination of payments under paragraphs (a)(2), 
(4), (5), or (7) of this section, the Commandant may, if deemed 
appropriate, appoint a successor trustee or trustees. The successor 
trustee or trustees, so appointed, shall comply with the provisions of 
the regulations and instructions in this part issued thereunder, and do 
all acts in the manner required of the original trustee or trustees.



Sec. 49.10-15  Final accounting by trustee.

    The trustee or trustees, when payments, hereunder are terminated, 
shall file a final account with the said Commandant. Thereupon, the 
trustee or trustees will be discharged and the surety released. In event 
of death or disability of the trustee, the final accounting will be 
filed by his legal representative.



                  Subpart 49.15_Additional Instructions



Sec. 49.15-1  Implementing instructions.

    The Commandant is hereby authorized to issue such instructions not 
in conflict with the regulations in this part as may be necessary from 
time to time to give full force and effect thereto.



PART 50_COAST GUARD RETIRING REVIEW BOARD--Table of Contents




Sec. 
50.1 Establishment and duties of Board.
50.2 Composition of Board.
50.3 Request for review.
50.4 Presentation of case.
50.5 Action by the Board.
50.6 Notification of final action.

    Authority: Sec. 8, 18 Stat. 127, as amended, Sec. 302, 58 Stat. 287, 
as amended; 14 U.S.C. 92, 38 U.S.C. 693i.
    Note: For the text of waivers of navigation and vessel inspection 
laws and regulations, see Part 19 of this chapter.



Sec. 50.1  Establishment and duties of Board.

    (a) A Retiring Review Board, referred to in this part as the Board, 
is hereby established in the Coast Guard.
    (b) It will be the duty of the Board to review, at the request of 
any Coast Guard officer retired or released to inactive service, without 
pay, for physical disability, pursuant to the decision of a retiring 
board, the findings and decision of the retiring board. The term 
``retired or released to inactive service'' includes every kind of 
separation from the service.
    (c) After reviewing the findings and decision of a retiring board 
the Board will affirm or reverse, in whole or in part, the findings and 
decision of the retiring board.
    (d) In carrying out its duties the Board shall have the same powers 
as exercised by, or vested in, the retiring board whose findings and 
decision are being reviewed.

[10 FR 5650, May 17, 1945]



Sec. 50.2  Composition of Board.

    (a) The Board will be composed of five commissioned officers 
designated for each case from a panel appointed by the Commandant. The 
senior Coast Guard members of the panel will designate the members of 
the Board for each case, three of whom shall be officers of the Coast 
Guard and two of whom shall be officers of the Public Health Service.
    (b) The senior Coast Guard member of the Board will be President and 
the junior Coast Guard member will be Recorder.
    (c) The Board will convene at the time and place designated by the 
President for each case, and will recess and adjourn at his order.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, as 
amended by CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.3  Request for review.

    (a) Any officer of the Coast Guard who is retired or released to 
inactive service, without pay, for a physical disability, pursuant to 
the decision of a Coast Guard retiring board, may request a review of 
the findings and decision of the retiring board.
    (b) An application requesting a review must be in writing and shall 
be addressed to the Retiring Review Board, Coast Guard Headquarters,

[[Page 121]]

Washington D.C. 20226. Forms for application for review will be provided 
upon request.
    (c) An application requesting a review shall contain:
    (1) The full name of the applicant;
    (2) The mailing address of the applicant;
    (3) A brief statement setting out the basis of the request for 
review, showing in general the nature of error or inequity believed to 
have occurred in the findings and decision of the retiring board;
    (4) The corrective action requested;
    (5) Whether the applicant desires to appear before the Board in 
person;
    (6) Whether the applicant will be represented by counsel, and if so, 
the name and address of counsel.
    (d) No request for review shall be valid, and the Board will not 
consider an application, unless filed within fifteen years after the 
date of retirement for disability, or after the effective date of the 
act of June 22, 1944, whichever is the later.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.4  Presentation of case.

    (a) The applicant may present his case:
    (1) Solely by written application, or by written application 
together with any additional written evidence or argument that he may 
desire to submit;
    (2) At a hearing before the Board.
    (b) The case of an applicant may be presented by his counsel. The 
term ``counsel'' includes members of the bar in good standing, 
accredited representatives of veterans' organizations recognized by the 
Veterans' Administration under section 200 of the act of June 29, 1936 
(49 Stat. 2031, 38 U. S. C. 101), and any other person approved by the 
Board.
    (c) If an applicant signifies a desire to present his case at a 
hearing, the Board will give him written notice of the place of his 
hearing, and of the time, which shall be at least thirty days after the 
time of mailing the notice.
    (d) The Board may, upon its own motion or at the request of the 
applicant or his counsel, grant a continuance whenever it appears 
necessary, in the judgment of the Board, in order to insure a thorough, 
complete and equitable hearing.
    (e) The case of any applicant who fails to appear, either in person 
or by counsel, after being duly notified of the time and place of the 
hearing will be decided upon the written application and such other 
evidence as is available to the Board.
    (f) As far as practicable the hearings of the Board will be 
conducted in accordance with the pertinent instructions contained in 
Coast Guard Boards, 1935, as amended, except that:
    (1) Physical examination of the applicant is not mandatory, but the 
Board may request that he submit to physical examination by physicians 
of the Board's choice in any case in which it appears to the 
satisfaction of the Board to be essential;
    (2) The medical members of the Board will not submit a report and 
will not be subject to examination.
    (g) Evidence may be submitted to the Board by oral testimony under 
oath, or in the form of depositions or affidavits. Witnesses appearing 
before the Board will be subject to examination or cross-examination, as 
the case may be, by members of the Board and the applicant or his 
counsel.
    (h) The Board will consider all available service records and all 
matter adduced by the applicant that bears upon the merits of the case. 
It will not be restricted by the rules of evidence.
    (i) Classified matter of the Coast Guard will not be made available 
to an applicant or his counsel. The Board will, when it deems it 
necessary in the interest of justice and compatible with the public 
interest, make available a summary of relevant classified matter.
    (j) The Government will not assume or pay any expenses incurred by 
an applicant, or by his witnesses or counsel.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.5  Action by the Board.

    (a) After a complete and thorough review of the evidence before it 
the Board will, in closed session, deliberate and make its decision 
affirming or reversing the findings and decision of the retiring board 
being reviewed.

[[Page 122]]

    (b) If the Board reverses the findings of the retiring board being 
reviewed, it will make complete findings, including:
    (1) Whether the applicant was incapacitated for active service;
    (2) If so, the disability causing the incapacity;
    (3) Whether the incapacity is permanent;
    (4) Whether the incapacity was the result of an incident of service 
or incurred in the line of duty;
    (5) Whether the incapacity was the result of the applicant's own 
vicious habits;
    (6) In the case of Reserve officers and officers who have served 
under temporary appointments, when the physical disability was incurred.
    (c) The findings and decision of a majority of the Board will 
constitute the findings and decision of the Board Members who do not 
concur with the majority may file a minority report.
    (d) When the Board has concluded its proceedings in any case the 
Recorder will prepare a complete record thereof including (1) the 
application for review (2) a transcript of the hearing, if any (3) 
affidavits, briefs, and written agreements filed in the case, (4) the 
findings and decision of the Board, and (5) all other papers and 
documents necessary to reflect a true and complete record of the 
proceedings. This complete record will be transmitted to the Commandant 
for appropriate action.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, 
and amended at CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.6  Notification of final action.

    The officer requesting the interview will be notified by letter of 
the final action taken in the case.

[CGFR 48-73, 13 FR 9333, Dec. 31, 1948]



PART 51_COAST GUARD DISCHARGE REVIEW BOARD--Table of Contents




Sec. 
51.1 Basis and purpose.
51.2 Authority.
51.3 Applicability and scope.
51.4 Definitions.
51.5 Objective of review.
51.6 Propriety standard of review.
51.7 Equity standard of review.
51.8 Relevant considerations.
51.9 Discharge review procedures.
51.10 Decisions.
51.11 Records.

    Authority: 10 U.S.C. 1553; Pub. L. 107-296, 116 Stat. 2135.

    Source: CGD 81-104, 50 FR 41495, Oct. 11, 1985, unless otherwise 
noted.



Sec. 51.1  Basis and purpose.

    This part establishes the procedures for review of administrative 
discharges from the Coast Guard by a Discharge Review Board (DRB) or by 
the Sec. etary of the Department, and for the compilation of the record 
of the DRB determination, made available for public inspection, copying 
and distribution through the Armed Forces Discharge Review/Correction 
Board Reading Room.



Sec. 51.2  Authority.

    (a) The Sec. etary of Homeland Sec. rity has the authority to 
establish a Discharge Review Board (DRB) to review the discharge of a 
former member of the United States Coast Guard under the provisions of 
10 U.S.C. 1553. This part prescribes the establishment and outlines the 
procedures of the Coast Guard Discharge Review Board. The Sec. etary 
retains the authority to review and take final action on the DRB's 
findings in the following cases:
    (1) Those cases in which a minority of the board requests that their 
written opinion be forwarded to the Sec. etary for consideration;
    (2) Those cases selected by the Commandant to inform the Sec. etary 
of aspects of the board's functions which may be of interest to the 
Sec. etary;
    (3) Any case in which the Sec. etary demonstrates an interest;
    (4) Any case which the President of the board believes is of 
significant interest to the Sec. etary.
    (b) The Commandant of the Coast Guard is delegated the authority to:
    (1) Appoint members to serve on the Discharge Review Board;
    (2) Appoint alternates to serve on the DRB in the event that a 
regularly appointed member is unavailable;
    (3) Designate a member as the President of the DRB; and

[[Page 123]]

    (4) Review and take final action on all DRB decisions which are not 
reviewed by the Sec. etary.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 51.3  Applicability and scope.

    The provisions of this part apply to the United States Coast Guard 
including reserve-components and all former members who have been 
discharged within 15 years of the date upon which application for review 
is received by the DRB. A former member may apply to the DRB for a 
change in the character of, and/or the reason for, the discharge. The 
Coast Guard DRB review is generally applicable only to administrative 
discharges, however, the DRB may review the discharge of a former member 
by sentence of a court-martial for the purpose of clemency. A petition 
for clemency will not be considered by the DRB unless the applicant has 
exhausted all appellate remedies. Upon a petition for clemency, the DRB 
shall consider only the equity of the discharge awarded.



Sec. 51.4  Definitions.

    Applicant. A former member of the Coast Guard who has been 
discharged from the service but excluding those discharged by sentence 
of a court-martial, except as provided in Sec. 51.3. If the former 
member is deceased or incompetent, the term ``applicant'' includes the 
surviving spouse, next-of-kin, or legal representative who is acting on 
behalf of the former member.
    Counsel. An individual or agency designated by the applicant who 
agrees to represent the applicant in a case before the DRB. It includes, 
but is not limited to: A lawyer who is a member of the bar of a federal 
court or of the highest court of a state; an accredited representative 
designated by an organization recognized by the Administrator of 
Veterans Affairs; a representative from a state agency concerned with 
veterans affairs; or a representative from private organizations or 
local government agencies.
    Discharge. Any formal separation of a member from the Coast Guard 
which is not termed ``honorable'', including dismissals and ``dropping 
from the rolls''. This term also includes the assignment of a separation 
program designator, separation authority, the stated reason for the 
discharge, and the characterization of service.
    Discharge Review. The process by which the reason for separation, 
the procedures followed in accomplishing separation, and the 
characterization of service are evaluated. This includes determinations 
made under the provisions of 38 U.S.C. 3103(e)(2).
    Discharge Review Board. A board consisting of five members of the 
U.S. Coast Guard, appointed by the Commandant of the Coast Guard and 
vested with the authority to review the discharge of a former member. 
The board is empowered to change a discharge or issue a new discharge to 
reflect its findings, subject to review by the Commandant or the 
Sec. etary.
    Hearing. A proceeding which, upon request of the applicant, is 
utilized in the discharge review process enabling the applicant and/or 
the applicant's representative to appear before the DRB and present 
evidence.
    President. An officer of the United States Coast Guard appointed by 
the Commandant as President to preside over the DRB. The President will 
convene the board and may also serve as a member. If the President does 
not serve as a member of the DRB, the President shall designate a 
presiding officer for the board to serve as President.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.5  Objective of review.

    The objective of the discharge review is to examine the propriety 
and equity of the applicant's discharge and to effect changes if 
necessary. The DRB will utilize its discretion to reach a fair and just 
resolution of the applicant's claim. The standards of review and the 
underlying factors which aid in determining whether the standards are 
met shall be historically consistent with criteria for determining 
honorable service. No factors shall be established which require 
automatic change, or denial of change, in a discharge.

[[Page 124]]



Sec. 51.6  Propriety standard of review.

    A discharge is deemed to be proper except that:
    (a) A discharge may be improper if an error of fact, law, procedure, 
or discretion was associated with the discharge at the time of issuance 
which prejudiced the rights of the applicant.
    (b) A discharge may be improper if there has been a change in policy 
by the Coast Guard made expressly retroactive to the type of discharge 
under consideration.



Sec. 51.7  Equity standard of review.

    (a) A discharge is presumed to be equitable and will not be changed 
under this section unless the applicant submits evidence sufficient to 
establish, to the satisfaction of the DRB that:
    (1) The policies and procedures under which the applicant was 
discharged differ in material respects from policies and procedures 
currently applicable on a service-wide basis to discharges of that type, 
provided that current policies or procedures represent a substantial 
enhancement of the rights afforded a party in such proceedings, and 
there is substantial doubt that the applicant would have received the 
same discharge if relevant current policies and procedures had been 
available to the applicant at the time of the discharge proceedings 
under consideration; or
    (2) At the time of issuance, the discharge was inconsistent with 
standards of discipline in the Coast Guard; or
    (3) The applicant's military record and other evidence presented to 
the DRB, viewed in conjunction with the factors listed in Sec. 51.8 and 
the regulations under which the applicant was discharged, do not fairly 
justify the type of discharge received.
    (b) If the applicant was discharged with a characterized discharge 
before June 15, 1983, a change from the characterized discharge to an 
uncharacterized discharge will not be considered under the provisions of 
(a)(1) of this section unless specifically requested by the applicant. A 
determination that a discharge is inequitable according to the 
provisions of (a)(2) or (a)(3) of this section shall entitle the 
applicant to a discharge of a type to which the applicant was entitled 
at the time the original discharge was issued.



Sec. 51.8  Relevant considerations.

    In determining the equity and propriety of a former member's 
discharge, the DRB shall consider all relevant evidence presented by the 
applicant. The DRB review will include, but is not limited to, 
consideration of the following factors:
    (a) The quality of the applicant's service. In determining the 
quality of the applicant's service, the DRB may consider the applicant's 
dates and periods of service; rate or rank achieved; marks and 
evaluations received; awards, decorations and letters of commendation; 
acts of merit; combat service and wounds received; promotions and 
demotions; prior military service and type of discharge; records of 
unauthorized absence; records of non-judicial punishment; convictions by 
court-martial; records of conviction by civil authorities while a member 
of the Coast Guard; and any other relevant information respecting the 
applicant which is brought to the board's attention.
    (b) The applicant's capability to serve. In determining the 
applicant's capability to serve, the DRB considers such factors as the 
applicant's age and education; qualification for reenlistment; 
capability to adjust to military service; and family or personal 
problems.
    (c) Any evidence of arbitrary, capricious or discriminatory actions 
by individuals in authority over the applicant.
    (d) Any other information respecting the applicant considered by the 
DRB to be relevant and material to the review of the applicant's 
discharge.



Sec. 51.9  Discharge review procedures.

    (a) Preliminary. Prior to a review, applicants or their 
representatives may obtain copies of military records by submitting a 
Standard Form 180, Request Pertaining to Military Records, to the 
National Personnel Records Center (NPRC), 9799 Page Boulevard, St. 
Louis, MO. 72132. The request to the NPRC should be submitted prior to 
submitting the application for review, so that relevant information from 
the

[[Page 125]]

record can be included with the application.
    (b) Initiation of review. Review may be initiated by an applicant or 
by the DRB. The applicant may apply for DRB review of discharge by 
submitting DD Form 293, Application for Review of Discharge or 
Separation from the Armed Forces of the United States, along with any 
other statements, affidavits or documentation desired by the applicant. 
The application must be received by the DRB within fifteen (15) years of 
the date of the discharge. The application form can be obtained, along 
with explanatory matter, from Commandant, (G-WPM), U.S. Coast Guard 
Headquarters, 2100 2nd Street SW., Washington, DC 20593, any regional VA 
office, or by writing to the Armed Forces Review/Correction Board 
Reading Room, Pentagon Concourse, Washington, DC 20310.
    (c) Notice. (1) The DRB will provide notification advising the 
former member of--
    (i) Receipt of the applicant's request;
    (ii) The right to appear before the board in person or by counsel; 
and
    (iii) The date of review.

If the former member is deceased, written notice of DRB review will be 
sent to the surviving spouse, next of kin or legal representative of the 
former member. If the review is initiated by the DRB, notification will 
be sent to the last known address of the former member.
    (2) Prior to the initiation of the decision process, the DRB will 
notify the former member of the date by which requests to examine the 
documents to be considered by the board must be received. This notice 
will also state the date by which a request for a hearing must be made 
and the deadline for filing responses to the board.
    (3) An applicant who requests a hearing will be notified of the time 
and place of the hearing. All expenses incurred by the applicant in DRB 
proceedings and hearings are the sole responsibility of the applicant 
and are not obligations of the U.S. Coast Guard or the Department of 
Transportation. If the applicant fails to appear, except as provided in 
Sec. 51.9(f), the DRB will review the discharge and reach a decision 
based upon the evidence of record.
    (d) Withdrawal of application. An applicant may withdraw an 
application without prejudice at any time before the scheduled review. 
An application which is withdrawn will not stay the running of the 15 
year statutory limitation imposed on the authority of the DRB to review 
the discharge.
    (e) The DRB will consider the records and other data submitted by 
the applicant. The DRB may consider other probative evidence provided 
that all materials relied on by the DRB, except classified documents, 
are made available to the applicant and applicant's representative prior 
to the hearing date (or review date if no hearing is requested). The DRB 
shall not consider a classified document in the review of a discharge 
unless a summary of, or extract from, the document (deleting all 
reference to sources of information and other matters, the disclosure of 
which would, in the opinion of the classifying authority, be detrimental 
to the security interests of the United States) is made available to the 
applicant.
    (f) Postponement of review or hearing. At any time before the date 
of scheduled review or hearing, an applicant may be granted a 
continuance, provided the applicant or the applicant's counsel makes a 
written request for additional time to the DRB which shows good cause to 
justify the postponement.
    (g) Hearing procedures. The following procedures apply to DRB 
hearings:
    (1) DRB hearings are not public. Presence at hearings is limited to 
persons authorized by the Commandant or expressly requested by the 
applicant, subject to reasonable limitations based upon available space.
    (2) The Federal Rules of Evidence are not applicable to DRB 
proceedings. The presiding officer rules on matters of procedure and 
ensures that reasonable bounds of relevancy and materiality are adhered 
to in the taking of evidence.
    (3) An applicant is permitted to make a sworn or unsworn statement. 
Witness testimony will only be taken under oath or affirmation. An 
applicant or witness who makes a statement may be questioned by the DRB.

[[Page 126]]

    (4) An applicant may make oral or written argument personally or 
through his or her representative.
    (h) Reconsideration. The decision of the DRB may not be reconsidered 
unless--
    (1) The only previous consideration of the case was on the motion of 
the DRB;
    (2) Changes in discharge policy occur; or
    (3) New, substantial, relevant evidence, not available to the 
applicant at the time of the original review, is submitted to the DRB.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.10  Decisions.

    (a) The DRB will make written findings and conclusions with respect 
to all disputed facts and issues. The decision of the DRB is governed by 
the vote of a majority of the board.
    (b) A decision document is prepared for each review conducted by the 
DRB. This document contains--
    (1) The date, character of, and reason for the discharge including 
the specific authority under which the discharge was issued;
    (2) The specific change(s) requested by the applicant;
    (3) A list of the issues raised by the applicant;
    (4) The circumstances and character of the applicant's service, as 
extracted from the service record, health record and other evidence 
presented to the DRB;
    (5) References to documentary evidence, testimony or other material 
relied on by the DRB in support of its decision;
    (6) A statement of the DRB's findings with respect to each issue 
raised by the applicant;
    (7) A summary of the rationale and a statement of the DRB's 
conclusions as to whether any change, correction or modification should 
be made in the type or character of the discharge or the reason and 
authority for the discharge; and
    (8) A statement of the particular changes, correction, or 
modification made by the DRB.



Sec. 51.11  Records.

    (a) The record of the discharge review will include--
    (1) The application for review;
    (2) A summarized record of the testimony and a summary of evidence 
considered by the DRB other than information contained in the service 
records;
    (3) Briefs or written arguments submitted by or on behalf of the 
applicant;
    (4) The decision of the DRB;
    (5) Advisory opinions relief upon for the final action; and
    (6) The final action on the DRB decision by the Commandant or 
Sec. etary.
    (b) The record of the discharge review is incorporated into the 
service record of the applicant.
    (c) A copy of the decision of the DRB and the final action thereon 
is made available for public inspection and copying promptly after a 
notice of the final decision is sent to the applicant. However, to the 
extent required for the protection of privacy rights, identifying 
details of the applicant and other persons are deleted from the public 
record.
    (1) DRB documents made available for public inspection and copying 
are located in the Armed Forces Discharge Review/Correction Board 
Reading Room. The documents are indexed so as to enable the public to 
determine why relief was granted or denied. The index includes the case 
number, the date, character of, reason for, and authority for the 
discharge and is maintained at Coast Guard Headquarters and the Armed 
Forces Reading Room. The Armed Forces Discharge Review/Correction Board 
Reading Room publishes indexes quarterly for all boards.
    (2) Correspondence relating to matters under the cognizance of the 
Reading Room (including requests for purchase of indexes) should be 
addressed to: Armed Forces Discharge Review/Correction Board Reading 
Room, The Pentagon Concourse, Washington, DC 20310.

[[Page 127]]



PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE
COAST GUARD--Table of Contents




                     Subpart A_Purpose and Authority

Sec. 
52.1 Purpose.
52.2 Authority.

      Subpart B_Establishment, Function, and Jurisdiction of Board

52.11 Establishment and composition.
52.12 Function.
52.13 Jurisdiction.

           Subpart C_General Provisions Regarding Applications

52.21 General requirements.
52.22 Time limit for filing application.
52.23 Counsel.
52.24 Evidence and burden of proof.
52.25 Access to official records.
52.26 Right to timely decision; effect of requests for extensions, 
          changes in requests for relief, and late submissions of 
          evidence.
52.27 Withdrawal of application.
52.28 Stay of proceedings.

    Subpart D_Consideration of Application and Administrative Closure

52.31 Consideration of application.
52.32 Administrative closure.

       Subpart E_Submissions by the Coast Guard and Other Offices

52.41 Assistance.
52.42 Views of the Coast Guard.
52.43 Requests for further information; submissions of classified, 
          privileged, and sensitive information.

                           Subpart F_Hearings

52.51 General provision.
52.52 Notice of hearing.
52.53 Witnesses.
52.54 Expenses.
52.55 Nonappearance.
52.56 Conduct of hearing.
52.57 Record of hearing.

                   Subpart G_Judgment and Disposition

52.61 Deliberations and decision.
52.62 Minority report.
52.63 Record of proceedings.
52.64 Final action.
52.65 Orders.
52.66 Notification.
52.67 Reconsideration.

        Subpart H_Payment of Claims and Implementation of Orders

52.71 Authority to pay.
52.72 Implementation of orders.
52.73 Interpretation.
52.74 Report of settlement.

                  Subpart I_Public Access to Decisions

52.81 Reading room and index.

    Authority: 10 U.S.C. 1552; 14 U.S.C. 425.

    Source: OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, unless 
otherwise noted.



                     Subpart A_Purpose and Authority



Sec. 52.1  Purpose.

    This part establishes the procedure for application for correction 
of military records of the Coast Guard, for consideration of 
applications by the Department of Homeland Sec. rity Board for Correction 
of Military Records of the Coast Guard (hereinafter ``the Board''), and 
for settling claims or determining monetary benefits.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.2  Authority.

    (a) The Sec. etary of Homeland Sec. rity, acting through boards of 
civilians, is authorized to correct any military record of the Coast 
Guard when the Sec. etary considers it necessary to correct an error or 
remove an injustice. 10 U.S.C. 1552. The Sec. etary shall ensure that 
final action on a complete application for correction is taken within 10 
months of its receipt.

(14 U.S.C. 425)
    (b) Corrections made under this authority are final and conclusive 
on all officers of the Government except when procured by fraud. 10 
U.S.C. 1552(a)(4).

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]

[[Page 128]]



      Subpart B_Establishment, Function, and Jurisdiction of Board



Sec. 52.11  Establishment and composition.

    (a) Pursuant to 10 U.S.C. 1552, the Board for Correction of Military 
Records of the Coast Guard is established in the Office of the Sec. etary 
of Homeland Sec. rity.
    (b) The Sec. etary appoints a panel of civilian officers or employees 
of the Department of Homeland Sec. rity to serve as members of the Board, 
and designates one such member to serve as Chair of the Board. The Chair 
designates members from this panel to serve as the Board for each case 
requiring consideration by a Board. The Board consists of three members, 
and two members present constitute a quorum of the Board.
    (c) The Deputy Chair of the Board exercises the functions prescribed 
by these regulations and such other duties as may be assigned by the 
Chair.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.12  Function.

    The function of the Board is to consider all applications properly 
before it, together with all pertinent military records and any 
submission received from the Coast Guard or other Government office 
under subpart E, to determine:
    (a) Whether an error has been made in the applicant's Coast Guard 
military record, whether the applicant has suffered an error or 
injustice as the result of an omission or commission in his or her 
record, or whether the applicant has suffered some manifest injustice in 
the treatment accorded him or her; and
    (b) Whether the Board finds it necessary to change a military record 
to correct an error or remove an injustice.



Sec. 52.13  Jurisdiction.

    (a) The Board has jurisdiction to review and determine all matters 
properly brought before it, consistent with existing law and such 
directives as may be issued by the Sec. etary.
    (b) No application shall be considered by the Board until the 
applicant has exhausted all effective administrative remedies afforded 
under existing law or regulations, and such legal remedies as the Board 
may determine are practical, appropriate, and available to the 
applicant.



           Subpart C_General Provisions Regarding Applications



Sec. 52.21  General requirements.

    (a) An application for correction of a Coast Guard record shall be 
submitted on DD Form 149 (Application for Correction of Military or 
Naval Record) or an exact copy thereof, and shall be addressed to: 
Chair, Board for Correction of Military Records of the Coast Guard (C-
60), United States Department of Transportation, Washington, DC 20590. 
Forms and explanatory material may be obtained from the Chair of the 
Board.
    (b) The application shall be signed by the person alleging error or 
injustice in his or her military record, except that an application may 
be signed by a family member or legal representative with respect to the 
record of a deceased, incapacitated, or missing person. The family 
member or legal representative must submit proof of his or her proper 
interest with the application.
    (c) No application shall be docketed or processed until it is 
complete. An application for relief is complete when all of the 
following have been received by the Board:
    (1) A signed DD Form 149, providing all necessary responses, 
including a specific allegation of error or injustice, accompanied by 
substantial evidence or information in support of such allegation;
    (2) The military records of the applicant; and
    (3) Any applicable military and Department of Veterans Affairs 
medical records.
    (d) It is the applicant's responsibility to include his or her 
correct mailing address on the DD Form 149 and to inform the Chair in 
writing of any subsequent change of address until the Board or the 
Sec. etary takes final action on the application.
    (e) Briefs in support of applications must be assembled in a manner 
that

[[Page 129]]

permits easy reproduction and may not exceed twenty-five double-spaced 
typewritten pages in a type size with no more than twelve characters per 
inch. This limitation does not apply to supporting documentary evidence. 
In complex cases, the Chair may waive this limitation.



Sec. 52.22  Time limit for filing application.

    An application for correction of a record must be filed within three 
years after the applicant discovered or reasonably should have 
discovered the alleged error or injustice. If an application is 
untimely, the applicant shall set forth reasons in the application why 
it is in the interest of justice for the Board to consider the 
application. An untimely application shall be denied unless the Board 
finds that sufficient evidence has been presented to warrant a finding 
that it would be in the interest of justice to excuse the failure to 
file timely.



Sec. 52.23  Counsel.

    (a) Applicants may be represented by counsel at their own expense. 
Applicants whose cases are processed under the Whistleblower Protection 
Act and who are granted a hearing by the Board may be entitled to 
representation by a Coast Guard law specialist. 10 U.S.C. 1034(f)(3)(A).
    (b) As used in this part, the term ``counsel'' includes attorneys 
who are members in good standing of any bar; accredited representatives 
of veterans' organizations recognized by the Sec. etary of Veterans 
Affairs pursuant to 38 U.S.C. 5902; and other persons who, in the 
opinion of the Chair, are competent to represent the applicant for 
correction. Whenever the term ``applicant'' is used in these rules, 
except in Sec. 52.21(c), the term shall mean an applicant or his or her 
counsel.



Sec. 52.24  Evidence and burden of proof.

    (a) It is the responsibility of the applicant to procure and submit 
with his or her application such evidence, including official records, 
as the applicant desires to present in support of his or her case. All 
such evidence should be submitted with the applicant's DD Form 149 in 
accordance with Sec. 52.21(c)(1). Evidence submitted by an applicant 
after an application has been filed and docketed shall be considered 
late and its acceptance is subject to the provisions in Sec. 
52.26(a)(4) and (c).
    (b) The Board begins its consideration of each case presuming 
administrative regularity on the part of Coast Guard and other 
Government officials. The applicant has the burden of proving the 
existence of an error or injustice by the preponderance of the evidence.



Sec. 52.25  Access to official records.

    The applicant shall have such access to official records or to any 
information pertaining to the applicant which is in the custody of the 
Coast Guard as is provided in 49 CFR parts 7 and 10.



Sec. 52.26  Right to timely decision; effect of requests for extensions, changes in requests for relief, and late submissions of evidence.

    (a) Each applicant has a right to have final action taken on his or 
her application within 10 months after all the elements of a complete 
application, as defined in Sec. 52.21(c), have been received by the 
Board, unless the applicant:
    (1) Submits a written request, which is granted by the Chair, for an 
extension of a specific duration to seek counsel or additional evidence;
    (2) Submits a written request, which is granted by the Chair, for an 
extension of the time provided for responding to the views of the Coast 
Guard in accordance with Sec. 52.42(d);
    (3) Submits a signed statement that is determined by the Chair to 
significantly amend the applicant's request for relief after the 
application has been docketed;
    (4) Submits significant new evidence, as determined by the Chair, 
after the application has been docketed; or
    (5) Is found by the Chair to have unreasonably delayed responding to 
a request for further information or evidence.
    (b) If the applicant requests an extension in accordance with 
paragraphs (a)(1) or (a)(2) of this section or unreasonably delays 
responding to a request for further information or evidence in 
accordance with paragraph (a)(5) of this section, he or she shall have a

[[Page 130]]

right to have final action taken on the application for correction 
within 10 months of the application's completion plus all periods of 
extension granted to the applicant by the Chair and all periods of 
unreasonable delay.
    (c) If the applicant significantly amends his or her request for 
relief or submits significant new evidence after the application has 
been docketed, in accordance with paragraphs (a)(3) or (a)(4) of this 
section, the application shall be considered newly complete as of the 
date the amended request for relief or new evidence is received, in 
which case the applicant shall have a right to have final action taken 
on the application within 10 months of the date the Board receives the 
amended request for relief or significant new evidence.



Sec. 52.27  Withdrawal of application.

    The Chair may, at his or her discretion, permit the applicant to 
withdraw his or her application at any time before final action is taken 
under Sec. 52.64. Any further consideration by the Board of the issues 
raised in the withdrawn application shall occur only upon the filing of 
a new application.



Sec. 52.28  Stay of proceedings.

    An application to the Board for correction of a military record does 
not operate as a stay of any proceeding or administrative action taken 
with respect to or affecting the applicant.



    Subpart D_Consideration of Application and Administrative Closure



Sec. 52.31  Consideration of application.

    Each application shall be reviewed by the Chair to determine whether 
it meets the requirements of Sec. 52.21 before it is docketed. The 
Chair shall decide in appropriate cases whether to grant a hearing or to 
recommend disposition on the merits without a hearing.



Sec. 52.32  Administrative closure.

    (a) The Chair may administratively close a case after it has been 
docketed and at any time prior to its consideration by the Board if the 
Chair determines that:
    (1) The application was erroneously docketed because the application 
did not meet the criteria under Sec. 52.21;
    (2) Effective relief cannot be granted by the Board;
    (3) The Board does not have jurisdiction to determine the issues 
presented or the applicant has not exhausted an available administrative 
remedy, as required under Sec. 52.13(b); or
    (4) The Coast Guard has granted effective relief satisfactory to the 
applicant.
    (b) Administrative closure does not constitute a denial of relief. 
Applicants who believe their cases should not have been administratively 
closed by the Chair may resubmit their applications with a request for 
further consideration and a statement explaining why the applicant 
believes his or her case should be docketed and considered by the Board. 
A request for further consideration shall be regarded as a new 
application for the purposes of Sec. Sec. 52.21 and 52.26.
    (c) If the Chair administratively closes a case, the applicant shall 
be advised of the reason and of the right to resubmit his or her 
application.



       Subpart E_Submissions by the Coast Guard and Other Offices



Sec. 52.41  Assistance.

    The Board may request such advice, opinion, assistance, or use of 
the facilities of any other bureau, board, or office of the Department 
of Transportation as the Board deems necessary.



Sec. 52.42  Views of the Coast Guard.

    (a) The Board shall transmit to the Commandant of the Coast Guard or 
his or her delegate a copy of each application for relief submitted and 
docketed under subpart C of this part, together with any briefs, 
memoranda, and documentary evidence submitted or obtained in the case.
    (b) The Commandant of the Coast Guard or his or her delegate may 
forward to the Board a written advisory opinion presenting the views of 
the Coast Guard on any case before the Board.
    (c) An advisory opinion furnished by the Coast Guard under this 
section shall not be binding upon the Board,

[[Page 131]]

but shall be considered by the Board, along with all other information 
and material submitted in the particular case, if it is received by the 
Board within 135 days of the date the application is complete. The Chair 
may, in his or her discretion, grant the Coast Guard an extension of the 
time provided for submitting the advisory opinion.
    (d) The Board shall promptly send a copy of each submission made by 
the Coast Guard under this section to the applicant involved, subject to 
the limitations in Sec. Sec. 52.42(c) and 52.43(c). Each applicant has 
30 days, from the date the Board sends the submission, to submit to the 
Board a written rebuttal or response to the Coast Guard's advisory 
opinion or a written request for an extension of the time to respond, 
subject to the provisions in Sec. 52.26.
    (e) Advisory opinions submitted by the Coast Guard and briefs 
submitted by applicants in response to the advisory opinions of the 
Coast Guard must be assembled in a manner that permits easy reproduction 
and may not exceed fifteen double-spaced typewritten pages in a type 
size with no more than twelve characters per inch. This limitation does 
not apply to supporting documentary evidence. In complex cases, the 
Chair may waive this limitation.



Sec. 52.43  Requests for further information; submissions of classified, privileged, and sensitive information.

    (a) The Chair or the Board may ask the applicant to submit 
additional information not included in the application or response to 
the advisory opinion.
    (b) The Chair or the Board may ask the Coast Guard or other 
Government office to submit any information, including reports of 
investigations, that the Chair or the Board deems relevant to an 
applicant's case.
    (c) Whenever the Coast Guard or other Government office submits 
classified, privileged, or sensitive information to the Board in 
accordance with paragraph (b) of this section or Sec. 52.42(b), it 
shall identify such information and also provide the Board with a copy 
of that part of the information that would be released to the applicant 
by the Coast Guard or other Government office if he or she requested it 
under 49 CFR parts 7 and 10. The Board shall forward only this redacted 
copy to the applicant.



                           Subpart F_Hearings



Sec. 52.51  General provision.

    In each case in which the Chair determines that a hearing is 
warranted, the applicant will be entitled to be heard orally in person, 
by counsel, or in person with counsel.



Sec. 52.52  Notice of hearing.

    (a) If the Chair determines that a hearing is warranted, the Chair 
shall notify the applicant that a hearing has been granted.
    (b) The date of hearing shall be not less than 21 days from the date 
of this notification. Written notice stating the date, time, and place 
of the hearing shall be given to the applicant and the Coast Guard.



Sec. 52.53  Witnesses.

    (a) In any case in which the Chair has granted a hearing, the 
applicant shall have the right to present witnesses.
    (b) It is the responsibility of the applicant to notify his or her 
witnesses and to ensure their appearance at the date, time, and place 
set for the hearing.



Sec. 52.54  Expenses.

    No expenses of any nature whatsoever incurred by an applicant, his 
or her counsel, witnesses, or others acting on behalf of the applicant 
shall be paid by the Government, except that an applicant may be 
entitled to representation by a Coast Guard law specialist if the case 
has been processed under the Whistleblower Protection Act. 10 U.S.C. 
1034(f)(3)(A).



Sec. 52.55  Nonappearance.

    An applicant who fails without good cause to appear in person or by 
counsel at the appointed date, time, and place for hearing, is deemed to 
have waived the right to a hearing. The application is then considered 
by the Board on the basis of all the material of record.

[[Page 132]]



Sec. 52.56  Conduct of hearing.

    (a) The Chair or the Chair's designee shall conduct a hearing so as 
to ensure a full and fair presentation of the evidence.
    (b) The hearing is not limited by legal rules of evidence, but 
reasonable standards of competency, relevancy, and materiality are 
observed for the receipt and consideration of evidence.
    (c) All testimony shall be given under oath or affirmation.



Sec. 52.57  Record of hearing.

    A hearing pursuant to this subpart in open session shall be recorded 
verbatim and, at the discretion of the Board or direction of the 
Sec. etary, shall be transcribed.



                   Subpart G_Judgment and Disposition



Sec. 52.61  Deliberations and decision.

    (a) The Board is convened at the call of the Chair and its meetings 
are recessed or adjourned by order of the Chair. Only members of the 
Board and its staff may be present during the deliberations of the 
Board. The Board's deliberations are conducted in executive session and 
are not reported.
    (b) When the Board finds that the facts have not been fully and 
fairly disclosed by the records, testimony, and any other evidence 
before the Board, the Board may request the applicant and/or the Coast 
Guard to obtain and submit such further evidence as it considers 
essential to a complete and impartial understanding of the facts and 
issues.
    (c) Following the receipt of all evidence, the Chair shall cause to 
be prepared and shall submit to the Board for its consideration a draft 
decision containing proposed findings and conclusions and a proposed 
order. A majority vote of the members of the Board present at a meeting 
on any matter relating to a draft decision before the Board shall 
constitute the action of the Board. If a draft decision is approved by 
the Board, it shall become a decision of the Board.
    (d) The decision of the Board shall specify any change, correction, 
or modification of records to be made by the Coast Guard, and any other 
action deemed necessary to provide full and effective relief, which may 
include directing the Coast Guard to convene medical boards.
    (e) If the Board deems it necessary to submit a comment or 
recommendation to the Sec. etary as to a matter arising from, but not 
directly related to, the issues in a case, it does so by separate 
communication.



Sec. 52.62  Minority report.

    In case of disagreement among Board members, a minority report may 
be submitted dissenting from or concurring with the decision of the 
Board.



Sec. 52.63  Record of proceedings.

    (a) The Board shall prepare a complete record of each proceeding. 
The record shall include the application for relief; the written views 
of the Coast Guard, if any; any transcript of testimony; affidavits and 
documents considered by the Board; briefs and written arguments filed in 
the case; the findings, decisions, and recommendations of the Board; 
minority reports, if any; and all other materials necessary to reflect a 
true and complete history of the proceedings.
    (b) After final action has been taken on an application in 
accordance with Sec. 52.64, any classified, privileged, or sensitive 
information in the record of proceedings that has been provided by the 
Coast Guard or another Government office in accordance with Sec. Sec. 
52.42 or 52.43 shall be returned by the Board to the office from which 
it was received. Only a copy of the information provided by the Coast 
Guard or other Government office for release to the applicant in 
accordance with Sec. 52.43(c) shall be retained in the permanent record 
of proceedings after final action is taken.



Sec. 52.64  Final action.

    (a) The Board, provided that it acts unanimously, may take final 
action on behalf of the Sec. etary, pursuant to 10 U.S.C. 1552, as 
follows:
    (1) The Board may deny an application for the correction of military 
records.
    (2) Unless the Coast Guard, in submitting its views pursuant to 
Sec. 52.42(b), identifies and describes a significant

[[Page 133]]

issue of Coast Guard policy challenged in the application, the Board may 
approve an application for the correction of military records in any of 
the following categories:
    (i) An application to correct an enlistment or reenlistment contract 
or agreement to extend an enlistment for the purpose of effecting or 
increasing entitlement to a Selective Reenlistment Bonus;
    (ii) An application to modify an election to participate in the 
Survivor Benefit Plan;
    (iii) An application to change a reenlistment eligibility code;
    (iv) An application to correct the character of, or reason for, a 
discharge or separation; or
    (v) An application to receive a medal or award.
    (3) The Board may approve any application for correction of military 
records not included in one of the categories in paragraph (a)(2) of 
this section, if the Coast Guard recommends the same or substantially 
same relief as that requested by the applicant.
    (b) Except in cases where the Board takes final action under 
paragraph (a) of this section, the Board shall forward the record of its 
proceedings to the Sec. etary, who may approve, disapprove, or concur in 
the decision of the Board or the minority report, if any, either in 
whole or in part, and amend the order of the Board accordingly, or 
return the case to the Board for additional consideration. After taking 
final action, the Sec. etary shall send any such statement and the record 
of proceedings to the Board for disposition.



Sec. 52.65  Orders.

    (a) The Board shall issue such orders or directives as may be 
necessary to carry out a final action.
    (b) The Board may ask the Coast Guard to submit a written report to 
the Board specifying the action taken and the date thereof with respect 
to any final action.
    (c) Unless doing so is likely to nullify the relief granted, copies 
of the final decision shall be placed in the military record of the 
applicant.



Sec. 52.66  Notification.

    After final action is taken under Sec. 52.64, the Board shall send 
a copy of the final decision to the applicant. The applicant may inspect 
the permanent record of proceedings at Board offices.



Sec. 52.67  Reconsideration.

    (a) Reconsideration of an application for correction of a military 
record shall occur if an applicant requests it and the request meets the 
requirements set forth in paragraph (a)(1) or (a)(2) of this section.
    (1) An applicant presents evidence or information that was not 
previously considered by the Board and that could result in a 
determination other than that originally made. Such new evidence or 
information may only be considered if it could not have been presented 
to the Board prior to its original determination if the applicant had 
exercised reasonable diligence; or
    (2) An applicant presents evidence or information that the Board, or 
the Sec. etary as the case may be, committed legal or factual error in 
the original determination that could have resulted in a determination 
other than that originally made.
    (b) The Chair shall docket a request for reconsideration of a final 
decision if it meets the requirements of paragraph (a)(1) or (a)(2) of 
this section. If neither of these requirements is met, the Chair shall 
not docket such request.
    (c) The Board shall consider each application for reconsideration 
that has been docketed. None of the Board members who served on the 
Board that considered an applicant's original application for correction 
shall serve on the Board that decides the applicant's application upon 
reconsideration.
    (d) Action by the Board on a docketed application for 
reconsideration is subject to Sec. Sec. 52.26 and 52.64(b).
    (e) An applicant's request for reconsideration must be filed within 
two years after the issuance of a final decision, except as otherwise 
required by law. If the Chair dockets an applicant's request for 
reconsideration, the two-year requirement may be waived if the Board 
finds that it would be in the interest of justice to consider the 
request despite its untimeliness.

[[Page 134]]



        Subpart H_Payment of Claims and Implementation of Orders



Sec. 52.71  Authority to pay.

    (a) The Coast Guard is authorized to pay the claims of any person as 
the result of any action heretofore or hereafter taken under 10 U.S.C. 
1552.
    (b) The Coast Guard is not authorized to pay any claim heretofore 
compensated by Congress through enactment of private law, or to pay any 
amount as compensation for any benefit to which the claimant might 
subsequently become entitled under the laws and regulations administered 
by the Sec. etary of Veterans Affairs.



Sec. 52.72  Implementation of orders.

    (a) In each case the Board shall transmit a copy of its decision or 
the Sec. etary's decision to the proper Coast Guard authority for 
determination of monetary benefits due, if any, as a result of the 
action of the Board and for corrections of the military record ordered 
by the Board.
    (b) Upon request, the claimant is required to furnish to the Board 
or to the Coast Guard any information necessary to determine the proper 
parties to the claim for payment under applicable provisions of law.
    (c) Appropriate records shall be examined in light of the Board's 
decision to determine all amounts which may be due. Amounts found due 
are subject to setoff in the amount of any existing indebtedness to the 
Government arising from Coast Guard service and to other setoffs 
required by law or regulation.
    (d) At the time of payment, the claimant shall be advised as to the 
nature and amount of the various benefits represented by the total 
settlement, and of the fact that acceptance of the settlement 
constitutes a complete release by the claimant of any claim against the 
United States on account of the correction of record ordered by the 
Board.



Sec. 52.73  Interpretation.

    If the intent or import of the final decision is not clear to the 
Coast Guard, if the Coast Guard believes that executing all or part of 
the order in the final decision is beyond the Coast Guard's authority, 
or if the Coast Guard believes that the order is incomplete because of 
an oversight, the final decision shall be returned to the Board for 
clarification or technical amendment.



Sec. 52.74  Report of settlement.

    When payment is made pursuant to the order of the Board, the Board 
may request the Coast Guard to notify it of the name of any person to 
whom payment was made and of the amount of the payment.



                  Subpart I_Public Access to Decisions



Sec. 52.81  Reading room and index.

    After deleting only so much personal information as is necessary to 
prevent an unwarranted invasion of privacy of the applicant or other 
persons mentioned in the final decision of the Board, a redacted copy of 
each final decision shall be indexed by subject and made available for 
review and copying at a public reading room. Final decisions created on 
or after November 1, 1996, shall be made available by electronic means. 
5 U.S.C. 552.



PART 53_COAST GUARD WHISTLEBLOWER PROTECTION--Table of Contents




Sec. 
53.1 Purpose.
53.3 Applicability.
53.5 Definitions.
53.7 Requirements.
53.9 Responsibilities.
53.11 Procedures.

    Authority: 10 U.S.C. 1034; Pub. L. 100-456, 102 Stat. 1918; Pub. L. 
101-225, 103 Stat. 1908; Pub. L. 107-296, 116 Stat. 2135.

    Source: 56 FR 13405, Apr. 2, 1991, unless otherwise noted.



Sec. 53.1  Purpose.

    This part:
    (a) Establishes policy and implements section 1034 of title 10 of 
the United States Code to provide protection against reprisal to members 
of the Coast Guard for making a lawful communication to a Member of 
Congress or an Inspector General.

[[Page 135]]

    (b) Assigns responsibilities and delegates authority for such 
protection and prescribes operating procedures.



Sec. 53.3  Applicability.

    This part applies to members of the United States Coast Guard, the 
Board for Correction of Military Records of the Coast Guard, and the 
Department of Homeland Sec. rity's Office of the Inspector General.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.5  Definitions.

    As used in this part, the following terms shall have the meaning 
stated, except as otherwise provided:
    Board for Correction of Military Records of the Coast Guard. The 
Department of Homeland Sec. rity Board for Correction of Military Records 
of the Coast Guard (Board) is empowered under 10 U.S.C. 1552 to make 
corrections of Coast Guard military records. The Board is part of the 
Office of the General Counsel in the Office of the Sec. etary of Homeland 
Sec. rity.
    Corrective Action. Any action deemed necessary to make the 
complainant whole, changes in agency regulations or practices, and/or 
administrative or disciplinary action against offending personnel, or 
referral to the U.S. Attorney General or courtmartial convening 
authority of any evidence of criminal violation.
    Inspector General. The Inspector General in the Office of Inspector 
General of the Department of Homeland Sec. rity, as appointed under the 
Inspector General Act of 1978.
    Law Specialist. A commissioned officer of the Coast Guard designated 
for special duty (law).
    Member of the Coast Guard. Any past or present Coast Guard uniformed 
personnel, officer or enlisted, regular or reserve. This definition 
includes cadets of the Coast Guard Academy.
    Member of Congress. In addition to a Representative or a Senator, 
the term includes any Delegate or Resident Commissioner to Congress.
    Personnel Action. Any action taken regarding a member of the Coast 
Guard that adversely affects or has the potential to adversely affect 
the member's position or his or her career. Such actions include, but 
are not limited to, a disciplinary or other corrective action; a 
transfer or reassignment; a performance evaluation; or a decision 
concerning a promotion, pay, benefits, awards, or training.
    Reprisal. Taking or threatening to take an unfavorable personnel 
action or withholding or threatening to withhold a favorable personnel 
action against a member of the Coast Guard for making or preparing to 
make a communication to a Member of Congress or an Inspector General.
    Sec. etary. The Sec. etary of Homeland Sec. rity or his or her 
delegate.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.7  Requirements.

    (a) No person within the Department of Homeland Sec. rity may 
restrict a member of the Coast Guard from lawfully communicating with a 
Member of Congress or an Inspector General.
    (b) Members of the Coast Guard shall be free from reprisal for 
making or preparing to make lawful communications to Members of Congress 
or an Inspector General.
    (c) Any employee or member of the Coast Guard who has the authority 
to take, direct others to take, or recommend or approve any personnel 
action shall not, under such authority, take, withhold, threaten to 
take, or threaten to withhold a personnel action regarding any member of 
the Coast Guard in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.9  Responsibilities.

    (a) The Inspector General, Department of Homeland Sec. rity shall:
    (1) Expeditiously investigate any allegation, if such allegation is 
submitted, that a personnel action has been taken (or threatened) in 
reprisal for making or preparing to make a lawful communication to a 
Member of Congress or an Inspector General concerning a complaint or 
disclosure of information that the member reasonably

[[Page 136]]

believes constitutes evidence of a violation of law or regulation, 
mismanagement, a gross waste of funds, an abuse of authority, or a 
substantial and specific danger to public health or safety. No 
investigation is required when such allegation is submitted more than 60 
days after the Coast Guard member became aware of the personnel action 
that is the subject of the allegation.
    (2) Initiate a separate investigation of the information the Coast 
Guard member believes evidences wrongdoing if such investigation has not 
already been initiated. The Inspector General is not required to make 
such an investigation if the information that the Coast Guard member 
believes evidences wrongdoing relates to actions that took place during 
combat.
    (3) Complete the investigation of the allegation of reprisal and 
issue a report not later than 90 days after receipt of the allegation, 
which shall include a thorough review of the facts and circumstances 
relevant to the allegation, the relevant documents acquired during the 
investigation, and summaries of interviews conducted. The Inspector 
General may forward a recommendation as to the disposition of the 
complaint.
    (4) Submit a copy of the investigation report to the Sec. etary of 
Homeland Sec. rity and to the Coast Guard member making the allegation 
not later than 30 days after the completion of the investigation. The 
copy of the report issued to the Coast Guard member may exclude any 
information not otherwise available to the Coast Guard member under the 
Freedom of Information Act (5 U.S.C. 552).
    (5) If a determination is made that the report cannot be issued 
within 90 days of receipt of the allegation, notify the Sec. etary and 
the Coast Guard member making the allegation of the reasons why the 
report will not be submitted within that time, and state when the report 
will be submitted.
    (6) At the request of the Board, submit a copy of the investigative 
report to the Board.
    (7) After the final action with respect to an allegation filed under 
this part, whenever possible, interview the person who made the 
allegation to determine the views of that person concerning the 
disposition of the matter.
    (b) The Board shall, in accordance with its regulations (33 CFR part 
52):
    (1) Consider under 10 U.S.C. 1552 and 33 CFR part 52 an application 
for the correction of records made by a Coast Guard member who has filed 
a timely complaint with the Inspector General, alleging that a personnel 
action was taken in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General. This may 
include oral argument, examining and cross-examining witnesses, taking 
depositions, and conducting an evidentiary hearing at the Board's 
discretion.
    (2) Review the report of any investigation by the Inspector General 
into the Coast Guard member's allegation of reprisal.
    (3) As deemed necessary, request the Inspector General to gather 
further evidence and issue a further report to the Board.
    (4) Issue a final decision concerning the application for the 
correction of military records under this part not later than 180 days 
after receipt of a complete application.
    (c) If the Board elects to hold an administrative hearing, the Coast 
Guard member may be represented by a Coast Guard law specialist if:
    (1) The Inspector General, in the report of the investigation, finds 
there is probable cause to believe that a personnel action was taken, 
withheld, or threatened in reprisal for the Coast Guard member making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General;
    (2) The Chief Counsel of the Coast Guard determines that the case is 
unusually complex or otherwise requires the assistance of a law 
specialist to ensure proper presentation of the legal issues in the 
case; and
    (3) The Coast Guard member is not represented by outside counsel 
chosen by the member.
    (d) If the Board elects to hold an administrative hearing, the Board 
must ensure that the Coast Guard member may examine witnesses through 
deposition, serve interrogatories, and request the production of 
evidence, including

[[Page 137]]

evidence in the Inspector General investigatory record but not included 
in the report released to the member.
    (e) If the Board determines that a personnel action was taken in 
reprisal for a Coast Guard member making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, the Board 
may forward its recommendation to the Sec. etary for the institution of 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal, and direct any appropriate 
correction of the member's records.
    (f) The Board shall notify the Inspector General of the Board's 
decision concerning an application for the correction of military 
records of a Coast Guard member who alleged reprisal for making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General, and of any recommendation to the Sec. etary for 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal.
    (g) When reprisal is found, the Sec. etary shall ensure that 
appropriate corrective action is taken.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.11  Procedures.

    (a) Any member of the Coast Guard, who reasonably believes a 
personnel action (including the withholding of an action) was taken or 
threatened in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, may file 
a complaint with the DOT Inspector General Hotline under this part. Such 
a complaint may be filed by telephone, or by letter addressed to the 
Department of Transportation, Office of Inspector General, Hotline 
Center, P.O. Box 23178, Washington, D.C. 20026-0178. Telephone Numbers: 
1-800-424-9071, FTS 8-366-1461. The commercial number is (202) 366-1461.
    (b) The complaint should include the name, address, and telephone 
number of the complainant; the name and location of the activity where 
the alleged violation occurred; the personnel action taken, or 
threatened, that is alleged to be motivated by reprisal; the 
individual(s) believed to be responsible for the personnel action; the 
date when the alleged reprisal occurred; and any information that 
suggests or evidences a connection between the communication and 
reprisal. The complaint should also include a description of the 
communication to a Member of Congress or an Inspector General including 
a copy of any written communication and a brief summary of any oral 
communication showing date of communication, subject matter, and the 
name of the person or official to whom the communication was made.
    (c) A member of the Coast Guard who is alleging reprisal for making 
or preparing to make a lawful communication to a Member of Congress or 
an Inspector General, may submit an application for the correction of 
military records to the Board, in accordance with regulations governing 
the Board. See 33 CFR part 52.
    (d) An application submitted under paragraph (c) of this section 
shall be considered in accordance with regulations governing the Board. 
See 33 CFR part 52.



PART 54_ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN 
SUPPORT OBLIGATIONS--Table of Contents




Sec. 
54.01 Purpose.
54.03 Persons authorized to give notices.
54.05 Form and contents of notice.
54.07 Service of notice upon designated Coast Guard official.

    Authority: 42 U.S.C. 665(c).

    Source: CGD 82-109, 48 FR 4285, Jan. 31, 1983, unless otherwise 
noted.



Sec. 54.01  Purpose.

    This part prescribes procedures for State officials to notify the 
Coast Guard that a member on active duty is delinquent in meeting an 
obligation for child support alone, or both child and spousal support, 
in an amount equal to the support payable for two months or longer. 
Under 42 U.S.C. 665, an allotment may be taken from the pay and 
allowances of the member in this situation.

[[Page 138]]



Sec. 54.03  Persons authorized to give notices.

    For the purpose of instituting an allotment under this part, notice 
that a Coast Guard member is delinquent in meeting support obligations 
may be given by:
    (a) Any agent or attorney of any State having in effect a plan 
approved under Part D of Title IV of the Social Sec. rity Act (42 U.S.C. 
651-664), who has the duty or authority to seek recovery of any amounts 
owed as child or child and spousal support, including any official of a 
political subdivision when authorized under a State plan.
    (b) The court that has authority to issue an order against the 
member for the support and maintenance of a child, or any agent of that 
court.



Sec. 54.05  Form and contents of notice.

    (a) The notice required to institute an allotment under this part 
must be given in the form of a court order, letters, or other document 
issued by a person specified in Sec. 54.03.
    (b) The notice must:
    (1) Provide the full name, social security number, and duty station 
of the member who owes the support obligation;
    (2) Specify the amount of support due, and the period in which it 
has remained owing;
    (3) Be accompanied by a certified copy of an order directing the 
payment of this support issued:
    (i) By a court of competent jurisdiction, or;
    (ii) In accordance with an administrative procedure which is 
established by State law, affords substantial due process, and is 
subject to judicial review;
    (4) Provide the full name, social security number, and mailing 
address of the person to whom the allotment is to be paid;
    (5) Identify the period in which the allotment is to remain in 
effect; and
    (6) Identify the name and birth date of all children for whom 
support is to be provided under the allotment.
    (c) Each notice must be accompanied by the following information:
    (1) For each administrative order, a copy of all provisions of state 
law governing its issuance.
    (2) For each court order and for each administrative order, if not 
stated in the support order:
    (i) An explanation as to how personal jurisdiction was obtained over 
the member; and
    (ii) A statement on the age of majority in the state law, with 
appropriate legal citations.



Sec. 54.07  Service of notice upon designated Coast Guard official.

    The notice and all accompanying documentation must be sent to 
Commanding Officer, Coast Guard Human Resources Service and Information 
Center, Federal Building, 444 S.E. Quincy Street, Topeka, KS 66683-3591, 
telephone 785-339-3595, facsimile 785-339-3788.

[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001]



PART 55_CHILD DEVELOPMENT SERVICES--Table of Contents




                            Subpart A_General

Sec. 
55.1 Purpose.
55.3 Who is covered by this part?
55.5 Who is eligible for child development services?
55.7 Definitions.
55.9 Child development centers.
55.11 How are child development center fees established?
55.13 Family child care providers.

    Authority: 14 U.S.C. 515.

    Source: USCG-1998-3821, 64 FR 6528, Feb. 10, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 55.1  Purpose.

    This subpart implements 46 U.S.C. 515, which provides for Coast 
Guard Child Development Services.



Sec. 55.3  Who is covered by this subpart?

    This subpart applies to all Coast Guard installations.



Sec. 55.5  Who is eligible for child development services?

    Coast Guard members and civilian Coast Guard employees are eligible 
for

[[Page 139]]

the child developmental services described in this subpart. As space is 
available, members of the other Armed Forces and other Federal civilian 
employees are also eligible.



Sec. 55.7  Definitions.

    As used in this subpart--
    Child development center means a facility located on a Coast Guard 
installation that offers, on a regularly scheduled basis, developmental 
services designed to foster social, emotional, physical, creative, and 
intellectual growth to groups of children.
    Child development services means developmental services provided at 
a child development center or by a family child care provider at his or 
her Coast Guard-owned or -leased home.
    Coast Guard family child care provider means a Coast Guard family 
member, 18 years of age or older, who provides child care for 10 hours 
or more per week per child to one but no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her Coast Guard-owned or -leased housing.
    Coast Guard family child care services means child care provided on 
a regularly scheduled basis for 10 hours or more a week by an individual 
certified by the Coast Guard and who resides in Coast Guard-controlled 
housing.
    Command means the Commanding Officer of one or more units of 
personnel in a limited geographic area with responsibility for a child 
development center.
    Family child care means child care provided in the home of a 
provider, either a Coast Guard family child care provider or a family 
home day care provider.
    Family home day care provider means an individual 18 years of age or 
older who is licensed by the state agency that regulates child care. 
This person provides child care to one but to no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her residence.
    Geographic cost of living allowance means the adjustment in basic 
pay related to higher living costs in certain geographic areas.
    Total family income means the earned income for adult members of the 
household including wages, salaries, tips, long-term disability benefits 
received by a family, incentive and special pay for service or anything 
else of value, even if not taxable, that was received for providing 
services. Also included is Basic Allowance for Housing and Basic 
Allowance for Subsistence authorized for the pay grade of military 
personnel, whether the allowance is received in cash or in-kind. Total 
Family Income does not include: the geographic cost of living allowance; 
alimony and child support; temporary duty allowances or reimbursements 
for educational expenses; veterans benefits; workers compensation 
benefits; and, unemployment compensation. These are to be excluded from 
total family income.
    Uneconomical and inefficient means that the fees collected from 
parents can not be used in a manner that provides a quality program at 
an affordable cost to parents using the child care services.



Sec. 55.9  Child development centers.

    (a) The Commandant may make child development services available at 
child development centers located at Coast Guard installations.
    (b) Regular and unannounced inspections of each child development 
center shall be conducted annually by headquarters program personnel, 
the commanding officer of the sponsoring command, fire personnel, and 
health and safety personnel.
    (c) Training programs shall be conducted monthly to ensure that all 
child development center employees complete a minimum of 20 hours of 
training annually with respect to early childhood development, 
activities and disciplinary techniques appropriate to children of 
different ages, child abuse prevention and detection, and appropriate 
emergency medical procedures.



Sec. 55.11  How are child development center fees established?

    (a) Fees for the provision of services at child development centers 
shall be

[[Page 140]]

set by each Command with responsibility for a center-based program, 
according to the following total family income chart:

                           Total Family Income

$0 to $23,000
$23,001 to $34,000
$34,001 to $44,000
$44,001 to $55,000
Over $55,000

    (b) Fees for the provision of services at Coast Guard child 
development centers shall be used only for compensation for employees at 
those centers who are directly involved in providing child care, unless 
it is uneconomical and inefficient. If uneconomical and inefficient, 
then the fees may be used for:
    (1) The purchase of consumable or disposable items for Coast Guard 
child development centers; and
    (2) If the requirements of such centers for consumable or disposable 
items for a given fiscal year have been met, for other expenses of those 
centers.



Sec. 55.13  Family child care providers.

    When appropriated funds are available, funds may be offered to 
provide assistance to Coast Guard Family Child Care Providers or to 
family home day care providers so that family child care services can be 
provided to military members and civilian employees of the Coast Guard, 
at a cost comparable to the cost of services at Coast Guard child 
development centers.

[[Page 141]]

                                  INDEX

                       SUBCHAPTER B_MILITARY PERSONNEL

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Access to official records
                                                                   52.25
Action by the Board
                                                                    50.5
Affidavits required
                                                                49.05.10
Allotments from Active Duty Pay for Certain Support Obligations
                                                                 Part 54
Applicability and scope, Discharge Review Board
                                                                    51.3
Applicability
                                                           49.01-1, 53.3
Application, time limit for filing
                                                                   52.22
Appointment of trustee, requests for
                                                        49.01-5, 49.05-1
Assistance
                                                                   52.81
Authority, Board for Correction of Military Records
                                                                    52.2
Authority, Discharge Review Board
                                                                    51.2
Authority to pay
                                                                   52.71

                                 B

Basis and purpose, Discharge Review Board
                                                                    51.1
Board for Correction of Military Records
                                                                 Part 52
Bonding of trustee
                                                                 49.05-5

                                 C

Cadets, program for appointing
                                                                    40.1
Cessation of payments
                                                                49.10-10
Composition of the Board
                                                                    50.2
Conduct of hearing
                                                                   52.57
Consideration of application
                                                                   52.31
Counsel
                                                                   52.23

                                 D

Decisions
                                                                   51.10
Definitions
                                                              51.4, 53.5
Deliberations and decision
                                                                   52.61
Denial of relief
                                                                52.32(b)
Determination of incompetency
                                                                49.01-10
Discharge Review Board
                                                                 Part 51
Discharge review procedures
                                                                    51.9

                                 E

Enlistment of Personnel
                                                                    45.1
Enlistment records of former service members
                                                                    45.2
Equity standard of review
                                                                    51.7

[[Page 142]]

Establishment and composition
                                                                   52.11
Establishment and duties of the Board
                                                                    50.1
Evidence
                                                                   52.24

                                 F

Final accounting by trustee
                                                                49.10-15
Final action, time limit for
                                                                   52.64
Form and contents of notice
                                                                   54.05
Function
                                                                   52.12

                                 G

General requirements, Military Records Correction Applications
                                                                   52.21

                                 I

Implementing instructions
                                                                 49.15-1
Interpretation
                                                                   52.73

                                 J

Jurisdiction, Board for Correction of Military Records
                                                                   52.13

                                 M

Mentally Incompetent Personnel
                                                                 Part 49
Minority report
                                                                   52.62

                                 N

Nonappearance
                                                                   52.55
Notice of hearing
                                                                   52.52
Notification of final action
                                                                    50.6
Notification
                                                                   52.66

                                 O

Objective of review
                                                                    51.5
Orders
                                                                   52.65

                                 P

Payments of money due
                                                                 49.10-5
Persons authorized to give notice
                                                                   54.03
Presentation of case
                                                                    50.4
Procedures
                                                            52.63, 53.11
Proprietary standard of review
                                                                    51.6
Purpose, Allotments from Active Duty Pay
                                                                   54.01
Purpose, Whistleblower protection
                                                                    53.1

                                 R

Reconsideration
                                                                   52.67
Record of proceedings
                                                                   52.63
Relevant considerations
                                                                    51.8
Report of settlement
                                                                   52.74
Reports required
                                                                 49.10-1
Request for review
                                                                    50.3
Requirements
                                                                    53.7
Responsibilities regarding whistleblower protection
                                                                    53.9
Retiring Review Board
                                                                 Part 50

[[Page 143]]

                                 S

Service of notice upon designated Coast Guard official
                                                                   54.07
Stay of proceedings
                                                                   52.28

                                 W

Whistleblower Protection
                                                                 Part 53
Withdrawal of application
                                                                   52.27
Witnesses
                                                                   52.53

[[Page 144]]



                     SUBCHAPTER C_AIDS TO NAVIGATION



    Cross Reference: Corps of Engineers, Department of the Army, see 
Chapter II of this title.

                           PART 60 [RESERVED]



PART 62_UNITED STATES AIDS TO NAVIGATION SYSTEM--Table of Contents




                            Subpart A_General

Sec. 
62.1 Purpose.
62.3 Definition of terms.
62.5 Marking of marine parades and regattas.

              Subpart B_The U.S. Aids to Navigation System

62.21 General.
62.23 Beacons and buoys.
62.25 Lateral marks.
62.27 Safe water marks.
62.29 Isolated danger marks.
62.31 Special marks.
62.32 Inland waters obstruction mark.
62.33 Information and regulatory marks.
62.35 Mooring buoys.
62.37 Lighthouses.
62.41 Ranges.
62.43 Numbers and letters.
62.45 Light characteristics.
62.47 Sound signals.
62.49 Intracoastal Waterway identification.
62.51 Western Rivers Marking System.
62.53 Racons.
62.54 Ownership identification.

Subpart C [Reserved]

     Subpart D_Public Participation in the Aids to Navigation System

62.63 Recommendations.
62.65 Procedure for reporting defects and discrepancies.

    Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; 
Department of Homeland Sec. rity Delegation No. 0170.

    Source: CGD 86-031, 52 FR 42640, Nov. 6, 1987, unless otherwise 
noted.



                            Subpart A_General



Sec. 62.1  Purpose.

    (a) The Coast Guard administers the U.S. Aids to Navigation System. 
The system consists of Federal aids to navigation operated by the Coast 
Guard, aids to navigation operated by the other armed services, and 
private aids to navigation operated by other persons.
    (b)(1) This part describes the general characteristics of the U.S. 
Aids to Navigation System, and the details, policies and procedures 
employed by the Coast Guard in establishing, maintaining, operating, 
changing or discontinuing Federal aids to navigation. Regulations 
concerning the marking of wrecks, structures, and other obstructions are 
found in 33 CFR part 64. Regulations concerning private aids are found 
in 33 CFR part 66. Regulations concerning the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf of the United States or its 
possessions are found in 33 CFR part 67. Regulations concerning the 
marking of bridges are found in 33 CFR part 118. Regulations concerning 
aids to navigation at deepwater ports are found in subchapter NN of this 
chapter.
    (2) The regulations found in 33 CFR subpart 66.10 expire on December 
31, 2003, at which time the provisions of this part will apply.
    (c) The Coast Guard maintains systems of marine aids to navigation 
consisting of visual, audible, and electronic signals which are designed 
to assist the prudent mariner in the process of navigation. The aids to 
navigation system is not intended to identify every shoal or obstruction 
to navigation which exists in the navigable waters of the United States, 
but rather provides for reasonable marking of marine features as 
resources permit. The primary objective of the aids to navigation system 
is to mark navigable channels and waterways, obstructions adjacent to 
these waterways, and obstructions in areas of general navigation which 
may not be anticipated. Other waters, even if navigable, are generally 
not marked.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998]

[[Page 145]]



Sec. 62.3  Definition of terms.

    Certain terms as used in this subchapter are defined as follows:
    (a) Aid to Navigation. The term aid to navigation means any device 
external to a vessel or aircraft intended to assist a navigator to 
determine position or safe course, or to warn of dangers or obstructions 
to navigation.
    (b) Commerce. The term commerce, in addition to general, national 
and international trade and commerce of the United States, includes 
trade and travel by seasonal passenger craft (marine and air), yachts, 
houseboats, fishing boats, motor boats, and other craft, whether or not 
operated for hire or profit.
    (c) Commandant. The term Commandant means the Commandant of the 
Coast Guard.
    (d) District Commander. The term District Commander means the 
commander of a Coast Guard District. Coast Guard Districts are listed in 
Part 3 of this chapter.
    (e) Corps of Engineers. The term Corps of Engineers means the Corps 
of Engineers, Department of the Army.
    (f) Person. The term person imparts both singular or plural, as the 
case demands, and includes any Federal Agency, State, Territory, 
possession, or public subdivision thereof, the District of Columbia, and 
any corporation, company, association, club, or other instrumentality.
    (g) Navigable waters of the United States. The term navigable waters 
of the United States is defined in Sec. 2.36(a) of this chapter.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2001-9044, 68 
FR 42601, July 18, 2003]



Sec. 62.5  Marking of marine parades and regattas.

    (a) The Coast Guard may establish aids to navigation to mark marine 
parades and regattas which are regulated by the Coast Guard for the 
purpose of protecting life and property, or to assist in the observance 
and enforcement of special regulations. For marine parade and regatta 
regulations, see Part 100 of this chapter.
    (b) [Reserved]



              Subpart B_The U.S. Aids to Navigation System



Sec. 62.21  General.

    (a) The navigable waters of the United States and non-navigable 
State waters after December 31, 2003, are marked to assist navigation 
using the U.S. Aids to Navigation System, a system consistent with the 
International Association of Lighthouse Authorities (IALA) Maritime 
Buoyage System. The IALA Maritime Buoyage System is followed by most of 
the world's maritime nations and will improve maritime safety by 
encouraging conformity in buoyage systems worldwide. IALA buoyage is 
divided into two regions made up of Region A and Region B. All navigable 
waters of the United States follow IALA Region B, except U.S. 
possessions west of the International Date Line and south of 10 degrees 
north latitude, which follow IALA Region A. Lateral aids to navigation 
in Region A vary from those described throughout this Subpart. Non-
lateral aids to navigation are the same as those used in Region B. See 
Sec. 62.25. Appropriate nautical charts and publications should be 
consulted to determine whether the Region A or Region B marking schemes 
are in effect for a given area.
    (b) The U.S. Aids to Navigation System is designed for use with 
nautical charts. Nautical charts portray the physical features of the 
marine environment, including soundings and other submarine features, 
landmarks, and other aids necessary for the proper navigation of a 
vessel. This crucial information cannot be obtained from other sources, 
even ones such as topographic maps, aeronautical charts, or atlases. The 
exact meaning of an aid to navigation may not be clear to the mariner 
unless the appropriate chart is consulted, as the chart illustrates the 
relationship of the individual aid to navigation to channel limits, 
obstructions, hazards to navigation, and to the total aids to navigation 
system.
    (c) The navigator should maintain and consult suitable publications 
and instruments for navigation depending on the vessel's requirements. 
This shipboard equipment is separate from the aids to navigation system, 
but is often

[[Page 146]]

essential to its use. The following publications are available from the 
U.S. Government to assist the navigator:
    (1) The Light List, published by the Coast Guard and available 
through the Government Printing Office or authorized sales agents, lists 
federal and private aids to navigation. It includes all major Federal 
aids to navigation and those private aids to navigation, which have been 
deemed to be important to general navigation, and includes a physical 
description of these aids and their locations.
    (2) The United States Coast Pilot, published by the National Ocean 
Service and available through that agency or authorized nautical chart 
sales agents, supplements the information shown on nautical charts. 
Subjects such as local navigation regulations, channel and anchorage 
peculiarities, dangers, climatalogical data, routes, and port facilities 
are covered.
    (3) Local Notices to Mariners are published by local Coast Guard 
District Commanders. Persons may be placed on the mailing list to 
receive local Notices by contacting the Aids to Navigation and Waterway 
Management Branch of the appropriate Coast Guard District. These notices 
pass information affecting navigation safety. Changes to aids to 
navigation, reported dangers, scheduled construction or other 
disruptions, chart corrections and similar useful marine information is 
made available through this publication.
    (4) The Notice to Mariners is a national publication, similar to the 
Local Notice to Mariners, published by the National Imagery and Mapping 
Agency. The notice may be obtained free of charge from commercial 
maritime sources and, upon request, to Defense Logistics Agency, Defense 
Supply Center Richmond, ATTN: JNB, 8000 Jefferson Davis Highway, 
Richmond, VA 23297-5100 or FAX 804-279-6510, ATTN: Accounts Manager, 
RMF. A letter of justification should be included in the request. This 
publication provides ocean going vessels significant information on 
national and international navigation and safety.
    (5) The mariner should also listen to Coast Guard Broadcast Notices 
to Mariners. These broadcasts update the Local Notice to Mariners with 
more timely information. Mariners should monitor VHF-FM channel 16 to 
locate Coast Guard Marine Information Broadcasts.
    (d) The U.S. Aids to Navigation System is primarily a lateral system 
which employs a simple arrangement of colors, shapes, numbers, and light 
characteristics to mark the limits of navigable routes. This lateral 
system is supplemented by nonlateral aids to navigation where 
appropriate.
    (e) Generally, lateral aids to navigation indicate on which side of 
a vessel an aid to navigation should be passed when the vessel is 
proceeding in the Conventional Direction of Buoyage. Normally, the 
Conventional Direction of Buoyage is the direction in which a vessel 
enters navigable channels from seaward and proceeds towards the head of 
navigation. In the absence of a route leading from seaward, the 
Conventional Direction of Buoyage generally follows a clockwise 
direction around land masses. For example, proceeding southerly along 
the Atlantic Coast, from Florida to Texas along the Gulf Coast, and 
northerly along the Pacific Coast are considered as proceeding in the 
Conventional Direction of Buoyage. In some instances, this direction 
must be arbitrarily assigned. Where doubt exists, the mariner should 
consult charts and other nautical publications.
    (f) Although aids to navigation are maintained to a reasonable 
degree of reliability, the rigors of the marine environment and various 
equipment failures do cause discrepancies on occasion.
    (g) The Coast Guard makes reasonable efforts to inform the navigator 
of known discrepancies, and to correct them within a reasonable period 
of time, depending upon resources available. Occasionally, a temporary 
aid to navigation, which provides different but similar service, is 
deployed until permanent repairs can be made to the original aid. 
Notification of such temporary changes is made through the notice to 
mariners system.
    (h) Mariners should exercise caution when using private aids to 
navigation because private aids are often established to serve the needs 
of specific users rather than general navigation

[[Page 147]]

and their purpose may not be obvious to casual users; and, discrepancies 
to private aids are often detected, reported, and corrected less 
promptly than discrepancies to Coast Guard aids to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998; USCG-2001-
9286, 66 FR 33640, June 25, 2001]



Sec. 62.23  Beacons and buoys.

    (a) Aids to navigation are placed on shore or on marine sites to 
assist a navigator to determine his position or safe course. They may 
mark limits of navigable channels, or warn of dangers or obstructions to 
navigation. The primary components of the U.S. Aids to Navigation System 
are beacons and buoys.
    (b) Beacons are aids to navigation structures which are permanently 
fixed to the earth's surface. They range from large lighthouses to 
small, single-pile structures and may be located on land or in the 
water. Lighted beacons are called lights; unlighted beacons are called 
daybeacons.
    (1) Beacons exhibit a daymark. For small structures these are 
colored geometric shapes which make an aid to navigation readily visible 
and easily identifiable against background conditions. Generally, the 
daymark conveys to the mariner, during daylight hours, the same 
significance as does the aid's light or reflector at night. The daymark 
of large lighthouses and towers, however, consists of the structure 
itself. As a result, these daymarks do not infer lateral significance.
    (2) Vessels should not pass beacons close aboard due to the danger 
of collision with rip-rap or structure foundations, or the obstruction 
or danger that the aid marks.
    (c) Buoys are floating aids to navigation used extensively 
throughout U.S. waters. They are moored to the seabed by sinkers with 
chain or other moorings of various lengths.
    (1) The daymark of a buoy is the color and shape of the buoy and, if 
so equipped, of the topmark.
    (i) Can buoys have a cylindrical shape.
    (ii) Nun buoys have a tapered, conical shape.
    (iii) Pillar buoys have a wide cylindrical base supporting a 
narrower superstructure. They may be surmounted by colored shapes called 
topmarks.
    (iv) Spherical buoys have a round shape.
    (2) Mariners attempting to pass a buoy close aboard risk collision 
with a yawing buoy, the buoy's mooring, or with the obstruction which 
the buoy marks.
    (3) Mariners should not rely on buoys alone for determining their 
positions due to factors limiting their reliability. Prudent mariners 
will use bearings or angles from beacons or other landmarks, soundings, 
and various methods of electronic navigation. Buoys vary in reliability 
because:
    (i) Buoy positions represented on nautical charts are approximate 
positions only, due to practical limitations in positioning and 
maintaining buoys and their sinkers in precise geographical locations.
    (ii) Buoy moorings vary in length. The mooring lengths define a 
``watch circle'', and buoys can be expected to move within this circle. 
Actual watch circles do not coincide with the dots or circles 
representing them on charts.
    (iii) Buoy positions are normally verified during periodic 
maintenance visits. Between visits, environmental conditions, including 
atmospheric and sea conditions, and seabed slope and composition, may 
shift buoys off their charted positions. Also buoys may be dragged off 
station, sunk, or capsized by a collision with a vessel.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.25  Lateral marks.

    (a) Lateral marks define the port and starboard sides of a route to 
be followed. They may be either beacons or buoys.
    (b) Sidemarks are lateral marks which advise the mariner to stay to 
one side of the mark. Their most frequent use is to mark the sides of 
channels; however, they may be used individually to mark obstructions 
outside of clearly defined channels. Sidemarks are not always placed 
directly on a channel edge and may be positioned outside the channel as 
indicated on charts and nautical publications.

[[Page 148]]

    (1) Port hand marks indicate the left side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have green 
square daymarks, while buoys are green can or pillar buoys.
    (2) Starboard hand marks indicate the right side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have red 
triangular daymarks, while buoys are red nun or pillar buoys.
    (c) Preferred channel marks indicate channel junctions or 
bifurcations and may also mark wrecks or obstructions which the mariner, 
after consulting a chart to ascertain the location of the obstruction 
relative to the aid, may pass on either side. Preferred channel marks 
have red and green horizontal bands with the color of the topmost band 
indicating the preferred channel. If the topmost band is green, the mark 
serves as a port hand mark for vessels following the preferred channel 
proceeding in the Conventional Direction of Buoyage, and as a starboard 
hand mark for the other channel. Beacons would have square daymarks, 
while buoys would be can or pillar buoys. If the topmost band is red, 
the mark serves as a starboard hand mark for vessels following the 
preferred channel proceeding in the Conventional Direction of Buoyage, 
and a port hand mark for the other channel. Beacons would have 
triangular daymarks, while buoys would be nun or pillar buoys.
    (d) The above color schemes apply to IALA Region B. Marks located in 
the IALA Region A exhibit reversed color significance: port hand marks 
will be red when following the Conventional Direction of Buoyage, and 
starboard hand marks will be green. The meaning of daymark and buoy 
shapes is identical in both regions.
    (e) Certain marks on the Intracoastal Waterway may exhibit reversed 
lateral significance. See Sec. 62.49.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.27  Safe water marks.

    Safe water marks indicate that there is navigable water all around 
the mark. They are often used to indicate fairways or midchannels, or 
the seaward end of channels. Safe water marks are colored with red and 
white vertical stripes. Beacons have an octagonal daymark; red and white 
buoys are spherical or display a red spherical topmark.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.29  Isolated danger marks.

    Isolated danger marks indicate an isolated danger which may be 
passed on all sides. As these marks are erected or moored on or near 
dangers, they should not be approached closely without special caution. 
These marks are colored black with one or more broad horizontal red 
bands and are equipped with a topmark of two black spheres, one above 
the other.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.31  Special marks.

    Special marks are not primarily intended to assist safe navigation, 
but to indicate special areas or features referred to in charts or other 
nautical publications. They may be used, for example, to mark 
anchorages, cable or pipeline areas, traffic separation schemes, 
military exercise zones, ocean data acquisition systems, etc. Special 
marks are colored solid yellow.



Sec. 62.32  Inland waters obstruction mark.

    (a) On inland waters designated by the Commandant as State waters in 
accordance with Sec. 66.05-5 of this chapter and on non-navigable 
internal waters of a State which have no defined head of navigation, a 
buoy showing alternate vertical black and white stripes may be used to 
indicate to a vessel operator that an obstruction to navigation extends 
from the nearest shore to the buoy.
    (b) The black and white buoy's meaning is ``do not pass between the 
buoy and the shore''. The number of white and black stripes is 
discretionary, provided that the white stripes are twice the width of 
the black stripes. Prior to December 31, 2003, this aid shall not be 
used on a waterway which has a red and white striped obstruction marker

[[Page 149]]

defined in Sec. 66.10-15(e)(3) of this chapter, unless all obstruction 
markers are replaced.

[CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 62.33  Information and regulatory marks.

    (a) Information and Regulatory Marks are used to alert the mariner 
to various warnings or regulatory matters. These marks have orange 
geometric shapes against a white background. The meanings associated 
with the orange shapes are as follows:
    (1) A vertical open-faced diamond signifies danger.
    (2) A vertical diamond shape having a cross centered within 
indicates that vessels are excluded from the marked area.
    (3) A circular shape indicates that certain operating restrictions 
are in effect within the marked area.
    (4) A square or rectangular shape will contain directions or 
instructions lettered within the shape.
    (b) When a buoy is used as an information or regulatory mark it 
shall be white with two horizontal orange bands placed completely around 
the buoy circumference. One band shall be near the top of the buoy body, 
with a second band placed just above the waterline of the buoy so that 
both bands are clearly visible.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 62.35  Mooring buoys.

    Mooring Buoys are white with a blue horizontal band. This 
distinctive color scheme is recommended to facilitate identification and 
to avoid confusion with aids to navigation.



Sec. 62.37  Lighthouses.

    Lighthouses are prominent beacons of varying size, color, and 
appearance employed to mark headlands, landfalls, harbor entrances, 
channel edges, hazards, and other features. While normally identified by 
their distinctive appearance, some lighthouses display diamond shaped, 
checkered daymarks to facilitate recognition.



Sec. 62.41  Ranges.

    Ranges are aids to navigation systems employing dual beacons which, 
when the structures appear to be in line, assist the mariner in 
maintaining a safe course. The appropriate nautical chart must be 
consulted when using ranges to determine whether the range marks the 
centerline of the navigable channel and also to ascertain what section 
of the range may be safety traversed. Ranges are generally, but not 
always, lighted, and display rectangular daymarks of various colors.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.43  Numbers and letters.

    (a) All solid red and solid green aids are numbered, with red aids 
bearing even numbers and green aids bearing odd numbers. The numbers for 
each increase in the Conventional Direction of Buoyage. Numbers are kept 
in approximately sequence on both sides of the channel by omitting 
numbers where necessary.
    (b) Only sidemarks are numbered. However, aids other than those 
mentioned above may be lettered to assist in their identification, or to 
indicate their purpose. Sidemarks may carry letters in addition to 
numbers to identify the first aid to navigation in a waterway, or when 
new aids to navigation are added to channels with previously completed 
numerical sequences. Letters on sidemarks will follow alphabetical order 
from seaward and proceeding toward the Conventional Direction of Buoyage 
and will be added to numbers as suffixes.
    (c) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. The colors of this material 
may convey the same significance as the aid except that letters and 
numbers may be white.
    (d) Exceptions to the provisions of this section will be found on 
the Western Rivers System. See Sec. 62.51.
    (e) The guidelines for the display of numbers and letters on aids to 
navigation are identical for both Region A and Region B; red aids to 
navigation

[[Page 150]]

display even numbers, and green aids display odd numbers.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.45  Light characteristics.

    (a) Lights on aids to navigation are differentiated by color and 
rhythm. Lighthouses and range lights may display distinctive light 
characteristics to facilitate recognition. No special significance 
should be attached to the color or rhythm of such lights. Other lighted 
aids to navigation employ light characteristics to convey additional 
information.
    (b) When proceeding in the Conventional Direction of Buoyage, aids 
to navigation, if lighted, display light characteristics as follows:
    (1) Green lights mark port (left) sides of channels and locations of 
wrecks or obstructions which are to be passed by keeping these lights on 
the port (left) hand of a vessel. Green lights are also used on 
Preferred Channel Marks where the topmost band is green.
    (2) Red lights mark starboard (right) sides of channels and 
locations of wrecks or obstructions which are to be passed by keeping 
these lights on the starboard (right) hand of a vessel. Red lights are 
also used on Preferred Channel Marks where the topmost band is red.
    (3) Certain lights marking the Intracoastal Waterway may display 
reversed lateral significance. See Sec. 62.49.
    (c) Yellow lights have no lateral significance. Except on the 
Western Rivers, see Sec. 62.51, white lights have no lateral 
significance. The purpose of aids exhibiting white or yellow lights may 
be determined by their shape, color, letters or numbers, and the light 
rhythm employed.
    (d) Light rhythms, except as noted in Sec. 62.51 for the Western 
Rivers, are employed as follows:
    (1) Aids with lateral significance display regularly flashing or 
regularly occulting light rhythms. Ordinarily, flashing lights 
(frequency not exceeding 30 flashes per minute) will be used.
    (2) Preferred Channel Marks display a composite group flashing light 
rhythm (groups of two flashes followed by one flash).
    (3) Safe Water Marks display a white Morse Code ``A'' rhythm (short-
long flash).
    (4) Isolated Danger Marks display a white group flashing two.
    (5) Special Marks display yellow lights with fixed or slow flashing 
rhythm preferred.
    (6) Mooring Buoys and Information and Regulatory Marks display white 
lights of various rhythms.
    (7) For situations where lights require a distinct cautionary 
significance, as at sharp turns, sudden channel constrictions, wrecks, 
or obstructions, a quick flashing light rhythm (60 flashes per minute) 
may be used.
    (e) Occasionally lights use sectors to mark shoals or warn mariners 
of other dangers. Lights so equipped show one color from most directions 
and a different color or colors over definite arcs of the horizon as 
indicated on the appropriate nautical chart. These sectors provide 
approximate bearing information since the observer should note a change 
of color as the boundary between the sectors is crossed. As sector 
bearings are not precise, they should be considered a warning only and 
not used to determine exact bearing to the light.
    (f) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. Green or red reflective 
material is used only on marks which, if lighted, would exhibit a light 
of that color. Yellow reflective material is used on special marks and 
on Intracoastal Waterway marks. No significance is attached to white 
reflective material.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 62.47  Sound signals.

    (a) Often sound signals are located on or adjacent to aids to 
navigation. When visual signals are obscured, sound signals warn 
mariners of the proximity of danger.
    (1) Sound signals are distinguished by their tone and phase 
characteristics.
    (i) Tones are determined by the devices producing the sound (i.e., 
diaphones, diaphragm horns, reed horns, sirens, whistles, bells and 
gongs).

[[Page 151]]

    (ii) Phase characteristics are defined by the signal's sound 
pattern, i.e., the number of blasts and silent periods per minute and 
their durations. Sound signals emanating from fixed structures generally 
produce a specific number of blasts and silent periods each minute when 
operating. Buoy sound signals are generally actuated by the motion of 
the sea and therefore do not emit a regular signal characteristic.
    (2) Where no live watch is maintained, sound signals are normally 
operated continuously. However, some are equipped with fog detectors 
which activate sound signals when visibility falls below a predetermined 
limit.
    (b) Mariners should not rely solely on sound signals to determine 
their positions for the following reasons:
    (1) Distance cannot be accurately determined by sound intensity.
    (2) Occasionally sound signals may not be heard in areas close to 
their location.
    (3) Signals may not sound in cases where fog exists close to, but 
not at, the location of the sound signal.
    (4) As buoy signals are generally activated by sea motion, they may 
produce no signals when seas are calm.
    (5) As previously noted, buoy positions are not always reliable. 
Therefore their sound signals cannot be assumed to be emanating from a 
fixed position.



Sec. 62.49  Intracoastal Waterway identification.

    (a) In addition to the conventional signals, aids to navigation 
marking the Intracoastal Waterway exhibit unique yellow symbols to 
distinguish them from aids marking other waters.
    (1) Yellow triangles indicate that aids to navigation so marked 
should be passed keeping them on the starboard (right) hand of a vessel, 
regardless of the aid's number, color, or light color.
    (2) Yellow squares indicate that aids to navigation so marked should 
be passed keeping them on the port (left) hand of a vessel, regardless 
of the aid's number, color, or light color.
    (3) A horizontal yellow band provides no lateral information, but 
simply identifies aids to navigation as marking the Intracoastal 
Waterway.
    (b) The above guidelines apply for vessels traversing the 
Intracoastal Waterway in a southerly direction on the Atlantic Coast, in 
a westerly direction on the Okeechobee Waterway, or in a westerly 
direction along the Gulf Coast.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.51  Western Rivers Marking System.

    (a) A variation of the standard U.S. aids to navigation system 
described above is employed on the Mississippi River and tributaries 
above Baton Rouge, LA and on certain other rivers which flow toward the 
Gulf of Mexico.
    (b) The Western Rivers System varies from the standard U.S. system 
as follows:
    (1) Buoys are not numbered.
    (2) Numbers on beacons do not have odd/even lateral significance 
but, rather, indicate mileage from a fixed point (normally the river 
mouth).
    (3) Diamond-shaped non-lateral dayboards, checkered red-and-white or 
green-and-white, similar to those used in the U.S. Aids to Navigation 
System, as appropriate, are used as crossing dayboards where the river 
channel crosses from one bank to the other.
    (4) Lights on green buoys and on beacons with green daymarks show a 
single flash which may be green or white.
    (5) Lights on red buoys and on beacons with red daymarks show a 
double flash [Group Flashing (2)] which may be red or white.
    (6) Isolated danger marks are not used.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-94-091, 61 FR 
27782, June 3, 1996; USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec. 62.53  Racons.

    (a) Aids to navigation may be enhanced by the use of radar beacons 
(racons). Racons, when triggered by a radar signal, will transmit a 
coded reply to the interrogating radar. This reply serves to identify 
the aid station by exhibiting a series of dots and dashes which appear 
on the radar display in a line emanating radially from just beyond the 
echo of the aid station. Although racons may be used on both laterally 
significant and non-laterally significant aids alike, the racon signal

[[Page 152]]

itself is for identification purposes only, and therefore carries no 
lateral significance.
    (b) Racons are also used as bridge marks to mark the best point of 
passage.



Sec. 62.54  Ownership identification.

    Ownership identification on private or state aids to navigation is 
permitted so long as it does not change or hinder an understanding of 
the meaning of the aid to navigation.

[CGD 97-018, 63 FR 33573, June 19, 1998]

Subpart C [Reserved]



     Subpart D_Public Participation in the Aids to Navigation System



Sec. 62.63  Recommendations.

    (a) The public may recommend changes to existing aids to navigation, 
request new aids or the discontinuation of existing aids, and report 
aids no longer necessary for maritime safety. These recommendations 
should be sent to the appropriate District Commander.
    (b) Recommendations, requests and reports should be documented with 
as much information as possible to justify the proposed action. 
Desirable information includes:
    (1) Nature of the vessels which transit the area(s) in the question, 
including type, displacement, draft, and number of passengers and crew.
    (2) Where practicable, the kinds of navigating devices used aboard 
such vessels (e.g, magnetic or gyro compasses, radio direction finders, 
radar, loran, and searchlights).
    (3) A chartlet or sketch describing the actual or proposed location 
of the aid(s), and a description of the action requested or recommended.



Sec. 62.65  Procedure for reporting defects and discrepancies.

    (a) Mariners should notify the nearest Coast Guard facility 
immediately of any observed aids to navigation defects or discrepancies.
    (b) The Coast Guard cannot monitor the many thousands of aids in the 
U.S. Aids to Navigation System simultaneously and continuously. As a 
result, it is not possible to maintain every aid operating properly and 
on its charted position at all times. Marine safety will be enhanced if 
persons finding aids missing, sunk, capsized, damaged, off station, or 
showing characteristics other than those advertised in the Light List, 
or other publication, promptly inform the Coast Guard. When making the 
report to the Coast Guard the mariner should consult the Light List to 
ensure the correct geographical information is used due to the 
similarity of names and geographical areas.
    (c) Procedures for reporting defects and discrepancies:
    (1) Radio messages should be prefixed ``Coast Guard'' and 
transmitted directly to a Government shore radio station listed in 
Chapter three of Radio Navigation Aids Publication, 117, for relay to 
the relevant District Commander.
    (2) Telephone, e-mail, or facsimile messages may also be used to 
advise the nearest Coast Guard unit of defects or discrepancies in aids 
to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2000-7223, 65 
FR 40054, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004]



PART 64_MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER
OBSTRUCTIONS--Table of Contents




                            Subpart A_General

Sec. 
64.01 Purpose.
64.03 Scope.
64.06 Definition of terms.

             Subpart B_Sunken Vessels and Other Obstructions

64.11 Marking and notification requirements.
64.13 Approval of markings.
64.16 Duration of marking on sunken vessels in navigable waters.

                          Subpart C_Structures

64.21 Marking and notification requirements.
64.23 Duration of marking on structures.

[[Page 153]]

                   Subpart D_Miscellaneous Provisions

64.31 Determination of hazard to navigation.
64.33 Marking by the Coast Guard.

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 43 
U.S.C. 1333; Department of Homeland Sec. rity Delegation No. 0170.

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted.



                            Subpart A_General

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.01  Purpose.

    This part prescribes rules relating to the marking of structures, 
sunken vessels and other obstructions for the protection of maritime 
navigation.



Sec. 64.03  Scope.

    (a) Except as provided in paragraph (b) of this section these rules 
apply to:
    (1) Structures located in or over waters subject to the jurisdiction 
of the United States and, on the high seas, structures owned or operated 
by persons subject to the jurisdiction of the United States;
    (2) Sunken vessels in the navigable waters or waters above the 
continental shelf of the United States; and
    (3) Other obstructions existing on or in the navigable waters or 
waters above the continental shelf of the United States.
    (b) The following obstructions are exempt from the requirements of 
this part:
    (1) Dredging pipelines subject to Subchapter D of this chapter;
    (2) Bridges subject to Subchapter J of this chapter;
    (3) Vessels subject to the International Regulations for preventing 
Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;
    (4) Deepwater port facilities subject to subchapter NN of this 
chapter; and
    (5) Artificial islands and structures subject to Part 67 of this 
subchapter.



Sec. 64.06  Definition of terms.

    As used in this part:
    Hazard to navigation means an obstruction, usually sunken, that 
presents sufficient danger to navigation so as to require expeditious, 
affirmative action such as marking, removal, or redefinition of a 
designated waterway to provide for navigational safety.
    Markings means the lights and other signals placed on or near 
structures, sunken vessels, and other obstructions for the protection of 
navigation.
    Navigable waters of the United States means those waters described 
in Sec. 2.36(a) of this chapter, specifically including the waters 
described in Sec. 2.22(a)(2) of this chapter.
    Obstruction means anything that restricts, endangers, or interferes 
with navigation.
    Structures means any fixed or floating obstruction, intentionally 
placed in the water, which may interfere with or restrict marine 
navigation.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992; USCG-2001-9044, 68 FR 42601, July 
18, 2003]



             Subpart B_Sunken Vessels and Other Obstructions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.11  Marking and notification requirements.

    (a) The owner of a vessel, raft, or other craft wrecked and sunk in 
a navigable channel shall mark it immediately with a buoy or daymark 
during the day and with a light at night. The owner of a sunken vessel, 
raft, or other obstruction that otherwise constitutes a hazard to 
navigation shall mark it in accordance with this subchapter.
    (b) Owners of vessels sunk in waters subject to the jurisdiction of 
the United States or sunk on the high seas, if the owner is subject to 
the jurisdiction of the United States, shall promptly report to the 
District Commander, in whose jurisdiction the obstruction is located, 
the action they are taking to mark the sunken vessel, giving the 
following information (in addition to the information required by 46 CFR 
4.05, Notice of Marine Casualty and Voyage Records):
    (1) Name and description of the sunken vessel;

[[Page 154]]

    (2) Accurate description of the location of the vessel;
    (3) Depth of water over the vessel; and
    (4) Location and type of marking established, including color and 
shape of buoy or other daymark and characteristic of the light.
    (c) Owners of other obstructions may report the existence of such 
obstructions and mark them in the same manner as prescribed for sunken 
vessels.
    (d) Owners of marine pipelines that are determined to be hazards to 
navigation shall report and mark the hazardous portion of those 
pipelines in accordance with 49 CFR parts 192 or 195, as applicable.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992; USCG-1998-3799, 63 FR 35526, June 
30, 1998; USCG-2006-25150, 71 FR 39208, July 12, 2006]



Sec. 64.13  Approval of markings.

    (a) All markings of sunken vessels and other obstructions 
established in accordance with Sec. 64.11 must be reported to and 
approved by the appropriate District Commander.
    (b) Should the District Commander determine that these markings are 
inconsistent with Part 62 of this subchapter, they must be replaced as 
soon as practicable with approved markings.

[ CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated by CGD 91-031, 57 
FR 43402, Sept. 21, 1992, and amended by USCG-2001-9286, 66 FR 33640, 
June 25, 2001]



Sec. 64.16  Duration of marking on sunken vessels in navigable waters.

    Markings shall be maintained until:
    (a) The sunken vessel or other obstruction is removed; or
    (b) The right of the owner to abandon is legally established and 
exercised.

    Note: Notices of abandonment of sunken vessels or other obstructions 
will not be accepted by the Coast Guard. Any notice of intention to 
abandon should be addressed to the District Engineer, Corps of 
Engineers, U.S. Army, within whose district the sunken vessel or other 
obstruction is located.



                          Subpart C_Structures

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.21  Marking and notification requirements.

    Before establishing a structure, the owner or operator shall apply 
for Coast Guard authorization to mark the structure in accordance with 
Sec. 66.01-5 of this chapter. The appropriate District Commander will 
determine the marking requirements.



Sec. 64.23  Duration of marking on structures.

    Markings determined to be required shall be established and 
maintained until:
    (a) The structure is removed; or
    (b) Otherwise directed by the District Commander.



                   Subpart D_Miscellaneous Provisions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.31  Determination of hazard to navigation.

    In determining whether an obstruction is a hazard to navigation for 
the purposes of marking, the District Commander considers, but is not 
limited to, the following factors:
    (a) Location of the obstruction in relation to the navigable channel 
and other navigational traffic patterns;
    (b) Navigational difficulty in the vicinity of the obstruction;
    (c) Depth of water over the obstruction, fluctuation of the water 
level, and other hydrologic characteristics in the area;
    (d) Draft, type, and density of vessel traffic or other marine 
activity in the vicinity of the obstruction;
    (e) Physical characteristics of the obstruction;
    (f) Possible movement of the obstruction;
    (g) Location of the obstruction in relation to other obstructions or 
aids to navigation;

[[Page 155]]

    (h) Prevailing and historical weather conditions;
    (i) Length of time that the obstruction has been in existence;
    (j) History of vessel incidents involving the obstruction; and
    (k) Whether the obstruction is defined as a hazard to navigation 
under other statutes or regulations.

[CGD 91-031, 57 FR 43403, Sept. 21, 1992]



Sec. 64.33  Marking by the Coast Guard.

    (a) The District Commander may mark for the protection of maritime 
navigation any structure, sunken vessel or other obstruction that is not 
suitably marked by the owner. Markings established by the Coast Guard do 
not relieve the owner's duty or responsibility to mark the sunken vessel 
or other obstruction, or to remove it as required by law.
    (b) Costs for markings established by the Coast Guard will be 
determined in accordance with part 74 of this Chapter.
    (c) Costs for marking of a sunken vessel or other obstruction shall 
be charged to the owner and shall continue until:
    (1) The vessel or other obstruction is removed;
    (2) The right of the owner to abandon is legally established and has 
been exercised; or
    (3) The District Commander directs otherwise.

    Note: When the needs of navigation permit, the owner may be given 
reasonable opportunity to establish and maintain the necessary markings.



PART 66_PRIVATE AIDS TO NAVIGATION--Table of Contents




      Subpart 66.01_Aids to Navigation Other Than Federal or State

Sec. 
66.01-1 Basic provisions.
66.01-3 Delegation of authority to District Commanders.
66.01-5 Application procedure.
66.01-10 Characteristics.
66.01-11 Lights.
66.01-12 May I continue to use the private aid to navigation I am 
          currently using?
66.01-13 When must my newly manufactured equipment comply with these 
          rules?
66.01-14 Label affixed by manufacturer.
66.01-15 Action by Coast Guard.
66.01-20 Inspection.
66.01-25 Discontinuance and removal.
66.01-30 Corps of Engineers' approval.
66.01-40 Exemptions.
66.01-45 Penalties.
66.01-50 Protection of private aids to navigation.
66.01-55 Transfer of ownership.

                 Subpart 66.05_State Aids to Navigation

66.05-1 Purpose.
66.05-5 Definitions.
66.05-10 State waters for private aids to navigation; designations; 
          revisions, and revocations.
66.05-20 Coast Guard-State agreements.
66.05-25 Change and modification of State aids to navigation.
66.05-30 Notice to Mariners.
66.05-35 Private aids to navigation other than State owned.
66.05-40 Corps of Engineers' approval.
66.05-100 Designation of navigable waters as State waters for private 
          aids to navigation.

           Subpart 66.10_Uniform State Waterway Marking System

66.10-1 General.
66.10-5 [Reserved]
66.10-10 [Reserved]
66.10-15 Aids to navigation.
66.10-35 Navigation lights.

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-296, 
116 Stat. 2135; Department of Homeland Sec. rity Delegation No. 0170.1.



      Subpart 66.01_Aids to Navigation Other Than Federal or State

    Source: CGFR 68-152, 33 FR 19816, Dec. 27, 1968, unless otherwise 
noted.



Sec. 66.01-1  Basic provisions.

    (a) No person, public body or instrumentality not under the control 
of the Commandant, exclusive of the Armed Forces, shall establish and 
maintain, discontinue, change or transfer ownership of any aid to 
maritime navigation, without first obtaining permission to do so from 
the Commandant.
    (b) For the purposes of this subpart, the term private aids to 
navigation includes all marine aids to navigation operated in the 
navigable waters of the United States other than those operated by the 
Federal Government (part 62 of this subchapter) or those operated

[[Page 156]]

in State waters for private aids to navigation (subpart 66.05).
    (c) Coast Guard authorization of a private aid to navigation does 
not authorize any invasion of private rights, nor grant any exclusive 
privileges, nor does it obviate the necessity of complying with any 
other Federal, State or local laws or regulations.
    (d) With the exception of radar beacons (racons) and shore based 
radar stations, operation of electronic aids to navigation as private 
aids will not be authorized.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-3  Delegation of authority to District Commanders.

    (a) Under Sec. ion 888 of Pub. L. 107-296, 116 Stat. 2135, the 
Commandant delegates to the District Commanders within the confines of 
their respective districts (see Part 3 of this chapter for descriptions) 
the authority to grant permission to establish and maintain, 
discontinue, change or transfer ownership of private aids to maritime 
navigation, and otherwise administer the requirements of this subpart.
    (b) The decisions of the District Commander may be appealed within 
30 days from the date of decision. The decision of the Commandant in any 
case is final.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec. 66.01-5  Application procedure.

    To establish and maintain, discontinue, change, or transfer 
ownership of a private aid to navigation, you must apply to the 
Commander of the Coast Guard District in which the aid is or will be 
located. You can find application form CG-2554 at http://
www.uscgboating.org/safety/aton/aids.htm or you can request a paper copy 
by calling the Boating Safety Information line at (800) 368-5647. You 
must complete all parts of the form applicable to the aid concerned, and 
must forward the application to the District Commander. You must include 
the following information:
    (a) The proposed position of the aid to navigation by two or more 
horizontal angles, bearings and distance from charted landmarks, or the 
latitude and longitude as determined by GPS or differential GPS. Attach 
a section of chart or sketch showing the proposed position.
    (b) The name and address of the person at whose expense the aid will 
be maintained.
    (c) The name and address of the person who will maintain the aid to 
navigation.
    (d) The time and dates during which it is proposed to operate the 
aid.
    (e) The necessity for the aid.
    (f) For lights: The color, characteristic, range, effective 
intensity, height above water, and description of illuminating 
apparatus. Attach a copy of the manufacturer's data sheet to the 
application.
    (g) For sound signals: Type (whistle, horn, bell, etc.) and 
characteristic.
    (h) For buoys or daybeacons: Shape, color, number, or letter, depth 
of water in which located or height above water.
    (i) For racons: Manufacturer and model number of racon, height above 
water of desired installation, and requested coding characteristic. 
Equipment must have FCC authorization.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986; USCG-2000-7466, 68 FR 68238, Dec. 8, 2003; USCG-
2000-7466, 69 FR 12541, Mar. 17, 2004; USCG-2001-10714, 69 FR 24982, May 
5, 2004]



Sec. 66.01-10  Characteristics.

    The characteristics of a private aid to navigation must conform to 
those prescribed by the United States Aids to Navigation System set 
forth in subpart B of part 62 of this subchapter.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec. 66.01-11  Lights.

    (a) Except for range and sector lights, each light approved as a 
private aid to navigation must:
    (1) Have at least the effective intensity required by this subpart 
omnidirectionally in the horizontal plane, except at the seams of its 
lens-mold.
    (2) Have at least 50% of the effective intensity required by this 
subpart within 2[deg] of the horizontal plane.

[[Page 157]]

    (3) Have a minimum effective intensity of at least 1 candela for a 
range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 
candelas for one of 3 nautical miles, and 54 candelas for one of 5 
nautical miles. The District Commander may change the requirements for 
minimum intensity to account for local environmental conditions. For a 
flashing light this intensity is determined by the following formula:

Ie=G/(0.2+t2-t1)

Where:

Ie = Effective intensity
G = The integral of the instantaneous intensity of the flashed light 
with respect to time
t1 = Time in seconds at the beginning of the flash
t2 = Time in seconds at the end of the flash
t2-t1 is greater than or equal to 0.2 seconds.

    (4) Unless the light is a prefocused lantern, have a means of 
verifying that the source of the light is at the focal point of the 
lens.
    (5) Emit a color within the angle of 50% effective intensity with 
color coordinates lying within the boundaries defined by the corner 
coordinates in Table 66.01-11(5) of this part when plotted on the 
Standard Observer Diagram of the International Commission on 
Illumination (CIE).

             Table 66.01-11(5)--Coordinates of Chromaticity
------------------------------------------------------------------------
                                                        Coordinates of
                                                         chromaticity
                        Color                        -------------------
                                                       x axis    y axis
------------------------------------------------------------------------
White...............................................     0.500     0.382
                                                         0.440     0.382
                                                         0.285     0.264
                                                         0.285     0.332
                                                         0.453     0.440
                                                         0.500     0.440
Green...............................................     0.305     0.689
                                                         0.321     0.494
                                                         0.228     0.351
                                                         0.028     0.385
Red.................................................     0.735     0.265
                                                         0.721     0.259
                                                         0.645     0.335
                                                         0.665     0.335
Yellow..............................................     0.618     0.382
                                                         0.612     0.382
                                                         0.555     0.435
                                                         0.560     0.440
------------------------------------------------------------------------

    (6) Have a recommended interval for replacement of the source of 
light that ensures that the lantern meets the minimal required intensity 
stated in paragraph (a)(3) of this section in case of degradation of 
either the source of light or the lens.
    (7) Have autonomy of at least 10 days if the light has a self-
contained power system. Power production for the prospective position 
should exceed the load during the worst average month of insolation. The 
literature concerning the light must clearly state the operating limits 
and service intervals. Low-voltage disconnects used to protect the 
battery must operate so as to prevent sporadic operation at night.
    (b) The manufacturer of each light approved as a private aid to 
navigation must certify compliance by means of an indelible plate or 
label affixed to the aid that meets the requirements of Sec. 66.01-14.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec. 66.01-12  May I continue to use the private aid to navigation I am currently using?

    If, after March 8, 2004, you modify, replace, or install any light 
that requires a new application as described in Sec. 66.01-5, you must 
comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-13  When must my newly manufactured equipment comply with these rules?

    After March 8, 2004, equipment manufactured for use as a private aid 
to navigation must comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-14  Label affixed by manufacturer.

    (a) Each light, intended or used as a private aid to navigation 
authorized by this part, must bear a legible, indelible label (or 
labels) affixed by the manufacturer and containing the following 
information:
    (1) Name of the manufacturer.
    (2) Model number.
    (3) Serial number.
    (4) Words to this effect: ``This equipment complies with 
requirements of the U.S. Coast Guard in 33 CFR part 66.''
    (b) This label must last the service life of the equipment.

[[Page 158]]

    (c) The manufacturer must provide the purchaser a data sheet 
containing the following information:
    (1) Recommended service life based on the degradation of either the 
source of light or the lamp.
    (2) Range in nautical miles.
    (3) Effective intensity in candela.
    (4) Size of lamp (incandescent only).
    (5) Interval, in days or years, for replacement of dry-cell or 
rechargeable battery.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec. 66.01-15  Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
for completeness and will assign the aid one of the following 
classifications:
    Class I: Aids to navigation on marine structures or other works 
which the owners are legally obligated to establish, maintain and 
operate as prescribed by the Coast Guard.
    Class II: Aids to navigation exclusive of Class I located in waters 
used by general navigation.
    Class III: Aids to navigation exclusive of Class I located in waters 
not ordinarily used by general navigation.
    (b) Upon approval by the District Commander, a signed copy of the 
application will be returned to the applicant. Approval for the 
operation of radar beacons (racons) will be effective for an initial two 
year period, then subject to annual review without further submission 
required of the owner.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-20  Inspection.

    All classes of private aids to navigation shall be maintained in 
proper operating condition. They are subject to inspection by the Coast 
Guard at any time and without prior notice.



Sec. 66.01-25  Discontinuance and removal.

    (a) No person, public body or instrumentality shall change, move or 
discontinue any authorized private aid to navigation required by statute 
or regulation (Class I, Sec. 66.01-15) without first obtaining 
permission to do so from the District Commander.
    (b) Any authorized private aid to navigation not required by statute 
or regulation (Classes II and III, Sec. 66.01-15) may be discontinued 
and removed by the owner after 30 days' notice to the District Commander 
to whom the original request for authorization for establishment of the 
aid was submitted.
    (c) Private aids to navigation which have been authorized pursuant 
to this part shall be discontinued and removed without expense to the 
United States by the person, public body or instrumentality establishing 
or maintaining such aids when so directed by the District Commander.



Sec. 66.01-30  Corps of Engineers' approval.

    (a) Before any private aid to navigation consisting of a fixed 
structure is placed in the navigable waters of the United States, 
authorization to erect such structure shall first be obtained from the 
District Engineer, U.S. Army Corps of Engineers in whose district the 
aid will be located.
    (b) The application to establish any private aid to navigation 
consisting of a fixed structure shall show evidence of the required 
permit having been issued by the Corps of Engineers.



Sec. 66.01-40  Exemptions.

    (a) Nothing in the preceding sections of this subpart shall be 
construed to interfere with or nullify the requirements of existing laws 
and regulations pertaining to the marking of structures, vessels and 
other obstructions sunken in waters subject to the jurisdiction of the 
United States (Part 64 of this subchapter), the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or 
the lighting of bridges over navigable waters of the United States 
(Subchapter J of this subchapter).
    (b) Persons marking bridges pursuant to Subchapter J of this title 
are exempted from the provisions of Sec. 66.01-5.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-45  Penalties.

    Any person, public body or instrumentality, excluding the armed 
forces,

[[Page 159]]

who shall establish, erect or maintain any aid to maritime navigation 
without first obtaining authority to do so from the Coast Guard, with 
the exception of those established in accordance with Sec. 64.10 of 
this chapter, or who shall violate the regulations relative thereto 
issued in this part, is subject to the provisions of 14 U.S.C. 83.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-50  Protection of private aids to navigation.

    Private aids to navigation lawfully maintained under these 
regulations are entitled to the same protection against interference or 
obstruction as is afforded by law to Coast Guard aids to navigation 
(Part 70 of this subchapter). If interference or obstruction occurs, a 
prompt report containing all the evidence available should be made to 
the Commander of the Coast Guard District in which the aids are located.



Sec. 66.01-55  Transfer of ownership.

    (a) When any private aid to navigation authorized by the District 
Commander, or the essential real estate or facility with which the aid 
is associated, is sold or transferred, both parties to the transaction 
shall submit application (Sec. 66.01-5) to the Commander of the Coast 
Guard District in which the aid is located requesting authority to 
transfer responsibility for maintenance of the aid.
    (b) The party relinquishing responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the discontinuance and the change of ownership of the aid 
sold or transferred.
    (c) The party accepting responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the establishment and the change of ownership of the aid sold 
or transferred.
    (d) In the event the new owner of the essential real estate or 
facility with which the aid is associated refuses to accept 
responsibility for maintenance of the aid, the former owner shall be 
required to remove the aid without expense to the United States. This 
requirement shall not apply in the case of any authorized private aid to 
navigation required by statute or regulation (Class I, Sec. 66.01-15) 
which shall be maintained by the new owner until the conditions which 
made the aid necessary have been eliminated.



                 Subpart 66.05_State Aids to Navigation

    Source: CGFR 66-32, 31 FR 10320, July 30, 1966, unless otherwise 
noted.



Sec. 66.05-1  Purpose.

    The purpose of the regulations in this subpart is to prescribe the 
conditions under which state governments may regulate aids to navigation 
owned by state or local governments, or private parties. With the 
exception on the provisions of subpart 66.10, which are valid until 
December 31, 2003, aids to navigation must be in accordance with the 
United States Aids to Navigation System in part 62 of this subchapter.

[CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 66.05-5  Definitions.

    (a) The term State waters for private aids to navigation means those 
navigable waters of the United States which the Commandant, upon request 
of a State Administrator, has designated as waters within which a State 
government may regulate the establishment, operation, and maintenance of 
marine aids to navigation, including regulatory markers. The Commandant 
will entertain requests to make such designations with respect to 
navigable waters of the United States not marked by the Federal 
government. These designations when approved will be set forth in 
separate sections by States in this subpart and will briefly describe or 
identify waters so designated.
    (b) The term Uniform State Waterway Marking System (USWMS) means the 
system of private aids to navigation which may be operated in State 
waters. Subpart 66.10, which describes the USWMS, expires on December 
31, 2003.
    (c) The term State Administrator means the official of a State 
having power under the law of the State to regulate, establish, operate 
or maintain maritime aids to navigation on

[[Page 160]]

waters over which the State has jurisdiction.
    (d) The term State aids to navigation means all private marine aids 
to navigation operated in State waters for private aids to navigation, 
whether owned by a State, political subdivisions thereof or by 
individuals, corporations, or organizations.
    (e) The term regulate State maritime aids to navigation means to 
control the establishment, disestablishment, operation and maintenance 
of State aids to navigation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 66.05-10  State waters for private aids to navigation; designations; revisions, and revocations.

    (a) A State Administrator who desires to regulate State maritime 
aids to navigation in the navigable waters of the United States not 
marked by the Federal Government, shall request the Commandant to 
designate the specific bodies of water involved as State waters for 
private aids to navigation.
    (b) The request shall be forwarded to the District Commander in 
whose district the bodies of water are located. The request shall give 
the name and description of the waterway; the extent of use being made 
of the waterway for marine navigation, in general terms; an appropriate 
chart or sketch of the area; and a general outline of the nature and 
extent of the State aids to navigation which the Administrator plans to 
establish in the waterway.
    (c) The District Commander shall review the request and consult with 
the State Administrator concerning the terms of an initial agreement to 
be entered into under provisions of Sec. 66.05-20. When they have 
arrived at terms of an agreement satisfactory to both, the District 
Commander shall forward the request to the Commandant with 
recommendations and the terms of agreement mutually settled upon. If 
they cannot reach such agreement, the District Commander shall forward 
the request with recommendations and a statement of the points agreed 
upon and the points remaining at issue.
    (d) Upon receipt of the request, the Commandant will determine 
whether or not approval of the request is in the public interest and 
will inform the State Administrator and the District Commander of the 
Coast Guard's decision. If the request is approved, the designation by 
the Commandant of the waters in question as State waters for private 
aids to navigation will be also defined and described in this subpart.
    (e) The Commandant may, upon his or her own initiative or upon 
request, revoke or revise any designations of State waters for private 
aids to navigation previously made by him or her. Written notice shall 
be given the State Administrator of the action contemplated by the 
Commandant. The State Administrator will be afforded a period of not 
less than 30 days from the date of the notice in which to inform the 
Commandant of the State's views in the matter before final action is 
completed to revoke or revise such designation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2001-10714, 
69 FR 24982, May 5, 2004]



Sec. 66.05-20  Coast Guard-State agreements.

    (a) The District Commander in whose District a waterway is located 
may enter into agreements with State Administrators permitting a State 
to regulate aids to navigation, including regulatory markers, in State 
waters for private aids to navigation, as, in the opinion of the 
District Commander, the State is able to do in a manner to improve the 
safety of navigation. When a waterway is located within the area of 
jurisdiction of more than one Coast Guard District, the District 
Commander in whose District the State capital is located shall execute 
the agreement in behalf of the Coast Guard. All such agreements shall 
reserve to the District Commander the right to inspect the State aids to 
navigation without prior notice to the State. They shall stipulate that 
State aids to navigation will conform to the Uniform State Waterway 
marking System or to the U.S. Aids to Navigation System and that the 
State Administrator will modify or remove State aids to navigation 
without expense to the United States when so directed by the District 
Commander, subject to the

[[Page 161]]

right of appeal on the part of the State Administrator to the 
Commandant.
    (b) A Coast Guard-State agreement shall become effective when both 
parties have signed the agreements. In lieu of the procedure prescribed 
in Sec. 66.01-5, the agreement shall constitute blanket approval by the 
Commandant, of the State aids to navigation, including regulatory 
markers, established or to be established in State waters for private 
aids to navigation designated or to be designated by the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of this 
section, Coast Guard-State agreements shall cover the following points, 
together with such other matters as the parties find it desirable to 
include:
    (1) A description, in sufficient detail for publication in Notices 
to Mariners, of all aids to navigations under State jurisdiction in 
navigable waters of the United States in existence prior to the 
effective date of the agreement which have not been previously approved 
under procedures of Sec. 66.01-5.
    (2) Procedures for use by the State administrator to notify the 
District Commander of changes made in State aids to navigation, as 
required by Sec. 66.05-25.
    (3) If prior to December 21, 2003, specification of the marking 
system to be used, whether the U.S. Aids to Navigation System or the 
Uniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape of 
markers, the use of identifying letters, the use of reflectors or 
retroreflective materials, and any other similar standards so as to 
enable Coast Guard inspectors to determine compliance with Statewide 
standards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 66.05-25  Change and modification of State aids to navigation.

    Wherever a State Administrator determines the need for change in 
State aids to navigation, he or she must inform the District Commander 
of the nature and extent of the changes, as soon as possible, but not 
less than 30 days in advance of making the changes.

[USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.05-30  Notice to Mariners.

    (a) To improve public safety, the District Commander may publish 
information concerning State aids to navigation, including regulatory 
markers, in the Coast Guard Local Notices to Mariners.
    (b) Notices to Mariners which concern the establishment, 
disestablishment, or change of State aids to navigation, including 
regulatory markers, may be published whenever the aids to navigation 
concerned are covered by navigational charts or maps issued by the 
National Ocean Service or the U.S. Army Corps of Engineers.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.05-35  Private aids to navigation other than State owned.

    (a) No person, public body or other instrumentality not under 
control of the Commandant or the State Administrator, exclusive of the 
Armed Forces of the United States, shall establish, erect or maintain in 
State waters for private aids to navigation any aid to navigation 
without first obtaining permission to do so from the State 
Administrator. Discontinuance of any State aids to navigation may be 
effected by order of the State Administrator.



Sec. 66.05-40  Corps of Engineers' approval.

    (a) In each instance where a regulatory marker is to be established 
in navigable waters of the United States which have been designated by 
the Commandant as State waters for private aids to navigation, the State 
Administrator is responsible for obtaining prior permission from the 
District Engineer, U.S. Army Corps of Engineers concerned, authorizing 
the State to regulate the water area involved, or a statement that there 
is no objection to the proposed regulation of the water area. A copy of 
the Corps of Engineers permit or letter of authority shall be

[[Page 162]]

provided by the Administrator to the District Commander upon request.
    (b) Similarly, where an aid to navigation is to be placed on a fixed 
structure or a mooring buoy is to be established in State waters for 
private aids to navigation, the State Administrator shall assure that 
prior permission or a statement of no objection to the structures or 
mooring buoys proposed is obtained from the District Engineer concerned. 
A copy of the permit or letter is not required by the District 
Commander.



Sec. 66.05-100  Designation of navigable waters as State waters for private aids to navigation.

    In accordance with the procedures contained in Sec. 66.05-10(d), 
the following navigable waters listed by the State in which they are 
located, are designated as State waters for private aids to navigation:
    (a) Arizona. The portion of Lake Havasu within the State, except 
that portion within Havasu Lake National Wildlife Refuge.
    (b) Louisiana. The portion of Toledo Bend Reservoir within the 
State.
    (c) Missouri. Teach water within the State except the:
    (1) Mississippi River; and
    (2) Missouri River.
    (d) Montana. The portion of Missouri River between the U.S. Highway 
287 bridge near Townsend and Great Falls including the following 
impoundments:
    (1) Black Eagle Dam Reservoir.
    (2) Canyon Ferry Reservoir.
    (3) Hauser Lake.
    (4) Holter Lake.
    (5) Rainbow Dam Reservoir.
    (e) North Carolina. Navigable waters within the State not marked 
with Coast Guard aids to navigation on June 1, 1973.
    (f) Pennsylvania. The portion of Youghiogheny River Reservoir within 
the State.
    (f-1) South Carolina. (1) The portion of Lake Wylie within the 
State; (2) Lake Marion; (3) Lake Moultrie; and (4) Lake Murray.
    (g) Texas. The portion of Toledo Bend Reservoir within the State.
    (h) Virginia. (1) Claytor Lake, on the New River in Pulaski County.
    (2) Leesville Lake, on the Roanoke River below Smith Mountain Dam.
    (3) The portions of the following reservoirs within the State:
    (i) Gaston.
    (ii) Holston.
    (iii) John H. Kerr.
    (iv) Philpott.
    (i) Wisconsin. Navigable waters within the State not marked with 
Coast Guard aids to navigation as of May 1, 1996.

[CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76-015, 41 FR 
12879, Mar. 29, 1976; CGD 80-132, 46 FR 27643, May 21, 1981; CGD 98-
3604, 63 FR 55947, Oct. 20, 1998; USCG-2001-10714, 69 FR 24982, May 5, 
2004]



           Subpart 66.10_Uniform State Waterway Marking System



Sec. 66.10-1  General.

    (a) Until December 31, 2003, the Uniform State Waterway Marking 
System's (USWMS) aids to navigation provisions for marking channels and 
obstructions may be used in those navigable waters of the U.S. that have 
been designated as state waters for private aids to navigation and in 
those internal waters that are non-navigable waters of the U.S. All 
other provisions for the use of regulatory markers and other aids to 
navigation shall be in accordance with United States Aid to Navigation 
System, described in part 62 of this subchapter.
    (b) The USATONS may be used in all U.S. waters under state 
jurisdiction, including non-navigable state waters.

[CGD 97-018, 63 FR 33574, June 19, 1998]



Sec. 66.10-5  [Reserved]



Sec. 66.10-10  [Reserved]



Sec. 66.10-15  Aids to navigation.

    (a) USWMS aids to navigation may have lateral or cardinal meaning.
    (b) On a well defined channel including a river or other relatively 
narrow natural or improved waterway, an aid to navigation shall normally 
be a solid colored buoy. A buoy which marks the left side of the channel 
viewed looking upstream or toward the head of navigation shall be 
colored all black. A buoy which marks the right side of the channel 
viewed looking upstream or toward

[[Page 163]]

the head of navigation shall be colored all red. On a well defined 
channel, solid colored buoys shall be established in pairs, one on each 
side of the navigable channel which they mark, and opposite each other 
to inform the user that the channel lies between the buoys and that the 
user should pass between the buoys.
    (c) On an irregularly defined channel, solid colored buoys may be 
used singly in staggered fashion on alternate sides of the channel 
provided they are spaced at sufficiently close intervals to inform the 
user that the channel lies between the buoys and that the user should 
pass between the buoys.
    (d) Where there is no well-defined channel or when a body of water 
is obstructed by objects whose nature or location is such that the 
obstruction can be approached by a vessel from more than one direction, 
supplemental aids to navigation having cardinal meaning (i.e., 
pertaining to the cardinal points of the compass, north, east, south, 
and west) may be used. The use of an aid to navigation having cardinal 
meaning is discretionary provided that the use of such a marker is 
limited to wholly State owned waters and the State waters for private 
aids to navigation as defined and described in this part.
    (e) Aids to navigation conforming to the cardinal system shall 
consist of three distinctly colored buoys.
    (1) A white buoy with a red top may be used to indicate to a vessel 
operator that the operator must pass to the south or west of the buoy.
    (2) A white buoy with a black top may be used to indicate to a 
vessel operator that the operator must pass to the north or east of the 
buoy.
    (3) In addition, a buoy showing alternate vertical red and white 
stripes may be used to indicate to a vessel operator that an obstruction 
to navigation extends from the nearest shore to the buoy and that the 
operator must not pass between the buoy and shore. The number of white 
and red stripes is discretionary, provided that the white stripes are 
twice the width of the red stripes.

[CGFR 66-32, 31 FR 10321, July 30, 1966, as amended by CGD 97-018, 63 FR 
33574, June 19, 1998; USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec. 66.10-35  Navigation lights.

    A red light shall only be used on a solid colored red buoy. A green 
light shall only be used on a solid colored black or a solid colored 
green buoy. White lights shall be used for all other buoys. When a light 
is used on a cardinal system buoy or a vertically striped white and red 
buoy, it shall always be quick flashing.

[CGD 97-018, 63 FR 33574, June 19, 1998]



PART 67_AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND 
FIXED STRUCTURES--Table of Contents




                   Subpart 67.01_General Requirements

Sec. 
67.01-1 Scope.
67.01-5 Definitions.
67.01-10 Delegation of functions.
67.01-15 Classification of structures.
67.01-20 Prescribing lines of demarcation.
67.01-30 Equivalents.

              Subpart 67.05_General Requirements for Lights

67.05-1 Arrangement of obstruction lights.
67.05-5 Multiple obstruction lights.
67.05-10 Characteristics of obstruction lights.
67.05-15 Operating periods of obstruction lights.
67.05-20 Minimum lighting requirements.
67.05-25 Special lighting requirements.

          Subpart 67.10_General Requirements for Sound signals

67.10-1 Apparatus requirements.
67.10-5 Location requirements.
67.10-10 Operating requirements.
67.10-15 Approval of sound signals.
67.10-20 Sound signal tests.
67.10-25 Application for tests.
67.10-30 Withdrawal of approval.
67.10-35 Notice of approval and withdrawal of approval.
67.10-40 Sound signals authorized for use prior to January 1, 1973.

            Subpart 67.15_Miscellaneous Marking Requirements

67.15-1 Lights and signals on attendant vessels.
67.15-5 Seismographic and surveying operations.
67.15-10 Spoil banks, artificial islands, and dredged channels.

[[Page 164]]

                 Subpart 67.20_Class ``A'' Requirements

67.20-1 Class ``A'' structures.
67.20-5 Obstruction lights.
67.20-10 Sound signal.

                 Subpart 67.25_Class ``B'' Requirements

67.25-1 Class ``B'' structures.
67.25-5 Obstruction lights.
67.25-10 Sound signal.

                 Subpart 67.30_Class ``C'' Requirements

67.30-1 Class ``C'' structures.
67.30-5 Obstruction lights.
67.30-10 Sound signals.

                       Subpart 67.35_Applications

67.35-1 Procedure.
67.35-5 Contents of application.
67.35-10 Private aids to navigation.
67.35-15 To whom addressed.

                       Subpart 67.40_Notification

67.40-1 Notification to District Commander.
67.40-5 Waivers.
67.40-10 Communication with owner.
67.40-15 Marking at owner's expense.
67.40-20 Charges invoiced to owner.
67.40-25 Penalty.

                   Subpart 67.50_District Regulations

67.50-1 Scope.
67.50-5 First Coast Guard District.
67.50-15 Fifth Coast Guard District.
67.50-20 Seventh Coast Guard District.
67.50-25 Eighth Coast Guard District.
67.50-30 Ninth Coast Guard District.
67.50-35 Eleventh Coast Guard District.
67.50-45 Thirteenth Coast Guard District.
67.50-50 Seventeenth Coast Guard District.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Sec. rity Delegation No. 0170.1.

    Source: CGFR 58-17, 23 FR 3377, May 20, 1958, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 67 appear at USCG-2001-
10714, 69 FR 24983, 24984, May 5, 2004.



                   Subpart 67.01_General Requirements



Sec. 67.01-1  Scope.

    (a) The regulations in this part prescribe the obstruction lights 
and sound signals to be operated as privately maintained maritime aids 
to navigation on the artificial islands and structures which are erected 
on or over the seabed and subsoil of the Outer Continental Shelf and in 
the waters under the jurisdiction of the United States, for the purpose 
of exploring for, developing, removing and transporting resources 
therefrom.
    (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable 
to all private aids to navigation erected on or over the Outer 
Continental Shelf in the same manner and to the same extent as they are 
applicable to private aids to navigation established, erected, or 
maintained in the waters under the jurisdiction of the United States.



Sec. 67.01-5  Definitions.

    (a) Structures. The term ``structures'' as used in this part shall 
include all fixed structures, temporary or permanent, for which a Corps 
of Engineers' permit is issued. It shall include, but is not necessarily 
limited to, all drilling platforms, Mobile Offshore Drilling Units 
(MODUs) when attached to the bottom, production platforms, quarters 
platforms, pipe line riser platforms, manifold platforms, loading 
platforms, boat landings, caissons, well protective structures, tank 
battery barges submerged on station, drilling barges submerged on 
location, breakwater barges submerged on location, artificial islands 
and all other piles, pile clusters, pipes, or structures erected in the 
waters.
    (b) Class ``A'', ``B'', or ``C'' structures. The term ``Class A, B, 
or C structures'' refers to the classification assigned to structures 
erected in areas in which corresponding requirements for marking are 
prescribed.
    (c) Line of demarcation. The term ``line of demarcation'' means the 
dividing line used administratively to distinguish between the areas in 
which structures shall conform to Class ``A'' and Class ``B'' or ``C'' 
requirements.
    (d) Outer Continental Shelf. The term ``Outer Continental Shelf'' 
means all submerged lands lying seaward and outside the area of lands 
beneath navigable waters as defined in the Submerged Lands Act (Sec. 2, 
67 Stat. 29, 43 U. S. C. 1301), and of which the subsoil and seabed 
appertain to the United States and are subject to its jurisdiction and 
control.
    (e) Reliable operation. The term ``reliable'' as used in this part 
shall mean

[[Page 165]]

that dependability which will insure to the highest degree reasonably 
possible the uninterrupted operation of lights and sound signals as 
private aids to navigation for safety of marine commerce.
    (f) Sound signal. The term ``sound signal'' as used in this part 
shall mean the audible sound signal, authorized as a private aid to 
navigation, to mark a structure for the safety of marine commerce 
whenever the visibility has been reduced by fog, mist, rain, falling 
snow, smoke, dust, or other phenomena.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18, 28 FR 
4026, Apr. 14, 1963; USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-10  Delegation of functions.

    The Coast Guard District Commander may delegate the authority for 
performing inspections, enforcement, and administration of regulations 
to any civilian or military position in the Coast Guard.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-15  Classification of structures.

    (a) When will structures be assigned to a Class? The District 
Commander will assign structures to Class A, B, or C as part of 
processing an application for a permit to establish and operate lights 
and sound signals.
    (b) In general, where will the different classes of structures be 
located? Specific criteria in paragraph (c) of this section may create 
exceptions, but, in general, structures the farthest from shore are 
likely to be assigned to Class A and required to have obstruction lights 
and sound signals that can be detected from the farthest distance. 
Structures closest to shore are likely to be assigned to Class C and, 
while subject to requirements to ensure that they are also detectable 
from a safe distance away, will be required to have the least powerful 
obstruction lights or sound signals. The location and standards for 
Class B structures will generally be in between Class A and C 
structures.
    (c) What criteria will be used to classify structures? When 
assigning a structure to a class, the District Commander will take into 
consideration whether a line of demarcation has been prescribed, and 
matters concerning, but not necessarily limited to, the dimensions of 
the structure and the depth of water in which it is located, the 
proximity of the structure to vessel routes, the nature and amount of 
vessel traffic, and the effect of background lighting.
    (1) If a line of demarcation has been prescribed, the District 
Commander will assign those structures seaward of the line of 
demarcation to Class A. He or she will assign all structures shoreward 
of the line of demarcation to either Class B or Class C, unless the 
District Commander determines under Sec. 67.05-25 that the structure 
should be assigned to Class A because of the structure's proximity to a 
navigable channel, fairway or line of demarcation.
    (2) If a line of demarcation has not been prescribed, the District 
Commander will assign a structure to Class A, B, or C as he or she deems 
appropriate.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-20  Prescribing lines of demarcation.

    The District Commander sends recommendations for establishing or 
changing lines of demarcation to the Commandant. For the purposes of 
this part, when the Commandant approves of additions to or changes in 
prescribed lines of demarcation, such additions or changes will be 
published in the Federal Register and will become effective on the date 
specified in that publication.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.01-30  Equivalents.

    The use of alternate equipment, apparatus, or installation 
arrangements specified in this part may be permitted by the District 
Commander to such extent and under such conditions as will result in 
achieving a degree of safety or compliance with these regulations 
equivalent to or above the minimum requirements set forth in this part.

[[Page 166]]



              Subpart 67.05_General Requirements for Lights



Sec. 67.05-1  Arrangement of obstruction lights.

    (a) Structures having a maximum horizontal dimension of 30 feet or 
less on any one side, or in diameter, shall be required to have one 
obstruction light visible for 360[deg].
    (b) Structures having a maximum horizontal dimension of over 30 
feet, but not in excess of 50 feet, on any one side, or in diameter, 
shall be required to have two obstruction lights installed on diagonally 
opposite corners, 180[deg] apart, or as prescribed by the District 
Commander, each light to have a 360[deg] lens.
    (c) Structures having a horizontal dimension of over 50 feet on any 
one side, or in diameter, shall be required to have an obstruction light 
on each corner, or 90[deg] apart in the case of circular structures, or 
as prescribed by the District Commander, each light to have a 360[deg] 
lens.
    (d) Where the overall dimensions of a structure require the 
installation of two or more obstruction lights, the lights shall all be 
mounted on the same horizontal plane within the limitations of height 
specified in Sec. 67.20-5, Sec. 67.25-5, or Sec. 67.30-5, as 
applicable.
    (e) Lesser structures and piles, pile clusters or flare templates, 
etc., will not normally be required to be marked by obstruction lights, 
when they are located within 100 yards of a Class ``A'', ``B'' or ``C'' 
structure marked by established obstruction lights, but they shall be 
marked with red or white retro-reflective material, installed as 
prescribed by the District Commander.
    (f) All obstruction lights shall be installed in a manner which will 
permit at least one of them to be carried in sight of the mariner, 
regardless of the angle of approach, until the mariner is within 50 feet 
of the structure, visibility permitting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.05-5  Multiple obstruction lights.

    When more than one obstruction light is required by this part to 
mark a structure, all such lights shall be operated to flash in unison.



Sec. 67.05-10  Characteristics of obstruction lights.

    All obstruction lights required by this part shall be powered from a 
reliable power source, including auxiliary power sources as necessary. 
They shall display a quick-flash characteristic of approximately 60 
flashes per minute, unless prescribed otherwise in the permit issued by 
the District Commander. Their color shall be white when marking Class 
``A'' and ``B'' structures, and either white or red, as prescribed by 
the District Commander, when marking Class ``C'' structures. In 
determining whether white or red lights shall be authorized, the 
District Commander shall take into consideration matters concerning, but 
not necessarily limited to, the dimensions of the structure and the 
depth of water in which it is located; the proximity of the structure to 
vessel routes; the nature and amount of vessel traffic; and the effect 
of background lighting.



Sec. 67.05-15  Operating periods of obstruction lights.

    Obstruction lights shall be displayed at all times between the hours 
of sunset and sunrise, local time, commencing at the time the 
construction of a structure is begun. During construction and until such 
time as a platform capable of supporting the obstruction lights is 
completed, the fixed lights on an attending vessel shall be used. In 
addition, when lights are in use for general illumination to facilitate 
the construction or operation of a structure, and can be seen from any 
angle of approach at a distance equal to that prescribed for the 
obstruction lights for the class of structure, the actual operation of 
obstruction lights also will not be required.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]



Sec. 67.05-20  Minimum lighting requirements.

    The obstruction lighting requirements prescribed in this part are 
the minimum requirements only and shall not preclude the maintainer from 
making application for authorization to establish more lights, or lights 
of greater

[[Page 167]]

intensity than required to be visible at the distances prescribed: 
Provided, That the prescribed characteristics of color and flash 
duration are adhered to.



Sec. 67.05-25  Special lighting requirements.

    Whenever a structure is erected in a position on or adjacent to the 
edges of navigable channels and fairways, or lines of demarcation, the 
District Commander is authorized to require the structure to be marked 
by the lights which in his judgment are necessary for the safety of 
marine commerce, and without regard to the fact that the structure may 
be located in an area in which either Class ``B'' or Class ``C'' 
requirements are otherwise applicable. The requirements for the lights 
in any of these cases, shall not exceed those established for structures 
in the Class ``A'' areas.



          Subpart 67.10_General Requirements for Sound signals

    Source: CGD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise 
noted.



Sec. 67.10-1  Apparatus requirements.

    The sound signal required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Have its maximum intensity at a frequency between 100 and 1,100 
Hertz;
    (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 
seconds silence) unless otherwise authorized by the District Commander;
    (c) Have the rated range required by Sec. 67.20-10, Sec. 67.25-10, 
or Sec. 67.30-10;
    (d) Have a height not exceeding 25 feet;
    (e) Have not more than eight sound sources;
    (f) Be approved by the Coast Guard under Sec. 67.10-15; and
    (g) Be permanently marked with:
    (1) The date of Coast Guard approval;
    (2) The manufacturer and date of manufacture;
    (3) A model designation;
    (4) The approved range; and
    (5) The power necessary to comply with the provisions of paragraph 
(c) of this section.



Sec. 67.10-5  Location requirements.

    The sound signal required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Be located on the structure so that the sound signal produced is 
audible over 360[deg] in a horizontal plane at all ranges up to and 
including the required rated range; and
    (b) Be located at least 10 feet but not more than 150 feet above 
mean high water.



Sec. 67.10-10  Operating requirements.

    (a) Sound signals required by Sec. Sec. 67.20-10, 67.25-10, and 
67.30-10 must be operated continuously, regardless of visibility, unless 
the sound signal is controlled:
    (1) By an attendant on the structure;
    (2) Remotely by an attendant on a nearby structure; or
    (3) By a fog detection device capable of activating the sound signal 
when the visibility in any direction is reduced to the rated range at 
which sound signal operation is required by this part.
    (b) During construction and until such time as a sound signal is 
installed and operating on a platform, the whistle of an attending 
vessel moored alongside the platform may be used to sound the signal 
required for the structure by this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.10-15  Approval of sound signals.

    (a) The Coast Guard approves a sound signal if:
    (1) It meets the requirements for sound signals in Sec. 67.10-1 
(a), (b), (c), (d), and (e) when tested under Sec. 67.10-20; or
    (2) It is similar to a sound signal which was tested and approved 
under the provisions of this section and the Coast Guard has approved 
all variations in design, construction, production, and manufacture from 
the sound signal tested.
    (b) A sound signal that is an identical production model of a sound 
signal which has been approved under paragraph (a) of this section is a 
Coast Guard approved sound signal.



Sec. 67.10-20  Sound signal tests.

    (a) Sound signal tests must:

[[Page 168]]

    (1) Be made by the applicant in the presence of a Coast Guard 
representative, who certifies the test if the procedures comply with the 
requirements of this section;
    (2) Be made with Coast Guard supplied and calibrated sound level 
meters and power meters; and
    (3) Be made in an anechoic chamber large enough to accommodate the 
entire sound signal, as if installed for actual use.
    (b) The sound pressure level must be measured as a function of:
    (1) Distance by using a sufficient number of points to allow a far-
field extrapolation of the sound pressure level;
    (2) Power at outputs up to and including the approximate power level 
necessary to comply with Sec. 67.10-1(c);
    (3) Horizontal angle at increments not greater than 30[deg]; and
    (4) Harmonic content to at least the third harmonic.
    (c) In analyzing the test data to determine the minimum power 
necessary to produce the sound pressure level specified in Table A of 
this section the Coast Guard follows the procedures prescribed by the 
International Association of Lighthouse Authorities (IALA) in Supplement 
No. 3 to the IALA Bulletin of February 1969 for analysis of harmonic 
components and does not consider components above 1,100 Hertz as adding 
to the audible range.
[GRAPHIC] [TIFF OMITTED] TC21OC91.000



Sec. 67.10-25  Application for tests.

    A person requesting a Coast Guard representative at a test of a 
sound signal must:
    (a) Direct a written request to the Office of Aids to Navigation, 
U.S. Coast Guard Headquarters, 2100 Sec. nd Street SW., Washington, DC 
20593-0001 including:
    (1) Requestor's name, address, and telephone number;
    (2) A description of the sound signal;
    (3) Rated range for which approval is requested;
    (4) Location of the anechoic chamber; and
    (5) Proposed test dates.

[[Page 169]]

    (b) Bear all the expenses of conducting the test conducted in 
accordance with Sec. 67.10-20 including all travel and per diem 
expenses of the U.S. Government in sending a Coast Guard representative 
to the test.

[CGD 72-74R, 37 FR 13512, July 8, 1972, as amended by CGD88-052, 53 FR 
25119,July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; USCG-2001-
10714, 69 FR 24983, May 5, 2004]



Sec. 67.10-30  Withdrawal of approval.

    The Coast Guard may withdraw approval of a sound signal if it fails 
to meet the requirements of Sec. 67.10-1 (a), (b), and (c).



Sec. 67.10-35  Notice of approval and withdrawal of approval.

    (a) The Coast Guard publishes a notice of the approval or withdrawal 
of approval of a sound signal in the Local Notice to Mariners.
    (b) A listing of approved sound signals may be obtained from any 
District Commander.



Sec. 67.10-40  Sound signals authorized for use prior to January 1, 1973.

    Any sound signal authorized for use by the Coast Guard and 
manufactured prior to January 1, 1973, is excepted from the requirements 
in this subpart, except Sec. Sec. 67.10-1 (b) and (c), 67.10-5, and 
67.10-10, if the sound signal has a minimum sound pressure level as 
specified in Table A of Subpart 67.10 of Title 33 of the Code of Federal 
Regulations in effect on December 31, 1972, for the range required by 
Sec. 67.20-10, Sec. 67.25-10, or Sec. 67.30-10.



            Subpart 67.15_Miscellaneous Marking Requirements



Sec. 67.15-1  Lights and signals on attendant vessels.

    The requirements prescribed by this part apply to structures. The 
barges, vessels, and other miscellaneous floating plants in attendance 
must display lights and signals under the International Navigational 
Rules Act of 1977 (33 U.S.C. 1601-1608) that adopted the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), or the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001-2038). When 
vessels are fixed to or submerged onto the seabed, however, they become 
structures as described in Sec. 67.01-5.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec. 67.15-5  Seismographic and surveying operations.

    All stakes, casings, pipes, and buoys, except bamboo poles and 
wooden stakes less than 2 inches in diameter, placed in the water to 
facilitate seismographic or surveying operations shall be marked, in the 
manner prescribed by the District Commander, for the safety of 
navigation.



Sec. 67.15-10  Spoil banks, artificial islands, and dredged channels.

    (a) All submerged spoil banks, or artificial islands resulting from 
the dredging of private channels, laying of pipelines, or any other 
private operation, and all privately dredged channels which, in the 
judgment of the District Commander are required to be marked by aids to 
navigation, shall be marked by private aids to navigation conforming to 
the standard United States system of aids to navigation characteristics 
described in subpart B of part 62 of this subchapter.
    (b) To receive a permit to establish and maintain a private aid to 
navigation for the purposes described in paragraph (a) of this section, 
submit your application to the District Commander. The District 
Commander will review all applications and issue all permits.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



                 Subpart 67.20_Class ``A'' Requirements



Sec. 67.20-1  Class ``A'' structures.

    Class ``A'' structures shall be the structures erected in an area 
where Class ``A'' requirements must be met.



Sec. 67.20-5  Obstruction lights.

    The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part. The lights shall be of sufficient 
candlepower as to be visible at a distance of at least five nautical 
miles 90 percent of the nights of the year. The lights shall be 
displayed not less than 20 feet above mean high water, but not at a 
height greater than that governed by the requirement in Sec. 67.05-

[[Page 170]]

1(f) that mariners be able to see at least one of the lights, regardless 
of the angle of approach, until within 50 feet of the structure, 
visibility permitting.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec. 67.20-10  Sound signal.

    (a) The owner of a Class ``A'' structure shall:
    (1) Install a sound signal that has a rated range of at least 2 
miles; and,
    (2) Operate the sound signal when the visibility in any direction is 
less than 5 miles.
    (b) The District Commander may waive any requirements in paragraph 
(a) of this section if he or she finds that a structure is so close to 
other structures and so enveloped by the sound signals on other 
structures that it is not a hazard to navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 
69 FR 24984, May 5, 2004]



                 Subpart 67.25_Class ``B'' Requirements



Sec. 67.25-1  Class ``B'' structures.

    Class ``B'' structures shall be the structures erected in an area 
where Class ``B'' requirements must be met.



Sec. 67.25-5  Obstruction lights.

    (a) The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part and shall be of sufficient candlepower as to 
be visible at a distance of at least three nautical miles 90 percent of 
the nights of the year. The lights shall be displayed not less than 20 
feet above mean high water, but not at a height greater than that 
specified in Sec. 67.05-1(f), except that on Class ``B'' structures 
which are required to be marked by only one light, that light may be 
displayed not less than 10 feet above mean high water if the structural 
features preclude mounting the light within the range of heights 
otherwise specified in this section.
    (b) The District Commander may waive the requirement for obstruction 
lights on Class ``B'' structures if there is no hazard to navigation by 
so doing.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962]



Sec. 67.25-10  Sound signal.

    (a) The owner of a Class ``B'' structure shall:
    (1) Install a sound signal that has a rated range of at least one-
half mile, except that the District Commander may--
    (i) Prescribe a greater rated range, not to exceed 2 miles, under 
the provisions of paragraph (b) of this section; or
    (ii) Exempt the structure from the requirements of this paragraph, 
under the provisions of paragraph (c) of this section;
    (2) Operate the sound signal when the visibility in any direction is 
less than 3 miles, unless the District Commander establishes a greater 
or lesser distance of visibility, not to exceed 5 miles, under the 
provisions of paragraph (b) or (c) of this section.
    (b) The owner of a Class ``B'' structure shall install a sound 
signal with a greater rated range or operate it at times of greater 
visibility than required in paragraph (a) of this section if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairway; or
    (iii) Line of demarcation; and
    (2) The District Commander decides a greater range or operation of 
the sound signal at times of greater visibility is necessary for the 
safety of marine commerce.
    (c) The District Commander may waive or relax the provisions of 
paragraph (a) of this section, if he or she finds that a structure is:
    (1) So close to other structures and so enveloped by the sound 
signals on other structures that it is not a hazard to navigation; or
    (2) So located in a shoal area that it is not a hazard to 
navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 
69 FR 24983, 24984, May 5, 2004]

[[Page 171]]



                 Subpart 67.30_Class ``C'' Requirements



Sec. 67.30-1  Class ``C'' structures.

    Class ``C'' structures shall be the structures erected in an area 
where Class ``C'' requirements must be met.



Sec. 67.30-5  Obstruction lights.

    (a) The obstruction lights shall be white or red lights as 
prescribed in Subpart 67.05 of this part and shall be of sufficient 
candlepower as to be visible at a distance of at least one nautical mile 
90 percent of the nights of the year. The lights shall be displayed at 
such height, above mean high water, as shall be prescribed by the 
District Commander. When the District Commander shall authorize red 
lights to mark a Class ``C'' structure, the color thereof shall conform 
to the shade of red prescribed in Military Specification Mil-C-25050 
(ASG), Type 1, Grade D. A copy of the specification may be obtained from 
the Commanding Officer, Document Automation and Production Service, 700 
Robbins Avenue, Building 4, Sec. ion D, Philadelphia, PA 19111-5091.
    (b) When Class ``C'' structures are erected in close proximity to 
each other, or are connected in such a manner as to prevent marine 
traffic from passing freely through the field, obstruction lights may be 
authorized to mark the perimeter structures only, when in the judgment 
of the District Commander the group of structures which are equipped 
with obstruction lights are so arranged that the particular structures 
are protected to the degree required by this part, and are not a hazard 
to navigation.
    (c) Unless advised to the contrary by the District Commander, 
obstruction lights shall be required on Class ``C'' structures erected 
in depths of water greater than 3 feet at mean low water.
    (d) In cases where, although not required, an applicant desires to 
establish and operate obstruction lights, a permit therefor shall be 
granted, at the discretion of the District Commander: Provided, That the 
lights meet the requirements set forth in this part.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968; USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004]



Sec. 67.30-10  Sound signals.

    (a) The owner of a Class ``C'' structure shall install a sound 
signal if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairways; or
    (iii) Line of demarcation; and
    (2) The District Commander decides it is necessary for the safety of 
marine commerce.
    (b) Sound signals required by paragraph (a) of this section must 
have rated range of at least one-half mile, unless the District 
Commander prescribes a greater rated range, not to exceed 2 miles.
    (c) The owner of the structure shall operate the sound signal 
required by paragraph (a) of this section whenever the visibility in any 
direction is less than 3 miles, unless the District Commander 
establishes a greater or lesser distance of visibility, not to exceed 5 
miles.
    (d) Class ``C'' structures may have sound signals if:
    (1) Authorized by the District Commander under the provisions of 
Subpart 66.01 of this subchapter; and
    (2) The sound signal meets the requirements of Sec. 67.10-1 (a) and 
(b).

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                       Subpart 67.35_Applications



Sec. 67.35-1  Procedure.

    (a) An application, on Coast Guard forms which will be provided by 
the District Commander upon request, shall be submitted for each private 
aid to navigation for which a permit is required to establish, operate, 
move, change or discontinue, except as modified in this subpart.
    (b) An application on the prescribed form shall be submitted to the 
District Commander for each structure to be equipped with obstruction 
lights and/or sound signals if the structure is to remain in place six 
months or more. An

[[Page 172]]

application may be made by letter for each structure to be so equipped 
if the structure is to remain in place less than six months.
    (c) One application form only shall be submitted to the District 
Commander to cover a group of unlighted buoys or daybeacons.



Sec. 67.35-5  Contents of application.

    (a) All applicable items of the prescribed forms shall be completed. 
A brief descriptive print of the structure or aid to navigation involved 
shall be furnished with the application, together with a location plat 
or chart section. When Lambert coordinates are used to plot the position 
of the aid, the plat or chart shall be annotated to show latitude and 
longitude of the proposed aid to navigation, except when the position 
has been described by reference to one or more horizontal angles, or by 
the bearing and distance from a charted landmark.
    (b) Each application shall have appended to it a list showing the 
type, model, name and address of the manufacturer of the lighting 
apparatus and sound signal equipment to be used.
    (c) Each application shall always specify the date the proposals 
contained therein are desired to be effective, and approval thereof must 
be obtained before the proposed action is undertaken.



Sec. 67.35-10  Private aids to navigation.

    See Sec. 67.15-10(b) for review of applications respecting private 
aids to navigation for spoil banks, artificial islands and dredged 
channels.



Sec. 67.35-15  To whom addressed.

    The applications and correspondence dealing with private aids to 
navigation and obstruction lighting should be addressed to the District 
Commander having jurisdiction over the area.



                       Subpart 67.40_Notification



Sec. 67.40-1  Notification to District Commander.

    (a) Class ``A'' structures. In the case of structures to be located 
in areas where Class ``A'' requirements must be met, notification shall 
be given to the District Commander of the approximate date work will 
commence, as soon as known after a permit is received from the Corps of 
Engineers, U.S. Army, or 30 days in advance, if possible. Persons 
constructing structures must notify the District Commander by either 
telegram or overnight mail on the day they begin construction. Within 
this notice, they must inform him or her of the lights and sound signals 
they will use during construction. When construction has been completed, 
the maintainer shall notify the District Commander to that effect by 
letter, stating whether or not the authorized obstruction lights and/or 
sound signals are in operation. Final notification by letter shall be 
given when the lights used for general illumination, to facilitate the 
construction or operation of the structure, have been discontinued and 
the authorized obstruction lights placed in operation.
    (b) Class ``B'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``B'' requirements must be met, in the same manner as 
prescribed in the case of Class ``A'' structures, except that the 
telegram on the day construction of the structure is commenced shall not 
be required.
    (c) Class ``C'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``C'' requirements must be met, upon completion of the 
structure.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962; USCG-2001-10714, 69 FR 24984, May 5, 2004]



Sec. 67.40-5  Waivers.

    (a) The District Commander is authorized to modify or waive any 
requirement prescribed in this part whenever, in his or her judgment, 
the safety of marine commerce will not be impaired by so doing.
    (b) When the District Commander shall determine that changed 
circumstances in the case of a structure, whose obstruction lights and/
or sound signal have been modified or waived, constitutes a hazard to 
marine navigation, he or she is authorized to revoke or revise his or 
her previous action and

[[Page 173]]

to require the structure to be appropriately marked by suitable 
obstruction lights and/or sound signals in accordance with this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24984, May 5, 2004]



Sec. 67.40-10  Communication with owner.

    Communication with the owners of private aids to navigation by the 
District Commander shall be addressed to their usual or last known place 
of business, or to their local representative, if any. Communication 
shall be by the method considered appropriate for the circumstances.



Sec. 67.40-15  Marking at owner's expense.

    The District Commander may mark, for the protection of marine 
commerce, any structure whenever the owner thereof has failed suitably 
to mark the same in accordance with this part, and the owner shall 
reimburse the Coast Guard for all costs incurred.



Sec. 67.40-20  Charges invoiced to owner.

    Charges to the owner for the cost of marking a structure by the 
Coast Guard shall be determined in accordance with Part 74 of this 
subchapter. All such charges shall be invoiced to the owner beginning 
with the date such marking is established and shall continue until 
notice is received by the District Commander that the structure has been 
removed, or until the owner has applied for and been issued a permit by 
the District Commander to establish and operate the required obstruction 
lights and/or sound signals or other markings required by this part.



Sec. 67.40-25  Penalty.

    The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 
85), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333). Any person, firm, company, or corporation who shall fail 
or refuse to obey any of the lawful rules and regulations issued in this 
part or pursuant thereto shall be guilty of a misdemeanor and shall be 
fined not more than $100 for each offense. Each day during which such 
violation shall continue shall be considered a new offense.



                   Subpart 67.50_District Regulations



Sec. 67.50-1  Scope.

    (a) The regulations in this subpart shall apply to the structures 
which are located within the boundaries of the Coast Guard districts 
hereinafter defined.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33810, Sept. 8, 1987]



Sec. 67.50-5  First Coast Guard District.

    (a) Description. See Sec. 3.05-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-15  Fifth Coast Guard District.

    (a) Description. See Sec. 3.25-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-20  Seventh Coast Guard District.

    (a) Description. See Sec. 3.35-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]

[[Page 174]]



Sec. 67.50-25  Eighth Coast Guard District.

    (a) Description. See Sec. 3.40-1 of this chapter.
    (b) Lines of demarcation. The two lines of demarcation described in 
this section are for administrative purposes to distinguish between the 
areas in which structures shall be subject to Class ``A'', ``B'' or 
``C'' requirements. The primary line of demarcation delimits the areas 
to the seaward of which Class ``A'' requirements are imposed. The 
secondary line of demarcation delimits the areas to the shoreward of 
which Class ``C'' requirements are imposed. In those areas where no 
secondary line of demarcation is prescribed, the structures shoreward of 
the primary line of demarcation are considered to be Class ``C'' 
structures. Class ``B'' requirements are imposed on the structures in 
the areas between the two lines of demarcation.
    (1) The coordinates of the primary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point at Lat. 30[deg]11[min].3 N., Long. 
88[deg]03[min].0 W., thence to;
    (ii) A point at Lat. 30[deg]11[min].5 N., Long. 88[deg]31[min].7 W., 
thence to;
    (iii) A point at Lat. 30[deg]12[min].7 N., Long. 88[deg]58[min].0 
W., thence to;
    (iv) A point due west of (iii) at Long. 89[deg]00[min] W., thence 
to;
    (v) A point at Lat. 30[deg]08[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (vi) A point at Lat. 30[deg]04[min].7 N., Long. 88[deg]53[min].7 W., 
thence via a line two miles to seaward around Chandeleur Island to;
    (vii) A point at Lat. 29[deg]34[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (viii) A point at Lat. 29[deg]15[min].0 N., Long. 89[deg]00[min] W., 
thence to;
    (ix) A point at Lat. 29[deg]14[min].0 N., Long. 88[deg]57[min].7 W., 
thence to;
    (x) A point at Lat. 29[deg]10[min].0 N., Long. 88[deg]57[min].0 W., 
thence to;
    (xi) A point at Lat. 29[deg]03[min].6 N., Long. 89[deg]02[min].3 W., 
thence via the five fathom curve to;
    (xii) A point at latitude 28[deg]58[min].1 N., longitude 
89[deg]09[min].6 W., thence to;
    (xiii) A point at latitude 28[deg]57[min].8 N., longitude 
89[deg]13[min].6 W., thence to;
    (xiv) A point at latitude 28[deg]57[min].8 N., longitude 
89[deg]19[min].5 W., thence to;
    (xv) A point at latitude 28[deg]53[min].8 N., longitude 
89[deg]25[min].7 W., thence to;
    (xvi) A point at latitude 28[deg]52[min].6 N., longitude 
89[deg]25[min].9 W., thence via the 10 fathom curve to;
    (xvii) A point at latitude 29[deg]00[min] N., longitude 
89[deg]34[min].0 W., thence to;
    (xviii) A point at latitude 29[deg]00[min] N., longitude 
90[deg]05[min].0 W., thence to;
    (xix) A point at latitude 28[deg]46[min].3 N., longitude 
91[deg]07[min].5 W., thence to;
    (xx) A point at latitude 29[deg]11[min].5 N., longitude 
92[deg]21[min].0 W., thence to;
    (xxi) A point at latitude 29[deg]29[min].0 N., longitude 
92[deg]32[min].3 W., thence via the 5 fathom curve to;
    (xxii) A point at latitude 29[deg]41[min].2 N., longitude 
93[deg]19[min].9 W., thence to;
    (xxiii) A point at latitude 29[deg]38[min].7 N., longitude 
93[deg]49[min].4 W., thence to;
    (xxiv) A point on the 5 fathom curve at latitude 29[deg]35[min].8 
N., longitude 94[deg]00[min][min] W., thence via the 5 fathom curve to;
    (xxv) A point at latitude 29[deg]26[min].7 N., longitude 
94[deg]30[min].0 W., thence to;
    (xxvi) A point at latitude 28[deg]55[min].3 N., longitude 
95[deg]16[min].3 W., thence to;
    (xxvii) A point at latitude 28[deg]54[min].9 N., longitude 
95[deg]15[min].6 W., thence to;
    (xxviii) A point at latitude 28[deg]19[min].3 N., longitude 
96[deg]23[min].3 W., thence to;
    (xxix) A point at latitude 27[deg]49[min].5 N., longitude 
97[deg]01[min].2 W., thence to;
    (xxx) A point on the 10 fathom curve at latitude 27[deg]30[min].0 
N., longitude 97[deg]10[min].0 W., thence via the 10 fathom curve to;
    (xxxi) A point at latitude 27[deg]00[min] N., longitude 
97[deg]17[min].5 W., thence to;
    (xxxii) A point at latitude 26[deg]04[min].1 N., longitude 
97[deg]08[min].6 W.
    (2) The coordinates of the secondary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point in Breton Sound at Lat. 29[deg]34[min].0 
N., Long. 89[deg]00[min].0 W., thence to;
    (ii) A point at Lat. 29[deg]30[min].0 N., Long. 89[deg]10[min].0 W., 
thence to;
    (iii) A point at Lat. 29[deg]20[min].9 N., Long. 89[deg]10[min].0 
W., thence to;
    (iv) A point at Lat. 29[deg]15[min].3 N., Long. 89[deg]04[min].0 W., 
thence to;
    (v) A point at Lat. 29[deg]14[min].1 N., Long. 88[deg]59[min].0 W., 
thence to;
    (vi) A point at Lat. 29[deg]08[min].6 N., Long. 88[deg]58[min].3 W., 
thence to;
    (vii) A point at Lat. 29[deg]02[min].1 N., Long. 89[deg]06[min].6 
W., thence to;

[[Page 175]]

    (viii) A point at Lat. 28[deg]58[min].1 N., Long. 89[deg]08[min].4 
W., thence to;
    (ix) A point at Lat. 29[deg]01[min].1 N., Long. 
89[deg]16[min][min].1 W., thence to;
    (x) A point at Lat. 28[deg]53[min].7 N., Long. 89[deg]26[min].0 W., 
thence to;
    (xi) A point at Lat. 28[deg]54[min].3 N., Long. 89[deg]27[min].5 W., 
thence to;
    (xii) A point at Lat. 29[deg]02[min].2 N., Long. 89[deg]24[min].2 
W., thence to;
    (xiii) A point at Lat. 29[deg]11[min].8 N., Long. 89[deg]30[min].0 
W., thence to;
    (xiv) A point at Lat. 29[deg]17[min].9 N., Long. 89[deg]46[min].6 
W., thence to;
    (xv) A point at Lat. 29[deg]17[min].1 N., Long. 89[deg]50[min].8 W., 
thence to;
    (xvi) A point at Lat. 29[deg]14[min].5 N., Long. 89[deg]55[min].1 
W., thence to;
    (xvii) A point at Lat. 29[deg]10[min].9 N., Long. 90[deg]02[min].9 
W., thence to;
    (xviii) A point at Lat. 29[deg]05[min].5 N., Long. 90[deg]10[min].0 
W., thence to;
    (xix) A point at Lat. 29[deg]04[min].5 N., Long. 90[deg]12[min].0 
W., thence to;
    (xx) A point at Lat. 29[deg]02[min].0 N., Long., 90[deg]20[min].8 
W., thence to;
    (xxi) A point at Lat. 29[deg]01[min].9 N., Long. 90[deg]24[min].9 
W., thence to;
    (xxii) A point at Lat. 29[deg]03[min].6 N., Long. 90[deg]32[min].8 
W., thence to;
    (xxiii) A point at Lat. 29[deg]01[min].9 N., Long. 90[deg]41[min].7 
W., thence to;
    (xxiv) A point at Lat. 29[deg]00[min].8 N., Long. 90[deg]50[min].0 
W., thence to;
    (xxv) A point at Lat. 29[deg]02[min].4 N., Long. 91[deg]01[min].5 
W., thence to;
    (xxvi) A point at Lat. 29[deg]28[min].5 N., Long. 92[deg]10[min].1 
W., thence to;
    (xxvii) A point at Lat. 29[deg]31[min].1 N., Long. 92[deg]21[min].8 
W., thence to;
    (xxviii) A point at Lat. 29[deg]34[min].1 N., Long. 92[deg]39[min].3 
W., thence to;
    (xxix) A point at Lat. 29[deg]41[min].1 N., Long. 92[deg]57[min].2 
W., thence to;
    (xxx) A point at Lat. 29[deg]44[min].6 N., Long. 93[deg]07[min].9 
W., thence to;
    (xxxi) A point at Lat. 29[deg]45[min].6 N., Long. 93[deg]13[min].7 
W., thence to;
    (xxxii) A point at Lat. 29[deg]45[min].6 N., Long. 93[deg]17[min].3 
W., thence to;
    (xxxiii) A point at Lat. 29[deg]44[min].3 N., Long. 93[deg]21[min].0 
W., thence to;
    (xxxiv) A point at Lat. 29[deg]45[min].3 N., Long. 93[deg]30[min].0 
W., thence to;
    (xxxv) A point at Lat. 29[deg]43[min].3 N., Long. 93[deg]43[min].7 
W., thence to;
    (xxxvi) A point at Lat. 29[deg]41[min].0 N., Long. 93[deg]48[min].8 
W., thence to;
    (xxxvii) A point at Lat. 29[deg]38[min].8 N., Long. 93[deg]50[min].8 
W., thence to;
    (xxxviii) A point at Lat. 29[deg]40[min].0 N., Long. 
93[deg]57[min].3 W., thence to;
    (xxxix) A point at Lat. 29[deg]39[min].3 N., Long. 94[deg]05[min].0 
W., thence to;
    (xl) A point at Lat. 29[deg]27[min].0 N., Long. 94[deg]37[min].0 W., 
thence to;
    (xli) A point at Lat. 29[deg]23[min].1 N., Long. 94[deg]42[min].6 
W., thence to;
    (xlii) A point at Lat. 29[deg]20[min].4 N., Long. 94[deg]41[min].5 
W., thence to;
    (xliii) A point at Lat. 29[deg]06[min].6 N., Long. 95[deg]04[min].4 
W., thence to;
    (xliv) A point at Lat. 29[deg]04[min].6 N., Long. 95[deg]05[min].7 
W., thence to;
    (xlv) A point at Lat. 29[deg]02[min].0 N., Long. 95[deg]10[min].0 
W., thence to;
    (xlvi) A point at Lat. 28[deg]57[min].3 N., Long. 95[deg]16[min].2 
W., thence to;
    (xlvii) A point at Lat. 28[deg]55[min].3 N., Long. 95[deg]17[min].9 
W., thence to;
    (xlviii) A point at Lat. 28[deg]39[min].5 N., Long. 95[deg]48[min].4 
W., thence to;
    (xlix) A point at Lat. 28[deg]32[min].1 N., Long. 96[deg]06[min].9 
W., thence to;
    (l) A point at Lat. 28[deg]26[min].4 N., Long. 96[deg]17[min].8 W., 
thence to;
    (li) A point at Lat. 28[deg]23[min].6 N., Long. 96[deg]21[min].5 W., 
thence to;
    (lii) A point at Lat. 28[deg]19[min].7 N., Long. 96[deg]23[min].3 
W., thence to;
    (liii) A point at Lat. 28[deg]19[min].3 N., Long. 96[deg]25[min].2 
W., thence to;
    (liv) A point at Lat. 28[deg]14[min].8 N., Long. 96[deg]35[min].0 
W., thence to;
    (lv) A point at Lat. 28[deg]09[min].1 N., Long. 96[deg]43[min].8 W., 
thence to;
    (lvi) A point at Lat. 28[deg]02[min].4 N., Long. 96[deg]52[min].2 
W., thence to;
    (lvii) A point at Lat. 27[deg]56[min].2 N., Long. 96[deg]58[min].3 
W., thence to;
    (lviii) A point at Lat. 27[deg]52[min].8 N., Long. 97[deg]01[min].1 
W., thence to;
    (lix) A point at Lat. 27[deg]49[min].3 N., Long. 97[deg]03[min].0 
W., thence to;
    (lx) A point at Lat. 27[deg]46[min].4 N., Long. 97[deg]05[min].6 W., 
thence to;
    (lxi) A point at Lat. 27[deg]38[min].9 N., Long. 97[deg]10[min].6 
W., thence to;
    (lxii) A point at Lat. 27[deg]28[min].3 N., Long. 97[deg]16[min].2 
W., thence to;
    (lxiii) A point at Lat. 27[deg]21[min].9 N., Long. 97[deg]18[min].9 
W., thence to;
    (lxiv) A point at Lat. 27[deg]13[min].7 N., Long. 97[deg]21[min].2 
W., thence to;
    (lxv) A point at Lat. 27[deg]05[min].4 N., Long. 97[deg]22[min].3 
W., thence to;

[[Page 176]]

    (lxvi) A point at Lat. 26[deg]57[min].1 N., Long. 97[deg]22[min].2 
W., thence to;
    (lxvii) A point at Lat. 26[deg]48[min].9 N., Long. 97[deg]20[min].9 
W., thence to;
    (lxviii) A point at Lat. 26[deg]39[min].1 N., Long. 97[deg]18[min].1 
W., thence to;
    (lxix) A point at Lat. 26[deg]28[min].8 N., Long. 07[deg]14[min].3 
W., thence to;
    (lxx) A point at Lat. 26[deg]18[min].3 N., Long. 97[deg]11[min].3 
W., thence to;
    (lxxi) A point at Lat. 26[deg]11[min].7 N., Long. 97[deg]10[min].2 
W., thence to;
    (lxxii) A point at Lat. 26[deg]04[min].8 N., Long. 97[deg]09[min].3 
W., thence to;
    (lxxiii) A point at Lat. 26[deg]04[min].2 N., Long. 97[deg]08[min].8 
W., thence to;
    (lxxiv) A point at Lat. 25[deg]58[min].3 N., Long. 97[deg]08[min].3 
W.
    (c) Seismographic and surveying operations. (1) All stakes and 
casings (pipes), except bamboo poles and wooden stakes less than 2 
inches in diameter, placed in the water during seismographic or 
surveying operations shall be marked with flags during the daylight 
hours. Those casings remaining in place during the hours of darkness 
shall be marked by a red light as prescribed in Subpart 67.30 of this 
part.
    (2) All buoys used during seismographic operations shall be painted 
with international orange and white horizontal bands. The buoys shall be 
of light construction in order that they will not present a hazard to 
marine commerce.
    (d) Spoil marking. (1) All submerged spoil resulting from the 
dredging of channels, laying of pipelines, or any other operation, which 
constitutes an obstruction to navigation, shall be properly marked. The 
spoil banks should be examined at frequent intervals in order that the 
changing conditions may be kept under control. As markers are no longer 
required due to settling of banks, the Coast Guard will authorize their 
removal upon application.
    (2) All openings in such submerged spoil shall be marked by 
daybeacons on each side of the openings. When spoil is located on each 
side of a channel or pipe line, each bank will be considered separately. 
The daybeacons shall be equipped with arrows designating the safe water 
through the opening. These daybeacons may also be used as channel 
markers for the dredged channels providing they are also equipped with 
arrows designating the spoil bank openings.
    (3) When spoil banks constituting an obstruction to navigation abut 
an established traveled waterway, the outboard spoil bank markers shall 
be equipped with quick flashing lights described in Subpart 67.30 of 
this part, except that the color shall be in accordance with the 
provisions of Subpart 62.25 of Part 62 of this subchapter.
    (e) Applications. All applications for private aids to navigation 
and all correspondence dealing with private aids to navigation and 
obstruction lighting must be addressed to Commander (oan), Eighth Coast 
Guard District, Hale Boggs Federal Building, 501 Magazine Street, New 
Orleans, Louisiana 70130-3396.
    (f) Enclosures. Applicants shall append on a separate sheet with 
each application, the description, including manufacturer, of 
obstruction lights and sound signals.
    (g) Corps of Engineers correspondence. A copy of all correspondence 
directed to the District Engineer, Corps of Engineers, U.S. Army, in 
accordance with condition (i) of the Department of the Army permit, 
shall be forwarded to the District Commander for those operations 
conducted under permits authorizing the erection of structures in areas 
in which Class ``A'', Class ``B'', or Class ``C'' requirements must be 
met.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485, July 29, 1965; CGFR 68-95, 
33 FR 15285, Oct. 15, 1968; USCG-2000-7223, 65 FR 40055, June 29, 2000; 
USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec. 67.50-30  Ninth Coast Guard District.

    (a) Description. See Sec. 3.45-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-35  Eleventh Coast Guard District.

    (a) Description. See Sec. 3.55-1 of this chapter.

[[Page 177]]

    (b) Line of Demarcation. The line of demarcation described in this 
section is for administrative purposes to distinguish between the areas 
in which structures shall be subject to Class ``A'', ``B'', or ``C'' 
requirements. The line delimits the areas to seaward of which class 
``A'' requirements are imposed. The line of demarcation within the 
jurisdiction of the District Commander is defined as follows:
    (1) Commencing at a point of latitude 41[deg]59.8[min] N., longitude 
124[deg]19.5[min] W., thence southward along the seaward limit of the 
territorial sea to;
    (2) A point at latitude 32[deg]32.0[min] N, longitude 
117[deg]11.0[min] W.
    (c) Structures located within a half nautical mile of Traffic 
Separation Scheme Los Angeles/Long Beach will also be subject to class 
``A'' requirements. The traffic separation scheme is depicted on 
National Ocean Service Charts 18740, 18720, 18725, 18746, 18721.

[CGD11-86-02, 52 FR 37613, Oct. 8, 1987]



Sec. 67.50-45  Thirteenth Coast Guard District.

    (a) Description. See Sec. 3.65-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-25, 27 FR 
8733, Aug. 31, 1962]



Sec. 67.50-50  Seventeenth Coast Guard District.

    (a) Description. See Sec. 3.85-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required it will be determined in accordance 
with Sec. 67.01-20.

[CGFR 68-95, 33 FR 15285, Oct. 15, 1968]



PART 70_INTERFERENCE WITH OR DAMAGE TO AIDS TO 
NAVIGATION--Table of Contents




           Subpart 70.01_Interference With Aids to Navigation

Sec. 
70.01-1 General provisions.
70.01-5 Penalty.

      Subpart 70.05_Collision With or Damage to Aids to Navigation

70.05-1 General provisions.
70.05-5 Penalty.
70.05-10 Revocation of license.
70.05-15 Liability for damages.
70.05-20 Report required.

    Authority: Sec. . 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 633, 
642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 14 
U.S.C. 84, 86, 92, 633, 642).



           Subpart 70.01_Interference With Aids to Navigation



Sec. 70.01-1  General provisions.

    No person, excluding the Armed Forces, shall obstruct or interfere 
with any aid to navigation established and maintained by the Coast 
Guard, or any private aid to navigation established and maintained in 
accordance with part 64, 66, 67, or 68 of this subchapter.

[CGFR 58-17, 23 FR 3383, May 20, 1958]



Sec. 70.01-5  Penalty.

    Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor and be subject to a fine not exceeding the sum 
of $500 for each offense, and each day during which such violation shall 
continue shall be considered a new offense.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953]



      Subpart 70.05_Collision With or Damage to Aids to Navigation

    Source: CGFR 52-15, 18 FR 12, Jan. 1, 1953, unless otherwise noted.



Sec. 70.05-1  General provisions.

    No person shall take possession of or make use of for any purpose, 
or build upon, alter, deface, destroy, move, injure, obstruct by 
fastening vessels thereto or otherwise, or in any manner whatever impair 
the usefulness of any aid to navigation established and maintained by 
the United States.



Sec. 70.05-5  Penalty.

    Every person and every corporation that shall violate, or that shall 
knowingly aid, abet, authorize, or instigate a violation of the 
provisions of Sec. 70.05-1 shall be guilty of a misdemeanor, and

[[Page 178]]

on conviction thereof shall be punished by a fine not exceeding $2,500 
or less than $500, or by imprisonment (in case of a natural person) for 
not less than thirty days nor more than one year, or both, one half of 
such fine to be paid to the person or persons giving information which 
shall lead to conviction.



Sec. 70.05-10  Revocation of license.

    Every master, pilot, and engineer, or person or persons acting in 
such capacity, respectively, on board any boat or vessel who shall 
willfully injure or destroy an aid to navigation established and 
maintained by the United States shall be deemed guilty of violating the 
provisions of Sec. 70.05-1 and shall upon conviction be punished as 
provided in Sec. 70.05-5 and shall also have his license revoked or 
suspended for a term to be fixed by the judge before whom tried and 
convicted.



Sec. 70.05-15  Liability for damages.

    Any boat, vessel, scow, raft or other craft used or employed in 
violating any of the provisions of Sec. 70.05-1 shall be liable for the 
pecuniary penalties specified in Sec. 70.05-5, and in addition thereto 
for the amount of damage done by said boat, vessel, scow, raft or other 
craft, which may be proceeded against summarily by way of libel in any 
district court of the United States having jurisdiction thereof.



Sec. 70.05-20  Report required.

    Whenever any vessel collides with an aid to navigation established 
and maintained by the United States or any private aid to navigation 
established or maintained in accordance with Part 64, 66, 67, or 68 of 
this subchapter, or is connected with any such collision, it shall be 
the duty of the person in charge of such vessel to report the accident 
to the nearest Officer in Charge, Marine Inspection, in accordance with 
46 CFR 4.

[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended by CGFR 61-55, 26 FR 
12572, Dec. 28, 1961; CGD 97-023, 62 FR 33362, June 19, 1997]



PART 72_MARINE INFORMATION--Table of Contents




                    Subpart 72.01_Notices to Mariners

Sec. 
72.01-1 Purpose.
72.01-5 Local Notice to Mariners.
72.01-10 Notice to Mariners.
72.01-15--72.01-20 [Reserved]
72.01-25 Marine broadcast notice to mariners.
72.01-30 Temporary deficiencies.
72.01-35 Change of address.
72.01-40 Single copies.

                        Subpart 72.05_Light Lists

72.05-1 Purpose.
72.05-5 Sales agencies.
72.05-10 Free distribution.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Sec. rity Delegation No. 0170.1.



                    Subpart 72.01_Notices to Mariners



Sec. 72.01-1  Purpose.

    The Coast Guard issues information concerning the establishment of 
aids to maritime navigation and the changes, discontinuances, and 
deficiencies, except temporary deficiencies that are easily correctable, 
of aids to maritime navigation maintained and operated by or under the 
authority of the Coast Guard in documents and marine broadcasts having 
the general title of ``Notice to Mariners.'' This subpart describes the 
publications and the marine broadcasts.

[CGD 70-147R, 37 FR 10669, May 26, 1972]



Sec. 72.01-5  Local Notice to Mariners.

    (a) ``Local Notice to Mariners'' reports changes to and deficiencies 
in aids to navigation that are established or maintained and operated by 
or under the authority of the Coast Guard, and any other information 
pertaining to the waterways within each Coast Guard district that is of 
interest to the mariner.
    (b) ``Local Notice to Mariners'' is published and issued weekly by 
each Coast Guard district or more often if there is a need to notify 
mariners of local waterway information.
    (c) Any person may apply to the local Coast Guard District Office to 
be

[[Page 179]]

placed on the mailing list for the ``Local Notice to Mariners.'' The 
``Local Notice to Mariners'' is mailed to the public free of charge.

    Note to Sec. 72.01-5: You may also access Local Notice to Mariners 
free of charge on the Internet from the Coast Guard Navigation Center's 
Web site (http://www.navcen.uscg.gov/[deg]); look for ``Local Notice to 
Mariners''.

[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended by USCG-2001-10714, 
69 FR 24984, May 5, 2004]



Sec. 72.01-10  Notice to Mariners.

    (a) ``Notice to Mariners'' is intended to advise mariners of new 
hydrographic discoveries, changes in channels and navigational aids, and 
information concerning the safety of navigation. ``Notice to Mariners'' 
also contains information--
    (1) Useful in updating the latest editions of charts and 
publications of the National Imagery and Mapping Agency, National Ocean 
Service, U.S. Army Corps of Engineers, and Coast Guard;
    (2) Selected from the ``Local Notice to Mariners'' issued and 
published by the 1 \st\, 5 \th\, 7 \th\, 8 \th\, 9 \th\, 11 \th\, 13 
\th\, 14 \th\, and 17 \th\ Coast Guard districts; and
    (3) Compiled from foreign notices to mariners, ship reports, and 
similar cooperating observer reports.
    (b) ``Notice to Mariners'' is published weekly by the National 
Imagery and Mapping Agency. The ``Notice to Mariners'' is prepared by 
the:
    (1) Coast Guard;
    (2) National Ocean Service; and
    (3) National Imagery and Mapping Agency.
    (c) This notice may be obtained free of charge from commercial 
maritime sources and upon request to the Defense Logistics Agency, 
Defense Supply Center Richmond, ATTN: JNB, 8000 Jefferson Davis Highway, 
Richmond, VA 23297-5100 or FAX 804-279-6510, ATTN: Accounts Manager, 
RMF. Request should be based on affirmative need for the information.

    Note to Sec. 72.01-10: You may also access Notice to Mariners 
through the National Geospatial-Intelligence Agency's Web site (http://
pollux.nss.nima.mil); look for ``U.S. Notice to Mariners''.

[CGD 97-023, 62 FR 33362, June 19, 1997, as amended by USCG-2001-9286, 
66 FR 33640, June 25, 2001; USCG-2001-10714, 69 FR 24984, May 5, 2004]



Sec. Sec. 72.01-15--72.01-20  [Reserved]



Sec. 72.01-25  Marine broadcast notice to mariners.

    (a) The Coast Guard broadcasts notices to mariners on its own or 
U.S. Navy radio stations to report navigational warnings containing 
information of importance to the safety of navigation of vessels, such 
as the position of ice and derelicts, defects, and changes to aids to 
navigation, and drifting mines. Radio stations broadcasting marine 
information are listed in ``Radio Navigational Aids'' (National Imagery 
and Mapping Agency Publication 117) and United States Coast Pilots.
    (b) Any person may purchase ``Radio Navigational Aids'' online from 
the U.S. Government Online Bookstore at http://bookstore.gpo.gov, by Fax 
at 202-512-2104, or by telephone at 202-512-1800. Send mail orders 
including payment to U.S. Government Printing Office, Superintendent of 
Documents, P.O. Box 371954, Pittsburgh, PA 15250-1954.
    (c) Any person may purchase United States Coast Pilots from any 
authorized agent for the sale of National Ocean Service charts and 
publications whose names and addresses are contained in the National 
Ocean Service Chart Catalogs.

[CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33640, 
June 25, 2001; USCG-2006-25150, 71 FR 39208, July 12, 2006]



Sec. 72.01-30  Temporary deficiencies.

    Temporary deficiencies in aids to navigation are not published in 
Notices to Mariners when it is known that the defects will be corrected 
promptly.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-35  Change of address.

    Persons receiving Notices to Mariners are requested to notify the 
appropriate agency of any change in address, giving both old and new 
addresses, or

[[Page 180]]

when Notices to Mariners are no longer required.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-40  Single copies.

    Single copies of the ``Notice to Mariners'' described in Sec. 
72.01-10 may be obtained or consulted at:
    (a) Coast Guard District Commanders' Offices;
    (b) National Ocean Service Field Offices;
    (c) The National Imagery and Mapping Agency; and
    (d) Custom Houses.

[CGD 97-023, 62 FR 33362, June 19, 1997]



                        Subpart 72.05_Light Lists



Sec. 72.05-1  Purpose.

    (a) The Coast Guard publishes the following Light Lists annually, 
with the exception of Volume V, which is published biennially, covering 
the waters of the United States, its territories and possessions:
    (1) Volume I, Atlantic Coast, from St. Croix River, Maine, to 
Shrewsbury River, New Jersey.
    (2) Volume II, Atlantic Coast, from Shrewsbury River, New Jersey, to 
Little River, South Carolina.
    (3) Volume III, Atlantic and Gulf Coasts, from Little River, South 
Carolina, to Econfina River, Florida, including Puerto Rico and the U.S. 
Virgin Islands.
    (4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio 
Grande, Texas.
    (5) Volume V, Mississippi River System.
    (6) Volume VI, Pacific Coast and Pacific Islands.
    (7) Volume VII, Great Lakes.
    (b) The Light Lists contain the official name, location, 
characteristics, and general description of federal, state, and private 
aids to navigation maintained by or under authority of the U.S. Coast 
Guard, which are placed in navigable waters used by general navigation. 
The Light Lists do not contain information concerning private aids to 
navigation maintained under the authority of the U.S. Coast Guard, which 
are placed in navigable waters not used by general navigation; nor do 
they contain information concerning mooring buoys and some special marks 
having no lateral significance such as fish net, dredging, and racing 
buoys.

(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)

[CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 
10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 88-
105, 54 FR 12612, Mar. 28, 1989; USCG-2001-9286, 66 FR 33640, June 25, 
2001]



Sec. 72.05-5  Sales agencies.

    Each volume of the Light List is for sale by the Superintendent of 
Documents, Government Printing Office, and can be ordered online from 
the U.S. Government Online Bookstore at http://bookstore.gpo.gov, by Fax 
at 202-512-2104, or by telephone at 202-512-1800. Send mail orders 
including payment to U.S. Government Printing Office, Superintendent of 
Documents, P.O. Box 371954, Pittsburgh, PA 15250-1954. Notification of 
publication of a new edition of the Light List is published in the 
``Local Notices to Mariners'' and ``Notice to Mariners'' for the 
particular area that is covered as soon as the edition is available for 
distribution.

[USCG-2001-9286, 66 FR 33640, June 25, 2001, as amended by USCG-2006-
25150, 71 FR 39208, July 12, 2006]



Sec. 72.05-10  Free distribution.

    Official copies are distributed free of charge to Federal, State, 
and foreign governments, municipalities, libraries and other public 
institutions.

    Note to Sec. 72.05-10: You may also access Coast Guard Light data 
through the following National Geospatial-Intelligence Agency's Web 
site: (http://pollux.nss.nima.mil/pubs/USCGLL/pubs--j--uscgll--
list.html).

(R.S. 501, as amended, Sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)

[CGFR 51-15, 18 FR 13, Jan. 1, 1953, as amended by USCG-2001-10714, 69 
FR 24984, May 5, 2004]



PART 74_CHARGES FOR COAST GUARD AIDS TO 
NAVIGATION WORK--Table of Contents




                   Subpart 74.01_Charges to the Public

Sec. 
74.01-1 Claim for damage, destruction, or displacement.

[[Page 181]]

74.01-10 Charges invoiced to owner for marking sunken wrecks and other 
          obstructions to navigation.
74.01-15 Charges for placement of temporary aids.
74.01-20 Deposit of payment in special account.

                 Subpart 74.20_Aids to Navigation Costs

74.20-1 Buoy and vessel use costs.

    Authority: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 CFR 
1.46 (b).

    Source: CGFR 58-50, 24 FR 5608, July 11, 1959, unless otherwise 
noted.



                   Subpart 74.01_Charges to the Public



Sec. 74.01-1  Claim for damage, destruction, or displacement.

    Whenever an aid to navigation is damaged, destroyed, or displaced 
from its station, a claim shall be made on behalf of the United States 
in accordance with Part 25 of this title.

[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]



Sec. 74.01-10  Charges invoiced to owner for marking sunken wrecks and other obstructions to navigation.

    Charges for the establishment, maintenance, and replacement by the 
Coast Guard of an aid, either permanent or temporary, to mark a sunken 
wreck or other obstruction to navigation are calculated to recover the 
Coast Guard costs involved in, or associated with, the marking process. 
These charges will be invoiced to the owner of the obstruction. Charges 
for the removal of aids to navigation established by the Coast Guard 
will be invoiced to the owner unless the District Engineer requests the 
continued marking of the obstruction. All charges will be assessed in 
accordance with Subpart 74.20 of this part.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]



Sec. 74.01-15  Charges for placement of temporary aids.

    Charges for placement of temporary aids will be reimbursable and in 
accordance with Subpart 74.20 of this part. Where the placement of 
temporary aids other than those specified is made, a reasonable 
equivalence will be determined, and charges made accordingly.



Sec. 74.01-20  Deposit of payment in special account.

    Whenever an aid to navigation or other property belonging to the 
Coast Guard is damaged or destroyed by a private person, such person 
shall pay to the satisfaction of the Coast Guard the cost of repair or 
replacement of such property. The Coast Guard will accept and deposit 
such payment in a special account in the Treasury for payment therefrom 
of the cost of repairing or replacing the damaged property. Funds 
collected in excess of the cost to make repairs or replacements shall be 
refunded.



                 Subpart 74.20_Aids to Navigation Costs



Sec. 74.20-1  Buoy and vessel use costs.

    (a) The buoy and vessel use costs for establishing, maintaining, 
repairing, replacing, or removing an aid to navigation under the 
requirements of this part are contained in COMDTINST 7310 (series) which 
is available from the District Budget Office of the appropriate Coast 
Guard District Commander.
    (b) Buoy and vessel use charges under this part are made for the 
cost or value of time, in hours, consumed by the Government vessel, 
including ship's complement, employed in marking the obstruction. No 
charge for time and expense of Coast Guard vessels is made when the 
marking of the obstruction causes only minimal interruption of routinely 
scheduled ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000]



PART 76_SALE AND TRANSFER OF AIDS TO NAVIGATION EQUIPMENT--
Table of Contents




                     Subpart 76.01_Sale of Equipment

Sec. 
76.01-1 Sale of equipment not readily procurable.
76.01-5 Sale of condemned equipment.

                     Subpart 76.10_Federal Agencies

76.10-1 Exemption.


[[Page 182]]


    Authority: Sec. 92, 63 Stat. 503; Sec. 641, 63 Stat. 547, as amended 
(14 U.S.C. 92, 641).

    Source: CGFR 52-15, 18 FR 14, Jan. 1, 1953, unless otherwise noted.



                     Subpart 76.01_Sale of Equipment



Sec. 76.01-1  Sale of equipment not readily procurable.

    The Commandant is authorized to sell aids to navigation apparatus or 
equipment to foreign, state, or municipal governments or departments 
thereof; parties required to maintain private aids to navigation to mark 
wrecks, piers, or other obstructions; contractors engaged on public 
works; and in other cases in which in the judgment of the Commandant the 
public interest may be served: Provided:
    (a) Such equipment has not been reported by the Coast Guard to the 
General Services Administration as excess (if the equipment has been 
reported to the General Services Administration as excess, the 
Commandant will submit the request to that administration for further 
action); and
    (b) Such equipment is not readily procurable in the open market. 
Requests to purchase such apparatus or equipment shall give sufficient 
reasons why the article or articles cannot be readily procured in the 
open market. If the Commandant considers that an article can be readily 
procured in the open market the prospective purchaser will be so 
informed, and given the names of dealers or manufacturers. Sales shall 
be invoiced at cost plus 25 percent for overhead. Proceeds of such sales 
shall be deposited in the Treasury to the credit of the current 
appropriation for operating expenses, Coast Guard.



Sec. 76.01-5  Sale of condemned equipment.

    When any condemned supplies, materials, or equipment cannot be 
profitably used in work of the Coast Guard, they will be disposed of 
under appropriate regulations of the General Services Administration. 
Applications for purchase of such materials may be submitted to the 
Commandant who will process them for further action under the applicable 
regulations.



                     Subpart 76.10_Federal Agencies



Sec. 76.10-1  Exemption.

    Nothing in this part shall be construed to affect the regulations 
concerning the transfer of supplies, materials, equipment, or land 
between other Federal agencies.

[[Page 183]]

                                  INDEX

                       SUBCHAPTER C_AIDS TO NAVIGATION

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Action by Coast Guard
                                                                66.01-15
Aids to Navigation on Artificial Islands and Fixed Structures
                                                                 Part 67
Aids to navigation
                                                                66.10-15
Apparatus requirements
                                                                 67.10-1
Application for tests
                                                                67.10-25
Application procedure
                                                                 66.01-5
Applications
                                                           Subpart 67.35
Approval of fog signals
                                                                67.10-15
Approval of markings
                                                                   64.13
Arrangement of obstruction lights
                                                                 67.05-1

                                 B

Basic provisions
                                                                 66.01-1
Beacons and buoys
                                                                   62.23
Buoys and vessel use costs
                                                                 74.20-1

                                 C

Change and modification of State aids to navigation
                                                                66.05-25
Change of address
                                                                72.01-35
Characteristics of obstruction lights
                                                                67.05-10
Characteristics
                                                                66.01-10
Charges for Coast Guard Aids to Navigation Work
                                                                 Part 74
Charges for placement of temporary aids
                                                                74.01-15
Charges invoiced to owner for marking sunken wrecks and other 
obstructions to navigation
                                                                74.01-10
Charges invoiced to owner
                                                                67.40-20
Claim for damage, destruction, or displacement
                                                                 74.01-1
Class ``A'' Requirements
                                                           Subpart 67.20
Class ``B'' Requirements
                                                           Subpart 67.25
Class ``C'' Requirements
                                                           Subpart 67.30
Classification of Structures
                                                                67.01-15
Coast Guard-State agreements
                                                                66.05-20
Communications with owner
                                                                67.40-10
Contents of application
                                                                 67.35-5
Corps of Engineers' approval
                                                      66.01-30, 66.05-40

                                 D

Defects and discrepancies, procedure for reporting
                                                                   62.65
Definition of terms
                                                    62.3, 64.06, 66.05-5

[[Page 184]]

Delegation of authority to District Commanders
                                                                 66.01-3
Delegation of functions
                                                                67.01-10
Deposit of payment in special account
                                                                74.01-20
Designation of navigable waters as State waters
                                                               66.05-100
Designations, revisions, and revocations of State waters for 
private aids to navigation
                                                                66.05-10
Determination of hazard to navigation
                                                                   64.31
Discontinuance and removal
                                                                66.01-25
District Regulations
                                                                   67.50
Duration of marking on structures
                                                                   64.23

                                 E

Exemption, Federal Agencies
                                                                 76.10-1
Exemptions
                                                                66.01-40

                                 F

Fog signal tests
                                                                67.10-20
Fog signals
                                            67.20-10, 67.25-10, 67.30-10
Fog signals authorized for use prior to January 1, 1973
                                                                67.10-40
Fog signals, general requirements for
                                                           Subpart 67.10
Free distributions
                                                                72.05-10

                                 G

General provisions
                                                        70.01.1, 70.05-1

                                 I

Information and regulatory marks
                                                                   62.33
Inspection
                                                                66.01-20
Interference with or damage to Aids to Navigation
                                                                 Part 70
Intracoastal Waterway identification
                                                                   62.49
Isolated danger marks
                                                                   62.29

                                 L

Label affixed by manufacturer
                                                                66.01-14
Lateral marks
                                                                   62.25
Liability for damages
                                                                70.05-15
Light characteristics
                                                                   62.45
Light Lists
                                                           Subpart 72.05
Lighthouses
                                                                   62.37
Lights and signals on attendant vessels
                                                                 67.15-1
Lights, general requirements
                                                           Subpart 67.05
Lines of demarcation, prescribing of
                                                                67.01-20
Local Notice to Mariners
                                                                 72.01-5
Location requirements
                                                                 67.10-5

                                 M

Marine broadcast notice to mariners
                                                                72.01-25
Marine Information
                                                                 Part 72
Maritime Radiobeacons
                                                                   62.53
Marking and notification requirements
                                                            64.11, 64.21
Marking at owner's expense
                                                                67.40-15
Marking by Coast Guard
                                                                   64.33
Marking for marine parades and regattas
                                                                    62.5
Marking of Structures, Sunken Vessels, and other Obstructions
                                                                 Part 64

[[Page 185]]

Minimum lighting requirements
                                                                67.05-20
Mooring buoys
                                                                   62.35

                                 N

Navigation lights
                                                                66.10-35
Notice of approval and withdrawal of approval
                                                                67.10-35
Notice to Mariners
                                                      66.05-30, 72.01-10
Notification
                                                           Subpart 67.40
Notification to District Commander
                                                                 67.40-1

                                 O

Obstruction lights
                                               67.20-5, 67.25-5, 67.30-5
Operating periods of obstruction lights
                                                                67.05-15
Operating requirements
                                                                67.10-10

                                 P

Penalties
                                                                66.01-45
Penalty
                                              67.40-25, 70.01-5, 70.05-5
Private aids to navigation
                                                                67.35-10
Private Aids to Navigation other than Federal and State
                                                           Subpart 66.01
Private aids to navigation other than State owned
                                                                66.05-35
Procedure, applications
                                                                 67.35-1
Protection of private aids to navigation
                                                                66.01-50
Purpose
                                  62.1, 64.01, 66.05-1, 72.01-1, 72.05-1

                                 R

Racons
                                                                   62.53
Recommendations
                                                                   62.63
Report required
                                                                70.05-20
Revocation of license
                                                                70.05-10

                                 S

Safe water marks
                                                                   62.27
Sale and Transfer of Aids to Navigation Equipment
                                                                 Part 76
Sale of condemned equipment
                                                                 76.01-5
Sale of equipment not readily procurable
                                                                 76.01-1
Sales agencies
                                                                 72.05-5
Scope
                                                                   64.03
Seismographic and surveying operations
                                                                 67.15-5
Single copies
                                                                72.01-40
Sound signals
                                                                   62.47
Special lighting requirements
                                                                67.05-25
Special marks
                                                                   62.31
Spoil banks, artificial islands, and dredged channels
                                                                67.15-10
State Aids to Navigation
                                                           Subpart 66.05
Structures
                                               67.20-1, 67.25-1, 67.30-1

                                 T

Temporary deficiencies
                                                                72.01-30
To whom addressed
                                                                67.35-15
Transfer of ownership
                                                                66.01-55

                                 U

Uniform State Waterway Marking System
                                                           Subpart 66.10

[[Page 186]]

United States Aids to Navigation System
                                                                 Part 62

                                 W

Waivers
                                                                 67.40-5
Western Rivers marking system
                                                                   62.51
Withdrawal of approval
                                                                67.10-30

[[Page 187]]



               SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES





Special Note_Application of the 72 COLREGS to territories and
possessions.--Table of Contents




    a. Article III of the Convention on the International Regulations 
for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, 
October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, 
provides that a party may notify the Sec. etary-General of the 
International Maritime Organization (IMO, formerly Inter-Governmental 
Maritime Consultative Organization or IMCO) that it extends the 
application of the Convention to territory for which it is responsible 
for international relations. Since it is the intention of the United 
States that the 72 COLREGS apply to all U.S. territories and possessions 
to the same extent that the International Regulations for Preventing 
Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously 
applied, the United States has given notice to the Sec. etary-General 
that the provisions of the 1972 COLREGS are applicable on July 15, 1977, 
to the following territories and possessions for which the United States 
is responsible for international relations:

Puerto Rico
Guam
The Canal Zone
The Virgin Islands of the United States
American Samoa
Midway Island
Wake Island
Johnston Island
Palmyra Island
Kingman Reef
Howland Island
Baker Island
Jarvis Island
Navassa Island

    b. In accordance with Article III, other parties to the Convention 
have notified the Sec. etary-General that application of 72 COLREGS is 
extended. These parties with their territorial extensions are listed in 
Table 1.

     Table 1. Territorial Extensions of Other Parties to 72 COLREGS
------------------------------------------------------------------------
                                               Territories to which 72
            Party to convention                 COLREGS are extended
------------------------------------------------------------------------
United Kingdom............................  Hong Kong.
------------------------------------------------------------------------

    Because earlier formulations of the COLREGS were not elaborated as 
treaties, they came into force by the almost simultaneous enactment of 
domestic legislation by the majority of maritime nations. The COLREGS 
were judicially considered as being customary international law, that is 
to say international law based upon the consensus of maritime nations 
rather than upon an express instrument. Because 72 COLREGS was 
elaborated as a treaty, and under usual treaty practice only parties are 
bound, there may be a period of time after the 72 COLREGS come into 
force during which the ships of a nation not party to 72 COLREGS might 
not be considered as being bound to comply with the convention. While it 
is most likely that the 72 COLREGS will rapidly achieve the status of 
customary international law, thereby obviating any concern on the part 
of the mariner as to whether a particular nation is a party, it does not 
necessarily follow that the courts in all nations will apply 72 COLREGS 
to the vessels of a non-party nation. In the absence of changes in their 
domestic law there may be certain nations that will feel compelled to 
continue 60 COLREGS in force, despite the coming into force of 72 
COLREGS.
    The following nations are Contracting Parties for which 72 COLREGS 
will apply upon the Convention's entry into force:

Algeria
Bahamas
Belgium
Brazil
Bulgaria
Canada
Denmark
Finland
France
German Democratic Republic
Germany, Federal Republic
Ghana
Greece
Hungary
Iceland
India
Liberia
Mexico
Monaco
Netherlands
New Zealand
Nigeria
Norway
Papua New Guinea
Poland
Romania
South Africa
Spain
Sweden
Switzerland
Syrian Arab Republic
USSR
United Kingdom
United States
Yugloslavia
Zaire

    The following nations have accepted the 60 COLREGS but are not 
Contracting Parties to 72 COLREGS:
Argentina
Australia
Austria
Barbados
Burma
China
Cuba
Cyprus
Czechoslovakia
Ecuador
Egypt
Fiji
Gambia
Indonesia
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Kuwait
Lebanon
Libyan Arab Republic

[[Page 188]]


Madagascar
Maldives
Morocco
Oman
Pakistan
Paraguay
Peru
Philippines
Portugal
Republic of Korea
Singapore
Surinam
Tonga
Trinidad
Tobago
Tunisia
Turkey
United Republic of
Cameroon

[CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated by CGD 81-017, 46 
FR 28153, May 26, 1981; CGD 95-053, 61 FR 9, Jan. 2, 1996]



PART 80_COLREGS DEMARCATION LINES--Table of Contents




                                 General

Sec. 
80.01 General basis and purpose of demarcation lines.

                             Atlantic Coast

                             first district

80.105 Calais, ME to Cape Small, ME.
80.110 Casco Bay, ME.
80.115 Portland Head, ME to Cape Ann, MA.
80.120 Cape Ann, MA to Marblehead Neck, MA.
80.125 Marblehead Neck, MA to Nahant, MA.
80.130 Boston Harbor entrance.
80.135 Hull, MA to Race Point, MA.
80.145 Race Point, MA to Watch Hill, RI.
80.150 Block Island, RI.
80.155 Watch Hill, RI to Montauk Point, NY.
80.160 Montauk Point, NY to Atlantic Beach, NY.
80.165 New York Harbor.
80.170 Sandy Hook, NJ to Tom's River, NJ.

                             fifth district

80.501 Tom's River, NJ to Cape May, NJ.
80.503 Delaware Bay.
80.505 Cape Henlopen, DL to Cape Charles, VA.
80.510 Chesapeake Bay Entrance, VA.
80.515 Cape Henry, VA to Cape Hatteras, NC.
80.520 Cape Hatteras, NC to Cape Lookout, NC.
80.525 Cape Lookout, NC to Cape Fear, NC.
80.530 Cape Fear, NC to New River Inlet, NC.

                            seventh district

80.703 Little River Inlet, SC to Cape Romain, SC.
80.707 Cape Romain, SC to Sullivans Island, SC.
80.710 Charleston Harbor, SC.
80.712 Morris Island, SC to Hilton Head Island, SC.
80.715 Savannah River.
80.717 Tybee Island, GA to St. Simons Island, GA.
80.720 St. Simons Island, GA to Amelia Island, FL.
80.723 Amelia Island, FL to Cape Canaveral, FL.
80.727 Cape Canaveral, FL to Miami Beach, FL.
80.730 Miami Harbor, FL.
80.735 Miami, FL to Long Key, FL.

                     Puerto Rico and Virgin Islands

                            seventh district

80.738 Puerto Rico and Virgin Islands.

                               Gulf Coast

                            seventh district

80.740 Long Key, FL to Cape Sable, FL.
80.745 Cape Sable, FL to Cape Romano, FL.
80.748 Cape Romano, FL to Sanibel Island, FL.
80.750 Sanibel Island, FL to St. Petersburg, FL.
80.753 St. Petersburg, FL to Anclote, FL.
80.755 Anclote, FL to the Suncoast Keys, FL.
80.757 Suncoast Keys, FL to Horseshoe Point, FL.
80.760 Horseshoe Point, FL to Rock Island, FL.

                             eighth district

80.805 Rock Island, FL to Cape San Blas, FL.
80.810 Cape San Blas, FL to Perdido Bay, FL.
80.815 Mobile Bay, AL to the Chandeleur Islands, LA.
80.825 Mississippi Passes, LA.
80.830 Mississippi Passes, LA to Point Au Fer, LA.
80.835 Point Au Fer, LA to Calcasieu Pass, LA.
80.840 Sabine Pass, TX to Galveston, TX.
80.845 Galveston, TX to Freeport, TX.
80.850 Brazos River, TX to the Rio Grande, TX.

                              Pacific Coast

                            eleventh district

80.1102 Santa Catalina Island, CA.
80.1104 San Diego Harbor, CA.
80.1106 Mission Bay, CA.
80.1108 Oceanside Harbor, CA.
80.1110 Dana Point Harbor, CA.
80.1112 Newport Bay, CA.
80.1114 San Pedro Bay--Anaheim Bay, CA.
80.1116 Redondo Harbor, CA.
80.1118 Marina Del Rey, CA.
80.1120 Port Hueneme, CA.
80.1122 Channel Islands Harbor, CA.
80.1124 Ventura Marina, CA.
80.1126 Santa Barbara Harbor, CA.

[[Page 189]]

80.1130 San Luis Obispo Bay, CA.
80.1132 Estero--Morro Bay, CA.
80.1134 Monterey Harbor, CA.
80.1136 Moss Landing Harbor, CA.
80.1138 Santa Cruz Harbor, CA.
80.1140 Pillar Point Harbor, CA.
80.1142 San Francisco Harbor, CA.
80.1144 Bodega and Tomales Bay, CA.
80.1146 Albion River, CA.
80.1148 Noyo River, CA.
80.1150 Arcato--Humboldt Bay, CA.
80.1152 Crescent City Harbor, CA.

                           thirteenth district

80.1305 Chetco River, OR.
80.1310 Rogue River, OR.
80.1315 Coquille River, OR.
80.1320 Coos Bay, OR.
80.1325 Umpqua River, OR.
80.1330 Siuslaw River, OR.
80.1335 Alsea Bay, OR.
80.1340 Yaquina Bay, OR.
80.1345 Depoe Bay, OR.
80.1350 Netarts Bay, OR.
80.1355 Tillamook Bay, OR.
80.1360 Nehalem River, OR.
80.1365 Columbia River Entrance, OR/WA.
80.1370 Willapa Bay, WA.
80.1375 Grays Harbor, WA.
80.1380 Quillayute River, WA.
80.1385 Strait of Juan de Fuca
80.1390 Haro Strait and Strait of Georgia
80.1395 Puget Sound and adjacent waters.

                             Pacific Islands

                           fourteenth district

80.1410 Hawaiian Island Exemption from General Rule.
80.1420 Mamala Bay, Oahu, HI.
80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI.
80.1450 Nawiliwili Harbor, Kauai, HI.
80.1460 Kahului Harbor, Maui, HI.
80.1470 Kawaihae Harbor, Hawaii, HI.
80.1480 Hilo Harbor, Hawaii, HI.
80.1490 Apra Harbor, U.S. Territory of Guam.
80.1495 U.S. Pacific Island Possessions.

                                 Alaska

                          seventeenth district

80.1705 Alaska.

    Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR 
1.46.

    Source: CGD 77-118a, 42 FR 35784, July 11, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.

                                 General



Sec. 80.01  General basis and purpose of demarcation lines.

    (a) The regulations in this part establish the lines of demarcation 
delineating those waters upon which mariners shall comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) and those water upon which mariners shall comply with the 
Inland Navigation Rules.
    (b) The waters inside of the lines are Inland Rules waters. The 
waters outside the lines are COLREGS waters.
    (c) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 82-029, 47 FR 19519, May 6, 1982, as amended by CGD 83-003, 48 FR 
7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810, Sept. 8, 1987]

                             Atlantic Coast

                             first district



Sec. 80.105  Calais, ME to Cape Small, ME.

    The 72 COLREGS shall apply on the harbors, bays, and inlets on the 
east coast of Maine from International Bridge at Calais, ME to the 
southwesternmost extremity of Bald Head at Cape Small.



Sec. 80.110  Casco Bay, ME.

    (a) A line drawn from the southwesternmost extremity of Bald Head at 
Cape Small to the southeasternmost extremity of Ragged Island; thence to 
the southern tangent of Jaquish Island thence to Little Mark Island 
Monument Light; thence to the northernmost extremity of Jewell Island.
    (b) A line drawn from the tower on Jewell Island charted in 
approximate position latitude 43[deg]40.6[min] N. longitude

[[Page 190]]

70[deg]05.9[min] W. to the northeasternmost extremity of Outer Green 
Island.
    (c) A Line drawn from the southwesternmost extremity of Outer Green 
Island to Ram Island Ledge Light; thence to Portland Head Light.



Sec. 80.115  Portland Head, ME to Cape Ann, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays, and inlets on the east 
coast of Maine, New Hampshire, and Massachusetts from Portland Head to 
Halibut Point at Cape Ann.
    (b) A line drawn from the southernmost tower on Gerrish Island 
charted in approximate position latitude 43[deg]04.0[min] N. longitude 
70[deg]41.2[min] W. to Whaleback Light; thence to Jaffrey Point Light 
2A; thence to the northeasternmost extremity of Frost Point.
    (c) A line drawn from the northernmost extremity of Farm Point to 
Annisquam Harbor Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.120  Cape Ann, MA to Marblehead Neck, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays and inlets on the east coast 
of Massachusetts from Halibut Point at Cape Ann to Marblehead Neck.
    (b) A line drawn from Gloucester Harbor Breakwater Light to the twin 
towers charted in approximate position latitude 42[deg]35.1[min] N. 
longitude 70[deg]41.6[min] W.
    (c) A line drawn from the westernmost extremity of Gales Point to 
the easternmost extremity of House Island; thence to Bakers Island 
Light; thence to Marblehead Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.125  Marblehead Neck, MA to Nahant, MA.

    The 72 COLREGS apply on the harbors, bays, and inlets on the east 
coast of Massachusetts from Marblehead Neck to the easternmost tower at 
Nahant, charted in approximate position latitude 42[deg]25.4[min] N., 
longitude 70[deg]54.6[min] W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.130  Boston Harbor entrance.

    A line drawn from the easternmost tower at Nahant, charted in 
approximate position latitude 42[deg]25.4[min] N., longitude 
70[deg]54.6[min] W., to Boston Lighted Horn Buoy ``B''; thence to the 
esternmost radio tower at Hull, charted in approximate position latitude 
42[deg]16.7[min] N., longitude 70[deg]52.6[min] W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.135  Hull, MA to Race Point, MA.

    (a) Except inside lines described in this section, the 72 COLREGS 
apply on the harbors, bays, and inlets on the east coast of 
Massachusetts from the easternmost radio tower at Hull, charted in 
approximate position latitude 42[deg]16.7[min] N., longitude 
70[deg]52.6[min] W., to Race Point on Cape Cod.
    (b) A line drawn from Canal Breakwater Light 4 south to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-066, 45 
FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.145  Race Point, MA, to Watch Hill, RI.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the sounds, bays, harbors, and inlets along 
the coast of Cape Cod and the southern coasts of Massachusetts and Rhode 
Island from Race Point to Watch Hill.
    (b) A line drawn from Nobska Point Light to Tarpaulin Cove Light on 
the southeastern side of Naushon Island; thence from the southernmost 
tangent of Naushon Island to the easternmost extremity of Nashawena 
Island; thence from the southwestern most extremity of Nashawena Island 
to the easternmost extremity of Cuttyhunk Island; thence from the 
southwestern tangent of Cuttyhunk Island to the tower on Gooseberry Neck 
charted in approximate position latitude 41[deg]29.1[min] N. longitude 
71[deg]02.3[min] W.

[[Page 191]]

    (c) A line drawn from Sakonnet Breakwater Light 2 tangent to the 
southernmost part of Sachuest Point charted in approximate position 
latitude 41[deg]28.5[min] N. longitude 71[deg]14.8[min] W.
    (d) An east-west line drawn through Beavertail Light between Brenton 
Point and the Boston Neck shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-036, 44 
FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.150  Block Island, RI.

    The 72 COLREGS shall apply on the harbors of Block Island.



Sec. 80.155  Watch Hill, RI to Montauk Point, NY.

    (a) A line drawn from Watch Hill Light to East Point on Fishers 
Island.
    (b) A line drawn from Race Point to Race Rock Light; thence to 
Little Gull Island Light thence to East Point on Plum Island.
    (c) A line drawn from Plum Island Harbor East Dolphin Light to Plum 
Island Harbor West Dolphin Light.
    (d) A line drawn from Plum Island Light to Orient Point Light; 
thence to Orient Point.
    (e) A line drawn from the lighthouse ruins at the southwestern end 
of Long Beach Point to Cornelius Point.
    (f) A line drawn from Coecles Harbor Entrance Light to Sungic Point.
    (g) A line drawn from Nichols Point to Cedar Island Light.
    (h) A line drawn from Threemile Harbor West Breakwater Light to 
Threemile Harbor East Breakwater Light.
    (i) A line drawn from Montauk West Jetty Light 1 to Montauk East 
Jetty Light 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and amended by 
CGD 84-091, 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.160  Montauk Point, NY to Atlantic Beach, NY.

    (a) A line drawn from the Shinnecock Inlet East Breakwater Light to 
Shinnecock Inlet West Breakwater Light 1.
    (b) A line drawn from Moriches Inlet East Breakwater Light to 
Moriches Inlet West Breakwater Light.
    (c) A line drawn from Fire Island Inlet Breakwater Light 348[deg] 
true to the southernmost extremity of the spit of land at the western 
end of Oak Beach.
    (d) A line drawn from Jones Inlet Light 322[deg] true across the 
southwest tangent of the island on the north side of Jones Inlet to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981; CGD 84-091, and 
amended by 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.165  New York Harbor.

    A line drawn from East Rockaway Inlet Breakwater Light to Sandy Hook 
Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.170  Sandy Hook, NJ to Tom's River, NJ.

    (a) A line drawn from Shark River Inlet North Breakwater Light 2 to 
Shark River Inlet South Breakwater Light 1.
    (b) A line drawn from Manasquan Inlet North Breakwater Light 4 to 
Manasquan Inlet South Breakwater Light 3.
    (c) A line drawn from Barnegat Inlet North Breakwater Light 4A to 
the seaward extremity of the submerged Barnegat Inlet South Breakwater; 
thence along the submerged breakwater to the shoreline.

[CGD 87-008b, 52 FR 25218, July 6, 1987]

                             fifth district



Sec. 80.501  Tom's River, NJ to Cape May, NJ.

    (a) A line drawn from the seaward tangent of Long Beach Island to 
the seaward tangent to Pullen Island across Beach Haven and Little Egg 
Inlets.
    (b) A line drawn from the seaward tangent of Pullen Island to the 
seaward tangent of Brigantine Island across Brigantine Inlet.

[[Page 192]]

    (c) A line drawn from the seaward extremity of Absecon Inlet.
    (d) A line drawn from the southernmost point of Longport at latitude 
39[deg]18.2[min] N. longitude 74[deg]33.1[min] W. to the 
northeasternmost point of Ocean City at latitude 39[deg]17.6[min] N. 
longitude 74[deg]33.1[min] W. across Great Egg Harbor Inlet.
    (e) A line drawn parallel with the general trend of highwater 
shoreline across Corson Inlet.
    (f) A line formed by the centerline of the Townsend Inlet Highway 
Bridge.
    (g) A line formed by the shoreline of Seven Mile Beach and Hereford 
Inlet Light.
    (h) A line drawn from Cape May Inlet East Jetty Light 4 to Cape May 
Inlet West Jetty Light 5.

[CGD 87-008b, 52 FR 25218, July 6, 1987, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998; USCG-2000-7223, 65 FR 40055, June 29, 2000]



Sec. 80.503  Delaware Bay.

    A line drawn from Cape May Light to Harbor of Refuge Light; thence 
to the northernmost extremity of Cape Henlopen.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.505  Cape Henlopen, DL to Cape Charles, VA.

    (a) A line drawn from the seaward extremity of Indian River Inlet 
North Jetty to Indian River Inlet South Jetty Light.
    (b) A line drawn from Ocean City Inlet Light 6, 225[deg] true across 
Ocean City Inlet to the submerged south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to the tower 
charted at latitude 37[deg]52.6[min] N. longitude 75[deg]26.7[min] W.
    (d) A line formed by the range of Wachapreague Inlet Light 3 and 
Parramore Beach Lookout Tower drawn across Wachapreague Inlet.
    (e) A line drawn from the lookout tower charted on the northern end 
of Hog Island to the seaward tangent of Parramore Beach.
    (f) A line drawn 207[deg] true from the lookout tower charted on the 
southern end of Hog Island across Great Machipongo Inlet.
    (g) A line formed by the range of the two cupolas charted on the 
southern end of Cobb Island drawn across Sand Shoal Inlet.
    (h) Except as provided elsewhere in this section from Cape Henlopen 
to Cape Charles, lines drawn parallel with the general trend of the 
highwater shoreline across the entrances to small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.510  Chesapeake Bay Entrance, VA.

    A line drawn from Cape Charles Light to Cape Henry Light.



Sec. 80.515  Cape Henry, VA to Cape Hatteras, NC.

    (a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty 
Light 1.
    (b) A line formed by the centerline of the highway bridge across 
Oregon Inlet.



Sec. 80.520  Cape Hatteras, NC to Cape Lookout, NC.

    (a) A line drawn from Hatteras Inlet Lookout Tower at latitude 
35[deg]11.8[min] N. longitude 75[deg]44.9[min] W. 255[deg] true to the 
eastern end of Ocracoke Island.
    (b) A line drawn from the westernmost extremity of Ocracoke Island 
at latitude 35[deg]04.0[min] N. longitude 76[deg]00.8[min] W. to the 
northeastern extremity of Portsmouth Island at latitude 35[deg]03.7[min] 
N. longitude 76[deg]02.3[min] W.
    (c) A line drawn across Drum Inlet parallel with the general trend 
of the highwater shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 80.525  Cape Lookout, NC to Cape Fear, NC.

    (a) A line drawn from Cape lookout Light to the seaward tangent of 
the southeastern end of Shackleford Banks.

[[Page 193]]

    (b) A line drawn from Morehead City Channel Range Front Light to the 
seaward extremity of the Beaufort Inlet west jetty.
    (c) A line drawn from the southernmost extremity of Bogue Banks at 
latitude 34[deg]38.7[min] N. longitude 77[deg]06.0[min] W. across Bogue 
Inlet to the northernmost extremity of Bear Beach at latitude 
34[deg]38.5[min] N. longitude 77[deg]07.1[min] W.
    (d) A line drawn from the southeasternmost extremity on the 
southwest side of New River Inlet at latitude 34[deg]31.5[min] N. 
longitude 77[deg]20.6[min] W. to the seaward tangent of the shoreline on 
the northeast side on New River Inlet.
    (e) A line drawn across New Topsail Inlet between the closest 
extremities of the shore on either side of the inlet from latitude 
34[deg]20.8[min] N. longitude 77[deg]39.2[min] W. to latitude 
34[deg]20.6[min] N. longitude 77[deg]39.6[min] W.
    (f) A line drawn from the seaward extremity of the jetty on the 
northeast side of Masonboro Inlet to the seaward extremity of the jetty 
on the southeast side of the Inlet.
    (g) Except as provided elsewhere in this section from Cape Lookout 
to Cape Fear, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance of small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.530  Cape Fear, NC to Little River Inlet, NC.

    (a) A line drawn from the abandoned lighthouse charted in 
approximate position latitude 33[deg]52.4[min] N. longitude 
78[deg]00.1[min] W. across the Cape Fear River Entrance to Oak Island 
Light.
    (b) Except as provided elsewhere in this section from Cape Fear to 
Little River Inlet, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance to small inlets.

                            seventh district



Sec. 80.703  Little River Inlet, SC to Cape Romain, SC.

    (a) A line drawn from the westernmost extremity of the sand spit on 
Bird Island to the easternmost extremity of Waties Island across Little 
River Inlet.
    (b) From Little River Inlet, a line drawn parallel with the general 
trend of the highwater shoreline across Hog Inlet; thence a line drawn 
across the seaward ends of the Murrels Inlet jetties; thence a line 
drawn parallel with the general trend of the highwater shoreline across 
Midway Inlet, Pawleys Inlet, and North Inlet.
    (c) A line drawn from the charted position of Winyah Bay North Jetty 
End Buoy 2N south to the Winyah Bay South Jetty.
    (d) A line drawn from Santee Point to the seaward tangent of Cedar 
Island.
    (e) A line drawn from Cedar Island Point west to Murphy Island.
    (f) A north-south line (longitude 79[deg]20.3[min] W.) drawn from 
Murphy Island to the northernmost extremity of Cape Island Point.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 89-068, 55 FR 31831, Aug. 6, 
1990]



Sec. 80.707  Cape Romain, SC to Sullivans Island, SC.

    (a) A line drawn from the western extremity of Cape Romain 292[deg] 
true to Racoon Key on the west side of Racoon Creek.
    (b) A line drawn from the westernmost extremity of Sandy Point 
across Bull Bay to the northernmost extremity of Northeast Point.
    (c) A line drawn from the southernmost extremity of Bull Island to 
the easternmost extremity of Capers Island.
    (d) A line formed by the overhead power cable from Capers Island to 
Dewees Island.
    (e) A line formed by the overhead power cable from Dewees Island to 
Isle of Palms.
    (f) A line formed by the centerline of the highway bridge between 
Isle of Palms and Sullivans Island over Breach Inlet.



Sec. 80.710  Charleston Harbor, SC.

    (a) A line formed by the submerged north jetty from the shore to the 
west end of the north jetty.

[[Page 194]]

    (b) A line drawn from across the seaward extremity of the Charleston 
Harbor Jetties.
    (c) A line drawn from the west end of the South Jetty across the 
South Entrance to Charleston Harbor to shore on a line formed by the 
submerged south jetty.



Sec. 80.712  Morris Island, SC to Hilton Head Island, SC.

    (a) A line drawn from the easternmost tip of Folley Island to the 
abandoned lighthouse tower on the northside of Lighthouse Inlet; thence 
west to the shoreline of Morris Island.
    (b) A straight line drawn from the seaward tangent of Folly Island 
through Folly River Daybeacon 10 across Stono River to the shoreline of 
Sandy Point.
    (c) A line drawn from the southernmost extremity of Seabrook Island 
257[deg] true across the North Edisto River Entrance to the shore of 
Botany Bay Island.
    (d) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32[deg]29.3[min] N. longitude 
80[deg]19.2[min] W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island.
    (e) A line formed by the centerline of the highway bridge between 
Hunting Island and Fripp Island.
    (f) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to Port Royal Sound Channel Range Rear Light, latitude 
32[deg]13.7[min] N. longitude 80[deg]36.0[min] W.; thence 259[deg] true 
to the easternmost extremity of Hilton Head at latitude 32[deg]13.0[min] 
N. longitude 80[deg]40.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.715  Savannah River.

    A line drawn from the southernmost tank on Hilton Head Island 
charted in approximate position latitude 32[deg]06.7[min] N. longitude 
80[deg]49.3[min] W. to Bloody Point Range Rear Light; thence to Tybee 
(Range Rear) Light.



Sec. 80.717  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beach 
on Tybee Island 255[deg] true across Tybee Inlet to the shore of Little 
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A straight line drawn from the northeasternmost extremity of 
Wassaw Island 031[deg] true through Tybee River Daybeacon 1 to the shore 
of Little Tybee Island.
    (c) A line drawn approximately parallel with the general trend of 
the highwater shorelines from the seaward tangent of Wassau Island to 
the seaward tangent of Bradley Point on Ossabaw Island.
    (d) A north-south line (longitude 81[deg]8.4[min] W.) drawn from the 
southernmost extremity of Ossabaw Island to St. Catherines Island.
    (e) A north-south line (longitude 81[deg]10.6[min] W.) drawn from 
the southernmost extremity of St. Catherines Island to Northeast Point 
on Blackbeard Island.
    (f) A line following the general trend of the seaward highwater 
shoreline across Cabretta Inlet.
    (g) A north-south line (longitude 81[deg]16.9[min] W.) drawn from 
the south-westernmost point on Sapelo Island to Wolf Island.
    (h) A north-south line (longitude 81[deg]17.1[min] W.) drawn from 
the south-easternmost point of Wolf Island to the northeasternmost point 
on Little St. Simons Island.
    (i) A line drawn from the northeasternmost extremity of Sea Island 
045[deg] true to Little St. Simons Island.
    (j) An east-west line from the southernmost extremity of Sea Island 
across Goulds Inlet to St. Simons Island.



Sec. 80.720  St. Simons Island, GA to Amelia Island, FL.

    (a) A line drawn from St. Simons Light to the northernmost tank on 
Jekyll Island charted in approximate position latitude 31[deg]05.9[min] 
N. longitude 81[deg]24.5[min] W.
    (b) A line drawn from the southernmost tank on Jekyll Island charted 
in approximate position latitude 31[deg]01.6[min] N. longitude 
81[deg]25.2[min] W. to coordinate latitude 30[deg]59.4[min] N. longitude 
81[deg]23.7[min] W.

[[Page 195]]

(0.5 nautical mile east of the charted position of St. Andrew Sound 
Lighted Buoy 32); thence to the abandoned lighthouse tower on the north 
end of Little Cumberland Island charted in approximate position latitude 
30[deg]58.5[min] N. longitude 81[deg]24.8[min] W.
    (c) A line drawn across the seaward extremity of the St. Marys River 
Entrance Jetties.



Sec. 80.723  Amelia Island, FL to Cape Canaveral, FL.

    (a) A line drawn from the southernmost extremity of Amelia Island to 
the northeasternmost extremity of Little Talbot Island.
    (b) A line formed by the centerline of the highway bridge from 
Little Talbot Island to Fort George Island.
    (c) A line drawn across the seaward extremity of the St. Johns River 
Entrance Jetties.
    (d) A line drawn across the seaward extremity of the St. Augustine 
Inlet Jetties.
    (e) A line formed by the centerline of the highway bridge over 
Matanzas Inlet.
    (f) A line drawn across the seaward extremity of the Ponce de Leon 
Inlet Jetties.



Sec. 80.727  Cape Canaveral, FL to Miami Beach, FL.

    (a) A line drawn across the seaward extremity of the Port Canaveral 
Entrance Channel Jetties.
    (b) A line drawn across the seaward extremity of the Sebastian Inlet 
Jetties.
    (c) A line drawn across the seaward extremity of the Fort Pierce 
Inlet Jetties.
    (d) A north-south line (longitude 80[deg]09.7[min] W.) drawn across 
St. Lucie Inlet.
    (e) A line drawn from the seaward extremity of Jupiter Inlet North 
Jetty to the northeast extremity of the concrete apron on the south side 
of Jupiter Inlet.
    (f) A line drawn across the seaward extremity of the Lake Worth 
Inlet Jetties.
    (g) A line drawn across the seaward extremity of the Boynton Inlet 
Jetties.
    (h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca 
Raton Inlet South Jetty Light 1.
    (i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 
Entrance Light 2; thence to Hillsboro Inlet Entrance Light 1; thence 
west to the shoreline.
    (j) A line drawn across the seaward extremity of the Port Everglades 
Entrance Jetties.
    (k) A line formed by the centerline of the highway bridge over 
Bakers Haulover Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.730  Miami Harbor, FL.

    A line drawn across the seaward extremity of the Miami Harbor 
Government Cut Jetties.



Sec. 80.735  Miami, FL to Long Key, FL.

    (a) A line drawn from the southernmost extremity of Fisher Island 
212[deg] true to the point latitude 25[deg]45.0[min] N. longitude 
80[deg]08.6[min] W. on Virginia Key.
    (b) A line formed by the centerline of the highway bridge between 
Virginia Key and Key Biscayne.
    (c) A line drawn from Cape Florida Light to the northernmost 
extremity on Soldier Key.
    (d) A line drawn from the southernmost extremity on Soldier Key to 
the northernmost extremity of the Ragged Keys.
    (e) A line drawn from the Ragged Keys to the southernmost extremity 
of Angelfish Key following the general trend of the seaward shoreline.
    (f) A line drawn on the centerline of the Overseas Highway (U.S. 1) 
and bridges from latitude 25[deg]19.3[min] N. longitude 80[deg]16.0[min] 
W. at Little Angelfish Creek to the radar dome charted on Long Key at 
approximate position latitude 24[deg]49.3[min] N. longitude 
80[deg]49.2[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7786, Mar. 6, 1986; 51 FR 21748, June 16, 1986; CGD 89-
068, 55 FR 31831, Aug. 6, 1990]

[[Page 196]]

                     Puerto Rico and Virgin Islands

                            seventh district



Sec. 80.738  Puerto Rico and Virgin Islands.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on all other bays, harbors and lagoons of Puerto 
Rico and the U.S. Virgin Islands.
    (b) A line drawn from Puerto San Juan Light to Cabras Light across 
the entrance of San Juan Harbor.

                               Gulf Coast

                            seventh district



Sec. 80.740  Long Key, FL to Cape Sable, FL.

    A line drawn from the microwave tower charted on Long Key at 
approximate position latitude 24[deg]48.8[min] N. longitude 
80[deg]49.6[min] W. to Long Key Light 1; thence to Arsenic Bank Light 2; 
thence to Sprigger Bank Light 5; thence to Schooner Bank Light 6; thence 
to Oxfoot Bank Light 10; thence to East Cape Light 2; thence through 
East Cape Daybeacon 1A to the shoreline at East Cape.

[CGD 84-091, 51 FR 21748, June 16, 1986]



Sec. 80.745  Cape Sable, FL to Cape Romano, FL.

    (a) A line drawn following the general trend of the mainland, 
highwater shoreline from Cape Sable at East Cape to Little Shark River 
Light 1; thence to westernmost extremity of Shark Point; thence 
following the general trend of the mainland, highwater shoreline 
crossing the entrances of Harney River, Broad Creek, Broad River, 
Rodgers River First Bay, Chatham River, Huston River, to the shoreline 
at coordinate latitude 25[deg]41.8[min] N. longitude 81[deg]17.9[min] W.
    (b) The 72 COLREGS shall apply to the waters surrounding the Ten 
Thousand Islands and the bays, creeks, inlets, and rivers between 
Chatham Bend and Marco Island except inside lines specifically described 
in this part.
    (c) A north-south line drawn at longitude 81[deg]20.2[min] W. across 
the entrance to Lopez River.
    (d) A line drawn across the entrance to Turner River parallel to the 
general trend of the shoreline.
    (e) A line formed by the centerline of Highway 92 Bridge at 
Goodland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.748  Cape Romano, FL to Sanibel Island, FL.

    (a) A line drawn across Big Marco Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (b) A line drawn from the northwesternmost extremity of Coconut 
Island 000[deg]T across Capri Pass.
    (c) Lines drawn across Hurricane and Little Marco Passes parallel to 
the general trend of the seaward, highwater shoreline.
    (d) A line from the seaward extremity of Gordon Pass South Jetty 
014[deg] true to the shoreline at approximate coordinate latitude 
26[deg]05.7[min] N. longitude 81[deg]48.1[min] W.
    (e) A line drawn across the seaward extremity of Doctors Pass 
Jetties.
    (f) Lines drawn across Wiggins, Big Hickory, New, and Big Carlos 
Passes parallel to the general trend of the seaward highwater shoreland.
    (g) A straight line drawn from Sanibel Island Light through Matanzas 
Pass Channel Light 2 to the shore of Estero Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977, as 
amended by CGD 78-052, 44 FR 69298, Dec. 3, 1979. Redesignated by CGD 
81-017, 46 FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, 
Mar. 6, 1986]



Sec. 80.750  Sanibel Island, FL to St. Petersburg, FL.

    (a) A line formed by the centerline of the highway bridge over Blind 
Pass, between Captiva Island and Sanibel Island, and lines drawn across 
Redfish and Captiva Passes parallel to the general trend of the seaward, 
highwater shorelines.
    (b) A line drawn from La Costa Test Pile North Light to Port Boca 
Grande Light.
    (c) Lines drawn across Gasparilla and Stump Passes parallel to the 
general

[[Page 197]]

trend of the seaward, highwater shorelines.
    (d) A line across the seaward extremity of Venice Inlet Jetties.
    (e) A line drawn across Midnight Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (f) A line drawn from Big Sarasota Pass Light 14 to the southernmost 
extremity of Lido Key.
    (g) A line drawn across New Pass tangent to the seaward, highwater 
shoreline of Longboat Key.
    (h) A line drawn across Longboat Pass parallel to the seaward, 
highwater shoreline.
    (i) A line drawn from the northwesternmost extremity of Bean Point 
to the southeasternmost extremity of Egmont Key.
    (j) A straight line drawn from Egmont Key Light through Egmont 
Channel Range Rear Light to the shoreline on Mullet Key.
    (k) A line drawn from the northernmost extremity of Mullet Key 
across Bunces Pass and South Channel to Pass-a-Grille Channel Light 8; 
thence to Pass-a-Grille Channel Daybeacon 9; thence to the 
southwesternmost extremity of Long Key.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7787, Mar. 6, 1986; CGD 93-071, 58 FR 65668, Dec. 16, 
1993]



Sec. 80.753  St. Petersburg, FL to the Anclote, FL.

    (a) A line drawn across Blind Pass, between Treasure Island and Long 
Key, parallel with the general trend of the seaward, highwater shorline.
    (b) Lines formed by the centerline of the highway bridges over Johns 
and Clearwater Passes.
    (c) A line drawn across Dunedin and Hurricane Passes parallel with 
the general trend of the seaward, highwater shoreline.
    (d) A line drawn from the northernmost extremity of Honeymoon Island 
to Anclote Anchorage South Entrance Light 7; thence to Anclote Key 
28[deg]10.0[min] N. 82[deg]50.6[min] W; thence a straight line through 
Anclote River Cut B Range Rear Light to the shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 93-071, 58 FR 65668, Dec. 16, 1993]



Sec. 80.755  Anclote, FL to the Suncoast Keys, FL.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers 
from Anclote to the Suncoast Keys.
    (b) A north-south line drawn at longitude 82[deg]38.3[min] W. across 
the Chassahowitzka River Entrance.



Sec. 80.757  Suncoast Keys, FL to Horseshoe Point, FL.

    (a) Except inside lines specifically decribed in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, and marinas from the 
Suncoast Keys to Horseshoe Point.
    (b) A line formed by the centerline of Highway 44 Bridge over the 
Salt River.
    (c) A north-south line drawn through Crystal River Entrance 
Daybeacon 25 across the river entrance.
    (d) A north-south line drawn through the Cross Florida Barge Canal 
Daybeacon 48 across the canal.
    (e) A north-south line drawn through Withlacoochee River Daybeacon 
40 across the river.
    (f) A line drawn from the westernmost extremity of South Point north 
to the shoreline across the Waccasassa River Entrance.
    (g) A line drawn from position latitude 29[deg]16.6[min] N. 
longitude 83[deg]06.7[min] W. 300[deg] true to the shoreline of Hog 
Island.
    (h) A north-south line drawn through Suwannee River Wadley Pass 
Channel Daybeacons 30 and 31 across the Suwannee River.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.760  Horeshoe Point, FL to Rock Island, FL.

    (a) Except inside lines specifically described provided in this 
section, the 72

[[Page 198]]

COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers 
from Horseshoe Point to the Rock Islands.
    (b) A north-south line drawn through Steinhatchee River Light 21.
    (c) A line drawn from Fenholloway River Approach Light FR east 
across the entrance to Fenholloway River.

                             eighth district



Sec. 80.805  Rock Island, FL to Cape San Blas, FL.

    (a) A south-north line drawn from the Econfina River Light to the 
opposite shore.
    (b) A line drawn from Gamble Point Light to the southernmost 
extremity of Cabell Point.
    (c) A line drawn from St. Mark's (Range Rear) Light to St. Mark's 
Channel Light 11; thence to the southernmost extremity of Live Oak 
Point; thence in a straight line through Shell Point Light to the 
southernmost extremity of Ochlockonee Point; thence to Bald Point along 
longitude 84[deg]20.5[min] W.
    (d) A line drawn from the south shore of Southwest Cape at longitude 
84[deg]22.7[min] W. to Dog Island Reef East Light 1; thence to Turkey 
Point Light 2; thence to the easternmost extremity of Dog Island.
    (e) A line drawn from the westernmost extremity of Dog Island to the 
easternmost extremity of St. George Island.
    (f) A line drawn across the seaward extremity of the St. George 
Island Channel Jetties.
    (g) A line drawn from the northwesternmost extremity of Sand Island 
to West Pass Light 7.
    (h) A line drawn from the westernmost extremity of St. Vincent 
Island to the southeast, highwater shoreline of Indian Peninsula at 
Longitude 85[deg]13.5[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.810  Cape San Blas, FL to Perdido Bay, FL.

    (a) A line drawn from St. Joseph Bay Entrance Range A Rear Light 
through St. Joseph Bay Entrance Range B Front Light to St. Joseph Point.
    (b) A line drawn across the mouth of Salt Creek as an extension of 
the general trend of the shoreline to continue across the inlet to St. 
Andrews sound in the middle of Crooked Island.
    (c) A line drawn from the northernmost extremity of Crooked Island 
000[deg] T. to the mainland.
    (d) A line drawn from the easternmost extremity of Shell Island 
120[deg] true to the shoreline across the east entrance to St. Andrews 
Bay.
    (e) A line drawn between the seaward end of the St. Andrews Bay 
Entrance Jetties.
    (f) A line drawn between the seaward end of the Choctawatchee Bay 
Entrance Jetties.
    (g) An east-west line drawn from Fort McRee Leading Light across the 
Pensacola Bay Entrance along latitude 30[deg]19.5[min] N.
    (h) A line drawn between the seaward end of the Perdido Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.815  Mobile Bay, AL to the Chandeleur Islands, LA.

    (a) A line drawn across the inlets to Little Lagoon as an extension 
of the general trend of the shoreline.
    (b) A line drawn from Mobile Point Light to Dauphin Island Channel 
Light No. 1 to the eastern corner of Fort Gaines at Pelican Point.
    (c) A line drawn from the western-most extremity of Dauphin Island 
to the easternmost extremity of Petit Bois Island.
    (d) A line drawn from Horn Island Pass Entrance Range Front Light on 
Petit Bois Island to the easternmost extremity of Horn Island.
    (e) An east-west line (latitude 30[deg]14.7[min] N.) drawn between 
the westernmost extremity of Horn Island to the easternmost extremity of 
Ship Island.
    (f) A curved line drawn following the general trend of the seaward, 
highwater shoreline of Ship Island.
    (g) A line drawn from the Ship Island Light to Chandeleur Light; 
thence in a curved line following the general trend of the seaward, 
highwater shorelines of

[[Page 199]]

the Chandeleur Islands to the island at latitude 29[deg]44.1[min] N., 
longitude 88[deg]53.0[min] W.; thence to latitude 29[deg]26.5[min] N., 
longitude 88[deg]55.6[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990]



Sec. 80.825  Mississippi Passes, LA.

    (a) A line drawn from latitude 29[deg]26.5[min] N., longitude 
88[deg]55.6[min] W. to latitude 29[deg]10.6[min] N., longitude 
88[deg]59.8[min] W.; thence to latitude 29[deg]03.5[min] N., longitude 
89[deg]03.7[min] W.; thence to latitude 28[deg]58.8[min] N., longitude 
89[deg]04.3[min] W.
    (b) A line drawn from latitude 28[deg]58.8[min] N., longitude 
89[deg]04.3[min] W.; to latitude 28[deg]57.3[min] N., longitude 
89[deg]05.3[min] W.; thence to latitude 28[deg]56.95[min] N., longitude 
89[deg]05.6[min] W.; thence to latitude 29[deg]00.4[min] N., longitude 
89[deg]09.8[min] W.; thence following the general trend of the seaward 
highwater shoreline in a northwesterly direction to latitude 
29[deg]03.4[min] N., longitude 89[deg]13.0[min] W.; thence west to 
latitude 29[deg]03.5[min] N., longitude 89[deg]15.5[min] W.; thence 
following the general trend of the seaward highwater shoreline in a 
southwesterly direction to latitude 28[deg]57.7[min] N., longitude 
89[deg]22.3[min] W.
    (c) A line drawn from latitude 28[deg]57.7[min] N., longitude 
89[deg]22.3[min] W.; to latitude 28[deg]51.4[min] N., longitude 
89[deg]24.5[min] W.; thence to latitude 28[deg]52.65[min] N., longitude 
89[deg]27.1[min] W.; thence to the seaward extremity of the Southwest 
Pass West Jetty located at latitude 28[deg]54.5[min] N., longitude 
89[deg]26.1[min] W.
    (d) A line drawn from Mississippi River South Pass East Jetty Light 
4 to Mississippi River South Pass West Jetty Light; thence following the 
general trend of the seaward highwater shoreline in a northwesterly 
direction to coordinate latitude 29[deg]03.4[min] N. longitude 
89[deg]13.0[min] W.; thence west to coordinate latitude 29[deg]03.5[min] 
N., longitude 89[deg]15.5[min] W., thence following the general trend of 
the seaward, highwater shoreline in a southwesterly direction to 
Mississippi River Southwest Pass Entrance Light.
    (e) A line drawn from Mississippi River Southwest Pass Entrance 
Light; thence to the seaward extremity of the Southwest Pass West Jetty 
located at coordinate latitude 28[deg]54.5[min] N. longitude 
89[deg]26.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.830  Mississippi Passes, LA to Point Au Fer, LA.

    (a) A line drawn from the seaward extremity of the Southwest Pass 
West Jetty located at coordinate latitude 28[deg]54.5[min] N. longitude 
89[deg]26.1[min] W.; thence following the general trend of the seaward, 
highwater jetty and shoreline in a north, northeasterly direction to Old 
Tower latitude 28[deg]58.8[min] N. longitude 89[deg]23.3[min] W.; thence 
to West Bay light; thence to coordinate latitude 29[deg]05.2[min] N. 
longitude 89[deg]24.3[min] W.; thence a curved line following the 
general trend of the highwater shoreline to Point Au Fer Island except 
as otherwise described in this section.
    (b) A line drawn across the seaward extremity of the Empire Waterway 
(Bayou Fontanelle) entrance jetties.
    (c) An east-west line drawn from the westernmost extremity of Grand 
Terre Islands in the direction of 194[deg] true to the Grand Isle 
Fishing Jetty Light.
    (d) A line drawn between the seaward extremity of the Belle Pass 
Jetties.
    (e) A line drawn from the westernmost extremity of the Timbalier 
Island to the easternmost extremity of Isles Dernieres.
    (f) A south-north line drawn from Caillou Bay Light 13 across 
Caillou Boca.
    (g) A line drawn 107[deg] true from Caillou Bay Boat Landing Light 
across the entrances to Grand Bayou du Large and Bayou Grand Caillou.
    (h) A line drawn on an axis of 103[deg] true through Taylors Bayou 
Entrance Light 2 across the entrances to Jack Stout Bayou, Taylors 
Bayou, Pelican Pass, and Bayou de West.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.835  Point Au Fer, LA to Calcasieu Pass, LA.

    (a) A line drawn from Point Au Fer to Atchafalaya Channel Light 34, 
to

[[Page 200]]

Point Au Fer Reef Light 33; thence to Atchafalaya Bay Pipeline Light D 
latitude 29[deg]25.0[min] N. longitude 91[deg]31.7[min] W.; thence to 
Atchafalaya Bay Light 1 latitude 29[deg]25.3[min] N. longitude 
91[deg]35.8[min] W.; thence to South Point.
    (b) Lines following the general trend of the highwater shoreline 
drawn across the bayou and canal inlets from the Gulf of Mexico between 
South Point and Calcasieu Pass except as otherwise described in this 
section.
    (c) A line drawn on an axis of 140[deg] true through Southwest Pass 
Vermillion Bay Light 4 across Southwest Pass.
    (d) A line drawn across the seaward extremity of the Freshwater 
Bayou Canal Entrance Jetties.
    (e) A line drawn from Mermentau Channel East Jetty Light 6 to 
Mermentau Channel West Jetty Light 7.
    (f) A line drawn from the radio tower charted in approximate 
position latitude 29[deg]45.7[min] N. longitude 93[deg]06.3[min] W. 
115[deg] true across Mermentau Pass.
    (g) A line drawn across the seaward extremity of the Calcasieu Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.840  Sabine Pass, TX to Galveston, TX.

    (a) A line drawn from the Sabine Pass East Jetty Light to the 
seaward end of the Sabine Pass West Jetty.
    (b) Lines drawn across the small boat passes through the Sabine Pass 
East and West Jetties.
    (c) A line formed by the centerline of the highway bridge over 
Rollover Pass at Gilchrist.



Sec. 80.845  Galveston, TX to Freeport, TX.

    (a) A line drawn from Galveston North Jetty Light 6A to Galveston 
South Jetty Light 5A.
    (b) A line formed by the centerline of the highway bridge over San 
Luis Pass.
    (c) Lines formed by the centerlines of the highway bridges over the 
inlets to Christmas Bay (Cedar Cut) and Drum Bay.
    (d) A line drawn from the seaward extremity of the Freeport North 
Jetty to Freeport Entrance Light 6; thence Freeport Entrance Light 7; 
thence the seaward extremity of Freeport South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.850  Brazos River, TX to the Rio Grande, TX.

    (a) Except as otherwise described in this section lines drawn 
continuing the general trend of the seaward, highwater shorelines across 
the inlets to Brazos River Diversion Channel, San Bernard River, Cedar 
Lakes, Brown Cedar Cut, Colorado River, Matagorda Bay, Cedar Bayou, 
Corpus Christi Bay, and Laguna Madre.
    (b) A line drawn across the seaward extremity of Matagorda Ship 
Channel North Jetties.
    (c) A line drawn from the seaward tangent of Matagorda Peninsula at 
Decros Point to Matagorda Light.
    (d) A line drawn across the seaward extremity of the Aransas Pass 
Jetties.
    (e) A line drawn across the seaward extremity of the Port Mansfield 
Entrance Jetties.
    (f) A line drawn across the seaward extremity of the Brazos Santiago 
Pass Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]

                              Pacific Coast

                            eleventh district



Sec. 80.1102  Santa Catalina Island, CA.

    The 72 COLREGS shall apply to the harbors on Santa Catalina Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1104  San Diego Harbor, CA.

    A line drawn from Zuniga Jetty Light ``V'' to Zuniga Jetty Light 
``Z''; thence to Point Loma Light.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

[[Page 201]]



Sec. 80.1106  Mission Bay, CA.

    A line drawn from Mission Bay South Jetty Light 2 to Mission Bay 
North Jetty Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1108  Oceanside Harbor, CA.

    A line drawn from Oceanside South Jetty Light 4 to Oceanside 
Breakwater Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1110  Dana Point Harbor, CA.

    A line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater 
Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1112  Newport Bay, CA.

    A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West 
Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1114  San Pedro Bay--Anaheim Bay, CA.

    (a) A line drawn across the seaward extremities of the Anaheim Bay 
Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
    (b) A line drawn from Long Beach Channel Entrance Light 2 to Long 
Beach Light.
    (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to 
Los Angeles Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986. Further redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1116  Redondo Harbor, CA.

    A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach 
West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1118  Marina Del Rey, CA.

    (a) A line drawn from Marina Del Rey Breakwater South Light 1 to 
Marina Del Rey Light 4.
    (b) A line drawn from Marina Del Rey Breakwater North Light 2 to 
Marina Del Rey Light 3.
    (c) A line drawn from Marina Del Rey Light 4 to the seaward 
extremity of the Ballona Creek South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1120  Port Hueneme, CA.

    (a) A line drawn from Port Hueneme East Jetty Light 4 to Port 
Hueneme West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1122  Channel Islands Harbor, CA.

    (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to 
Channel Islands Harbor Breakwater South Light 1.
    (b) A line drawn from Channel Islands Harbor Breakwater North Light 
to Channel Islands Harbor North Jetty Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1124  Ventura Marina, CA.

    A line drawn from Ventura Marina South Jetty Light 6 to Ventura 
Marina Breakwater South Light 3; thence to Ventura Marina North Jetty 
Light 7.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

[[Page 202]]



Sec. 80.1126  Santa Barbara Harbor, CA.

    A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara 
Harbor Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1130  San Luis Obispo Bay, CA.

    A line drawn from the southernmost extremity of Fossil Point to the 
seaward extremity of Whaler Island Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1132  Estero-Morro Bay, CA.

    A line drawn from the seaward extremity of the Morro Bay East 
Breakwater to the Morro Bay West Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1134  Monterey Harbor, CA.

    A line drawn from Monterey Harbor Light 6 to the northern extremity 
of Monterey Municipal Wharf 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1136  Moss Landing Harbor, CA.

    A line drawn from the seaward extremity of the pier located 0.3 mile 
south of Moss Landing Harbor Entrance to the seaward extremity of the 
Moss Landing Harbor North Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1138  Santa Cruz Harbor, CA.

    A line drawn from the seaward extremity of the Santa Cruz Harbor 
East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to 
Santa Cruz Light.

[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1140  Pillar Point Harbor, CA.

    A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor 
Entrance Light.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1142  San Francisco Harbor, CA.

    A straight line drawn from Point Bonita Light through Mile Rocks 
Light to the shore.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1144  Bodega and Tomales Bay, CA.

    (a) An east-west line drawn from Sand Point to Avalis Beach.
    (b) A line drawn from the seaward extremity of Bodega Harbor North 
Breakwater to Bodega Harbor Entrance Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 
52 FR 25218, July 6, 1987]



Sec. 80.1146  Albion River, CA.

    A line drawn on an axis of 030[deg] true through Albion River Light 
1 across Albion Cove.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1148  Noyo River, CA.

    A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River 
Entrance Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 203]]



Sec. 80.1150  Arcata-Humboldt Bay, CA.

    A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay 
Entrance Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1152  Crescent City Harbor, CA.

    A line drawn from Crescent City Entrance Light to the 
southeasternmost extremity of Whaler Island.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

                           thirteenth district



Sec. 80.1305  Chetco River, OR.

    A line drawn across the seaward extremities of the Chetco River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1310  Rogue River, OR.

    A line drawn across the seaward extremities of the Rogue River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1315  Coquille River, OR.

    A line drawn across the seaward extremities of the Coquille River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1320  Coos Bay, OR.

    A line drawn across the seaward extremities of the Coos Bay Entrance 
Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1325  Umpqua River, OR.

    A line drawn across the seaward extremities of the Umpqua River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1330  Siuslaw River, OR.

    A line drawn across the seaward extremities of the Siuslaw River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1335  Alsea Bay, OR.

    A line drawn from the seaward shoreline on the north of the Alsea 
Bay Entrance 165[deg] true across the channel entrance.



Sec. 80.1340  Yaquina Bay, OR.

    A line drawn across the seaward extremities of the Yaquina Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1345  Depoe Bay, OR.

    A line drawn across the Depoe Bay Channel entrance parallel with the 
general trend of the highwater shoreline.



Sec. 80.1350  Netarts Bay, OR.

    A line drawn from the northernmost extremity of the shore on the 
south side of Netarts Bay north to the opposite shoreline.



Sec. 80.1355  Tillamook Bay, OR.

    A line drawn across the seaward extremities of the Tillamook Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1360  Nehalem River, OR.

    A line drawn approximately parallel with the general trend of the 
highwater shoreline across the Nehalem River Entrance.



Sec. 80.1365  Columbia River Entrance, OR/WA.

    A line drawn from the seaward extremity of the Columbia River North 
Jetty (above water) 155[deg] true to the seaward extremity of the 
Columbia River South Jetty (above water).



Sec. 80.1370  Willapa Bay, WA.

    A line drawn from Willapa Bay Light 169.8[deg] true to the 
westernmost tripod charted 1.6 miles south of Leadbetter Point.

[CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.1375  Grays Harbor, WA.

    A line drawn across the seaward extremities (above water) of the 
Grays Harbor Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]

[[Page 204]]



Sec. 80.1380  Quillayute River, WA.

    A line drawn from the seaward extremity of the Quillayute River 
Entrance East Jetty to the overhead power cable tower charted on James 
Island; thence a straight line through Quillayute River Entrance Light 3 
to the shoreline.



Sec. 80.1385  Strait of Juan de Fuca.

    The 72 COLREGS shall apply on all waters of the Strait of Juan de 
Fuca.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec. 80.1390  Haro Strait and Strait of Georgia.

    The 72 COLREGS shall apply on all waters of the Haro Strait and the 
Strait of Georgia.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec. 80.1395  Puget Sound and adjacent waters.

    The 72 COLREGS shall apply on all waters of Puget Sound and adjacent 
waters, including Lake Union, Lake Washington, Hood Canal, and all 
tributaries.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]

                             Pacific Islands

                           fourteenth district



Sec. 80.1410  Hawaiian Island Exemption from General Rule.

    Except as provided elsewhere in this part for Mamala Bay and Kaneohe 
Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on 
Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall 
apply on all other bays, harbors, and lagoons of the Hawaiian Island 
(including Midway).



Sec. 80.1420  Mamala Bay, Oahu, HI.

    A line drawn from Barbers Point Light to Diamond Head Light.



Sec. 80.1430  Kaneohe Bay, Oahu, HI.

    A straight line drawn from Pyramid Rock Light across Kaneohe Bay 
through the center of Mokolii Island to the shoreline.



Sec. 80.1440  Port Allen, Kauai, HI.

    A line drawn from Hanapepe Light to Hanapepe Bay Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.1450  Nawiliwili Harbor, Kauai, HI.

    A line drawn from Nawiliwili Harbor Breakwater Light to Kukii Point 
Light.



Sec. 80.1460  Kahului Harbor, Maui, HI.

    A line drawn from Kahului Harbor Entrance East Breakwater Light to 
Kahului Harbor Entrance West Breakwater Light.

[CGD 89-068, 55 FR 31832, Aug. 6, 1990]



Sec. 80.1470  Kawaihae Harbor, Hawaii, HI.

    A line drawn from Kawaihae Light to the seaward extremity of the 
Kawaihae South Breakwater.



Sec. 80.1480  Hilo Harbor, Hawaii, HI.

    A line drawn from the seaward extremity of the Hilo Breakwater 
265[deg] true (as an extension of the seaward side of the breakwater) to 
the shoreline 0.2 nautical mile north of Alealea Point.



Sec. 80.1490  Apra Harbor, U.S. Territory of Guam.

    A line drawn from the westernmost extremity of Orote Island to the 
westernmost extremity of Glass Breakwater.



Sec. 80.1495  U.S. Pacific Island Possessions.

    The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters 
surrounding the U.S. Pacific Island Possessions of American Samoa, 
Baker, Howland, Jarvis, Johnson, Palmyra, Swains and Wake Islands.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 205]]

                                 Alaska

                          seventeenth district



Sec. 80.1705  Alaska.

    The 72 COLREGS shall apply on all the sounds, bays, harbors, and 
inlets of Alaska.

[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 81_72 COLREGS: IMPLEMENTING RULES--Table of Contents




Sec. 
81.1 Definitions.
81.3 General.

                         Alternative Compliance

81.5 Application for a Certificate of Alternative Compliance.
81.9 Certificate of Alternative Compliance: Contents.
81.17 Certificate of Alternative Compliance: Termination.
81.18 Notice and record of certification of vessels of special 
          construction or purpose.

                               Exemptions

81.20 Lights and sound signal appliances.

    Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.

    Source: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.



Sec. 81.1  Definitions.

    As used in this part:
    72 COLREGS refers to the International Regulations for Preventing 
Collisions at Sea, 1972, done at London, October 20, 1972, as rectified 
by the Proces-Verbal of December 1, 1973, as amended.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under 72 COLREGS prevents or significantly hinders the operation in 
which the vessel is usually engaged.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec. 81.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of 72 COLREGS without 
interfering with their special function may instead meet alternative 
requirements. The Chief of the Marine Safety Division in each Coast 
Guard District Office makes this determination and requires that 
alternative compliance be as close as possible with the 72 COLREGS. 
These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec. 81.5 and 81.18 have been 
approved by the Office of Management and Budget under OMB control No. 
1625-0019.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]

                         Alternative Compliance



Sec. 81.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the 72 COLREGS light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:

[[Page 206]]

    (i) The 72 COLREGS Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable 72 COLREGS Rule or Annex 
section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the 72 COLREGS,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

(Approved by the Office of Management and Budget under control number 
1625-0019)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]



Sec. 81.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with 72 COLREGS light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes--
    (a) Identification of the vessel as supplied in the application 
under Sec. 81.5(a)(2);
    (b) The provision of the 72 COLREGS for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the 72 COLREGS lights, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the 72 COLREGS without interfering with 
the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 81.5(a) or the Certificate issued under 
Sec. 81.9 is no longer applicable to the vessel.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.18  Notice and record of certification of vessels of special construction or purpose.

    (a) In accordance with 33 U.S.C. 1605(c), a notice is published in 
the Federal Register of the following:
    (1) Each Certificate of Alternative Compliance issued under Sec. 
81.9; and
    (2) Each Coast Guard vessel determined by the Commandant to be a 
vessel of special construction or purpose.
    (b) Copies of Certificate of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at Marine Safety, Sec. rity and Environmental Protection, U.S. 
Coast Guard Headquarters, 2100 Sec. nd Street SW., Washington, DC 20593-
0001.
    (c) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is

[[Page 207]]

on board the vessel and available for inspection by Coast Guard 
personnel.

(Approved by the Office of Management and Budget under control number 
1625-0019)

[CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 78-82, 
43 FR 54186, Nov. 20, 1978; USCG-2006-25150, 71 FR 39208, July 12, 2006]

                               Exemptions



Sec. 81.20  Lights and sound signal appliances.

    Each vessel under the 72 COLREGS, except the vessels of the Navy, is 
exempt from the requirements of the 72 COLREGS to the limitation for the 
period of time stated in Rule 38 (a), (b), (c), (d), (e), (f), and (g) 
if:
    (a) Her keel is laid or is at a corresponding stage of construction 
before July 15, 1977; and
    (b) She meets the International Regulations for Preventing 
Collisions at Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051-1094).

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated at CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 82_72 COLREGS: INTERPRETATIVE RULES--Table of Contents




Sec. 
82.1 Purpose.
82.3 Pushing vessel and vessel being pushed: Composite unit.
82.5 Lights for moored vessels.
82.7 Sidelights for unmanned barges.

    Authority: 14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR 4327, 
3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).



Sec. 82.1  Purpose.

    This part contains the interpretative rules concerning the 72 
COLREGS that are adopted by the Coast Guard for the guidance of the 
public.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 82.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a 
vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
under Rule 23. A ``composite unit'' is interpreted to be a pushing 
vessel that is rigidly connected by mechanical means to a vessel being 
pushed so they react to sea and swell as one vessel. ``Mechanical 
means'' does not include the following:
    (a) Lines.
    (b) Hawsers.
    (c) Wires.
    (d) Chains.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 82.5  Lights for moored vessels.

    For the purposes of Rule 30 of the 72 COLREGS, a vessel at anchor 
includes a barge made fast to one or more mooring buoys or other similar 
device attached to the sea or river floor. Such a barge may be lighted 
as a vessel at anchor in accordance with Rule 30, or may be lighted on 
the corners in accordance with 33 CFR 88.13.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 82.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 209]]

                                  INDEX

                 SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Alaska
                                                                 80.1705
Albion River, CA
                                                                 80.1146
Alsea Bay, OR
                                                                 80.1335
Alternative Compliance
                                                                    81.5
Amelia Island, FL to Cape Canaveral, FL
                                                                  80.723
Anclote, FL to the Suncoast Keys, FL
                                                                  80.755
Application for a Certificate of Alternative Compliance
                                                                    81.5
Apra Harbor, U.S. Territory of Guam
                                                                 80.1490
Arcato-Humboldt Bay, CA
                                                                 80.1150
Atlantic Coast
                                                                  80.105

                                 B

Block Island, RI
                                                                  80.150
Bodega and Tomales Bay, CA
                                                                 80.1144
Boston Harbor entrance
                                                                  80.130
Brazos River, TX to the Rio Grande, TX
                                                                  80.850

                                 C

Calais, ME to Cape Small, ME
                                                                  80.105
Cape Ann, ME to Marblehead Neck, ME
                                                                  80.120
Cape Canaveral, FL to Miami Beach, FL
                                                                  80.727
Cape Fear, NC to New River Inlet, NC
                                                                  80.530
Cape Hatteras, NC to Cape Lookout, NC
                                                                  80.520
Cape Henlopen, DL to Cape Charles, VA
                                                                  80.505
Cape Henry, VA to Cape Hatteras, NC
                                                                  80.515
Cape Lookout, NC to Cape Fear, NC
                                                                  80.525
Cape Romain, SC to Sullivans Island, SC
                                                                  80.707
Cape Romano, FL to Sanibel Island, FL
                                                                  80.748
Cape Sable, FL to Cape Romano, FL
                                                                  80.745
Cape San Blas, FL to Perdido Bay, FL
                                                                  80.810
Casco Bay, ME
                                                                  80.110
Certificate of Alternative Compliance: Contents
                                                                    81.9
Certificate of Alternative Compliance: Termination
                                                                   81.17
Channel Islands Harbor, CA
                                                                 80.1122
Charleston, SC
                                                                  80.710
Chesapeake Bay Entrance, VA
                                                                  80.510
Chetco River, OR
                                                                 80.1305
COLREGS Demarcation Lines
                                                                 Part 80
Columbia River Entrance, OR/WA
                                                                 80.1365
Coos Bay, OR
                                                                 80.1320

[[Page 210]]

Coquille River, OR
                                                                 80.1315
Crescent City, Harbor, CA
                                                                 80.1152

                                 D

Dana Point Harbor, CA
                                                                 80.1110
Definitions
                                                                    81.1
Delaware Bay
                                                                  80.503
Depoe Bay, OR
                                                                 80.1345

                                 E

Eighth Coast Guard District
                                                                  80.805
Eleventh Coast Guard District
                                                                 80.1102
Estero Bay-Morro Bay, CA
                                                                 80.1132

                                 F

Fifth Coast Guard District
                                                                  80.501
First Coast Guard District
                                                                  80.105
Fourteenth Coast Guard District
                                                                 80.1410

                                 G

Galveston, TX to Freeport, TX
                                                                  80.845
General basis and purpose of demarcation lines
                                                                   80.01
General, 72 COLREGS Implementation
                                                                    81.3
Grays harbor, WA
                                                                 80.1375
Gulf Coast
                                                                  80.740

                                 H

Haro Strait and Strait of Georgia
                                                                 80.1390
Hawaiian Island Exemption from General Rule
                                                                 80.1410
Hilo Harbor, Hawaii, HI
                                                                 80.1480
Horseshoe Point, FL to Rock Island, FL
                                                                  80.760
Hull, MA to Race Point, MA
                                                                  80.135

                                 I

Implementing Rules, 72 COLREGS
                                                                 Part 81
Interpretative Rules, 72 COLREGS
                                                                 Part 82

                                 K

Kahului Harbor, Maui, HI
                                                                 80.1460
Kaneohe Bay, Oahu, HI
                                                                 80.1430
Kawaihae Harbor, Hawaii, HI
                                                                 80.1470

                                 L

Lights and sound signal exemptions
                                                                   81.20
Little River inlet, SC to Cape Romain, SC
                                                                  80.703
Long Key, FL to Cape Sable, FL
                                                                  80.740

                                 M

Mamala Bay, Oahu, HI
                                                                 80.1420
Marblehead Neck, MA to Nahant, MA
                                                                  80.125
Marina Del Rey, CA
                                                                 80.1118
Miami Harbor, FL
                                                                  80.730
Miami, FL to Long Key, FL
                                                                  80.735

[[Page 211]]

Mission Bay, CA
                                                                 80.1106
Mississippi Passes, LA to Point Au Fer, LA
                                                                  80.830
Mississippi Passes, LA
                                                                  80.825
Mobile Bay, AL to Chandeleur Islands, LA
                                                                  80.815
Montauk Point, NY to Atlantic Beach, NY
                                                                  80.160
Monterey Harbor, CA
                                                                 80.1134
Morris Island, SC to Hilton Head Island, SC
                                                                  80.712
Moss Landing Harbor, CA
                                                                 80.1136

                                 N

Nehalem River, OR
                                                                 80.1360
Netarts Bay, OR
                                                                 80.1350
New York Harbor
                                                                  80.165
Newport Bay, CA
                                                                 80.1112
Notice and record of certification of vessels of Noyo River, CA 
                                                                 80.1148

                                 O

Oceanside Harbor, CA
                                                                 80.1108

                                 P

Pacific Coast
                                                                 80.1102
Pillar Point Harbor, CA
                                                                 80.1140
Point Au Fer, LA to Calcasieu Pass, LA
                                                                  80.835
Port Allen, Kauai, HI
                                                                 80.1440
Port Hueneme, CA
                                                                 80.1120
Portland Head, ME to Cape Ann, ME
                                                                  80.115
Puerto Rico and Virgin Islands
                                                                  80.738
Puget Sound and adjacent waters
                                                                 80.1395
Purpose
                                                                    82.1
Pushing vessel and vessel being pushed: Composite unit
                                                                    82.3

                                 Q

Quillayute River, WA
                                                                 80.1380

                                 R

Race Point, MA to Watch Hill, RI
                                                                  80.145
Redondo Harbor, CA
                                                                 80.1116
Rock Island, FL to Cape San Blas, FL
                                                                  80.805
Rogue River, OR
                                                                 80.1310

                                 S

Sabine Pass, TX to Galveston, TX
                                                                  80.840
San Diego Harbor, CA
                                                                 80.1104
San Francisco Harbor, CA
                                                                 80.1142
San Luis Obispo Bay, CA
                                                                 80.1130
San Pedro Bay-Anaheim Bay, CA
                                                                 80.1114
Sandy Hook, NJ to Tom's River, NJ
                                                                  80.170
Sanibel Island, FL to St. Petersburg, FL
                                                                  80.750
Santa Barbara Harbor, CA
                                                                 80.1126
Santa Catalina Island, CA
                                                                 80.1102
Santa Cruz Harbor, CA
                                                                 80.1138
Savannah River
                                                                  80.715
Seventeenth Coast Guard District
                                                                 80.1705
Seventh Coast Guard District
                                                          80.703, 80.740

[[Page 212]]

Siuslaw River, OR
                                                                 80.1330
Special construction or purpose
                                                                   81.18
St. Petersburg, FL to Anclote, FL
                                                                  80.753
St. Simons Island, GA to Amelia Island, FL
                                                                  80.720
Strait of Juan De Fuca
                                                                 80.1385
Suncoast Keys, FL to Horseshoe Point, FL
                                                                  80.757

                                 T

Thirteenth Coast Guard District
                                                                 80.1305
Tillamook Bay, OR
                                                                 80.1355
Tom's River, NJ to Cape May, NJ
                                                                  80.501
Tybee Island, GA to St. Simons Island, GA
                                                                  80.717

                                 U

U.S. Pacific Island possessions
                                                                 80.1495
Umpqua River, OR
                                                                 80.1325

                                 V

Ventura Marina, CA
                                                                 80.1124

                                 W

Watch Hill, RI to Montauk Point, NY
                                                                  80.155
Willapa Bay, WA
                                                                 80.1370

                                 Y

Yaquina Bay, OR
                                                                 80.1340

[[Page 213]]



                  SUBCHAPTER E_INLAND NAVIGATION RULES





PART 84_ANNEX I: POSITIONING AND TECHNICAL DETAILS 
OF LIGHTS AND SHAPES--Table of Contents




Sec. 
84.01 Definitions.
84.03 Vertical positioning and spacing of lights.
84.05 Horizontal positioning and spacing of lights.
84.07 Details of location of direction-indicating lights for fishing 
          vessels, dredgers and vessels engaged in underwater 
          operations.
84.09 Screens.
84.11 Shapes.
84.13 Color specification of lights.
84.15 Intensity of lights.
84.17 Horizontal sectors.
84.19 Vertical sectors.
84.21 Intensity of non-electric lights.
84.23 Maneuvering light.
84.24 High-speed craft.
84.25 Approval. [Reserved]

    Authority: 33 U.S.C. 2071; Department of Homeland Sec. rity 
Delegation No. 0170.1.

    Source: CGD 81-008, 46 FR 62447, Dec. 24, 1981, unless otherwise 
noted.



Sec. 84.01  Definitions.

    (a) The term height above the hull means height above the uppermost 
continuous deck. This height shall be measured from the position 
vertically beneath the location of the light.
    (b) High-speed craft means a craft capable of maximum speed in 
meters per second (m/s) equal to or exceeding: 3.7[dtri]\0.1667\; where 
[dtri]=displacement corresponding to the design waterline (meters 
3).

    Note to paragraph (b): The same formula expressed in pounds and 
knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs) 
[dtri]\0.1667\; where [dtri]=displacement corresponding to design 
waterline in pounds.

    (c) The term practical cut-off means, for vessels 20 meters or more 
in length, 12.5 percent of the minimum luminous intensity (Table 
84.15(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I are met.
    (d) The term Rule or Rules means the Inland Navigation Rules 
contained in Sec. 2 of the Inland Navigational Rules Act of 1980 (Pub. 
L. 96-591, 94 Stat. 3415, 33 U.S.C. 2001, December 24, 1980) as amended.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998]



Sec. 84.03  Vertical positioning and spacing of lights.

    (a) On a power-driven vessel of 20 meters or more in length the 
masthead lights shall be placed as follows:
    (1) The forward masthead light, or if only one masthead light is 
carried, then that light, at a height above the hull of not less than 5 
meters, and, if the breadth of the vessel exceeds 5 meters, then at a 
height above the hull not less than such breadth, so however that the 
light need not be placed at a greater height above the hull than 8 
meters;
    (2) When two masthead lights are carried the after one shall be at 
least 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-driven 
vessels shall be such that in all normal conditions of trim the after 
light will be seen over and separate from the forward light at a 
distance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters but 
less than 20 meters in length shall be placed at a height above the 
gunwale of not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in Rule 
23(c), of a power-driven vessel of less than 12 meters in length shall 
be carried at least one meter higher than the sidelights.
    (e) One of the two or three masthead lights prescribed for a power-
driven vessel when engaged in towing or pushing another vessel shall be 
placed in the same position as either the forward masthead light or the 
after masthead light, provided that the lowest after masthead light 
shall be at least 2 meters vertically higher than the highest forward 
masthead light.
    (f)(1) The masthead light or lights prescribed in Rule 23(a) shall 
be so placed as to be above and clear of all

[[Page 214]]

other lights and obstructions except as described in paragraph (f)(2) of 
this section.
    (2) When it is impracticable to carry the all-round lights 
prescribed in Rule 27(b)(i) below the masthead lights, they may be 
carried above the after masthead light(s) or vertically in between the 
forward masthead light(s) and after masthead light(s), provided that in 
the latter case the requirement of Sec. 84.05(d) shall be complied 
with.
    (g) The sidelights of a power-driven vessel shall be placed at least 
one meter lower than the forward masthead light. They shall not be so 
low as to be interfered with by deck lights.
    (h) [Reserved]
    (i) When the Rules prescribe two or three lights to be carried in a 
vertical line, they shall be spaced as follows:
    (1) On a vessel of 20 meters in length or more such lights shall be 
spaced not less than 1 meter apart, and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 4 meters above the hull;
    (2) On a vessel of less than 20 meters in length such lights shall 
be spaced not less than 1 meter apart and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 2 meters above the gunwale;
    (3) When three lights are carried they shall be equally spaced.
    (j) The lower of the two all-round lights prescribed for a vessel 
when engaged in fishing shall be a height above the sidelights not less 
than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i), when two 
are carried, shall not be less than 4.5 meters above the after one. On a 
vessel of 50 meters or more in length this forward anchor light shall be 
placed at a height or not less than 6 meters above the hull.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.05  Horizontal positioning and spacing of lights.

    (a) Except as specified in paragraph (e) of this section, when two 
masthead lights are prescribed for a power-driven vessel, the horizontal 
distance between them must not be less than one quarter of the length of 
the vessel but need not be more than 50 meters. The forward light must 
be placed not more than one half of the length of the vessel from the 
stem.
    (b) On a power-driven vessel of 20 meters or more in length the 
sidelights shall not be placed in front of the forward masthead lights. 
They shall be placed at or near the side of the vessel.
    (c) When the lights prescribed in Rule 27(b)(i) are placed 
vertically between the forward masthead light(s) and the after masthead 
light(s) these all-round lights shall be placed at a horizontal distance 
of not less than 2 meters from the fore and aft centerline of the vessel 
in the athwartship direction.
    (d) When only one masthead light is prescribed for a power-driven 
vessel, this light must be exhibited forward of amidships. For a vessel 
of less than 20 meters in length, the vessel shall exhibit one masthead 
light as far forward as is practicable.
    (e) On power-driven vessels 50 meters but less than 60 meters in 
length operated on the Western Rivers, and those waters specified in 
Sec. 89.25, the horizontal distance between masthead lights shall not 
be less than 10 meters.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 88-07, 53 FR 
10533, April 1, 1988; CGD 94-011, 63 FR 5731, Feb. 4, 1998]



Sec. 84.07  Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from a 
vessel engaged in fishing as prescribed in Rule 26(c)(ii) shall be 
placed at a horizontal distance of not less than 2 meters and not more 
than 6 meters away from the two all-round red and white lights. This 
light shall be placed not higher than the all-round white light 
prescribed in Rule 26(c)(i) and not lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging or 
underwater operations to indicate the obstructed side and/or the side on 
which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii), shall 
be placed at the maximum

[[Page 215]]

practical horizontal distance, but in no case less than 2 meters, from 
the lights or shapes prescribed in Rule 27(b)(i) and (ii). In no case 
shall the upper of these lights or shapes be at a greater height than 
the lower of the three lights or shapes prescribed in Rule 27(b)(i) and 
(ii).



Sec. 84.09  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with mat black inboard screens and meet the requirements of 
Sec. 84.17. On vessels of less than 20 meters in length, the 
sidelights, if necessary to meet the requirements of Sec. 84.17, shall 
be fitted with mat black inboard screens. With a combined lantern, using 
a single vertical filament and a very narrow division between the green 
and red sections, external screens need not be fitted.
    (b) On power-driven vessels less than 12 meters in length 
constructed after July 31, 1983, the masthead light, or the all-round 
light described in Rule 23(c) shall be screened to prevent direct 
illumination of the vessel forward of the operator's position.



Sec. 84.11  Shapes.

    (a) Shapes shall be black and of the following sizes:
    (1) A ball shall have a diameter of not less than 0.6 meter;
    (2) A cone shall have a base diameter of not less than 0.6 meter and 
a height equal to its diameter;
    (3) A diamond shape shall consist of two cones (as defined in 
paragraph (a)(2) of this section) having a common base.
    (b) The vertical distance between shapes shall be at least 1.5 
meter.
    (c) In a vessel of less than 20 meters in length shapes of lesser 
dimensions but commensurate with the size of the vessel may be used and 
the distance apart may be correspondingly reduced.



Sec. 84.13  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to the 
following standards, which lie within the boundaries of the area of the 
diagram specified for each color by the International Commission on 
Illumination (CIE), in the ``Colors of Light Signals'', which is 
incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 
1975, and is available from the Illumination Engineering Society, 345 
East 47th Street, New York, NY 10017 and is available for inspection at 
the Coast Guard, Ocean Engineering Division (G-SEC-2), 2100 Sec. nd 
Street SW, Washington, DC 20593-0001. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. This incorporation by 
reference was approved by the Director of the Federal Register.
    (b) The boundaries of the area for each color are given by 
indicating the corner co-ordinates, which are as follows:
    (1) White:

x 0.525 0.525 0.452 0.310 0.310 0.443
y 0.382 0.440 0.440 0.348 0.283 0.382

    (2) Green:

x 0.028 0.009 0.300 0.203
y 0.385 0.723 0.511 0.356

    (3) Red:

x 0.680 0.660 0.735 0.721
y 0.320 0.320 0.265 0.259

    (4) Yellow:

x 0.612 0.618 0.575 0.575
y 0.382 0.382 0.425 0.406

[CGD81-008, 46 FR 62447, Dec. 24, 1981, as amended at 69 FR 18803, Apr. 
9, 2004; USCG-2004-18057, 69 FR 34925, June 23, 2004]



Sec. 84.15  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculated by 
using the formula:

I=3.43x10\6\xTxD\2\xK-D

where I is luminous intensity in candelas under service conditions,
T is threshold factor 2x10-7 lux,
D is range of visibility (luminous range) of the light in nautical 
miles,
K is atmospheric transmissivity. For prescribed lights the value of K 
shall be 0.8, corresponding to a meteorological visibility of 
approximately 13 nautical miles.

    (b) A selection of figures derived from the formula is given in 
Table 84.15(b):

[[Page 216]]



                             Table 84.15(b)
------------------------------------------------------------------------
                                                        Minimum luminous
                                                          intensity of
   Range of visibility (luminous range) of light in         light in
                   nautical miles D                       candelas for
                                                             K=0.8 I
------------------------------------------------------------------------
1.....................................................               0.9
2.....................................................               4.3
3.....................................................              12
4.....................................................              27
5.....................................................              52
6.....................................................              94
------------------------------------------------------------------------



Sec. 84.17  Horizontal sectors.

    (a)(1) In the forward direction, sidelights as fitted on the vessel 
shall show the minimum required intensities. The intensities shall 
decrease to reach practical cut-off between 1 and 3 degrees outside the 
prescribed sectors.
    (2) For sternlights and masthead lights and at 22.5 degrees abaft 
the beam for sidelights, the minimum required intensities shall be 
maintained over the arc of the horizon up to 5 degrees within the limits 
of the sectors prescribed in Rule 21. From 5 degrees within the 
prescribed sectors the intensity may decrease by 50 percent up to the 
prescribed limits; it shall decrease steadily to reach practical cut-off 
at not more than 5 degrees outside the prescribed sectors.
    (b) All-round lights shall be so located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than 6 
degrees, except anchor lights prescribed in Rule 30, which need not be 
placed at an impracticable height above the hull, and the all-round 
white light described in Rule 23(d), which may not be obscured at all.
    (c) If it is impracticable to comply with paragraph (b) of this 
section by exhibiting only one all-round light, two all-round lights 
shall be used suitably positioned or screened to appear, as far as 
practicable, as one light at a minimum distance of one nautical mile.

    Note to paragraph (c): Tow unscreened all-round lights that are 1.28 
meters apart or less will appear as one light to the naked eye at a 
distance of one nautical mile.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 94-011, 63 FR 
5731, Feb. 4, 1998]



Sec. 84.19  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with the 
exception of lights on sailing vessels underway and on unmanned barges, 
shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 60 percent of the required minimum intensity is 
maintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway the vertical sectors of 
electric lights as fitted shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 50 percent of the required minimum intensity is 
maintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensity of 
electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights these 
specifications shall be met as closely as possible

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.21  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table given in Sec. 84.15.



Sec. 84.23  Maneuvering light.

    Notwithstanding the provisions of Sec. 84.03(f), the maneuvering 
light described in Rule 34(b) shall be placed approximately in the same 
fore and aft vertical plane as the masthead light or lights and, where 
practicable, at a minimum height of one-half meter vertically above the 
forward masthead light, provided that it shall be carried not less than 
one-half meter vertically above or below the after masthead light. On a 
vessel where only one masthead light is carried the maneuvering light, 
if fitted, shall be carried where it can best be seen, not less than 
one-half meter vertically apart from the masthead light.

[[Page 217]]



Sec. 84.24  High-speed craft.

    (a) The masthead light of high-speed craft with a length to breadth 
ratio of less than 3.0 may be placed at a height related to the breadth 
lower than that prescribed in Sec. 84.03(a)(1), provided that the base 
angle of the isosceles triangle formed by the side lights and masthead 
light when seen in end elevation is not less than 27 degrees as 
determined by the formula in paragraph (b) of this section.
    (b) The minimum height of masthead light above sidelights is to be 
determined by the following formula: Tan 27[deg]=X/
Y; where Y is the horizontal distance between the sidelights 
and X is the height of the forward masthead light.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998. Redesignated by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 84.25  Approval.

    The construction of lights and shapes and the installation of lights 
on board the vessel must satisfy the Commandant, U.S. Coast Guard.

[USCG-1999-6580, 66 FR 55091, Nov. 1, 2001]



PART 85_ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING 
IN CLOSE PROXIMITY--Table of Contents




Sec. 
85.1 General.
85.3 Signals for trawlers.
85.5 Signals for purse seiners.

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-006, 46 FR 61845, Dec. 21, 1981, unless otherwise 
noted.



Sec. 85.1  General.

    The lights mentioned herein shall, if exhibited in pursuance of Rule 
26(d), be placed where they can best be seen. They shall be at least 0.9 
meter apart but at a lower level than lights prescribed in Rule 26(b)(i) 
and (c)(i) contained in the Inland Navigational Rules Act of 1980, as 
amended (33 U.S.C. 2001 et seq.). The lights shall be visible all around 
the horizon at a distance of at least 1 mile but at a lesser distance 
from the lights prescribed by these Rules for fishing vessels.



Sec. 85.3  Signals for trawlers.

    (a) Vessels when engaged in trawling, whether using demersal or 
pelagic gear, may exhibit:
    (1) When shooting their nets: two white lights in a vertical line;
    (2) When hauling their nets: one white light over one red light in a 
vertical line;
    (3) When the net has come fast upon an obstruction: two red lights 
in a vertical line.
    (b) Each vessel engaged in pair trawling may exhibit:
    (1) By night, a searchlight directed forward and in the direction of 
the other vessel of the pair;
    (2) When shooting or hauling their nets or when their nets have come 
fast upon an obstruction, the lights prescribed in paragraph (a) of this 
section.



Sec. 85.5  Signals for purse seiners.

    Vessels engaged in fishing with purse seine gear may exhibit two 
yellow lights in a vertical line. These lights shall flash alternately 
every second and with equal light and occultation duration. These lights 
may be exhibited only when the vessel is hampered by its fishing gear.



PART 86_ANNEX III: TECHNICAL DETAILS OF SOUND 
SIGNAL APPLIANCES--Table of Contents




                           Subpart A_Whistles

Sec. 
86.01 Frequencies and range of audibility.
86.03 Limits of fundamental frequencies.
86.05 Sound signal intensity and range of audibility.
86.07 Directional properties.
86.09 Positioning of whistles.
86.11 Fitting of more than one whistle.
86.13 Combined whistle systems.
86.15 Towing vessel whistles.

                         Subpart B_Bell or Gong

86.21 Intensity of signal.
86.23 Construction.

                           Subpart C_Approval

86.31 Approval. [Reserved]

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-009, 46 FR 61848, Dec. 21, 1981, unless otherwise 
noted.

[[Page 218]]



                           Subpart A_Whistles



Sec. 86.01  Frequencies and range of audibility.

    The fundamental frequency of the signal shall lie within the range 
70-525 Hz. The range of audibility of the signal from a whistle shall be 
determined by those frequencies, which may include the fundamental and/
or one or more higher frequencies, which lie within the frequency ranges 
and provide the sound pressure levels specified in Sec. 86.05.



Sec. 86.03  Limits of fundamental frequencies.

    To ensure a wide variety of whistle characteristics, the fundamental 
frequency of a whistle shall be between the following limits:
    (a) 70-200 Hz, for a vessel 200 meters or more in length;
    (b) 130-350 Hz, for a vessel 75 meters but less than 200 meters in 
length;
    (c) 250-525 Hz, for a vessel less than 75 meters in length.



Sec. 86.05  Sound signal intensity and range of audibility.

    A whistle on a vessel shall provide, in the direction of the forward 
axis of the whistle and at a distance of 1 meter from it, a sound 
pressure level in at least one \1/3\-octave band of not less than the 
appropriate figure given in Table 86.05 within the following frequency 
ranges (1 percent):
    (a) 130-1200 Hz, for a vessel 75 meters or more in length;
    (b) 250-1600 Hz, for a vessel 20 meters but less than 75 meters in 
length;
    (c) 250-2100 Hz, for a vessel 12 meters but less than 20 meters in 
length.

                                                   Table 86.05
----------------------------------------------------------------------------------------------------------------
                                                                                            \1/3\-
                                                                                            octave
                                                                                 For      band level  Audibility
                                                                Fundamental    measured   at 1 meter   range in
                  Length of vessel in meters                     frequency   frequencies     in dB     nautical
                                                                 range (Hz)      (Hz)      referred      miles
                                                                                          to 2x10 -5
                                                                                            N/m\2\
----------------------------------------------------------------------------------------------------------------
                                                                ...........  130-180             145  ..........
200 or more...................................................       70-200  180-250             143           2
                                                                ...........  250-1200            140  ..........
                                                                ...........  130-180             140  ..........
75 but less than 200..........................................      130-350  180-250             138         1.5
                                                                ...........  250-1200            134  ..........
                                                                ...........  250-450             130  ..........
20 but less than 75...........................................      250-525  450-800             125         1.0
                                                                ...........  800-1600            121  ..........
                                                                ...........  250-450             120  ..........
12 but less than 20...........................................      250-525  450-800             115         0.5
                                                                ...........  800-2100            111  ..........
----------------------------------------------------------------------------------------------------------------
 Note. The range of audibility in the table above is for information and is approximately the range at which a
  whistle may usually be heard on its forward axis in conditions of still air on board a vessel having average
  background noise level at the listening posts (taken to be 68 dB in the octave band centered on 250 Hz and 63
  dB in the octave band centered on 500 Hz).
In practice the range at which a whistle may be heard is extremely variable and depends critically on weather
  conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient
  noise level at the listening post the range may be much reduced.



Sec. 86.07  Directional properties.

    The sound pressure level of a directional whistle shall be not more 
than 4 dB below the sound pressure level specified in Sec. 86.05 in any 
direction in the horizontal plane within 45 
degrees of the forward axis. The sound pressure level of the whistle in 
any other direction in the horizontal plane shall not be more than 10 dB 
less than the sound pressure level specified for the forward axis, so 
that the range of audibility in any direction will be at least half the 
range required on the forward axis. The sound pressure level shall be 
measured in that one-third octave band which determines the audibility 
range.



Sec. 86.09  Positioning of whistles.

    (a) When a directional whistle is to be used as the only whistle on 
the vessel and is permanently installed, it shall be installed with its 
forward axis directed forward.

[[Page 219]]

    (b) A whistle shall be placed as high as practicable on a vessel, in 
order to reduce interception of the emitted sound by obstructions and 
also to minimize hearing damage risk to personnel. The sound pressure 
level of the vessel's own signal at listening posts shall not exceed 110 
dB(A) and so far as practicable should not exceed 100 dB(A).



Sec. 86.11  Fitting of more than one whistle.

    If whistles are fitted at a distance apart of more than 100 meters, 
they shall not be sounded simultaneously.



Sec. 86.13  Combined whistle systems.

    (a) A combined whistle system is a number of whistles (sound 
emitting sources) operated together. For the purposes of the Rules a 
combined whistle system is to be regarded as a single whistle.
    (b) The whistles of a combined system shall:
    (1) Be located at a distance apart of not more than 100 meters,
    (2) Be sounded simultaneously,
    (3) Each have a fundamental frequency different from those of the 
others by at least 10 Hz, and
    (4) Have a tonal characteristic appropriate for the length of vessel 
which shall be evidenced by at least two-thirds of the whistles in the 
combined system having fundamental frequencies falling within the limits 
prescribed in Sec. 86.03, or if there are only two whistles in the 
combined system, by the higher fundamental frequency falling within the 
limits prescribed in Sec. 86.03.

    Note: If due to the presence of obstructions the sound field of a 
single whistle or of one of the whistles referred to in Sec. 86.11 is 
likely to have a zone of greatly reduced signal level, a combined 
whistle system should be fitted so as to overcome this reduction.



Sec. 86.15  Towing vessel whistles.

    A power-driven vessel normally engaged in pushing ahead or towing 
alongside may, at all times, use a whistle whose characteristic falls 
within the limits prescribed by Sec. 86.03 for the longest customary 
composite length of the vessel and its tow.



                         Subpart B_Bell or Gong



Sec. 86.21  Intensity of signal.

    A bell or gong, or other device having similar sound characteristics 
shall produce a sound pressure level of not less than 110 dB at 1 meter.



Sec. 86.23  Construction.

    Bells and gongs shall be made of corrosion-resistant material and 
designed to give a clear tone. The diameter of the mouth of the bell 
shall be not less than 300 mm for vessels of more than 20 meters in 
length, and shall be not less than 200 mm for vessels of 12 to 20 meters 
in length. The mass of the striker shall be not less than 3 percent of 
the mass of the bell. The striker shall be capable of manual operation. 
Note: When practicable, a power-driven bell striker is recommended to 
ensure constant force.



                           Subpart C_Approval



Sec. 86.31  Approval. [Reserved]



PART 87_ANNEX IV: DISTRESS SIGNALS--Table of Contents




Sec. 
87.1 Need of assistance.
87.3 Exclusive use.
87.5 Supplemental signals.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.



Sec. 87.1  Need of assistance.

    The following signals, used or exhibited either together or 
separately, indicate distress and need of assistance:
    (a) A gun or other explosive signal fired at intervals of about a 
minute.
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time at 
short intervals;
    (d) A signal made by radiotelegraphy or by any other signaling 
method consisting of the group . . . -- -- -- . . . (SOS) in the Morse 
Code,
    (e) A signal sent by radiotelephony consisting of the spoken word 
``Mayday'';
    (f) The International Code Signal of distress indicated by N.C.

[[Page 220]]

    (g) A signal consisting of a square flag having above or below it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oil barrel, 
etc.);
    (i) A rocket parachute flare or a hand flare showing a red light;
    (j) A smoke signal giving off orange-colored smoke;
    (k) Slowly and repeatedly raising and lowering arms outstretched to 
each side;
    (l) The radiotelegraph alarm signal;
    (m) The radiotelephone alarm signal;
    (n) Signals transmitted by emergency position-indicating radio 
beacons;
    (o) Signals transmitted by radiocommunication systems, including 
survival craft radar transponders meeting the requirements of 47 CFR 
80.1095.
    (p) A high intensity white light flashing at regular intervals from 
50 to 70 times per minute.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990; CGD 94-011, 63 FR 5732, Feb. 4, 1998]



Sec. 87.3  Exclusive use.

    The use or exhibition of any of the foregoing signals except for the 
purpose of indicating distress and need of assistance and the use of 
other signals which may be confused with any of the above signals is 
prohibited.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982]



Sec. 87.5  Supplemental signals.

    Attention is drawn to the relevant sections of the International 
Code of Signals, the Merchant Ship Search and Rescue Manual, the 
International Telecommunication Union Radio Regulations and the 
following signals:
    (a) A piece of orange-colored canvas with either a black square and 
circle or other appropriate symbol (for identification from the air);
    (b) A dye marker.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



PART 88_ANNEX V: PILOT RULES--Table of Contents




Sec. 
88.01 Purpose and applicability.
88.03 Definitions.
88.05 Copy of rules.
88.09 Temporary exemption from light and shape requirements when 
          operating under bridges.
88.11 Law enforcement vessels.
88.12 Public safety activities.
88.13 Lights on moored barges.
88.15 Lights on dredge pipelines.

    Authority: 33 U.S.C. 2071.

    Source: CGD 80-158, 47 FR 16175, Apr. 15, 1982, unless otherwise 
noted.



Sec. 88.01  Purpose and applicability.

    This part applies to all vessels operating on United States inland 
waters and to United States vessels operating on the Canadian waters of 
the Great Lakes to the extent there is no conflict with Canadian law.



Sec. 88.03  Definitions.

    The terms used in this part have the same meaning as defined in the 
Inland Navigational Rules Act of 1980.



Sec. 88.05  Copy of rules.

    The operator of each self-propelled vessel 12 meters or more in 
length shall carry on board and maintain for ready reference a copy of 
the Inland Navigation Rules.

[USCG-2005-21531, 70 FR 36349, June 23, 2005]



Sec. 88.09  Temporary exemption from light and shape requirements when operating under bridges.

    A vessel's navigation lights and shapes may be lowered if necessary 
to pass under a bridge.



Sec. 88.11  Law enforcement vessels.

    (a) Law enforcement vessels may display a flashing blue light when 
engaged in direct law enforcement or public safety activities. This 
light must be located so that it does not interfere with the visibility 
of the vessel's navigation lights.
    (b) The blue light described in this section may be displayed by law 
enforcement vessels of the United States and the States and their 
political subdivisions.

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 90-032, 56 FR 
33385, July 22, 1991]

[[Page 221]]



Sec. 88.12  Public safety activities.

    (a) Vessels engaged in government sanctioned public safety 
activities, and commercial vessels performing similar functions, may 
display an alternately flashing red and yellow light signal. This 
identification light signal must be located so that it does not 
interfere with the visibility of the vessel's navigation lights. The 
identification light signal may be used only as an identification signal 
and conveys no special privilege. Vessels using the identification light 
signal during public safety activities must abide by the Inland 
Navigation Rules, and must not presume that the light or the exigency 
gives them precedence or right of way.
    (b) Public safety activities include but are not limited to 
patrolling marine parades, regattas, or special water celebrations; 
traffic control; salvage; firefighting; medical assistance; assisting 
disabled vessels; and search and rescue.

[CGD 90-032, 56 FR 33386, July 22, 1991]



Sec. 88.13  Lights on moored barges.

    (a) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(b) of this section:
    (1) Every barge projecting into a buoyed or restricted channel.
    (2) Every barge so moored that it reduces the available navigable 
width of any channel to less than 80 meters.
    (3) Barges moored in groups more than two barges wide or to a 
maximum width of over 25 meters.
    (4) Every barge not moored parallel to the bank or dock.
    (b) Barges described in paragraph (a) of this section shall carry 
two unobstructed all-round white lights of an intensity to be visible 
for at least 1 nautical mile and meeting the technical requirements as 
prescribed in Sec. 84.15 of this chapter.
    (c) A barge or group of barges at anchor or made fast to one or more 
mooring buoys or other similar device, in lieu of the provisions of 
Inland Navigation Rule 30, may carry unobstructed all-round white lights 
of an intensity to be visible for at least 1 nautical mile that meet the 
requirements of Sec. 84.15 of this chapter and shall be arranged as 
follows:
    (1) Any barge that projects from a group formation, shall be lighted 
on its outboard corners.
    (2) On a single barge moored in water where other vessels normally 
navigate on both sides of the barge, lights shall be placed to mark the 
corner extremities of the barge.
    (3) On barges moored in group formation, moored in water where other 
vessels normally navigate on both sides of the group, lights shall be 
placed to mark the corner extremities of the group.
    (d) The following are exempt from the requirements of this section:
    (1) A barge or group of barges moored in a slip or slough used 
primarily for mooring purposes.
    (2) A barge or group of barges moored behind a pierhead.
    (3) A barge less than 20 meters in length when moored in a special 
anchorage area designated in accordance with Sec. 109.10 of this 
chapter.
    (e) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this section. These areas are as follows:

                       Chicago Sanitary Ship Canal

(1) Mile 293.2 to 293.9
(3) Mile 295.2 to 296.1
(5) Mile 297.5 to 297.8
(7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
(11) Mile 299.3 to 299.4
(13) Mile 299.8 to 300.5
(15) Mile 303 to 303.2
(17) Mile 303.7 to 303.9
(19) Mile 305.7 to 305.8
(21) Mile 310.7 to 310.9
(23) Mile 311 to 311.2
(25) Mile 312.5 to 312.6
(27) Mile 313.8 to 314.2
(29) Mile 314.6
(31) Mile 314.8 to 315.3
(33) Mile 315.7 to 316
(35) Mile 316.8
(37) Mile 316.85 to 317.05
(39) Mile 317.5
(41) Mile 318.4 to 318.9
(43) Mile 318.7 to 318.8
(45) Mile 320 to 320.3
(47) Mile 320.6
(49) Mile 322.3 to 322.4
(51) Mile 322.8
(53) Mile 322.9 to 327.2

[[Page 222]]

                           Calumet Sag Channel

(61) Mile 316.5

                          Little Calumet River

(71) Mile 321.2
(73) Mile 322.3

                              Calumet River

(81) Mile 328.5 to 328.7
(83) Mile 329.2 to 329.4
(85) Mile 330 west bank to 330.2
(87) Mile 331.4 to 331.6
(89) Mile 332.2 to 332.4
(91) Mile 332.6 to 332.8

                            Cumberland River

(101) Mile 126.8
(103) Mile 191

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 94-011, 63 FR 
5732, Feb. 4, 1998]



Sec. 88.15  Lights on dredge pipelines.

    Dredge pipelines that are floating or supported on trestles shall 
display the following lights at night and in periods of restricted 
visibility.
    (a) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute,
    (2) Visible all around the horizon,
    (3) Visible for at least 2 miles on a clear dark night,
    (4) Not less than 1 and not more than 3.5 meters above the water,
    (5) Approximately equally spaced, and
    (6) Not more than 10 meters apart where the pipeline crosses a 
navigable channel. Where the pipeline does not cross a navigable channel 
the lights must be sufficient in number to clearly show the pipeline's 
length and course.
    (b) Two red lights at each end of the pipeline, including the ends 
in a channel where the pipeline is separated to allow vessels to pass 
(whether open or closed). The lights must be:
    (1) Visible all around the horizon, and
    (2) Visible for at least 2 miles on a clear dark night, and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.



PART 89_INLAND NAVIGATION RULES: IMPLEMENTING RULES--
Table of Contents




             Subpart A_Certificate of Alternative Compliance

Sec. 
89.1 Definitions.
89.3 General.
89.5 Application for a Certificate of Alternative Compliance.
89.9 Certificate of Alternative Compliance: Contents.
89.17 Certificate of Alternative Compliance: Termination.
89.18 Record of certification of vessels of special construction or 
          purpose.

    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply

89.21 Purpose.
89.23 Definitions.
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i) applies.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 80-157, 47 FR 13801, Apr. 1, 1982, unless otherwise 
noted.



             Subpart A_Certificate of Alternative Compliance



Sec. 89.1  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical 
annexes established under that act.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under the Inland Rules prevents or significantly hinders the operation 
in which the vessel is usually engaged.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR 
33876, Aug. 27, 1984]



Sec. 89.3  General.

    Vessels of special construction or purpose which cannot fully comply

[[Page 223]]

with the light, shape, and sound signal provisions of the Inland Rules 
without interfering with their special function may instead meet 
alternative requirements. The Chief of the Marine Safety Division in 
each Coast Guard District Office makes this determination and requires 
that alternative compliance be as close as possible with the Inland 
Rules. These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec. 89.5 and 89.18 have been 
approved by the Office of Management and Budget under OMB control No. 
1625-0019.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]



Sec. 89.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the Inland Rules light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The Inland Rules Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable Inland Navigation Rules Rule or 
Annex section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the Inland 
Rules,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982]



Sec. 89.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with Inland Rules light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes:
    (a) Identification of the vessel as supplied in the application 
under Sec. 89.5(a)(2);
    (b) The provision of the Inland Rules for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the Inland Rules light, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;

[[Page 224]]

    (f) A statement that the required alternative installation is in the 
closest possible compliance with the Inland Rules without interfering 
with the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.



Sec. 89.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 89.5(a) or the Certificate issued under 
Sec. 89.9 is no longer applicable to the vessel.



Sec. 89.18  Record of certification of vessels of special construction or purpose.

    (a) Copies of Certificates of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at the offices of Assistant Commandant for Marine Safety, 
Sec. rity and Environmental Protection, U.S. Coast Guard Headquarters, 
2100 Sec. nd Street SW., Washington, DC 20593-0001.
    (b) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002]



    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply



Sec. 89.21  Purpose.

    Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the 
Great Lakes, and along with 24(i), apply on the ``Western Rivers'' as 
defined in Rule 3(1), and to additional specifically designated waters. 
The purpose of this Subpart is to specify those additional waters upon 
which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply.

[CGD 85-081, 51 FR 4592, Feb. 6, 1986]



Sec. 89.23  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 
et. seq.) and the technical annexes established under that Act.

[CGD 83-028, 49 FR 33876, Aug. 27, 1984]



Sec. 89.25  Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.

    Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, 
the Western Rivers, and the following specified waters:
    (a) Tennessee-Tombigbee Waterway.
    (b) Tombigbee River.
    (c) Black Warrior River.
    (d) Alabama River.
    (e) Coosa River.
    (f) Mobile River above the Cochrane Bridge at St. Louis Point.
    (g) Flint River.
    (h) Chattachoochee River.
    (i) The Apalachicola River above its confluence with the Jackson 
River.

[CGD 91-050, 58 FR 27625, May 10, 1993]



Sec. 89.27  Waters upon which Inland Rule 24(i) applies.

    (a) Inland Rule 24(i) applies on the Western Rivers and the 
specified waters listed in Sec. 89.25 (a) through (i).
    (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway from 
St. Marks, Florida, to the Rio Grande, Texas, including the Morgan City-
Port Allen Alternate Route and the Galveston-Freeport Cutoff, except 
that a power-driven vessel pushing ahead or towing alongside shall 
exhibit the lights required by Inland Rule 24(c), while transiting 
within the following areas:
    (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 
East of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL.
    (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light 
``10'' off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed 
Bridge at Mile 189.1 EHL.

[[Page 225]]

    (3) Mobile Bay and Bon Sec. ur Bay from the Dauphin Island Causeway 
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.
    (4) Mississippi Sound from Grand Island Waterway Light ``1'' at Mile 
53.8 EHL to Light ``40'' off the West Point of Dauphin Island at Mile 
118.7 EHL.
    (5) The Mississippi River at New Orleans, Mississippi River-Gulf 
Outlet Canal and the Inner Harbor Navigation Canal from the junction of 
the Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of 
Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL.
    (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to 
the Ellender Lift Bridge at Mile 243.6 WHL.
    (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL.
    (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL 
to the Galveston Causeway Bridge at Mile 357.3 WHL.
    (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 393.8 
WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL.
    (10) Matagorda Ship Channel area of Matagorda Bay from Range ``K'' 
Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2 
WHL.
    (11) Corpus Christi Bay from Redfish Bay Day Beacon ``55'' at Mile 
537.4 WHL when in the Gulf Intracoastal Waterway main route or from the 
north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal 
Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7 WHL.
    (12) Port Isabel and Brownsville Ship Channel south of the Padre 
Island Causeway Fixed Bridge at Mile 665.1 WHL.

[CGD 91-050, 58 FR 27625, May 10, 1993]



PART 90_INLAND RULES: INTERPRETATIVE RULES--Table of Contents




Sec. 
90.1 Purpose.
90.3 Pushing vessel and vessel being pushed: Composite unit.
90.5 Lights for moored vessels.
90.7 Sidelights for unmanned barges.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 83-011, 48 FR 51622, Nov. 10, 1983, unless otherwise 
noted.



Sec. 90.1  Purpose.

    This part contains the interpretative rules for the Inland Rules. 
These interpretative rules are intended as a guide to assist the public 
and promote compliance with the Inland Rules.



Sec. 90.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the Inland Rules states that when a pushing vessel and 
a vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
prescribed in Rule 23. A ``composite unit'' is interpreted to be the 
combination of a pushing vessel and a vessel being push ahead that are 
rigidly connected by mechanical means so they react to sea and swell as 
one vessel. Mechanical means does not include lines, wires, hawsers, or 
chains.



Sec. 90.5  Lights for moored vessels.

    A vessel at anchor includes a vessel made fast to one or more 
mooring buoys or other similar device attached to the ocean floor. Such 
vessels may be lighted as a vessel at anchor in accordance with Rule 30, 
or may be lighted on the corners in accordance with 33 CFR 88.13.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]



Sec. 90.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements for sidelights.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]

[[Page 227]]

                                  INDEX

                    SUBCHAPTER E_INLAND NAVIGATION RULES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Annex I: Positioning and Technical Details of Lights and Shapes
                                                                 Part 84
Annex II: Additional Signals for Fishing Vessels Fishing in Close 
Proximity
                                                                 Part 85
Annex III: Technical Details of Sound Signal Appliances
                                                                 Part 86
Annex IV: Distress Signals
                                                                 Part 87
Annex V: Pilot Rules
                                                                 Part 88
Application for a Certificate of Alternative Compliance
                                                                    89.5
Approval [Reserved]
                                                            84.25, 86.31

                                 B

Bell or Gong
                                                      Part 86, Subpart B

                                 C

Certificate of Alternative Compliance
                                                      Part 89, Subpart A
Certificate of Alternative Compliance: Contents
                                                                    89.9
Certificate of Alternative Compliance: Termination
                                                                   89.17
Color specifications of lights
                                                                   84.13
Combined whistle systems
                                                                   86.13
Construction
                                                                   86.23
Copy of rules
                                                                   88.05

                                 D

Definitions
                                               84.01, 88.03, 89.1, 89.23
Details of location of direction-indicating lights for fishing 
vessels, dredgers, and vessels engaged in underwater operations
                                                                   84.07
Directional properties
                                                                   86.07

                                 E

Exclusive use
                                                                    87.3

                                 F

Fitting of more than one whistle
                                                                   86.11
Frequencies and range of audibility
                                                                   86.01

                                 H

Horizontal positioning and spacing of lights
                                                                   84.05
Horizontal sectors
                                                                   84.17

[[Page 228]]

                                 I

Inland Navigation Rules: Implementing Rules
                                                                 Part 89
Inland Navigation Rules: Interpretative Rules
                                                                 Part 90
Intensity of lights
                                                                   84.15
Intensity of non-electric lights
                                                                   84.21
Intensity of signal
                                                                   86.21

                                 L

Law enforcement vessels
                                                                   88.11
Lights on barges at bank or dock
                                                                   88.13
Lights on dredge pipelines
                                                                   88.15
Limits of fundamental frequencies
                                                                   86.03

                                 M

Maneuvering light
                                                                   84.23

                                 N

Need of assistance
                                                                    87.1

                                 P

Positioning of whistles
                                                                   86.09
Public safety activities
                                                                   88.12
Purpose and applicability
                                                                   88.01
Pushing vessel and vessel being pushed: Composite unit
                                                                    90.3

                                 R

Record of certification of vessels of special construction or 
purpose
                                                                   89.18

                                 S

Screens
                                                                   84.09
Shapes
                                                                   84.11
Signal for purse seiners
                                                                    85.5
Signal for trawlers
                                                                    85.3
Sound signal intensity and range of audibility
                                                                   86.05
Supplemental signals
                                                                    87.5

                                 T

Temporary exemption from light and shape requirements when 
operating under bridges
                                                                   88.09
Towing vessel whistles
                                                                   86.15

                                 V

Vertical positioning and spacing of lights
                                                                   84.03
Vertical sectors
                                                                   84.19

                                 W

Waters Upon Which Certain Inland Navigation Rules Apply
                                                            89.25, 89.27
Whistles
                                                       Part 86-subpart A

[[Page 229]]



                SUBCHAPTER F_VESSEL OPERATING REGULATIONS





PART 95_OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL 
OR A DANGEROUS DRUG--Table of Contents




Sec. 
95.001 Purpose.
95.005 Applicability.
95.010 Definition of terms as used in this part.
95.015 Operating a vessel.
95.020 Standard for under the influence of alcohol or a dangerous drug.
95.025 Adoption of State blood alcohol concentration levels.
95.030 Evidence of under the influence of alcohol or a dangerous drug.
95.035 Reasonable cause for directing a chemical test.
95.040 Refusal to submit to testing.
95.045 General operating rules for vessels inspected, or subject to 
          inspection, under Chapter 33 of Title 46 United States Code.
95.050 Responsibility for compliance.

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland 
Sec. rity Delegation No. 0170.

    Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise 
noted.



Sec. 95.001  Purpose.

    (a) The purpose of this part is to establish under the influence of 
alcohol or a dangerous drug standards under 46 U.S.C. 2302 and to 
prescribe restrictions and responsibilities for personnel on vessels 
inspected, or subject to inspection, under Chapter 33 of Title 46 United 
States Code. This part does not pre-empt enforcement by a State of its 
applicable laws and regulations concerning operating a recreational 
vessel while under the influence of alcohol or a dangerous drug.
    (b) Nothing in this part shall be construed as limiting the 
authority of a vessel's marine employer to limit or prohibit the use or 
possession of alcohol on board a vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.005  Applicability.

    (a) This part is applicable to a vessel (except those excluded by 46 
U.S.C. 2109) operated on waters subject to the jurisdiction of the 
United States, and to a vessel owned in the United States on the high 
seas. This includes a foreign vessel operated on waters subject to the 
jurisdiction of the United States.
    (b) This part is also applicable at all times to vessels inspected, 
or subject to inspection, under Chapter 33 of Title 46 United States 
Code.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 13117, Apr. 
21, 1988]



Sec. 95.010  Definition of terms as used in this part.

    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    Blood alcohol concentration level means a certain percentage of 
alcohol in the blood.
    Chemical test means a test which analyzes an individual's breath, 
blood, urine, saliva and/or other bodily fluids or tissues for evidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21 U.S.C. 802 
and includes all substances listed on Schedules I through V as they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has known mind or 
function-altering effects on a person, specifically including any 
psychoactive substance, and including, but not limited to, controlled 
substances.
    Intoxicant means any form of alcohol, drug or combination thereof.
    Law enforcement officer means a Coast Guard commissioned, warrant, 
or petty officer; or any other law enforcement officer authorized to 
obtain a chemical test under Federal, State, or local law.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.
    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.

[[Page 230]]

    State means a State or Territory of the United States of America 
including but not limited to a State of the United States, American 
Samoa, the Commonwealth of the Northern Marianas Islands, District of 
Columbia, Guam, Puerto Rico, and the United States Virgin Islands.
    Under the influence means impaired or intoxicated by a drug or 
alcohol as a matter of law.
    Underway means that a vessel is not at anchor, or made fast to the 
shore, or aground.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United States; and, any vessel owned by a 
citizen of the United States that is not documented or numbered by any 
nation.
    Waters subject to the jurisdiction of the United States means those 
waters described in Sec. 2.38 of this chapter.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec. 95.015  Operating a vessel.

    For purposes of this part, an individual is considered to be 
operating a vessel when:
    (a) The individual has an essential role in the operation of a 
recreational vessel underway, including but not limited to navigation of 
the vessel or control of the vessel's propulsion system.
    (b) The individual is a crewmember (including a licensed 
individual), pilot, or watchstander not a regular member of the crew, of 
a vessel other than a recreational vessel.



Sec. 95.020  Standard for under the influence of alcohol or a dangerous drug.

    An individual is under the influence of alcohol or a dangerous drug 
when:
    (a) The individual is operating a recreational vessel and has a 
Blood Alcohol Concentration (BAC) level of .08 percent or more, by 
weight, in their blood;
    (b) The individual is operating a vessel other than a recreational 
vessel and has an alcohol concentration of .04 percent by weight or more 
in their blood; or,
    (c) The individual is operating any vessel and the effect of the 
intoxicant(s) consumed by the individual on the person's manner, 
disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]



Sec. 95.025  Adoption of State blood alcohol concentration levels.

    (a) This section applies to operators of recreational vessels on 
waters within the geographical boundaries of any State that has 
established by statute a blood alcohol concentration level for purposes 
of determining whether a person is operating a vessel under the 
influence of alcohol.
    (b) If the applicable State statute establishes a blood alcohol 
concentration level at which a person is considered or presumed to be 
under the influence of alcohol, then that level applies within the 
geographical boundaries of that State instead of the level provided in 
Sec. 95.020(a) of this part.
    (c) For the purposes of this part, a standard established by State 
statute and adopted under this section is applicable to the operation of 
any recreational vessel on waters within the geographical boundaries of 
the State.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.030  Evidence of under the influence of alcohol or a dangerous drug.

    Acceptable evidence of when a vessel operator is under the influence 
of alcohol or a dangerous drug includes, but is not limited to:
    (a) Personal observation of an individual's manner, disposition, 
speech, muscular movement, general appearance, or behavior; or,
    (b) A chemical test.

[CGD 84-099, 53 FR 13117, April 21, 1988; CGD 84-009, 53 FR 13117, Apr. 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]

[[Page 231]]



Sec. 95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may direct 
an individual operating a vessel to undergo a chemical test when 
reasonable cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of a 
marine casualty as defined in Chapter 61 of Title 46, United States 
Code, or
    (2) The individual is suspected of being in violation of the 
standards in Sec. Sec. 95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, the 
individual to be tested must be informed of that fact and directed to 
undergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base a determination 
of the existence of reasonable cause, under paragraph (a)(2) of this 
section, on observation by two persons.

[CGD 84-099, FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 1, 
1988]



Sec. 95.040  Refusal to submit to testing.

    (a) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by a law 
enforcement officer based on reasonable cause, evidence of the refusal 
is admissible in evidence in any administrative proceeding and the 
individual will be presumed to be under the influence of alcohol or a 
dangerous drug.
    (b) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by the marine 
employer based on reasonable cause, evidence of the refusal is 
admissible in evidence in any administrative proceeding.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec. 95.045  General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.

    While on board a vessel inspected, or subject to inspection, under 
Chapter 33 of Title 46 United States Code, a crewmember (including a 
licensed individual), pilot, or watchstander not a regular member of the 
crew:
    (a) Shall not perform or attempt to perform any scheduled duties 
within four hours of consuming any alcohol;
    (b) Shall not be intoxicated at any time;
    (c) Shall not consume any intoxicant while on watch or duty; and
    (d) May consume a legal non-prescription or prescription drug 
provided the drug does not cause the individual to be intoxicated.



Sec. 95.050  Responsibility for compliance.

    (a) The marine employer shall exercise due diligence to assure 
compliance with the applicable provisions of this part.
    (b) If the marine employer has reason to believe that an individual 
is intoxicated, the marine employer shall not allow that individual to 
stand watch or perform other duties.



PART 96_RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY 
MANAGEMENT SYSTEMS--Table of Contents




                            Subpart A_General

Sec. 
96.100 Purpose.
96.110 Who does this subpart apply to?
96.120 Definitions.
96.130 Incorporation by reference.

         Subpart B_Company and Vessel Safety Management Systems

96.200 Purpose.
96.210 Who does this subpart apply to?
96.220 What makes up a safety management system?
96.230 What objectives must a safety management system meet?
96.240 What functional requirements must a safety management system 
          meet?
96.250 What documents and reports must a safety management system have?

    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?

96.300 Purpose.
96.310 Who does this subpart apply to?
96.320 What is involved to complete a safety management audit and when 
          is it required to be completed?
96.330 Document of Compliance certificate: what is it and when is it 
          needed?
96.340 Safety Management Certificate: what is it and when is it needed?

[[Page 232]]

96.350 Interim Document of Compliance certificate: what is it and when 
          can it be used?
96.360 Interim Safety Management Certificate: what is it and when can it 
          be used?
96.370 What are the requirements for vessels of countries not party to 
          Chapter IX of SOLAS?
96.380 How will the Coast Guard handle compliance and enforcement of 
          these regulations?
96.390 When will the Coast Guard deny entry into a U.S. port?

Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.

96.400 Purpose.
96.410 Who does this regulation apply to?
96.420 What authority may an organization ask for under this regulation?
96.430 How does an organization submit a request to be authorized?
96.440 How will the Coast Guard decide whether to approve an 
          organization's request to be authorized?
96.450 What happens if the Coast Guard disapproves an organization's 
          request to be authorized?
96.460 How will I know what the Coast Guard requires of my organization 
          if my organization receives authorization?
96.470 How does the Coast Guard terminate an organization's 
          authorization?
96.480 What is the status of a certificate if the issuing organization 
          has its authority terminated?
96.490 What further obligations exist for my organization if the Coast 
          Guard terminates its authorization?
96.495 How can I appeal a decision made by an authorized organization?

    Authority: 46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C. 3316, 
33 U.S.C. 1231; 49 CFR 1.45, 49 CFR 1.46.

    Source: CGD 95-073, 62 FR 67506, Dec. 24, 1997, unless otherwise 
noted.



                            Subpart A_General



Sec. 96.100  Purpose.

    This subpart implements Chapter IX of the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, International Management 
Code for the Safe Operation of Ships and for Pollution Prevention 
(International Safety Management (ISM) Code), as required by 46 U.S.C. 
Chapter 32.

    Note: Chapter IX of SOLAS is available from the International 
Maritime Organization, Publication Sec. ion, 4 Albert Embankment, London, 
SE1 75R, United Kingdom, Telex 23588. Please include document reference 
number ``IMO-190E'' in your request.



Sec. 96.110  Who does this subpart apply to?

    This subpart applies to you if--
    (a) You are a responsible person who owns a U.S. vessel(s) and must 
comply with Chapter IX of SOLAS;
    (b) You are a responsible person who owns a U.S. vessel(s) that is 
not required to comply with Chapter IX of SOLAS, but requests 
application of this subpart;
    (c) You are a responsible person who owns a foreign vessel(s) 
engaged on a foreign voyage, bound for ports or places under the 
jurisdiction of the U.S., which must comply with Chapter IX of SOLAS; or
    (d) You are a recognized organization applying for authorization to 
act on behalf of the U.S. to conduct safety management audits and issue 
international convention certificates.



Sec. 96.120  Definitions.

    (a) Unless otherwise stated in this section, the definitions in 
Chapter IX, Regulation 1 of the International Convention for the Safety 
of Life at Sea (SOLAS) apply to this part.
    (b) As used in this part--
    Administration means the Government of the State whose flag the ship 
is entitled to fly.
    Authorized Organization Acting on behalf of the U.S. means an 
organization that is recognized by the Commandant of the U.S. Coast 
Guard under the minimum standards of subparts A and B of 46 CFR part 8, 
and has been authorized under this section to conduct certain actions 
and certifications on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guard officer as 
described in 33 CFR 6.01-3, commanding a Captain of the Port zone 
described in 33 CFR part 3, or that person's authorized representative.
    Commandant means the Commandant, U.S. Coast Guard.
    Company means the owner of a vessel, or any other organization or 
person such as the manager or the bareboat charterer of a vessel, who 
has assumed the responsibility for operation of the vessel from the 
shipowner and who on

[[Page 233]]

assuming responsibility has agreed to take over all the duties and 
responsibilities imposed by this part or the ISM Code.
    Designated person means a person or persons designated in writing by 
the responsible person who monitors the safety management system of the 
company and vessel and has:
    (1) Direct access to communicate with the highest levels of the 
company and with all management levels ashore and aboard the company's 
vessel(s);
    (2) Responsibility to monitor the safety and environmental aspects 
of the operation of each vessel; and
    (3) Responsibility to ensure there are adequate support and shore-
based resources for vessel(s) operations.
    Document of Compliance means a certificate issued to a company or 
responsible person that complies with the requirements of this part or 
the ISM Code.
    International Safety Management (ISM) Code means the International 
Management Code for the Safe Operation of Ships and Pollution 
Prevention, Chapter IX of the Annex to the International Convention for 
the Safety of Life at Sea (SOLAS), 1974.
    Non-conformity means an observed situation where objective evidence 
indicates the non-fulfillment of a specified requirement.
    Major non-conformity means an identifiable deviation which poses a 
serious threat to personnel or vessel safety or a serious risk to the 
environment and requires immediate corrective action; in addition, the 
lack of effective and systematic implementation of a requirement of the 
ISM Code is also considered a major non-conformity.
    Objective Evidence means quantitative or qualitative information, 
records or statements of fact pertaining to safety or to the existence 
and implementation of a safety management system element, which is based 
on observation, measurement or test and which can be verified.
    Officer In Charge, Marine Inspection (OCMI) means the U.S. Coast 
Guard officer as described in 46 CFR 1.01-15(b), in charge of an 
inspection zone described in 33 CFR part 3, or that person's authorized 
representative.
    Recognized organization means an organization which has applied and 
been recognized by the Commandant of the Coast Guard to meet the minimum 
standards of 46 CFR part 8, subparts A and B.
    Responsible person means--
    (1) The owner of a vessel to whom this part applies, or
    (2) Any other person that--
    (i) has assumed the responsibility from the owner for operation of 
the vessel to which this part applies; and
    (ii) agreed to assume, with respect to the vessel, responsibility 
for complying with all the requirements of this part.
    (3) A responsible person may be a company, firm, corporation, 
association, partnership or individual.
    Safety management audit means a systematic and independent 
examination to determine whether the safety management system activities 
and related results comply with planned arrangements and whether these 
arrangements are implemented effectively and are suitable to achieve 
objectives.
    Safety Management Certificate means a document issued to a vessel 
which signifies that the responsible person or its company, and the 
vessel's shipboard management operate in accordance with the approved 
safety management system.
    Safety Management System means a structured and documented system 
enabling Company and vessel personnel to effectively implement the 
responsible person's safety and environmental protection policies.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.
    Vessel engaged on a foreign voyage means a vessel to which this part 
applies that is--
    (1) Arriving at a place under the jurisdiction of the United States 
from a place in a foreign country;
    (2) Making a voyage between places outside the United States; or
    (3) Departing from a place under the jurisdiction of the United 
States for a place in a foreign country.



Sec. 96.130  Incorporation by reference.

    (a) The Director of the Federal Register approves certain material 
that is

[[Page 234]]

incorporated by reference into this subpart under 5 U.S.C. 552(a) and 1 
CFR part 51. To enforce any edition other than that specified in 
paragraph (b) of this section, the Coast Guard must publish notice of 
the change in the Federal Register and the material must be available to 
the public. You may inspect all material at the U.S. Coast Guard, Office 
of Design and Engineering Standards (G-MSE), 2100 Sec. nd St., SW., 
Washington, DC 20593-0001, or at the National Archives and Records 
Administration (NARA), and receive it from the source listed in 
paragraph (b) of this section. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (b) The material approved for incorporation by reference in this 
subpart and the sections affected are as follows:

American National Standards Institute (ANSI)--11 West 42nd St., New 
          York, NY 10036.

    ANSI/ASQC Q9001-1994, Quality Systems--Model for Quality Assurance 
in Design, Development, Production, Installation, and Servicing, 1994--
96.430

International Maritime Organization IMO--4 Albert Embankment, London, 
          SE1 7SR, United Kingdom.

    Resolution A.741(18), International Management Code for the Safe 
Operation of Ships and for Pollution Prevention, November 4, 1993--
96.220, 96.370
    Resolution A.788 (19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations, November 
23, 1995--96.320, 96.440
    Resolution A.739(18), Guidelines for the Authorization of 
Organizations Acting on Behalf of the Administration, November 4, 1993--
96.440

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended at 69 FR 18803, Apr. 
9, 2004]



         Subpart B_Company and Vessel Safety Management Systems



Sec. 96.200  Purpose.

    This subpart establishes the minimum standards that the safety 
management system of a company and its U.S. flag vessel(s) must meet for 
certification to comply with the requirements of 46 U.S.C. 3201-3205 and 
Chapter IX of SOLAS, 1974. It also permits companies with U.S. flag 
vessels that are not required to comply with this part to voluntarily 
develop safety management systems which can be certificated to standards 
consistent with Chapter IX of SOLAS.



Sec. 96.210  Who does this subpart apply to?

    (a) This subpart applies--
    (1) To a responsible person who owns or operates a U.S. vessel(s) 
engaged on a foreign voyage which meet the conditions of paragraph 
(a)(2) of this section;
    (2) To all U.S. vessels engaged on a foreign voyage that are--
    (i) A vessel transporting more than 12 passengers; or
    (ii) A tanker, a bulk freight vessel, a freight vessel or a self-
propelled mobile offshore drilling unit (MODU) of 500 gross tons or 
more; and
    (3) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS.
    (b) This subpart does not apply to--
    (1) A barge;
    (2) A recreational vessel not engaged in commercial service;
    (3) A fishing vessel;
    (4) A vessel operating only on the Great Lakes or its tributary and 
connecting waters; or
    (5) A public vessel, which includes a U.S. vessel of the National 
Defense Reserve Fleet owned by the U.S. Maritime Administration and 
operated in non-commercial service.
    (c) Any responsible person and their company who owns and operates a 
U.S. flag vessel(s) which does not meet the conditions of paragraph (a), 
may voluntarily meet the standards of this part and Chapter IX of SOLAS 
and have their safety management systems certificated.
    (d) The compliance date for the requirements of this part are--
    (1) On or after July 1, 1998, for--
    (i) Vessels transporting more than 12 passengers engaged on a 
foreign voyage; or
    (ii) Tankers, bulk freight vessels, or high speed freight vessels of 
at least 500 gross tons or more, engaged on a foreign voyage.

[[Page 235]]

    (2) On or after July 1, 2002, for other freight vessels and self-
propelled mobile offshore drilling units (MODUs) of at least 500 gross 
tons or more, engaged on a foreign voyage.



Sec. 96.220  What makes up a safety management system?

    (a) The safety management system must document the responsible 
person's--
    (1) Safety and pollution prevention policy;
    (2) Functional safety and operational requirements;
    (3) Recordkeeping responsibilities; and
    (4) Reporting responsibilities.
    (b) A safety management system must also be consistent with the 
functional standards and performance elements of IMO Resolution 
A.741(18).



Sec. 96.230  What objectives must a safety management system meet?

    The safety management system must:
    (a) Provide for safe practices in vessel operation and a safe work 
environment onboard the type of vessel the system is developed for;
    (b) Establish and implement safeguards against all identified risks;
    (c) Establish and implement actions to continuously improve safety 
management skills of personnel ashore and aboard vessels, including 
preparation for emergencies related to both safety and environmental 
protection; and
    (d) Ensure compliance with mandatory rules and regulations, taking 
into account relevant national and international regulations, standards, 
codes and maritime industry guidelines, when developing procedures and 
policies for the safety management system.



Sec. 96.240  What functional requirements must a safety management system meet?

    The functional requirements of a safety management system must 
include--
    (a) A written statement from the responsible person stating the 
company's safety and environmental protection policy;
    (b) Instructions and procedures to provide direction for the safe 
operation of the vessel and protection of the environment in compliance 
with the applicable U.S. Code of Federal Regulations, and international 
conventions to which the U.S. is a party (SOLAS, MARPOL, etc.);
    (c) Documents showing the levels of authority and lines of 
communication between shoreside and shipboard personnel;
    (d) Procedures for reporting accidents, near accidents, and non-
conformities with provisions of the company's and vessel's safety 
management system, and the ISM Code;
    (e) Procedures to prepare for and respond to emergency situations by 
shoreside and shipboard personnel;
    (f) Procedures for internal audits on the operation of the company 
and vessel(s) safety management system; and
    (g) Procedures and processes for management review of company 
internal audit reports and correction of non-conformities that are 
reported by these or other reports.



Sec. 96.250  What documents and reports must a safety management system have?

    The documents and reports required for a safety management system 
under Sec. 96.330 or Sec. 96.340 must include the written documents 
and reports itemized in Table 96.250. These documents and reports must 
be available to the company's shore-based and vessel(s)-based personnel:

      Table 96.250--Safety Management System Documents and Reports
------------------------------------------------------------------------
     Type of documents and reports            Specific requirements
------------------------------------------------------------------------
(a) Safety and environmental policy      (1) Meet the objectives of Sec. 
 statements.                                96.230; and
                                         (2) Are carried out and kept
                                          current at all levels of the
                                          company;

[[Page 236]]

 
(b) Company responsibilities and         (1) The owners name and details
 authority statements.                    of responsibility for
                                          operation of the company and
                                          vessel(s);
                                         (2) Name of the person
                                          responsible for operation of
                                          the company and vessel(s), if
                                          not the owner;
                                         (3) Responsibility, authority
                                          and interrelations of all
                                          personnel who manage, perform,
                                          and verify work relating to
                                          and affecting the safety and
                                          pollution prevention
                                          operations of the company and
                                          vessel(s); and
                                         (4) A statement describing the
                                          company's responsibility to
                                          ensure adequate resources and
                                          shore-based support are
                                          provided to enable the
                                          designated person or persons
                                          to carry out the
                                          responsibilities of this
                                          subpart.
(c) Designation in writing of a person   (1) Have direct access to
 or persons to monitor the safety         communicate with the highest
 management system for the company and    levels of the company and with
 vessel(s).                               all management levels ashore
                                          and aboard the company's
                                          vessel(s);
                                         (2) Have the written
                                          responsibility to monitor the
                                          safety and environmental
                                          aspects of the operation of
                                          each vessel; and
                                         (3) Have the written
                                          responsibility to ensure there
                                          are adequate support and shore-
                                          based resources for vessel(s)
                                          operations.
(d) Written statements that define the   (1) Carry out the company's
 Master's responsibilities and            safety and environmental
 authorities.                             policies;
                                         (2) Motivate the vessel's crew
                                          to observe the safety
                                          management system policies;
                                         (3) Issue orders and
                                          instructions in a clear and
                                          simple manner;
                                         (4) Make sure that specific
                                          requirements are carried out
                                          by the vessel's crew and shore-
                                          based resources; and
                                         (5) Review the safety
                                          management system and report
                                          non-conformities to shore-
                                          based management.
(e) Written statements that the Master   (1) Ability to make decisions
 has overriding responsibility and        about safety and environmental
 authority to make vessel decisions.      pollution; and
                                         (2) Ability to request the
                                          company's help when necessary.
(f) Personnel procedures and resources   (1) Masters of vessels are
 which are available ashore and aboard    properly qualified for
 ship..                                   command;
                                         (2) Masters of vessels know the
                                          company's safety management
                                          system;
                                         (3) Owners or companies provide
                                          the necessary support so that
                                          the Master's duties can be
                                          safely performed;
                                         (4) Each vessel is properly
                                          crewed with qualified,
                                          certificated and medically fit
                                          seafarers complying with
                                          national and international
                                          requirements;
                                         (5) New personnel and personnel
                                          transferred to new assignments
                                          involving safety and
                                          protection of the environment
                                          are properly introduced to
                                          their duties;
                                         (6) Personnel involved with the
                                          company's safety management
                                          system have an adequate
                                          understanding of the relevant
                                          rules, regulations, codes and
                                          guidelines;
                                         (7) Needed training is
                                          identified to support the
                                          safety management system and
                                          ensure that the training is
                                          provided for all personnel
                                          concerned;
                                         (8) Communication of relevant
                                          procedures for the vessel's
                                          personnel involved with the
                                          safety management system is in
                                          the language(s) understood by
                                          them; and
                                         (9) Personnel are able to
                                          communicate effectively when
                                          carrying out their duties as
                                          related to the safety
                                          management system.
(g) Vessel safety and pollution          (1) Define tasks; and
 prevention operation plans and          (2) Assign qualified personnel
 instructions for key shipboard           to specific tasks.
 operations..
(h) Emergency preparedness procedures..  (1) Identify, describe and
                                          direct response to potential
                                          emergency shipboard
                                          situations;
                                         (2) Set up programs for drills
                                          and exercises to prepare for
                                          emergency actions; and
                                         (3) Make sure that the
                                          company's organization can
                                          respond at anytime, to
                                          hazards, accidents and
                                          emergency situations involving
                                          their vessel(s).
(i) Reporting procedures on required     (1) Report non-conformities of
 actions..                                the safety management system;
                                         (2) Report accidents;
                                         (3) Report hazardous situations
                                          to the owner or company; and
                                         (4) Make sure reported items
                                          are investigated and analyzed
                                          with the objective of
                                          improving safety and pollution
                                          prevention.

[[Page 237]]

 
(j) Vessel maintenance procedures.       (1) Inspect vessel's equipment,
 (These procedures verify that a          hull, and machinery at
 company's vessel(s) is maintained in     appropriate intervals;
 conformity with the provisions of       (2) Report any non-conformity
 relevant rules and regulations, with     or deficiency with its
 any additional requirements which may    possible cause, if known;
 be established by the company.).        (3) Take appropriate corrective
                                          actions;
                                         (4) Keep records of these
                                          activities;
                                         (5) Identify specific equipment
                                          and technical systems that may
                                          result in a hazardous
                                          situation if a sudden
                                          operational failure occurs;
                                         (6) Identify measures that
                                          promote the reliability of the
                                          equipment and technical
                                          systems identified in
                                          paragraph (j)(5), and
                                          regularly test standby
                                          arrangements and equipment or
                                          technical systems not in
                                          continuous use; and
                                         (7) Include the inspections
                                          required by this section into
                                          the vessel's operational
                                          maintenance routine.
(k) Safety management system document    (1) Procedures which establish
 and data maintenance.                    and maintain control of all
                                          documents and data relevant to
                                          the safety management system.
                                         (2) Documents are available at
                                          all relevant locations, i.e.,
                                          each vessel carries on board
                                          all documents relevant to that
                                          vessels operation;
                                         (3) Changes to documents are
                                          reviewed and approved by
                                          authorized personnel; and
                                         (4) Outdated documents are
                                          promptly removed.
(l) Safety management system internal    (1) Periodic evaluation of the
 audits which verify the safety and       safety management system's
 pollution prevention activities.         efficiency and review of the
                                          system in accordance with the
                                          established procedures of the
                                          company, when needed;
                                         (2) Types and frequency of
                                          internal audits, when they are
                                          required, how they are
                                          reported, and possible
                                          corrective actions, if
                                          necessary;
                                         (3) Determining factors for the
                                          selection of personnel,
                                          independent of the area being
                                          audited, to complete internal
                                          company and vessel audits; and
                                         (4) Communication and reporting
                                          of internal audit findings for
                                          critical management review and
                                          to ensure management personnel
                                          of the area audited take
                                          timely and corrective action
                                          on non-conformities or
                                          deficiencies found.
------------------------------------------------------------------------
Note: The documents and reports required by this part are for the
  purpose of promoting safety of life and property at sea, as well as
  protection of the environment. The documents and reports are intended
  to ensure the communication and understanding of company and vessel
  safety management systems, which will allow a measure of the systems
  effectiveness and its responsible person to continuously improve the
  system and safety the system provides.



    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?



Sec. 96.300  Purpose.

    This subpart establishes the standards for the responsible person of 
a company and its vessel(s) to obtain the required and voluntary, 
national and international certification for the company's and vessel's 
safety management system.



Sec. 96.310  Who does this subpart apply to?

    This subpart applies:
    (a) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and engaged on a foreign voyage(s), or holds certificates or 
endorsement of such voyages;
    (b) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and volunteer to meet the standards of this part and Chapter 
IX of SOLAS;
    (c) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS; or
    (d) If you are a recognized organization authorized by the U.S. to 
complete safety management audits and certification required by this 
part.



Sec. 96.320  What is involved to complete a safety management audit and when is it required to be completed?

    (a) A safety management audit is any of the following:
    (1) An initial audit which is carried out before a Document of 
Compliance

[[Page 238]]

certificate or a Safety Management Certificate is issued;
    (2) A renewal audit which is carried out before the renewal of a 
Document of Compliance certificate or a Safety Management Certificate;
    (3) Periodic audits including--
    (i) An annual verification audit, as described in Sec. 96.330(f) of 
this part, and
    (ii) An intermediate verification audit, as described in Sec. 
96.340(e)(2) of this part.
    (b) A satisfactory audit means that the auditor(s) agrees that the 
requirements of this part are met, based on review and verification of 
the procedures and documents that make up the safety management system.
    (c) Actions required during safety management audits for a company 
and their U.S. vessel(s) are--
    (1) Review and verify the procedures and documents that make up a 
safety management system, as defined in subpart B of this part.
    (2) Make sure the audit complies with this subpart and is consistent 
with IMO Resolution A.788(19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations.
    (3) Make sure the audit is carried out by a team of Coast Guard 
auditors or auditors assigned by a recognized organization authorized to 
complete such actions by subpart D of this part.
    (d) Safety management audits for a company and their U.S. vessel(s) 
are required--
    (1) Before issuing or renewing a Document of Compliance certificate, 
and to keep a Document of Compliance certificate valid, as described in 
Sec. Sec. 96.330 and 96.340 of this part.
    (2) Before issuing or renewing a Safety Management Certificate, and 
to maintain the validity of a Safety Management Certificate, as 
described in Sec. 96.340 of this part.


However, any safety management audit for the purpose of verifying a 
vessel's safety management system will not be scheduled or conducted for 
a company's U.S. vessel unless the company first has undergone a safety 
management audit of the company's safety management system, and has 
received its Document of Compliance certificate.
    (e) Requests for all safety management audits for a company and its 
U.S. vessel(s) must be communicated--
    (1) By a responsible person directly to a recognized organization 
authorized by the U.S.
    (2) By a responsible person within the time limits for an annual 
verification audit, described in Sec. 96.330(f) of this part, and for 
an intermediate verification audit, described in Sec. 96.340(e)(2) of 
this part. If he or she does not make a request for a safety management 
annual or verification audit for a valid Document of Compliance 
certificate issued to a company or a valid Safety Management Certificate 
issued to a vessel, this is cause for the Coast Guard to revoke the 
certificate as described in Sec. Sec. 96.330 and 96.340 of this part.
    (f) If a non-conformity with a safety management system is found 
during an audit, it must be reported in writing by the auditor:
    (1) For a company's safety management system audit, to the company's 
owner; and
    (2) For a vessel's safety management system audit, to the company's 
owner and vessel's Master.



Sec. 96.330  Document of Compliance certificate: what is it and when is it needed?

    (a) You must hold a valid Document of Compliance certificate if you 
are the responsible person who, or company which, owns a U.S. vessel 
engaged on foreign voyages, carrying more than 12 passengers, or is a 
tanker, bulk freight vessel, freight vessel, or a self-propelled mobile 
offshore drilling unit of 500 gross tons or more.
    (b) You may voluntarily hold a valid Document of Compliance 
certificate, if you are a responsible person who, or a company which, 
owns a U.S. vessel not included in paragraph (a) of this section.
    (c) You will be issued a Document of Compliance certificate only 
after you complete a satisfactory safety management audit as described 
in Sec. 96.320 of this part.
    (d) All U.S. and foreign vessels that carry more than 12 passengers 
or a tanker, bulk freight vessel, freight vessel, or a self-propelled 
mobile offshore

[[Page 239]]

drilling unit of 500 gross tons or more, must carry a valid copy of the 
company's Document of Compliance certificate onboard when on a foreign 
voyage.
    (e) A valid Document of Compliance certificate covers the type of 
vessel(s) on which a company's safety management system initial safety 
management audit was based. The validity of the Document of Compliance 
certificate may be extended to cover additional types of vessels after a 
satisfactory safety management audit is completed on the company's 
safety management system which includes those additional vessel types.
    (f) A Document of Compliance certificate is valid for 60 months. The 
company's safety management system must be verified annually by the 
Coast Guard or by an authorized organization acting on behalf of the 
U.S. through a safety management verification audit, within three months 
before or after the certificate's anniversary date.
    (g) Only the Coast Guard may revoke a Document of Compliance 
certificate from a company which owns a U.S. vessel. The Document of 
Compliance certificate may be revoked if--
    (1) The annual safety management audit and system verification 
required by paragraph (f) of this section is not completed by the 
responsible person; or
    (2) Major non-conformities are found in the company's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the company or responsible person.
    (3) The Coast Guard or an authorized organization acting on its 
behalf is denied, or restricted access to, any vessel, record or 
personnel of the company, at any time necessary to evaluate the safety 
management system.
    (h) When a company's valid Document of Compliance certificate is 
revoked by the Coast Guard, a satisfactory safety management audit must 
be completed before a new Document of Compliance certificate for the 
company's safety management system can be reissued.



Sec. 96.340  Safety Management Certificate: what is it and when is it needed?

    (a) Your U.S. vessel engaged on a foreign voyage must hold a valid 
Safety Management Certificate if it carries more than 12 passengers, or 
if it is a tanker, bulk freight vessel, freight vessel, or a self-
propelled mobile offshore drilling unit of 500 gross tons or more.
    (b) Your U.S. vessel may voluntarily hold a valid Safety Management 
Certificate even if your vessel is not required to by paragraph (a) of 
this section.
    (c) Your U.S. vessel may only be issued a Safety Management 
Certificate or have it renewed when your company holds a valid Document 
of Compliance certificate issued under Sec. 96.330 of this part and the 
vessel has completed a satisfactory safety management audit of the 
vessel's safety management system set out in Sec. 96.320 of this part.
    (d) A copy of your vessel's valid Safety Management Certificate must 
be on board all U.S. and foreign vessels which carry more than 12 
passengers, and must be on board a tanker, bulk freight vessel, freight 
vessel, or a self-propelled mobile offshore drilling unit of 500 gross 
tons or more, when engaged on foreign voyages or within U.S. waters.
    (e) A Safety Management Certificate is valid for 60 months. The 
validity of the Safety Management Certificate is based on--
    (1) A satisfactory initial safety management audit;
    (2) A satisfactory intermediate verification audit requested by the 
vessel's responsible person, completed between the 24th and 36th month 
of the certificate's period of validity; and
    (3) A vessel's company holding a valid Document of Compliance 
certificate. When a company's Document of Compliance certificate expires 
or is revoked, the Safety Management Certificate for the company-owned 
vessel(s) is invalid.
    (f) Renewal of a Safety Management Certificate requires the 
completion of a satisfactory safety management system audit which meets 
all of the requirements of subpart B in this part. A

[[Page 240]]

renewal of a Safety Management Certificate cannot be started unless the 
company which owns the vessel holds a valid Document of Compliance 
certificate.
    (g) Only the Coast Guard may revoke a Safety Management Certificate 
from a U.S. vessel. The Safety Management Certificate will be revoked 
if--
    (1) The vessel's responsible person has not completed an 
intermediate safety management audit required by paragraph (e)(2) of 
this section; or
    (2) Major non-conformities are found in the vessel's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the vessel's responsible person.

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 96.350  Interim Document of Compliance certificate: what is it and when can it be used?

    (a) An Interim Document of Compliance certificate may be issued to 
help set up a company's safety management system when--
    (1) A company is newly set up or in transition from an existing 
company into a new company; or
    (2) A new type of vessel is added to an existing safety management 
system and Document of Compliance certificate for a company.
    (b) A responsible person for a company operating a U.S. vessel(s) 
that meets the requirements of paragraph (a) of this section, may send a 
request to a recognized organization authorized to act on behalf of the 
U.S. to receive an Interim Document of Compliance certificate that is 
valid for a period up to 12 months. To be issued the Interim Document of 
Compliance certificate the vessel's company must--
    (1) Demonstrate to an auditor that the company has a safety 
management system that meets Sec. 96.230 of this part; and
    (2) Provide a plan for full implementation of a safety management 
system within the period that the Interim Document of Compliance 
certificate is valid.



Sec. 96.360  Interim Safety Management Certificate: what is it and when can it be used?

    (a) A responsible person may apply for an Interim Safety Management 
Certificate when--
    (1) A responsible person takes delivery of a new U.S. vessel; or
    (2) Takes responsibility for the management of a U.S. vessel which 
is new to the responsible person or their company.
    (b) An Interim Safety Management Certificate is valid for 6 months. 
It may be issued to a U.S. vessel which meets the conditions of 
paragraph (a) of this section, when--
    (1) The company's valid Document of Compliance certificate or 
Interim Document of Compliance certificate applies to that vessel type;
    (2) The company's safety management system for the vessel includes 
the key elements of a safety management system, set out in Sec. 96.220, 
applicable to this new type of vessel;
    (3) The company's safety management system has been assessed during 
the safety management audit to issue the Document of Compliance 
certificate or demonstrated for the issuance of the Interim Document of 
Compliance certificate;
    (4) The Master and senior officers of the vessel are familiar with 
the safety management system and the planned set up arrangements;
    (5) Written documented instructions have been extracted from the 
safety management system and given to the vessel prior to sailing;
    (6) The company plans an internal audit of the vessel within three 
months; and
    (7) The relevant information from the safety management system is 
written in English, and in any other language understood by the vessel's 
personnel.



Sec. 96.370  What are the requirements for vessels of countries not party to Chapter IX of SOLAS?

    (a) Each foreign vessel which carries more than 12 passengers, or is 
a tanker, bulk freight vessel, freight vessel, or self-propelled mobile 
offshore drilling unit of 500 gross tons or more, operated in U.S. 
waters, under the authority of a

[[Page 241]]

country not a party to Chapter IX of SOLAS must--
    (1) Have on board valid documentation showing that the vessel's 
company has a safety management system which was audited and assessed, 
consistent with the International Safety Management Code of IMO 
Resolution A.741(18);
    (2) Have on board valid documentation from a vessel's Flag 
Administration showing that the vessel's safety management system was 
audited and assessed to be consistent with the International Safety 
Management Code of IMO Resolution A.741(18); or
    (3) Show that evidence of compliance was issued by either a 
government that is party to SOLAS or an organization recognized to act 
on behalf of the vessel's Flag Administration.
    (b) Evidence of compliance must contain all of the information in, 
and have substantially the same format as a--
    (1) Document of Compliance certificate; and
    (2) Safety Management Certificate.
    (c) Failure to comply with this section will subject the vessel to 
the compliance and enforcement procedures of Sec. 96.380 of this part.



Sec. 96.380  How will the Coast Guard handle compliance and enforcement of these regulations?

    (a) While operating in waters under the jurisdiction of the United 
States, the Coast Guard may board a vessel to determine that--
    (1) Valid copies of the company's Document of Compliance certificate 
and Safety Management Certificate are on board, or evidence of the same 
for vessels from countries not party to Chapter IX of SOLAS; and
    (2) The vessel's crew or shore-based personnel are following the 
procedures and policies of the safety management system while operating 
the vessel or transferring cargoes.
    (b) A foreign vessel that does not comply with these regulations, or 
one on which the vessel's condition or use of its safety management 
system do not substantially agree with the particulars of the Document 
of Compliance certificate, Safety Management Certificate or other 
required evidence of compliance, may be detained by order of the COTP or 
OCMI. This may occur at the port or terminal where the violation is 
found until, in the opinion of the detaining authority, the vessel can 
go to sea without presenting an unreasonable threat of harm to the port, 
the marine environment, the vessel or its crew. The detention order may 
allow the vessel to go to another area of the port, if needed, rather 
than stay at the place where the violation was found.
    (c) If any vessel that must comply with this part or with the ISM 
Code does not have a Safety Management Certificate and a copy of its 
company's Document of Compliance certificate on board, a vessel owner, 
charterer, managing operator, agent, Master, or any other individual in 
charge of the vessel that is subject to this part, may be liable for a 
civil penalty under 46 U.S.C. 3318. For foreign vessels, the Coast Guard 
may request the Sec. etary of the Treasury to withhold or revoke the 
clearance required by 46 U.S.C. App. 91. The Coast Guard may ask the 
Sec. etary to permit the vessel's departure after the bond or other 
surety is filed.



Sec. 96.390  When will the Coast Guard deny entry into a U.S. port?

    (a) Except for a foreign vessel entering U.S. waters under force 
majeure, no vessel shall enter any port or terminal of the U.S. without 
a safety management system that has been properly certificated to this 
subpart or to the requirements of Chapter IX of SOLAS if--
    (1) It is engaged on a foreign voyage; and
    (2) It is carrying more than 12 passengers, or a tanker, bulk 
freight vessel, freight vessel, or self-propelled mobile offshore 
drilling unit of 500 gross tons or more.
    (b) The cognizant COTP will deny entry of a vessel into a port or 
terminal under the authority of 46 U.S.C. 3204(c), to any vessel that 
does not meet the requirements of paragraph (a) of this section.

[[Page 242]]



Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.



Sec. 96.400  Purpose.

    (a) This subpart establishes criteria and procedures for 
organizations recognized under 46 CFR part 8, subparts A and B, to be 
authorized by the Coast Guard to act on behalf of the U.S. The 
authorization is necessary in order for a recognized organization to 
perform safety management audits and certification functions delegated 
by the Coast Guard as described in this part.
    (b) To receive an up-to-date list of recognized organizations 
authorized to act under this subpart, send a self-addressed, stamped 
envelope and written request to the Commandant (G-MSE), 2100 Sec. nd 
Street SW., Washington, DC 20593-0001.



Sec. 96.410  Who does this regulation apply to?

    This subpart applies to all organizations recognized by the U.S. 
under 46 CFR part 8, subpart A and B, who wish to seek authorization to 
conduct safety management audits and issue relevant international safety 
certificates under the provisions of the ISM Code and voluntary 
certificates on behalf of the U.S.



Sec. 96.420  What authority may an organization ask for under this regulation?

    (a) An organization may request authorization to conduct safety 
management audits and to issue the following certificates:
    (1) Safety Management Certificate;
    (2) Document of Compliance certificate;
    (3) Interim Safety Management Certificate; and
    (4) Interim Document of Compliance certificate.
    (b) [Reserved]



Sec. 96.430  How does an organization submit a request to be authorized?

    (a) A recognized organization must send a written request for 
authorization to the Commandant (G-MSE), Office of Design and 
Engineering Standards, 2100 Sec. nd Street SW, Washington, DC 20593-0001. 
The request must include the following:
    (1) A statement describing what type of authorization the 
organization seeks;
    (2) Documents showing that--
    (i) The organization has an internal quality system with written 
policies, procedures and processes that meet the requirements in Sec. 
96.440 of this part for safety management auditing and certification; or
    (ii) The organization has an internal quality system based on ANSI/
ASQC C9001 for safety management auditing and certification; or
    (iii) The organization has an equivalent internal quality standard 
system recognized by the Coast Guard to complete safety management 
audits and certification.
    (3) A list of the organization's exclusive auditors qualified to 
complete safety management audits and their operational area; and
    (4) A written statement that the procedures and records of the 
recognized organization regarding its actions involving safety 
management system audits and certification are available for review 
annually and at any time deemed necessary by the Coast Guard.
    (b) If the organization is a foreign classification society that has 
been recognized under 46 CFR part 8, subparts A and B, and wishes to 
apply for authorization under this part, it must demonstrate the 
reciprocity required by 46 U.S.C. 3316 for ISM Code certification. The 
organization must provide, with its request for authorization an 
affidavit from the government of the country in which the classification 
society is headquartered. This affidavit must provide a list of 
authorized delegations by the flag state of the administration of the 
foreign classification society's country to the American Bureau of 
Shipping, and indicate any conditions related to the delegated 
authority. If this affidavit is not received with a request for 
authorization from a foreign classification society, the request for 
authorization will be disapproved and returned by the Coast Guard.

[[Page 243]]

    (c) Upon the satisfactory completion of the Coast Guard's evaluation 
of a request for authorization, the organization will be visited for an 
evaluation as described in Sec. 96.440(b) of this part.



Sec. 96.440  How will the Coast Guard decide whether to approve an organization's request to be authorized?

    (a) First, the Coast Guard will evaluate the organization's request 
for authorization and supporting written materials, looking for evidence 
of the following--
    (1) The organization's clear assignment of management duties;
    (2) Ethical standards for managers and auditors;
    (3) Procedures for auditor training, qualification, certification, 
and requalification that are consistent with recognized industry 
standards;
    (4) Procedures for auditing safety management systems that are 
consistent with recognized industry standards and IMO Resolution 
A.788(19);
    (5) Acceptable standards for internal auditing and management 
review;
    (6) Record-keeping standards for safety management auditing and 
certification;
    (7) Methods for reporting non-conformities and recording completion 
of remedial actions;
    (8) Methods for certifying safety management systems;
    (9) Methods for periodic and intermediate audits of safety 
management systems;
    (10) Methods for renewal audits of safety management systems;
    (11) Methods for handling appeals; and
    (12) Overall procedures consistent with IMO Resolution A.739(18), 
``Guidelines for the Authorization of Organizations Acting on Behalf of 
the Administration.''
    (b) After a favorable evaluation of the organization's written 
request, the Coast Guard will arrange to visit the organization's 
corporate offices and port offices for an on-site evaluation of 
operations.
    (c) When a request is approved, the recognized organization and the 
Coast Guard will enter into a written agreement. This agreement will 
define the scope, terms, conditions and requirements of the 
authorization. Conditions of this agreement are found in Sec. 96.460 of 
this part.



Sec. 96.450  What happens if the Coast Guard disapproves an organization's request to be authorized?

    (a) The Coast Guard will write to the organization explaining why it 
did not meet the criteria for authorization.
    (b) The organization may then correct the deficiencies and reapply.



Sec. 96.460  How will I know what the Coast Guard requires of my organization if my organization receives authorization?

    (a) Your organization will enter into a written agreement with the 
Coast Guard. This written agreement will specify--
    (1) How long the authorization is valid;
    (2) Which duties and responsibilities the organization may perform, 
and which certificates it may issue on behalf of the U.S.;
    (3) Reports and information the organization must send to the 
Commandant (G-MOC);
    (4) Actions the organization must take to renew the agreement when 
it expires; and
    (5) Actions the organization must take if the Coast Guard should 
revoke its authorization or recognition under 46 CFR part 8.
    (b) [Reserved]



Sec. 96.470  How does the Coast Guard terminate an organization's authorization?

    At least every 12 months, the Coast Guard evaluates organizations 
authorized under this subpart. If an organization fails to maintain 
acceptable standards, the Coast Guard may terminate that organization's 
authorization, remove the organization from the Commandant's list of 
recognized organizations, and further evaluate the organization's 
recognition under 46 CFR part 8.



Sec. 96.480  What is the status of a certificate if the issuing organization has its authority terminated?

    Any certificate issued by an organization authorized by the Coast 
Guard

[[Page 244]]

whose authorization is later terminated remains valid until--
    (a) Its original expiration date,
    (b) The date of the next periodic audit required to maintain the 
certificate's validity, or
    (c) Whichever of paragraphs (a) or (b) occurs first.



Sec. 96.490  What further obligations exist for an organization if the Coast Guard terminates its authorization?

    The written agreement by which an organization receives 
authorization from the Coast Guard places it under certain obligations 
if the Coast Guard revokes that authorization. The organization agrees 
to send written notice of its termination to all responsible persons, 
companies and vessels that have received certificates from the 
organization. In that notice, the organization must include--
    (a) A written statement explaining why the organization's 
authorization was terminated by the Coast Guard;
    (b) An explanation of the status of issued certificates;
    (c) A current list of organizations authorized by the Coast Guard to 
conduct safety management audits; and
    (d) A statement of what the companies and vessels must do to have 
their safety management systems transferred to another organization 
authorized to act on behalf of the U.S.



Sec. 96.495  How can I appeal a decision made by an authorized organization?

    (a) A responsible person may appeal a decision made by an authorized 
organization by mailing or delivering to the organization a written 
request for reconsideration. Within 30 days of receiving your request, 
the authorized organization must rule on it and send you a written 
response. They must also send a copy of their response to the Commandant 
(G-MOC).
    (b) If you are not satisfied with the organization's decision, you 
may appeal directly to the Commandant (G-MOC). You must make your appeal 
in writing, including any documentation and evidence you wish to be 
considered. You may ask the Commandant (G-MOC) to stay the effect of the 
appealed decision while it is under review.
    (c) The Commandant (G-MOC) will make a decision on your appeal and 
send you a response in writing. That decision will be the final Coast 
Guard action on your request.

[[Page 245]]

                                  INDEX

                  SUBCHAPTER F_VESSEL OPERATING REGULATIONS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Application, submission of
                                                                  100.15
Applicability, operating a vessel while intoxicated
                                                                  95.005

                                 C

Chemical test, reasonable cause for directing
                                                                  95.035

                                 D

Definition of terms as used in this part
                                                                  95.010

                                 I

Intoxication Standard
                                                                  95.020
Intoxication, evidence of
                                                                  95.030

                                 O

Operating a vessel while under the influence of alcohol or a 
dangerous drug
                                                                 Part 95
Operating a vessel
                                                                  95.015
Operating rules for vessels inspected, or subject to inspection, 
under Chapter 33 of Title 46 United States Code
                                                                  95.045

                                 P

Purpose, operating a vessel while intoxicated
                                                                  95.001

                                 S

State blood alcohol concentration levels, Adoption of
                                                                  95.025

[[Page 246]]



                SUBCHAPTER G_REGATTAS AND MARINE PARADES





PART 100_SAFETY OF LIFE ON NAVIGABLE WATERS--Table of Contents




Sec. 
100.01 Purpose and intent.
100.05 Definition of terms used in this part.
100.10 Coast Guard-State agreements.
100.15 Submission of application.
100.20 Action on application for event assigned to State regulation by 
          Coast Guard-State agreement.
100.25 Action on application for event not assigned to State regulation 
          by Coast Guard-State agreement.
100.30 Approval required for holding event.
100.35 Special local regulations.
100.35-T05-29 Roanoke River, Plymouth, North Carolina.
100.40 Patrol of the regatta or marine parade.
100.45 Establishment of aids to navigation.
100.101 Harvard-Yale Regatta, Thames River, New London, CT.
100.102 Great Connecticut River Raft Race, Middletown, CT.
100.103 National Sweepstakes Regatta, Redbank, NJ.
100.104 Empire State Regatta, Albany, New York.
100.105 Head of the Connecticut Regatta.
100.106 Freeport Grand Prix, Long Beach, NY.
100.107 Windjammer Days, Boothbay Harbor, Maine.
100.108 Great Kennebec River Whatever Race.
100.109 Winter Harbor Lobster Boat Race, Winter Harbor, ME.
100.110 World's Fastest Lobster Boat Race, Jonesport, ME.
100.111 Stonington Lobster Boat Races, Stonington, ME.
100.112 Swim the Bay, Narragansett Bay Narragansett, RI.
100.113 Provincetown Harbor Swim for Life, Provincetown, MA.
100.114 Fireworks displays within the First Coast Guard District.
100.116 Swim Buzzards Bay Day, New Bedford, MA.
100.118 Searsport Lobster Boat Races, Searsport Harbor, ME.
100.119 Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.
100.120 Special local regulations: Greenwood Lake Powerboat Classic, 
          Greenwood Lake, New Jersey
100.121 Hudson Valley Triathlon, Hudson River, Kingston, New York.
100.122 Fleet's Albany Riverfest, Hudson River, New York.
100.501 Norfolk Harbor, Elizabeth River, Norfolk, Virginia and 
          Portsmouth, Virginia.
100.502 Barnegat Bay Classic, Barnegat Bay, Toms River, NJ.
100.504 Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ.
100.505 New Jersey Offshore Grand Prix.
100.506 Fireworks Displays, Chester River, Kent Island Narrows, 
          Maryland.
100.507 Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland.
100.508 Hampton River, Hampton, Virginia.
100.509 Delaware River, Philadelphia, Pennsylvania.
100.510 Susquehanna River, Havre de Grace, Maryland.
100.511 Approaches to Annapolis Harbor, Spa Creek, and Severn River, 
          Annapolis, Maryland.
100.512 Chesapeakeman Ultra Triathlon, Choptank River, Cambridge, MD.
100.513 Wrightsville Channel, Wrightsville Beach, North Carolina.
100.514 Fourth of July Fireworks Display; Parker Island, Little Egg 
          Harbor, New Jersey.
100.515 Patapsco River, Baltimore, Maryland.
100.517 Atlantic Ocean, Ocean City, MD.
100.518 Severn River, College Creek, Weems Creek, and Carr Creek, 
          Annapolis, Maryland
100.519 Assateague Channel, Chincoteague, Virginia.
100.520 Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, 
          Virginia.
100.522 Fireworks Displays, Atlantic Ocean, Virginia Beach, Virginia.
100.523 Southern Branch, Elizabeth River, Portsmouth, Virginia.
100.525 Western Branch, Elizabeth River, Portsmouth, Virginia.
100.526 Fireworks Displays, Patapsco River, Baltimore, Maryland.
100.527 St. Mary's River, St. Mary's City, Maryland.
100.529 Delaware River, Pea Patch Island to Delaware City, Delaware.
100.530 Prospect Bay, Kent Island Narrows, Maryland.
100.531 Isle of Wight Bay, Ocean City, MD.
100.532 Nanticoke River, Sharptown, MD.
100.533 Maryland Swim for Life, Chester River, Chestertown, MD.
100.534 Tug-of-War; Spa Creek, Annapolis, Maryland.
100.535 Susquehanna River, Port Deposit, Maryland.
100.536 Sunset Lake, Wildwood Crest, NJ.
100.709 Annual Augusta Southern National Drag Boat Races; Savannah 
          River, Augusta, GA.

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100.710 Annual Greater Jacksonville Kingfish Tournament; Jacksonville, 
          Florida.
100.713 Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.
100.714 Annual Miami Super Boat Race; Miami Beach, FL.
100.715 Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.
100.716 Annual Florida Sports Fishing Association Billfish Tournament.
100.717 Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.
100.718 Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.
100.719 Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, 
          FL.
100.720 Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, 
          FL.
100.721 Charleston Christmas Parade of Boats, Charleston Harbor, SC.
100.722 Annual Key West Super Boat Race; Key West, FL.
100.723 Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL.
100.724 Annual Augusta Invitational Rowing Regatta; Savannah River, 
          Augusta, GA.
100.728 Special Local Regulations; Hurricane Offshore Classic, St. 
          Petersburg, FL.
100.729 Columbus Day Regatta, Biscayne Bay, Miami, FL.
100.730 Annual Miami Super Boat Race; Miami Beach, Florida.
100.731 Special local regulations; annual Ft. Lauderdale Air & Sea Show, 
          Ft. Lauderdale, FL.
100.732 Annual River Race Augusta; Savannah River, Augusta, GA.
100.733 Annual Deerfield Beach Super Boat Race; Deerfield Beach, 
          Florida.
100.734 Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL.
100.735 Winterfest Boat Parade, Broward County, Fort Lauderdale, 
          Florida.
100.736 Annual Fort Myers Beach air show; Fort Myers Beach, FL.
100.740 Annual Offshore Super Series Boat Race; Fort Myers Beach, FL.
100.801 Annual Marine Events in the Eighth Coast Guard District.
100.901 Great Lakes annual marine events.
100.902 Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, 
          MI.
100.1101 Southern California annual marine events.
100.1102 Marine events on the Colorado River, between Davis Dam 
          (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
100.1103 Northern California annual marine events.
100.1105 San Francisco Bay Navy Fleetweek Parade of Ships and Blue 
          Angels Demonstration.
100.1301 Seattle Seafair Unlimited Hydroplane Race.
100.1302 Special Local Regulation, Annual Dragon Boat Races, Portland, 
          Oregon.
100.1303 Annual Kennewick, Washington, Columbia Unlimited Hydroplane 
          Races.
100.1304 Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.
100.1305 Richland, Washington, west coast outboard championship hydro 
          races.
100.1306 National Maritime Week Tugboat Races, Seattle, WA.
100.1307 Special Local Regulations, Strait Thunder Performance, Port 
          Angeles, WA.

    Authority: 33 U.S.C. 1233

    Source: CGFR 63-22, 28 FR 5155, May 23, 1963, unless otherwise 
noted.



Sec. 100.01  Purpose and intent.

    (a) The purpose of the regulations in this part is to provide 
effective control over regattas and marine parades conducted on the 
navigable waters of the United States so as to insure safety of life in 
the regatta or marine parade area.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 100.05  Definition of terms used in this part.

    (a) Regatta or marine parade means an organized water event of 
limited duration which is conducted according to a prearranged schedule.
    (b) [Reserved]
    (c) District Commander means the Commander of the Coast Guard 
District in which the regatta or marine parade is intended to be held. 
(See Part 3 of this chapter for the geographical boundaries of Coast 
Guard Districts.)
    (d) State authority means any official or agency of a State having 
power under the law of such State to regulate regattas or marine parades 
on waters over which such State has jurisdiction.

[[Page 248]]

    (e) Navigable waters of the United States means those waters 
described in Sec. 2.36(a) of this chapter, specifically including the 
waters described in Sec. 2.22(a)(2) of this chapter.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 75-098, 40 FR 
49327, Oct. 22, 1975; USCG-2001-9044, 68 FR 42602, July 18, 2003]



Sec. 100.10  Coast Guard-State agreements.

    (a) The District Commander is authorized to enter into agreements 
with State authorities permitting, regulation by the State of such 
classes of regatta or marine parade on the navigable waters of the 
United States as, in the opinion of the District Commander, the State is 
able to regulate in such a manner as to insure safety of life. All such 
agreements shall reserve to the District Commander the right to regulate 
any particular regatta or marine parade when he or she deems such action 
to be in the public interest.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.15  Submission of application.

    (a) An individual or organization planning to hold a regatta or 
marine parade which, by its nature, circumstances or location, will 
introduce extra or unusual hazards to the safety of life on the 
navigable waters of the United States, shall submit an application to 
the Coast Guard District Commander having cognizance of the area where 
it is intended to hold such regatta or marine parade. Examples of 
conditions which are deemed to introduce extra or unusual hazards to the 
safety of life include but are not limited to: An inherently hazardous 
competition, the customary presence of commercial or pleasure craft in 
the area, any obstruction of navigable channel which may reasonably be 
expected to result, and the expected accumulation of spectator craft.
    (b) Where such events are to be held regularly or repeatedly in a 
single area by an individual or organization, the Commandant or the 
District Commander may, subject to conditions set from time to time by 
him or her, grant a permit for such series of events for a fixed period 
of time, not to exceed one year.
    (c) The application must be submitted no less than 135 days before 
the start of the proposed event. However, if all of the following 
criteria are met, the application must be submitted no less than 60 days 
before the start of the proposed event:
    (1) The sponsor submitted an application for the event in the year 
immediately preceding.
    (2) The nature, location, scheduling, and other relevant information 
contained in the previous application are essentially the same.
    (3) The Coast Guard received no objection to the previous 
application.
    (4) The Coast Guard did not promulgate special local regulations for 
the previous event.
    (5) The Coast Guard approved the previous event.
    (d) The application shall include the following details:
    (1) Name and address of sponsoring organization.
    (2) Name, address, and telephone of person or persons in charge of 
the event.
    (3) Nature and purpose of the event.
    (4) Information as to general public interest.
    (5) Estimated number and types of watercraft participating in the 
event.
    (6) Estimated number and types of spectator watercraft.
    (7) Number of boats being furnished by sponsoring organizations to 
patrol event.
    (8) A time schedule and description of events.
    (9) A section of a chart or scale drawing showing the boundaries of 
the event, various water courses or areas to be utilized by 
participants, officials, and spectator craft.

[CGFR 63-22, 28 FR 5155, May 23, 1963 as amended by CGD 95-054, 66 FR 
1582, Jan. 9, 2001; CGD 95-059, 66 FR 9659, Feb. 9, 2001; USCG-2003-
15404, 68 FR 37740, June 25, 2003]



Sec. 100.20  Action on application for event assigned to State regulation by Coast Guard-State agreement.

    (a) Upon receipt of an application for a regatta or marine parade of 
a type assigned to a State for regulation under a Coast Guard-State 
agreement,

[[Page 249]]

the District Commander will forward the application to the State 
authority having cognizance of the event. Further processing and 
decision upon such an application shall be conducted by the State.
    (b) [Reserved]



Sec. 100.25  Action on application for event not assigned to State regulation by Coast Guard-State agreement.

    (a) Where an event is one of a type not assigned to the State for 
regulation under a Coast Guard-State agreement (or where no such 
agreement has been entered), the Commander of a Coast Guard District who 
receives an application for a proposed regatta or marine parade to be 
held upon the navigable waters of the United States within his or her 
district shall take the following action:
    (1) He or she shall determine whether the proposed regatta or marine 
parade may be held in the proposed location with safety of life. To 
assist in his or her determination, he or she may, if he or she deems it 
necessary, hold a public hearing to obtain the views of all persons 
interested in, or who will be affected by, the regatta or marine parade.
    (2) He or she will notify the individual or organization which 
submitted the application:
    (i) That the application is approved, and the nature of the special 
local regulations, if any, which he or she will promulgate pursuant to 
Sec. 100.35; or
    (ii) That the interest of safety of life on the navigable waters of 
the United States requires specific change or changes in the application 
before it can be approved; or
    (iii) That the event requires no regulation or patrol of the regatta 
or marine parade area; or
    (iv) That the application is not approved, with reasons for such 
disapproval.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.30  Approval required for holding event.

    (a) An event for which application is required under Sec. 100.15(a) 
shall be held only after approval of such event by the District 
Commander, except that applications referred to a State under Sec. 
100.10 shall be governed by the laws of that State.



Sec. 100.35  Special local regulations.

    (a) The Commander of a Coast Guard District, after approving the 
plans for the holding of a regatta or marine parade within his or her 
district, is authorized to promulgate such special local regulations as 
he or she deems necessary to insure safety of life on the navigable 
waters immediately prior to, during, and immediately after the approved 
regatta or marine parade. Such regulations may include a restriction 
upon, or control of, the movement of vessels through a specified area 
immediately prior to, during, and immediately after the regatta or 
marine parade.
    (b) After approving the plans for the holding of a regatta or marine 
parade upon the navigable waters within his or her district, and 
promulgating special regulations thereto, the Commander of a Coast Guard 
District shall give the public full and adequate notice of the dates of 
the regatta or marine parade, together with full and complete 
information of the special local regulations, if there be such. Such 
notice should be published in the local notices to mariners.
    (c) The special local regulations referred to in paragraph (a) of 
this section, when issued and published by the Commander of a Coast 
Guard District, shall have the status of regulations issued pursuant to 
the provisions of section 1 of the act of April 28, 1908, as amended (46 
U.S.C. 454).

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.35-T05-029  Roanoke River, Plymouth, North Carolina.

    (a) Regulated area. The regulated area includes all waters of 
Roanoke River commencing at the north river bank at latitude 
35[deg]52[min]20[sec] N, longitude 076[deg]44[min]47[sec] W, thence a 
line 180 degree due south across the river to the shoreline thence west 
along the shoreline to a position located at latitude 
35[deg]51[min]43[sec] N, longitude 076[deg]43[min]45[sec] W, thence 000 
degrees

[[Page 250]]

due north across the river to the shoreline thence east along the 
shoreline to the point of origin. All coordinates reference Datum NAD 
1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sec. or North Carolina.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sec. or North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
to 8:30 p.m. on June 24, July 22, August 11, 12, 19, September 30 and 
October 21, 2007.

[CGD05-07-029, 72 FR 30481, June 1, 2007]

    Effective Date Note: By CGD05-07-029, 72 FR 30481, June 1, 2007, 
Sec. 100.35-T05-029 was added, effective June 24, 2007 to Oct. 21, 
2007.



Sec. 100.40  Patrol of the regatta or marine parade.

    (a) The Commander of a Coast Guard District in which a regatta or 
marine parade is to be held may detail, if he or she deems the needs of 
safety require, one or more Coast Guard vessels to patrol the course of 
the regatta or marine parade for the purpose of enforcing not only the 
special local regulations but also for assistance work and the 
enforcement of laws generally.
    (b) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels to enforce the special local regulations 
governing a regatta or marine parade provided such vessel or vessels 
have been placed at the disposition of the Coast Guard pursuant to 
section 826 in Title 14, U.S. Code, for such purpose by any member of 
the Coast Guard Auxiliary, or any corporation, partnership, or 
association, or by any State or political subdivision thereof. Any 
private vessel so utilized shall have on board an officer or petty 
officer of the Coast Guard who shall be in charge of the vessel during 
the detail and responsible for the law enforcement activities or 
assistance work performed by the vessel during such detail. Any private 
vessel so utilized will display the Coast Guard ensign while engaged in 
this duty.
    (c) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels placed at the disposition of the Coast Guard 
pursuant to section 826 in Title 14, U.S. Code, by any member of the 
Coast Guard Auxiliary, or any corporation, partnership, or association, 
or by any State or political subdivision thereof, to patrol the course 
of the regatta or marine parade for the purpose of promoting safety by 
performing assistance work, effecting rescues, and directing the 
movement of vessels in the vicinity of the regatta or marine parade. 
Vessels utilized under the authority of this paragraph are not 
authorized to enforce the special local regulations or laws generally.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGFR 65-32, 30 FR 
8518, July 3, 1965; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 100.45  Establishment of aids to navigation.

    The District Commander will establish and maintain only those aids 
to navigation necessary to assist in the observance and enforcement of 
the special regulations issued under the District Commander's authority. 
These aids to navigation will be in accordance with Part 62 of this 
chapter. All other aids to navigation incidental to the holding of a 
regatta or marine parade are private aids to navigation as described in 
Part 66 of this chapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 100.101  Harvard-Yale Regatta, Thames River, New London, CT.

    (a) Regulated area. The Thames River at New London, Connecticut, 
from the Penn Central Draw Bridge to Bartlett Cove.
    (b) Effective period. This section is in effect on June 8, 1996, 
from 4:00 p.m. to

[[Page 251]]

7:30 p.m. and each year thereafter on a date and times specified in a 
Federal Register notice. If the regatta is canceled due to weather, this 
section will be in effect on the following Sunday.
    (c) Special local regulations. (1) All persons or vessels not 
registered with the sponsor as participants or not part of the regatta 
patrol are considered spectators.
    (2) No spectator or press boats shall be allowed out onto or across 
the race course without Coast Guard escort.
    (3) No person or vessel may transit through the regulated area 
during the effective period unless participating in the event, or as 
authorized by the sponsor or Coast Guard Patrol personnel. The Patrol 
Commander may open up the regulated area to allow for vessel movement 
between scheduled races.
    (4) Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event at least 30 minutes prior to the start of the races. They must 
remain moored or at anchor until the men's varsity have passed their 
positions. At that time, spectator vessels located south of the Harvard 
Boathouse may proceed downriver at a reasonable speed. Vessels situated 
between the Harvard Boathouse and the finish line must remain stationary 
until both crews return safely to their boathouses. If for any reason 
the men's varsity crew race is postponed, spectator vessels will remain 
in position until notified by Coast Guard or regatta patrol personnel.
    (5) The last 1000 feet of the race course near the finish line will 
be delineated by four (4) temporary white buoys provided by the sponsor. 
All spectator craft shall remain behind these buoys during the event.
    (6) Spectator craft shall not anchor:
    (i) To the west of the race course, between Scotch Cap and Bartlett 
Point Light.
    (ii) Within the race course boundaries or in such a manner that 
would allow their vessel to drift or swing into the race course.
    (7) During the effective period all vessels shall proceed at a speed 
not to exceed six (6) knots in the regulated area.
    (8) Spectator vessels shall not follow the crews during the races.
    (9) Swimming is prohibited in the vicinity of the race course during 
the races.
    (10) A vessel operating in the vicinity of the Submarine Base may 
not cause waves which result in damage to submarines or other vessels in 
the floating drydocks.
    (11) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-16, 50 FR 23807, June 6, 1985, as amended by CGD1 87-08, 52 FR 
20387, June 1, 1987. Redesignated and amended by CGD 87-008b, 52 FR 
25219, July 6, 1987; CGD01-95-017, 61 FR 21960, May 13, 1996; CGD 96-
052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.102  Great Connecticut River Raft Race, Middletown, CT.

    (a) Regulated Area. That section of the Connecticut River between 
Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92), 
Middletown, CT.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorized a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast

[[Page 252]]

Guard on-scene patrol commander. On-scene patrol personnel may include 
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon 
hearing five or more short blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall proceed as directed. Members of the Coast 
Guard Auxiliary will also be present to inform vessel operators of this 
regulation and other applicable laws.
    (c) Effective Period. This rule is effective from 10 a.m. to 2 p.m. 
on the last Saturday in July. If tidal conditions are not conductive to 
performing the event it will take place the first Saturday in August.

[CGD01-95-178, 62 FR 35388, July 1, 1997, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 100.103  National Sweepstakes Regatta, Redbank, NJ.

    (a) Regulated area. That portion of the Navesink River in Redbank, 
N.J. between the N.J. Route 35 Bridge and a line running across the 
Navesink River connecting Guyon and Lewis Points.
    (b) Effective period. This section is in effect from 8 a.m. to 6 
p.m. on July 20 and 21, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.
    (c) Special local regulations. (1) The regulated area shall be 
intermittently closed to all vessel traffic during the effective period, 
except as may be allowed by the Coast Guard Patrol Commander.
    (2) No person or vessel shall enter or remain in the regulated area 
while it is closed unless participating in or authorized by the event 
sponsor or Coast Guard patrol personnel.
    (3) Vessels awaiting passage through the regulated area shall be 
held in unmarked anchorages in the area to the east of the N.J. Route 35 
Bridge and in the vicinity of Lewis Point.
    (4) No transiting vessels shall be allowed out onto or across the 
regulated area without Coast Guard escort.
    (5) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the event. The following are established 
as spectator areas:
    (i) Spectator vessels shall be held behind (north of ) a line of 
buoys provided by the sponsor running approximately west to east 
starting .25 mile east of the N.J. Route 35 Bridge.
    (ii) A second spectator area shall be marked by a curved line of 
sponsor provided buoys centered on a line drawn approximately due south 
from Jones Point, running through Can Buoy 21. All spectator 
craft shall stay to the east of this string of buoys.
    (6) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-31, 50 FR 30702, July 29, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGDO1-96-016, 61 FR 26105, May 24, 
1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.104  Empire State Regatta, Albany, New York.

    (a) Regulated area. All waters of the Hudson River between the 
Albany Rensselaer Swing Bridge, river mile 146.2, and Light 224, (LLNR 
39015), river mile 147.5, located approximately 750 years north of the 
I-90/Patroon Island Bridge.
    (b) Effective period. This section is effective annually from 12 
p.m. Friday through 8 p.m. Sunday, on the first weekend of June.
    (c) Special local regulations. (1) The regulated area will be closed 
to all vessel traffic, except official patrol craft and sponsor craft, 
during the following times: Friday from 12 p.m. to 8 p.m.; Saturday from 
6 a.m. to 8 p.m.; and on Sunday from 6 a.m. to 8 p.m.
    (2) Vessels greater than 20 meters in length shall not transit the 
regulated area at any time during the effective period unless allowed to 
do so by the Coast Guard Patrol Commander.

[[Page 253]]

    (3) Vessels less than 20 meters in length may transit the regulated 
area at the conclusion of each day of racing. Transiting vessels will be 
escorted by official regatta patrol vessels specified in paragraph 
(c)(5) of this section. Approximate periods for transit will be: Friday 
at 8 p.m. through Saturday at 6 a.m.; and again on Saturday at 8 p.m. 
through Sunday at 6 a.m.
    (4) Unless otherwise directed by the Coast Guard Patrol Commander, 
transiting vessels shall: proceed at no-wake speeds, remain clear of the 
race course area as marked by the sponsor-provided buoys, not interfere 
with races or any shells in the area, make no stops and keep to the 
eastern edge of the Hudson River.
    (5) Official patrol vessels include Coast Guard and Coast Guard 
Auxiliary vessels, New York State and local police boats and other 
vessels so designated by the regatta sponsor or Coast Guard Patrol 
Commander.
    (6) No person or vessel may enter or remain in the regulated area 
during the effective period unless participating in the event, or 
authorized to be there by the sponsor or Coast Guard patrol personnel.
    (7) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (8) In the event of an emergency or as directed by the Coast Guard 
Patrol Commander, the sponsor shall dismantle the race course to allow 
the passage of any U.S. Government vessel or any other designated 
emergency vessel.

[CGD01-98-162, 64 FR 19717, Apr. 22, 1999; 64 FR 23395, Apr. 30, 1999]



Sec. 100.105  Head of the Connecticut Regatta.

    (a) Regulated Area. The regulated area is that section of the 
Connecticut River between the southern tip of Gildersleeve Island and 
Light Number 87.
    (b) Special Local Regulations. (1) The regulated area is closed to 
all transiting vessel traffic between 9:00 a.m. and 6:00 p.m. except for 
escorted passages as described in (2) and (3) below. All transiting 
vessel movement will be done at the direction of the Coast Guard patrol 
commander.
    (2) Vessels less than 20 meters in length will be allowed to transit 
the regulated area only under escort and at the discretion of the Coast 
Guard patrol commander.
    (3) Vessels over 20 meters in length will be allowed to transit the 
regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or as 
directed by the Coast Guard patrol commander.
    (4) All transiting vessels shall operate at ``No Wake'' speed or 
five (5) knots whichever is slower.
    (5) Southbound vessels awaiting escort through the regulated area 
will be held in the vicinity of the southern tip of Gildersleeve Island. 
Northbound vessels awaiting escort will be held at Light Number 87.
    (6) All vessels shall immediately follow any specific instructions 
given by Coast Guard patrol craft and exercise extreme caution while 
operating in or near the regulated area.
    (7) No person shall enter or remain in the regulated area unless 
participating in the event or authorized by the event sponsor or Coast 
Guard patrol commander.
    (8) The sponsor shall ensure that the event is concluded by 6:00 
p.m. on the day of the event.
    (c) Effective Dates. These regulations are effective from 9:00 a.m. 
to 6:00 p.m. on October 9, 1988 and each year thereafter during the same 
time period on the second Saturday of October or as published in the 
local Coast Guard Notice to Mariners.

[CGD1 88-035, 53 FR 39273, Oct. 6, 1988, as amended at CGDUI-94-136, 59 
FR 49821, Sept. 30, 1994]



Sec. 100.106  Freeport Grand Prix, Long Beach, NY.

    (a) Regulated area. The regulated area is a trapezoidal area on the 
coastal Atlantic waters of Long Island to the south of Long Beach, New 
York. The

[[Page 254]]

regulated area is one and one quarter (1\1/4\) miles south of Long Beach 
and three and one quarter (3\1/4\) miles north of the northern boundary 
of Ambrose Channel and is specifically bounded as follows:
    (1) Northeast Corner. approximately one and one quarter miles 
southwest of Jones Inlet breakwater at coordinates 40-33-42 North; 073-
35-43 West.
    (2) Southeast Corner. southwest of Jones Inlet Approch Buoy (R 
``2''; Light List Number 685) at coordinates 40-31-45 North; 073-36-19 
West.
    (3) Southwest Corner. east of East Rockaway Approach Buoy (R ``4''; 
Light List Number 690) at coordinates 40-31-31 North; 073-42-21 West.
    (4) Northwest Corner. 40-33-30 North; 073-40-57 West.
    (b) Special local regulations. Vessels not participating in, or 
operating as a safety/rescue patrol shall:
    (1) Not operate within the regulated area.
    (2) Immediately follow any specific instructions given by Coast 
Guard patrol craft.
    (3) Exercise extreme caution when operating near the regulated area.
    (c) Effective Dates. These regulations are effective at 11:00 a.m. 
on August 5, 1989 and terminate at 3:00 p.m. on August 5, 1989 and will 
be in effect each year thereafter during the same time period on the 
first or second Sunday of August as published in a Federal Register 
Notice and the Coast Guard Local Notice to Mariners.

[CGD1 89-025, 54 FR 32066, Aug. 4, 1989]



Sec. 100.107  Windjammer Days, Boothbay Harbor, Maine.

    (a) Regulated Area. The Boothbay Harbor entrance and harbor channel 
extending from the Tumbler's Island Buoy 8 area to Boothbay 
Inner Harbor. Specifically, the regulated area is enclosed as follows: a 
line drawn due east from the southwest (43-50-10 North; 069-38-20 West 
to the Spruce Point Shore; thence following the shore north along Spruce 
Point and around the Boothbay Harbor to Railway Point (43-50-54 North; 
069-38-20 West); thence extending seaward in a southerly direction back 
to the southwest boundary of the regulated area.
    (b) Special Local Regulations. (1) Between the hours of 2:30 p.m. 
and 4:00 p.m. on July 11, 1989 an aircraft aerobatic demonstration will 
take place in the southern portion of the regulated area. All transiting 
and spectating vessels shall remain clear of the waters below the flight 
area. Coast Guard vessels will be present to direct marine traffic and 
to establish exact spectator boundaries.
    (2) When operating within the regulated area during the sail parade, 
all vessels with the exception of official regatta patrol vessels, shall 
maintain a separation of at least 100 yards from the parade 
participants. The 100 yard area will move with each vessel in the parade 
as they transit to Boothbay Inner Harbor.
    (3) Between the hours of 8:00 p.m. and 10:30 p.m. on July 12, 1989, 
a fireworks barge will be anchored southwest of McFarland Island in 
approximate location 43-50-35 North; 38-30-00 West. All vessels must 
maintain a clearance of 300 yards from the barge or as directed by Coast 
Guard patrol vessels.
    (4) All vessels shall exercise extreme caution when operating in the 
regulated area.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels the content of 
these regulations.
    (c) Effective period. This section is in effect from 2 p.m. to 10 
p.m. on June 26 and 27, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.

[CGD1 89-058, 54 FR 30038, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996]



Sec. 100.108  Great Kennebec River Whatever Race.

    (a) Regulated Area. That portion of the Kennebec River, extending 
bank to bank, between the Maine Route 126 bridge (at latitude 44-14 
North, longitude 69-46-15 West connecting Randolph and Gardiner, Maine) 
to the U.S. Route 201-202 bridge (at latitude 44-18-43 North, longitude 
69-46-26 West in Augusta, Maine).
    (b) Special Local Regulations. The following requirements will be 
placed on vessels operating within the regulated

[[Page 255]]

area during the effective period of regulation:
    (1) All persons on board any vessel which does not possess a valid 
state registration or federal documentation shall at all times wear a 
Coast Guard approved Type I, II, or III personal flotation device 
(lifejacket).
    (2) Spectator and/or transiting vessels shall not exceed five (5) 
mph or ``NO WAKE'' speed, whichever is slower.
    (3) All vessels shall exercise extreme caution when operating near 
parade participants and shall be alert for disabled craft and persons 
possibly falling overboard.
    (4) All vessel operators shall immediately follow any instruction 
given by Coast Guard patrol personnel.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels of the content 
of these regulations.
    (c) Effective period. This section is in effect from 6 a.m. to 6 
p.m. on June 30, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD1 89-026, 54 FR 30036, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.109  Winter Harbor Lobster Boat Race, Winter Harbor, ME.

    (a) Regulated area. The regulated area includes all waters of Winter 
Harbor, ME, within the following points (NAD 83):

44 23[min]07[sec] N                  068 04[min]52[sec] W
44 22[min]12[sec] N                  068 04[min]52[sec] W
44 22[min]12[sec] N                  068 05[min]08[sec] W
44 23[min]07[sec] N                  068 05[min]08[sec] W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the Coast Guard. 
Upon hearing five or more short blasts from a Coast Guard vessel, the 
operator of a vessel shall proceed as directed. Members of the Coast 
Guard Auxiliary may also be present to inform vessel operators of this 
regulation and other applicable laws.
    (c) Effective Period. This section is effective from 8 a.m. to 2 
p.m., annually on the second Saturday in August, unless specified in a 
Coast Guard Notice to Mariners. In case of inclement weather, this 
section will be in effect the second Sunday in August at the same time, 
unless otherwise specified in a Coast Guard Notice to Mariners.

[CGD01-96-008, 63 FR 37492, July 13 1998]



Sec. 100.110  World's Fastest Lobster Boat Race, Jonesport, ME.

    (a) Regulated area. The regulated area includes all waters of 
Moosabec Reach within the following points (NAD 83):

44[deg]31[min]36[sec] N              067[deg]36[min]54[sec] W
44[deg]31[min]48[sec] N              067[deg]34[min]42[sec] W
44[deg]31[min]36[sec] N              067[deg]34[min]42[sec] W
44[deg]31[min]18[sec] N              067[deg]36[min]54[sec] W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the on-scene Coast Guard patrol commander.

[[Page 256]]

On-scene patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard. Upon hearing five or more short blasts 
from a U.S. Coast Guard vessel, the operator of a vessel shall proceed 
as directed. Members of the Coast Guard Auxiliary will also be present 
to inform vessel operators of the regulation in this section and other 
applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 1 
p.m. on July 4, 1996, and each year thereafter on a date and times 
published in a Federal Register notice. If the event is canceled due to 
weather, this section is in effect on the day following the published 
effective date.

[CGD01-95-168, 61 FR 21962, May 13, 1996]



Sec. 100.111  Stonington Lobster Boat Races, Stonington, ME.

    (a) Regulated area. The regulated area includes all waters within 
the following points:

44[deg]08.57[min] N                 068[deg]40.12[min] W
44[deg]09.05[min] N                 068[deg]40.12[min] W
44[deg]09.15[min] N                 068[deg]39.05[min] W
44[deg]09.05[min] N                 068[deg]39.00[min] W
 

    (b) Special local regulations. (1) Commander, U.S. Coast Guard Group 
Southwest Harbor reserves the right to delay, modify, or cancel the race 
as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event or unless authorized by the Coast Guard 
patrol commander.
    (3) Vessels desiring to transit Deer Island Thoroughfare may do so 
without Coast Guard approval as long as the vessel remains outside the 
regulated area at specified times. No vessel will be allowed to transit 
through any portions of the regulated area during the actual race. 
Provisions will be made to allow vessels to transit the regulated area 
between race heats. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort. Vessels encountering emergencies 
which require transit through the regulated area should contact the 
Coast Guard patrol commander on VHF Channel 16.
    (4) Spectator craft are authorized to watch the race from any area 
as long as they remain outside the designated regulated area. Spectator 
craft are expected to remain outside the regulated area from 10 a.m. to 
4 p.m. unless permission has been granted by the patrol commander.
    (5) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Southwest Harbor or the designated 
on-scene patrol commander. On-scene patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon 
hearing five or more short blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall stop immediately, then proceed as directed. 
Members of the Coast Guard Auxiliary will also be present to inform 
vessel operators of this regulation and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 4 
p.m. on August 3, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD01-95-051, 60 FR 43977, Aug. 24, 1995, as amended by CGDO1-96-016, 
61 FR 26105, May 24, 1996]



Sec. 100.112  Swim the Bay, Narragansett Bay, Narragansett, RI.

    (a) Regulated area. All waters of the East Passage of Narragansett 
Bay within 200 feet of participating competition swimmers.
    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with the Coast Guard designated escort.

[[Page 257]]

    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on July 27, 1996, 
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and 
times published in a Federal Register document.

[CGD01-95-170, 61 FR 26104, May 24, 1996]



Sec. 100.113  Provincetown Harbor Swim for Life, Provincetown, MA.

    (a) Regulated Area. All waters of Provincetown Harbor within 200 
feet of participating benefit swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on September 7, 
1996, from 10 a.m. to 4 p.m. and annually thereafter on a date and times 
published in a Federal Register document. If the event is canceled due 
to weather, this regulation is effective the following day at the same 
times.

[CGD 01-95-169, 61 FR 45891, Aug. 30, 1996]



Sec. 100.114  Fireworks displays within the First Coast Guard District.

    (a) Regulated area. That area of navigable waters within a 500-year 
radius of the launch platform for each fireworks display listed in the 
following table.

                                             Fireworks Display Table
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                       May
----------------------------------------------------------------------------------------------------------------
New York:
    5.1..................................  First and Sec. nd Saturday in May........  Name: Ellis Island Medals
                                                                                      of Honor Ceremony.
                                                                                     Sponsor: The Forum.
                                                                                     Time: 10:00 p.m. to 12:00
                                                                                      a.m.
                                                                                     Location: New York Harbor,
                                                                                      Upper Bay. A barge
                                                                                      approximately 360 yards
                                                                                      east of Ellis Island.
                                                                                      40[deg]41[min]15[sec] /
                                                                                      074[deg]02[min]9[sec] W
                                                                                      (NAD 1983).
New York:
    5.2..................................  Friday before Memorial Day..............  Name: Hempstead Harbor.
                                                                                     Sponsor: Town of North
                                                                                      Hempstead, NY.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Hempstead Harbor.
                                                                                      A barge approximately 335
                                                                                      yards north of Bar Beach.
                                                                                      40[deg]49[min]54[sec] N/
                                                                                      073[deg]39[min]14[sec] W
                                                                                      (NAD 1983).
New York:
    5.3..................................  Memorial Day............................  Name: South Street Seaport
                                                                                      Memorial Day.
                                                                                     Sponsor: South Street
                                                                                      Seaport Marketplace.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: East River
                                                                                      Manhattan. A barge
                                                                                      approximately 475 yards
                                                                                      south of the Brooklyn
                                                                                      Bridge
                                                                                      40[deg]42[min]10[sec] N/
                                                                                      074[deg]00[min]01[sec] W
                                                                                      (NAD 1983).

[[Page 258]]

 
Massachusetts:
    5.4..................................  A night during Memorial Day Weekend.....  Name: Hull Memorial Day
                                                                                      Festival.
                                                                                     Sponsor: Town of Hull.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Barge located 200
                                                                                      yards off Nantasket Beach,
                                                                                      Hull, MA.
----------------------------------------------------------------------------------------------------------------
                                                      June
----------------------------------------------------------------------------------------------------------------
New York:
    6.1..................................  The last two Tuesdays in June...........  Name: Staten Island Summer.
                                                                                     Sponsor: Borough of Staten
                                                                                      Island.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New York Harbor,
                                                                                      Lower Bay--approximately
                                                                                      350 yards east of South
                                                                                      Beach, Staten Island.
                                                                                      40[deg]35[min]11[sec] N/
                                                                                      074[deg]03[min]42[sec] W
                                                                                      (NAD 1983).
Maine:
    6.2..................................  A night during the last week in June....  Name: Windjammer Days
                                                                                      Fireworks.
                                                                                     Sponsor: Boothbay Harbor
                                                                                      Chamber or Commerce.
                                                                                     Time: 9:00 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Mcfarland Island,
                                                                                      Boothbay Harbor, ME.
                                                                                      43[deg]50[min]48[sec] N/
                                                                                      069[deg]37[min]36[sec] W
                                                                                      (NAD 1983).
Connecticut:
    6.3..................................  A night during the Last week in June....  Name: Barnum Festival
                                                                                      Fireworks.
                                                                                     Sponsor: The Barnum
                                                                                      Foundation.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Seaside Park--
                                                                                      Bridgeport Harbor,
                                                                                      Bridgeport, CT.
                                                                                      43[deg]11[min]30[sec] N/
                                                                                      072[deg]00[min]30[sec] W
                                                                                      (NAD 1983).
New York:
    6.4..................................  Last Sunday in June.....................  Name: Heritage of Pride.
                                                                                     Sponsor: Heritage of Pride
                                                                                      Inc.
                                                                                     Time: 9:30 p.m. to 11:30
                                                                                      p.m.
                                                                                     Location: Hudson River,
                                                                                      Manhattan, NY. A barge
                                                                                      approximately 400 yards
                                                                                      west of Pier 54.
                                                                                      40[deg]44[min]31[sec] N/
                                                                                      074[deg]01[min]00[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    6.5..................................  Thursday prior to July 4th..............  Name: Boston Harborfest
                                                                                      Fireworks.
                                                                                     Sponsor: Harborfest
                                                                                      Committee.
                                                                                     Time: 9:30 p.m. to 10.30
                                                                                      p.m.
                                                                                     Location: Just Off Coast
                                                                                      Guard Base, Boston Harbor,
                                                                                      MA 42[deg]22[min]53[sec] N/
                                                                                      71[deg]02[min] 56[sec] W
                                                                                      (NAD 1983).
                                                      July
----------------------------------------------------------------------------------------------------------------
New York:
    7.1..................................  Each Tuesday in July....................  Name: Staten Island Summer.
                                                                                     Sponsor: Borough of Staten
                                                                                      Island.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New York Harbor,
                                                                                      Lower Bay--approximately
                                                                                      350 yards east of South
                                                                                      Beach, Staten Island.
                                                                                      40[deg]35[min]11[sec] N/
                                                                                      074[deg]03[min]42[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.2..................................  Thursday prior to July 4th..............  Name: Boston Harborfest
                                                                                      Fireworks.
                                                                                     Sponsor: Harborfest
                                                                                      Committee.
                                                                                     Time: 9:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Just Off Coast
                                                                                      Guard Base, Boston Harbor,
                                                                                      MA 42[deg]22[min]53[sec] N/
                                                                                      71[deg]02[min]56[sec] W
                                                                                      (NAD 1983).
Connecticut:
    7.3..................................  A night during the First week in July     Name: American Legion Post
                                            (or Last week in June).                   83 Fireworks.
                                                                                     Sponsor: Town of Branford
                                                                                      American Legion Post.
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Branford Point,
                                                                                      Branford, CT.
                                                                                      41[deg]21[min]N/
                                                                                      072[deg]05[min]20[sec] W
                                                                                      (NAD 1983).
New York:

[[Page 259]]

 
    7.4..................................  A night during the First week in July...  Name: Devon Yacht Club
                                                                                      Fireworks.
                                                                                     Sponsor: Devon Yacht Club,
                                                                                      Amagansett, NY.
                                                                                     Time: 9:30 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Devon Yacht Club,
                                                                                      Amagansett, NY.
                                                                                      40[deg]00[min]00[sec] N/
                                                                                      072[deg]06[min]12[sec] W
                                                                                      (NAD 1983).
New York:
    7.5..................................  July 1st................................  Name: Wards Island.
                                                                                     Sponsor: New York Power
                                                                                      Authority.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: East River, Wards
                                                                                      Island, NY. A land shoot
                                                                                      approximately 200 yards
                                                                                      northeast of the Triboro
                                                                                      Bridge.
                                                                                      40[deg]46[min]55.5[sec] N/
                                                                                      073[deg]55[min]33[sec] W
                                                                                      (NAD 1983).
New York:
    7.6..................................  July 2nd, 3rd and 4th...................  Name: Playland Park.
                                                                                     Sponsor: Playland Park.
                                                                                     Time: 9 p.m. to 11 p.m.
                                                                                     Location: Western Long
                                                                                      Island Sound, a barge
                                                                                      anchored in approximate
                                                                                      position
                                                                                      40[deg]57[min]47[sec] N/
                                                                                      073[deg]40[min]06[sec] W
                                                                                      (NAD 1983), approximately
                                                                                      400 yards northeast of Rye
                                                                                      Beach Breakwater.
Maine:
    7.7..................................  A night during the First two weeks in     Name: Schooner Days
                                            July.                                     Fireworks.
                                                                                     Sponsor: Town of Rockland
                                                                                      Chamber of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Rockland Harbor,
                                                                                      Rockland, ME.
Connecticut:
    7.8..................................  A night during the First two weeks in     Name: Stamford Fireworks.
                                            July.                                    Sponsor: City of Stamford.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Westcott Cove,
                                                                                      Stamford, CT.
                                                                                      41[deg]02[min]01[sec] N/
                                                                                      73[deg]30[min]3[sec] W
                                                                                      (NAD 1983).
New York:
    7.9..................................  A night during the First two weeks in     Name: Town of Babylon
                                            July.                                     Fireworks.
                                                                                     Sponsor: Town of Babylon,
                                                                                      NY.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Nezeras Island,
                                                                                      Babylon, NY.
Massachusetts:
    7.10.................................  Friday or Saturday prior to July 4th....  Name: Hingham 4th of July
                                                                                      Fireworks.
                                                                                     Sponsor: Town of Hingham,
                                                                                      MA.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Hingham Harbor,
                                                                                      Hingham, MA.
                                                                                      42[deg]15[min]30[sec] N/
                                                                                      70[deg]53[min]2[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.11.................................  Friday or Saturday prior to July 4th....  Name: Weymouth 4th of July
                                                                                      Fireworks.
                                                                                     Sponsor: Town of Weymouth
                                                                                      Harbormaster.
                                                                                     Time: 8:30 p.m. to 10:45
                                                                                      p.m.
                                                                                     Location: Weymouth Fore
                                                                                      River, Weymouth, MA.
                                                                                      42[deg]15[min]30[sec] N/
                                                                                      70[deg]56[min]6[sec] W
                                                                                      (NAD 1983).
Vermont:
    7.12.................................  July 3rd................................  Name: Burlington Fireworks
                                                                                      Display.
                                                                                     Sponsor: City of
                                                                                      Burlington, VT.
                                                                                     Time: 8:30 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Lake Champlain,
                                                                                      Burlington Bay, VT. A
                                                                                      barge beside the
                                                                                      Burlington Bay Breakwater.
                                                                                      44[deg]28[min]30.5[sec] N/
                                                                                      073[deg]13[min]32[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.13.................................  July 3rd................................  Name: Gloucester Fireworks.
                                                                                     Sponsor: Gloucester Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Gloucester
                                                                                      Harbor, Stage Fort Park.
                                                                                      Gloucester, MA.
Connecticut:
    7.14.................................  July 3rd................................  Name: Summer Music
                                                                                      Fireworks.
                                                                                     Sponsor: Summer Music, Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Off of Harkness
                                                                                      Park, Long Island Sound,
                                                                                      Waterford, CT.
                                                                                      41[deg]18[min]00[sec] N/
                                                                                      072[deg]06[min]42[sec] W.
New Jersey:

[[Page 260]]

 
    7.15.................................  July 3rd................................  Name: Fireworks on the
                                                                                      Navesink.
                                                                                     Sponsor: Red Bank Fireworks
                                                                                      Committee.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Navesink River, a
                                                                                      barge approximately 360
                                                                                      yards northwest of Red
                                                                                      Bank Reach, NJ.
                                                                                      40[deg]21[min]20[sec] N/
                                                                                      074[deg]04[min]10[sec] W
                                                                                      (NAD 1983).
New York:
    7.16.................................  July 3rd................................  Name: Salute to Veterans.
                                                                                     Sponsor: Town of North
                                                                                      Hempstead, NY
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Hempstead, NY.
                                                                                      Point Lookout
                                                                                      40[deg]35[min]34[sec] N/
                                                                                      073[deg]35[min]24[sec] W
                                                                                      (NAD 1983).
Maine:
    7.17.................................  July 4th (Rain date: July 5th)..........  Name: Bangor Fireworks.
                                                                                     Sponsor: Bangor 4th of July
                                                                                      Corporation.
                                                                                     Time: 9:30 p.m. to 10 p.m.
                                                                                     Location: Bangor/Brewer
                                                                                      waterfront, ME.
                                                                                      44[deg]47[min]6[sec] N/
                                                                                      068[deg]11[min]8[sec] W
                                                                                      (NAD 1983).
Maine:
    7.18.................................  July 4th................................  Name: Bar Harbor Fireworks.
                                                                                     Sponsor: Bar Harbor Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:30 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Bar Habor/Bar
                                                                                      Island, ME.
                                                                                      44[deg]23[min]6[sec] N/
                                                                                      068[deg]11[min]8[sec] W
                                                                                      (NAD 1983).
Maine:
    7.19.................................  July 4th................................  Name: Stewart's 4th of July
                                                                                      Fireworks Display.
                                                                                     Sponsor: W.P. Stewart.
                                                                                     Time: 9:00 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Somes Sound,
                                                                                      Northeast Harbor, ME.
                                                                                      44[deg]18[min]3[sec] N/
                                                                                      068[deg]18[min]2[sec] W
                                                                                      (NAD 1983).
Maine:
    7.20.................................  July 4th................................  Name: Walsh's Fireworks.
                                                                                     Sponsor: Mr. Patrick Walsh.
                                                                                     Time: 8:30 p.m. to 9:30
                                                                                      p.m.
                                                                                     Location: Union River, Bay,
                                                                                      ME. 44[deg]23[min]5[sec] N/
                                                                                      068[deg]27[min]2[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.21.................................  July 4th................................  Name: Town of Barnstable
                                                                                      Fireworks.
                                                                                     Sponsor: Town of
                                                                                      Barnstable.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Dunbar Point/
                                                                                      Kalmus Beach, Barnstable,
                                                                                      MA. 41[deg]38[min]30[sec]
                                                                                      N/070[deg]16[min]W (NAD
                                                                                      1983).
Massachusetts:
    7.22.................................  July 4th................................  Name: Beverly Farms
                                                                                      Fireworks.
                                                                                     Sponsor: Farms-Pride 4th of
                                                                                      July Committee, Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: West Beach,
                                                                                      Manchester Bay, Beverly
                                                                                      Farms, MA.
                                                                                      42[deg]33[min]51[sec] N/
                                                                                      070[deg]48[min]29[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.23.................................  July 4th................................  Name: Edgartown Fireworks.
                                                                                     Sponsor: Edgartown
                                                                                      Firefighters Association.
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Edgartown Harbor,
                                                                                      Edgartown, MA.
                                                                                      41[deg]23[min]25[sec] N/
                                                                                      070[deg]29[min]45[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.24.................................  July 4th................................  Name: Falmouth Fireworks.
                                                                                     Sponsor: Falmouth Fireworks
                                                                                      Committee
                                                                                     Time: 9:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Falmouth Harbor,
                                                                                      .25 NM east of buoy 16, Falmouth, MA.
                                                                                      41[deg]-23[min]12[sec] N/
                                                                                      070[deg]29[min]45[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.25.................................  July 4th................................  Name: Marion Fireworks.
                                                                                     Sponsor: Town of Marion
                                                                                      Harbormaster.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Silver Shell
                                                                                      Beach, Marion, MA.
                                                                                      41[deg]45[min]30[sec] N/
                                                                                      070[deg]45[min]24[sec] W
                                                                                      (NAD 1983).
Massachusetts:

[[Page 261]]

 
    7.26.................................  July 4th................................  Name: City of New Bedford
                                                                                      Fireworks.
                                                                                     Sponsor: City of New
                                                                                      Bedford.
                                                                                     Time: 9:00 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New Bedford
                                                                                      Harbor, New Bedford, MA.
                                                                                      41[deg]41[min]N/
                                                                                      070[deg]40[min]W (NAD
                                                                                      1983).
Massachusetts:
    7.27.................................  July 4th................................  Name: Onset Fireworks.
                                                                                     Sponsor: Town of Wareham,
                                                                                      MA.
                                                                                     Time: 9 p.m. to 10 p.m.
                                                                                     Location: Onset Harbor,
                                                                                      Onset, MA. 41[deg]38[min]N/
                                                                                      071[deg]55[min]W (NAD
                                                                                      1983).
Massachusetts:
    7.28.................................  July 4th................................  Name: Plymouth Fireworks
                                                                                      Display.
                                                                                     Sponsor: July Four Plymouth
                                                                                      Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Plymouth Harbor,
                                                                                      Plymouth, MA.
                                                                                      41[deg]57[min]20[sec] N/
                                                                                      070[deg]38[min]20[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    7.29.................................  July 4th................................  Name: Lewis Bay Fireworks.
                                                                                     Sponsor: Town of Yarmouth,
                                                                                      MA.
                                                                                     Time: 9:30 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Great Island,
                                                                                      Lewis Bay.
                                                                                      41[deg]38[min]30[sec] N/
                                                                                      071[deg]17[min]06[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    7.30.................................  July 4th................................  Name: Bristol 4th of July
                                                                                      Fireworks.
                                                                                     Sponsor: Bristol 4th of
                                                                                      July Committee.
                                                                                     Time: 9:30 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Bristol Harbor,
                                                                                      Bristol, RI.
                                                                                      41[deg]39[min]54[sec] N/
                                                                                      071[deg]20[min]18[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    7.31.................................  July 4th................................  Name: City of Newport
                                                                                      Fireworks.
                                                                                     Sponsor: City of Newport
                                                                                     Time: 9:15 p.m. to 10:00
                                                                                      p.m
                                                                                     Location:
                                                                                      41[deg]28[min]48[sec] N/
                                                                                      071[deg]20[min]18[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    7.32.................................  July 4th................................  Name: Oyster Harbor Club
                                                                                      Fourth of July Festival.
                                                                                     Sponsor: Oyster Harbor
                                                                                      Club, Inc.
                                                                                     Time: 6:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Tim's Cove, North
                                                                                      Bay, Osterville, RI.
                                                                                      41[deg]37[min]30[sec] N/
                                                                                      070[deg]23[min]21[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    7.33.................................  July 4th................................  Name: Slade Farms
                                                                                      Fireworks.
                                                                                     Sponsor: Slade Farm,
                                                                                      Somerset, RI.
                                                                                     Time: 9:00 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location:
                                                                                      41[deg]43[min]36[sec] N/
                                                                                      071[deg]09[min]18[sec] W
                                                                                      (NAD 1983).
Connecticut:
    7.34.................................  July 4th................................  Name: Fairfield Aerial
                                                                                      Fireworks.
                                                                                     Sponsor: Fairfield Park
                                                                                      Commission.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Jennings Beach,
                                                                                      Long Island Sound,
                                                                                      Fairfield, CT.
                                                                                      41[deg]08[min]22[sec] N/
                                                                                      073[deg]14[min]02[sec] W.
Connecticut:
    7.35.................................  July 4th................................  Name: Subfest Fireworks.
                                                                                     Sponsor: U.S. Naval
                                                                                      Submarine Base.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Thames River,
                                                                                      Groton, CT.
Connecticut:
    7.36.................................  July 4th................................  Name: Hartford Riverfest.
                                                                                     Sponsor: July 4th
                                                                                      Riverfest, Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Connecticut
                                                                                      River, Hartford, CT.
Connecticut:
    7.37.................................  July 4th................................  Name: Middletown Fireworks.
                                                                                     Sponsor: City of
                                                                                      Middletown.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Connecticut
                                                                                      River, Middletown Harbor,
                                                                                      Middletown, CT.
                                                                                      41[deg]33[min]79[sec] N/
                                                                                      073[deg]38[min]83[sec] W
                                                                                      (NAD 1983)
Connecticut:

[[Page 262]]

 
    7.38.................................  July 4th................................  Name: Old Lyme Fireworks.
                                                                                     Sponsor: Mr. James R. Rice.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Sound View Beach,
                                                                                      Long Island Sound, Old
                                                                                      Lyme, CT.
New York:
    7.39.................................  July 4th................................  Name: Bayville Crescent
                                                                                      Club Fireworks.
                                                                                     Sponsor: Bayville Crescent
                                                                                      Club, Bayville, NY.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Cooper Bluff,
                                                                                      Cove Neck, NY.
New York:
    7.40.................................  July 4th................................  Name: Mantauk Independence
                                                                                      Day.
                                                                                     Sponsor: Montauk Chamber of
                                                                                      Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Montauk Town
                                                                                      Beach, Montauk, NY.
New York:
    7.41.................................  July 4th................................  Name: Jones Beach State
                                                                                      Park Fireworks.
                                                                                     Sponsor: Long Island State
                                                                                      Park Administration
                                                                                      Headquarters.
                                                                                     Time: 9:00 p.m. to 10:15
                                                                                      p.m.
                                                                                     Location: Fishing Pier,
                                                                                      Jones Beach State Park,
                                                                                      Wantagh, NY.
                                                                                      40[deg]35[min]7[sec] N/
                                                                                      073[deg]30[min]6[sec] W
                                                                                      (NAD 1983).
New York:
    7.42.................................  July 4th................................  Name: Dolan Family
                                                                                      Fireworks.
                                                                                     Sponsor: Mr. Charles F.
                                                                                      Dolan.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Cove Point,
                                                                                      Oyster Bay, NY.
New York:
    7.43.................................  July 4th................................  Name: City of Yonkers.
                                                                                     Sponsor: City of Yonkers,
                                                                                      NY.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Hudson River, a
                                                                                      barge approximately 335
                                                                                      yards northwest of Yonkers
                                                                                      Municipal Pier.
                                                                                      40[deg]56[min]14[sec] N/
                                                                                      073[deg]54[min]28[sec] W
                                                                                      (NAD 1983).
Massachusetts
    7.44.................................  July 4th................................  Name: Wellfleet Fireworks.
                                                                                     Sponsor: Wellfleet
                                                                                      Fireworks Committee.
                                                                                     Time: 8:00 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Indian Neck
                                                                                      Jetty, Wellfleet, MA.
                                                                                      41[deg]55[min]24[sec] N/
                                                                                      070[deg]02[min]06[sec] W
                                                                                      (NAD 1983).
Connecticut:
    7.45.................................  Weekend following July 4th..............  Name: Thames River
                                                                                      Fireworks.
                                                                                     Sponsor: Town of Groton.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Thames River, off
                                                                                      Electric Boat, Groton, CT.
New York:
    7.46.................................  A night during the Sec. nd or third        Name: Boys Harbor Fireworks
                                            weekend in July.                          Extravaganza.
                                                                                     Sponsor: Boys Harbor Inc.
                                                                                     Time: 9:00 p.m. to 10 p.m.
                                                                                     Location: Three Mile
                                                                                      Harbor, East Hampton, NY.
                                                                                      41[deg]15[min]N /
                                                                                      070[deg]11[min]91[sec] W
                                                                                      (NAD 1983).
Maine:
    7.47.................................  Third Saturday in July..................  Name: Belfast Fireworks.
                                                                                     Sponsor: Belfast Bay
                                                                                      Festival Committee.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Belfast Bay, ME.
                                                     August
----------------------------------------------------------------------------------------------------------------
New York:
    8.1..................................  Each Tuesday in August..................  Name: Staten Island Summer.
                                                                                     Sponsor: Borough of Staten
                                                                                      Island.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: New York Harbor,
                                                                                      Lower Bay--approximately
                                                                                      350 yards east of South
                                                                                      Beach, Staten Island.
                                                                                      40[deg]35[min]11[sec] N /
                                                                                      074[deg]03[min]42[sec] W
                                                                                      (NAD 1983)
New York:

[[Page 263]]

 
    8.2..................................  First Tuesday in August.................  Name: National Night Out
                                                                                      Against Crime.
                                                                                     Sponsor: National Night Out
                                                                                      Against Crime.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Atlantic Ocean, a
                                                                                      barge approximately 335
                                                                                      yards off Rockaway Beach
                                                                                      at 116th Street.
                                                                                      40[deg]34[min]29[sec] N /
                                                                                      073[deg]50[min]00[sec] W
                                                                                      (NAD 1983).
Connecticut:
    8.3..................................  A night during the First week of August.  Name: Summer Music
                                                                                      Fireworks.
                                                                                     Sponsor: Summer Music Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Niantic River,
                                                                                      Harkness Park, Waterford,
                                                                                      CT.
Massachusetts:
    8.4..................................  A night during the First weekend in       Name: Fall River Celebrates
                                            August.                                   America Fireworks.
                                                                                     Sponsor: Fall River Chamber
                                                                                      of Commerce.
                                                                                     Time: 9:15 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Taunton River,
                                                                                      vicinity of buoy 17, Fall River, MA
                                                                                      41[deg]43[min]4[sec] N /
                                                                                      071[deg]09[min]48[sec] W
                                                                                      (NAD 1983).
New York:
    8.5..................................  First Saturday in August................  Name: Peekskill Summerfest.
                                                                                     Sponsor: Charles Point
                                                                                      Business Association.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: Hudson River,
                                                                                      Peekskill Bay, a barge
                                                                                      approximately 500 yards
                                                                                      northeast of Peekskill Bay
                                                                                      South Channel Buoy 3 (LLNR
                                                                                      37955).
                                                                                      41[deg]17[min]16[sec] N /
                                                                                      073[deg]56[min]18[sec] W
                                                                                      (NAD 1983).
New York:
    8.6..................................  First and second Saturday in August.....  Name: City of Rensselaer.
                                                                                     Sponsor: City of
                                                                                      Rensselaer.
                                                                                     Time: 9:00 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Hudson River, a
                                                                                      barge approximately 500
                                                                                      yards south of the Dunn
                                                                                      Memorial Bridge (river
                                                                                      mile 145.4).
                                                                                      42[deg]38[min]23[sec] N /
                                                                                      073[deg]45[min]00[sec] W
                                                                                      (NAD 1983).
Connecticut:
    8.7..................................  A night during the First two weeks in     Name: Hartford Riverfront
                                            August.                                   Regatta.
                                                                                     Sponsor: Riverfront
                                                                                      Recapture Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Connecticut
                                                                                      River, Hartford, CT.
Connecticut:
    8.8..................................  A night during the Third week in August.  Name: Summer Music
                                                                                      Fireworks.
                                                                                     Sponsor: Summer Music Inc.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Niantic River,
                                                                                      Harkness Park, Waterford,
                                                                                      CT.
Massachusetts:
    8.9..................................  Last weekend in August..................  Name: Oaks Bluff Fireworks.
                                                                                     Sponsor: Oaks Bluff
                                                                                      Fireman's Civic
                                                                                      Association.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Oaks Bluff Beach,
                                                                                      Oaks Bluff, MA.
Connecticut:
    8.10.................................  Last Sunday in August...................  Name: Norwich Harbor Day
                                                                                      Fireworks.
                                                                                     Sponsor: Harbor Day
                                                                                      Committee.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Norwich Harbor,
                                                                                      off American, Wharf
                                                                                      Marina, Norwich, CT.
Massachusetts:
    8.11.................................  A night during Labor day weekend........  Name: Gloucester Fireworks.
                                                                                     Sponsor: Gloucester Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Gloucester
                                                                                      Harbor, Stage Fort,
                                                                                      Gloucester, MA.
Maine:
    8.12.................................  A night during Labor day weekend........  Name: Camden Fireworks
                                                                                      Display.
                                                                                     Sponsor: Town of Camden
                                                                                      Chamber of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Camden Harbor,
                                                                                      Camden, ME.

[[Page 264]]

 
                                                    September
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    9.1..................................  A night during Labor day weekend........  Name: Gloucester Fireworks.
                                                                                     Sponsor: Gloucester Chamber
                                                                                      of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Gloucester
                                                                                      Harbor, Stage Fort Park,
                                                                                      Gloucester, MA.
Maine:
    9.2..................................  A night during Labor day weekend........  Name: Camden Fireworks
                                                                                      Display.
                                                                                     Sponsor: Town of Camden
                                                                                      Chamber of Commerce.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Camden Harbor,
                                                                                      Camden, ME.
New York:
    9.3..................................  Labor Day...............................  Name: South Street Seaport
                                                                                      Labor Day.
                                                                                     Sponsor: South Street
                                                                                      Seaport Marketplace.
                                                                                     Time: 8:30 p.m. to 10:30
                                                                                      p.m.
                                                                                     Location: East River,
                                                                                      Manhattan, a barge
                                                                                      approximately 475 yards
                                                                                      south of the Brooklyn
                                                                                      Bridge.
                                                                                      40[deg]42[min]10[sec] N/
                                                                                      074[deg]00[min]01[sec] W
                                                                                      (NAD 1983).
New York:
    9.4..................................  First Saturday following Labor day......  Name: Grand Fiesta
                                                                                      Italiana.
                                                                                     Sponsor: Sons of Italy,
                                                                                      Port Washington, NY.
                                                                                     Time: 8:30 p.m. to 11:00
                                                                                      p.m.
                                                                                     Location: Hempstead Harbor,
                                                                                      a barge approximately 300
                                                                                      yards north of Bar Beach,
                                                                                      Port Washington, Long
                                                                                      Island.
                                                                                      40[deg]49[min]52[sec] N/
                                                                                      073[deg]39[min]10[sec] W
                                                                                      (NAD 1983).
Connecticut:
    9.5..................................  A night during the weekend following      Name: Taste of Italy.
                                            Labor day.                               Sponsor: Italian Heritage
                                                                                      Committee.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Norwich Harbor,
                                                                                      off Norwich Marina,
                                                                                      Norwich, CT.
                                                                                      41[deg]31[min]20[sec] N/
                                                                                      073[deg]04[min]83[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    9.6..................................  A night during the First weekend in       Name: Newport Salute to
                                            September.                                Summer.
                                                                                     Sponsor: Naval Education
                                                                                      and Training Center.
                                                                                     Time: 8:30 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Narragansett Bay,
                                                                                      East Passage, off Coasters
                                                                                      Harbor Island, New port,
                                                                                      RI. 41[deg]25[min]N/
                                                                                      071[deg]20[min]W (NAD
                                                                                      1983).
Connecticut:
    9.7..................................  First or second Saturday in September...  Name: Norwalk Oyster
                                                                                      Festival Fireworks.
                                                                                     Sponsor: Norwalk Seaport
                                                                                      Association.
                                                                                     Time: 8:00 p.m. to 10:00
                                                                                      p.m.
                                                                                     Location: Norwalk Harbor,
                                                                                      Norwalk, CT.
New York:
    9.8..................................  A night during the last two weekends in   Name: Cow Harbor Day
                                            September.                                Fireworks.
                                                                                     Sponsor: Village of
                                                                                      Northport Harbor.
                                                                                     Time: 8:00 p.m. to 10.00
                                                                                      p.m.
                                                                                     Location: Sand Pit,
                                                                                      Northport Harbor,
                                                                                      Northport, NY.
                                                     October
----------------------------------------------------------------------------------------------------------------
New York:
    10.1.................................  First Sunday in October.................  Name: Deepavali Festival.
                                                                                     Sponsor: Association of
                                                                                      Indians in America.
                                                                                     Time: 6:45 p.m. to 8:45
                                                                                      p.m.
                                                                                     Location: East River,
                                                                                      Manhattan, a barge
                                                                                      approximately 200 yards
                                                                                      east of Pier 16.
                                                                                      40[deg]42[min]12.5[sec] N/
                                                                                      074[deg]00[min]02[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    10.2.................................  A night during the second weekend of      Name: Yarmouth Seaside
                                            October.                                  Festival Fireworks.
                                                                                     Sponsor: Yarmouth Seaside
                                                                                      Festival.
                                                                                     Time: 8:00 p.m. to 9:00
                                                                                      p.m.
                                                                                     Location: Seagull Beach, W.
                                                                                      Yarmouth, MA
                                                                                      41[deg]38[min]06[sec] N/
                                                                                      070[deg]13[min] 13[sec] W
                                                                                      (NAD 1983).

[[Page 265]]

 
                                                    December
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    12.1.................................  December 31st...........................  Name: First Night
                                                                                      Fireworks.
                                                                                     Sponsor: First Night Inc.
                                                                                     Time: 11:45 p.m. to 12:30
                                                                                      a.m.
                                                                                     Location: Center of Boston
                                                                                      Inner Harbor, Boston, MA
                                                                                      42[deg]21[min]42.4[sec] N/
                                                                                      071[deg]02[min]36.5[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    12.2.................................  December 31st...........................  Name: First Night Martha's
                                                                                      Vineyard.
                                                                                     Sponsor: Town of Martha's
                                                                                      Vineyard Chamber of
                                                                                      Commerce.
                                                                                     Time: 10:00 p.m. to 12:30
                                                                                      a.m.
                                                                                     Location: Vineyard Haven
                                                                                      Harbor, Martha's Vineyard,
                                                                                      MA 41[deg]27[min]6[sec] N/
                                                                                      070[deg]35[min]8[sec] W
                                                                                      (NAD 1983).
Massachusetts:
    12.3.................................  December 31st...........................  Name: City of New Bedford
                                                                                      First Night.
                                                                                     Sponsor: City of New
                                                                                      Bedford.
                                                                                     Time: 11:45 p.m. to 12:30
                                                                                      a.m.
                                                                                     Location: New Bedford
                                                                                      Harbor, New Bedford, MA
                                                                                      41[deg]38[min].2[sec] N/
                                                                                      070[deg]55[min]0[sec] W
                                                                                      (NAD 1983).
Connecticut:
    12.4.................................  December 31st...........................  Name: First night Mystic.
                                                                                     Sponsor: Mystic Community
                                                                                      Center.
                                                                                     Time: 11:45 p.m. to 12:30
                                                                                      a.m.
                                                                                     Location: Mystic River,
                                                                                      Mystic, CT.
New York:
    12.5.................................  December 31st...........................  Name: South Street Seaport
                                                                                      New Year's Eve.
                                                                                     Sponsor: South Street
                                                                                      Seaport Marketplace.
                                                                                     Time: 11:00 p.m. to 1:00
                                                                                      a.m.
                                                                                     Location: East River,
                                                                                      Manhattan, a barge
                                                                                      approximately 475 yards
                                                                                      south of the Brooklyn
                                                                                      Bridge.
                                                                                      40[deg]42[min]10[sec] N/
                                                                                      074[deg]00[min]01[sec] W
                                                                                      (NAD 1983).
New York:
    12.6.................................  December 31st...........................  Name: First Night New York
                                                                                      City
                                                                                     Sponsor: Grand Central
                                                                                      Partnership.
                                                                                     Time: 11:00 p.m. to 1:00
                                                                                      a.m.
                                                                                     Location: Hudson River,
                                                                                      Manhattan, a barge
                                                                                      approximately 450 yards
                                                                                      southwest of the entrance
                                                                                      to North Cove Yacht
                                                                                      Harbor.
                                                                                      40[deg]42[min]39[sec] N/
                                                                                      074[deg]01[min]19[sec] W
                                                                                      (NAD 1983).
Rhode Island:
    12.7.................................  December 31st...........................  Name: Newport Fireworks.
                                                                                     Sponsor: Newport Cultural
                                                                                      Commission.
                                                                                     Time: 11:00 p.m. to 1:00
                                                                                      a.m.
                                                                                     Location:
                                                                                      41[deg]28[min]48[sec] N/
                                                                                      071[deg]20[min]18[sec] W
                                                                                      (NAD 1983).
----------------------------------------------------------------------------------------------------------------

    (b) Special local regulations. (1) No person or vessel may enter, 
transit, or remain within the regulated area during the effective period 
of regulation unless authorized by the Coast Guard patrol commander.
    (2) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel

[[Page 266]]

operators of this regulation and other applicable laws.
    (c) Effective dates. This rule is in effect from one hour before the 
scheduled start of the event until thirty minutes after the last 
firework is exploded for each event listed in the Table. For those 
events listed without a specific time or date, an annual Federal 
Register document will be published indicating event dates and times.

[CGD01-99-009, 64 FR 34544, June 28, 1999; CGD01-99-009, 65 FR 37583, 
July 12, 1999, as amended by USCG-2000-7223, 65 FR 40055, June 29, 2000; 
GCD01-05-012, 70 FR 43764, July 29, 2005]



Sec. 100.116  Swim Buzzards Bay Day, New Bedford, MA.

    (a) Regulated Area. All waters of the Acushnet River, within 200 
feet of participating swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this section and other applicable laws.
    (c) Effective period. This section is in effect annually on one day 
during the last week of July or first week in August. Actual dates and 
time will be published in a Federal Register document.

[CGD01-96-015, 63 FR 37249, July 10, 1998]



Sec. 100.118  Searsport Lobster Boat Races, Searsport Harbor, ME.

    (a) Regulated Area. The regulated area includes all waters of 
Searsport Harbor, ME, within the following points (NAD 83):

44[deg]26[min]51[sec] N              068[deg]54[min]20[sec] W
44[deg]27[min]03[sec] N              068[deg]54[min]20[sec] W
44[deg]27[min]03[sec] N              068[deg]55[min]17[sec] W
44[deg]26[min]51[sec] N              068[deg]55[min]17[sec] W
 

    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is in effect on August 24, 1996, 
and each year thereafter on the fourth Saturday in August. If the event 
is canceled due to weather, this section is effective the following day.

[CGD 01-96-022, 61 FR 59024, Nov. 20, 1996]



Sec. 100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI

    (a) Regulated area. The regulated area includes all waters of 
Narragansett

[[Page 267]]

Bay, Newport, RI, within the following points (NAD 83):

41[deg]27[min]51[sec] N              071[deg]22[min]14[sec] W
41[deg]27[min]24[sec] N              071[deg]21[min]57[sec] W
41[deg]27[min]09[sec] N              071[deg]22[min]39[sec] W
41[deg]27[min]36[sec] N              072[deg]22[min]55[sec] W
 


In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83):

41[deg]26[min]04[sec] N              071[deg]22[min]16[sec] W
41[deg]25[min]36[sec] N              071[deg]21[min]58[sec] W
41[deg]25[min]45[sec] N              071[deg]22[min]40[sec] W
41[deg]25[min]49[sec] N              071[deg]22[min]56[sec] W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective date. This section is in effect on June 21, 1996, from 
10:00 a.m. to 3:30 p.m., and biennially thereafter on a date and times 
published in a Federal Register document.

[CGD01-96-025, 61 FR 32332, June 24, 1996]



Sec. 100.120  Special Local Regulations: Greenwood Lake Powerboat Classic, Greenwood Lake, New Jersey.

    (a) Regulated area. All waters of Greenwood Lake, New Jersey north 
of 41[deg]08[min] N and south of 41[deg]09[min] N (NAD 1983). The 
shoreline comprises the eastern and western boundaries.
    (b) Special local 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 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.
    (c) Effective period. This section is in effect annually on Saturday 
and Sunday from 10 a.m. until 7 p.m. on the first weekend before 
Memorial Day weekend.

[CGD01-98-125, 64 FR 8000, Feb. 18, 1999]



Sec. 100.121  Hudson Valley Triathlon, Hudson River, Kingston, New York.

    (a) Regulated Area. All waters of the Hudson River within a 1000 
yard radius of approximate position 41[deg]56[min]06[sec] N 
073[deg]57[min]57[sec] W (NAD 1983). This area encompasses approximately 
1,800 yards of Kingston Point Reach, from just south of Lighted Buoy 74 
(LLNR 38285) north to Lighted Buoy 77 (LLNR 38300).
    (b) Regulations. (1) Vessels, swimmers, and personal watercraft of 
any nature not participating in this event 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 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.

[[Page 268]]

    (c) Effective period. This section is in effect annually from 7 a.m. 
until 9 a.m. on the first Sunday after July 4th.

[CGD01-98-155, 64 FR 28101, May 25, 1999]



Sec. 100.122  Fleet's Albany Riverfest, Hudson River, New York.

    (a) Regulated Area. All waters of the Hudson River from the Dunn 
Memorial Bridge (river mile 145.4) to the Albany Rensselaer Swing Bridge 
(river mile 146.2).
    (b) Regulations. (1) Vessels, swimmers, and personal watercraft of 
any nature not participating in this event are prohibited from entering 
or moving within the regulated area unless authorized by the Patrol 
Commander.
    (2) Marine traffic will be able to transit through the regulated 
area for 30 minutes during the event. Public notifications for the 
transit time will be made prior to the event via the Local Notice to 
Mariners and marine information broadcasts.
    (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. 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.
    (c) Effective period. This section is in effect annually from 12 
p.m. until 4 p.m. on the third Saturday and Sunday of July.

[CGD01-98-163, 64 FR 28099, May 25, 1999]



Sec. 100.501  Norfolk Harbor, Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia.

    (a) Definitions--(1) Regulated area. The waters of the Elizabeth 
River and its branches from shore to shore, bounded to the northwest by 
a line drawn across the Port Norfolk Reach section of the Elizabeth 
River between the northern corner of the landing at Hospital Point, 
Portsmouth, Virginia, latitude 36[deg]50[min]51.0[sec] North, longitude 
76[deg]18[min]09.0[sec] West and the north corner of the City of Norfolk 
Mooring Pier at the foot of Brooks Avenue located at latitude 
36[deg]51[min]00.0[sec] North, longitude 76[deg]17[min]52.0[sec] West; 
bounded on the southwest by a line drawn from the southern corner of the 
landing at Hospital Point, Portsmouth, Virginia, at latitude 
36[deg]50[min]50.0[sec] North, longitude 76[deg]18[min]10.0[sec] West, 
to the northern end of the eastern most pier at the Tidewater Yacht 
Agency Marina, located at latitude 36[deg]50[min]29.0[sec] North, 
longitude 76[deg]17[min]52.0[sec] West; bounded to the south by a line 
drawn across the Lower Reach of the Southern Branch of the Elizabeth 
River, between the Portsmouth Lightship Museum located at the foot of 
London Boulevard, in Portsmouth, Virginia at latitude 
36[deg]50[min]10.0[sec] North, longitude 76[deg]17[min]47.0[sec] West, 
and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley 
Plant, Pier No. 1, located at latitude 36[deg]50[min]08.0[sec] North, 
longitude 76[deg]17[min]39.0[sec] West; and to the southeast by the 
Berkley Bridge which crosses the Eastern Branch of the Elizabeth River 
between Berkley at latitude 36[deg]50[min]21.5[sec] North, longitude 
76[deg]17[min]14.5[sec] West, and Norfolk at latitude 
36[deg]50[min]35.0[sec] North, longitude 76[deg]17[min]10.0[sec] West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a Coast Guard commissioned, warrant, or petty officer who has been 
designated by Commander, Coast Guard Group, Hampton Roads.
    (b) Special local regulations. (1) Except for participants 
registered with the event sponsor and vessels that are moored to a pier, 
dock or shore, no person or vessel may enter or remain in the regulated 
area without permission of the Coast Guard Patrol Commander.
    (2) The operator of any vessel in the regulated areas shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant or petty officer on board a vessel 
displaying a Coast Guard ensign; or
    (ii) Proceed as directed by any Coast Guard commissioned, warrant or 
petty officer.
    (3) Spectator vessels may anchor outside the regulated area 
specified in paragraph (a)(1) of this section, but may not block the 
channel.
    (4) The Coast Guard Patrol Commander may stop the event to assist 
the transit of marine traffic through the regulated area.

[[Page 269]]

    (5) Vessels anchored in the special anchorage areas described in 
Sec. 110.72aa(a) of this title may remain in the regulated area without 
the permission of the Patrol Commander.
    (c) Effective periods. This section is effective annually for the 
duration of each marine event listed in Table 1, or as otherwise 
specified in the Coast Guard Local Notice to Mariners and a Federal 
Register notice. The Coast Guard Patrol Commander will announce by 
Broadcast Notice to Mariners the specific time periods during which the 
regulations will be enforced.

                        Table 1 of Sec. 100.501

Harborfest
    Sponsor: Norfolk Harborfest, Inc.
    Date: First Friday, Saturday, and Sunday in June
Great American Picnic
    Sponsor: Festevents, Inc.
    Date: July 4
Cock Island Race
    Sponsor: Ports Events, Inc.
    Date: Third Saturday in June
Rendezvous at Zero Mile Marker
    Sponsor: Ports Events, Inc.
    Date: Third Saturday in August
U.S. Navy Fleet Week Celebration
    Sponsor: U.S. Navy
    Date: Sec. nd Friday in October
Holidays in the City
    Sponsor: Festevents, Inc.
    Date: Fourth Saturday in November
New Years Eve Fireworks Display
    Sponsor: Festevents, Inc.
    Date: December 31

[CGD 05-87-27, 52 FR 19725, May 27, 1987, as amended by CGD 05-88-12, 53 
FR 20320, June 3, 1988; CGD 05-89-03, 54 FR 6392, Feb. 10, 1989; CGD 05-
97-007, 62 FR 46670, Sept. 4, 1997; CGD05-04-024, 69 FR 43744, July 22, 
2004]



Sec. 100.502  Barnegat Bay Classic, Barnegat Bay, Toms River, New Jersey.

    (a) Definitions. (1) Regulated Area. The waters of Barnegat Bay 
bounded by a line connecting the following points:

39[deg]49[min]16.0[sec] N.           74[deg]08[min]43.0[sec] W.
39[deg]49[min]16.0[sec] N.           74[deg]06[min]10.0[sec] W.
39[deg]53[min]15.0[sec] N.           74[deg]06[min]10.0[sec] W.
39[deg]53[min]15.0[sec] N.           74[deg]07[min]19.0[sec] W.
39[deg]50[min]59.0[sec] N.           74[deg]07[min]19.0[sec] W.
 

    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Atlantic City.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the times and dates that 
this section is in effect.

[CGD 05-89-13, 54 FR 32442, Aug. 8, 1989, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 100.504  Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ.

    (a) Regulated area. The waters of Great Egg Harbor Bay and Beach 
Thorofare from Intracoastal Waterway Light 275 (LLNR 36045) northward 
along the entire width of the Intracoastal Waterway to the 9th Street 
Bridge, thence northeastward along the Ocean City Waterfront to the Long 
Port-Ocean City Bridge, thence northward along the Long Port-Ocean City 
Bridge to the northern shore, thence westward to Ships Channel Buoy 6 
(LLNR 1350), thence southward to Intracoastal Waterway Light 252 (LLNR 
35980), thence southwestward to the 9th Street Bridge.
    (b) Effective period. This regulation will be effective from 4:30 
p.m. to 11:45 p.m. annually on the fourth Saturday in July unless 
otherwise specified in the Coast Guard Local Notice to Mariners and a 
Federal Register Notice.
    (c) Special local regulations. (1) All persons or vessels not 
registered with sponsor as participants or not part of

[[Page 270]]

the regatta patrol are considered spectators.
    (2) No person or vessel may enter or remain in the regulated area 
unless participating in the event, or authorized to be there by the 
sponsor or Coast Guard patrol personnel.
    (3) Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility within the regulated 
area prior to the start of the parade in such a way that they shall not 
interfere with mariners transiting Great Egg Harbor Bay. The spectator 
fleet shall be held behind buoys or committee boats provided by the 
sponsor in the following areas:
    (i) Northwestward of a line marked by a patrol vessel in position 39 
degrees 17 minutes 45 seconds North latitude; 074 degrees 33 minutes 45 
seconds West longitude to the 9th Street Route 52 Bridge in Ocean City, 
New Jersey, including Great Egg Waterway Red Buoy No. 2, but shall not 
extend northwestward of the Great Egg Waterway Point Buoy.
    (ii) Westward of a line of buoys between Great Egg Waterway Buoys 10 
and 14.
    (iii) Within the area around the shoals and islands in Beach 
Thorofare between Great Egg Waterway Buoys 15 and 21. This area shall at 
no point be closer that 150 yards from the line of bulkheads and lagoon 
entrances in Ocean City, New Jersey.
    (4) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-08, 50 FR 29222, July 18, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGD 96-052, 62 FR 16702, Apr. 8, 
1997; CGD 05-99-016, 64 FR 55830, Oct. 15, 1999]



Sec. 100.505  New Jersey Offshore Grand Prix.

    (a) Regulated area. The Manasquan River from the New York and Long 
Branch Railroad to Manasquan Inlet, together with all of the navigable 
waters of the United States from Asbury Park, New Jersey, latitude 40 
degrees, 14 minutes north; southward to Seaside Park, New Jersey 
latitude 39 degrees, 55 minutes north, from the New Jersey shoreline 
seaward to the limits of the Territorial Sea. The race course area 
extends from Asbury Park to Seaside Park from the shoreline, seaward to 
a distance of 8.4 nautical miles.
    (b) Effective Period: This section is effective annually on the 
third Wednesday in July. If the event is canceled due to weather, this 
section is effective the following day. The Coast Guard Patrol Commander 
will announce by Broadcast Notice to Mariners the specific time periods 
during which the regulations will be enforced.
    (c) Special local regulations. (1) The regulated area shall be 
closed intermittently to general navigation during the effective period. 
No person or vessel may enter or remain in the regulated area while it 
is closed unless participating in the event or authorized by the sponsor 
or regatta patrol personnel.
    (2) All persons or vessels not registered with sponsor as 
participants or not part of the regatta patrol are considered 
spectators.
    (3) The spectator fleet shall be held in spectator anchorage areas 
marked by patrol vessels. The sponsor provided boats shall fly colored 
pennants to aid in their identification. Spectator anchorages areas are 
established as follows:
    (i) Asbury Park, NJ south to Manasquan Inlet, NJ. The spectator 
fleet will be held behind (west of) a line running north to south from 
the Asbury Park Convention Center to the north jetty at Manasquan Inlet. 
At the Asbury Park Convention Center the spectator fleet shall be held 
behind a line north of the Convention Center Pier. These lines will be 
set up by the Coast Guard Patrol Commander on the day of the race.
    (ii) Seaside Heights. The spectator fleet shall be held behind a 
line south

[[Page 271]]

of the Seaside Funtown Pier. This line shall be set by the Coast Guard 
Patrol Commander on the day of the race.
    (4) No spectator, press or commercial fishing boats shall cross the 
race course without the permission of the Patrol Commander. Those 
vessels wishing to cross the race course shall obtain permission to do 
so by contacting the nearest Coast Guard patrol vessel.
    (5) No vessel shall proceed at a speed greater than six (6) knots 
while in Manasquan Inlet during the effective period.
    (6) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-19, 50 FR 28574, July 15, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGDO1-96-016, 61 FR 26105, May 24, 
1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997; CGD 05-98-006, 63 FR 39236, 
July 22, 1998]



Sec. 100.506  Fireworks Displays, Chester River, Kent Island Narrows, Maryland.

    (a) Definitions:
    (1) Regulated Area. The regulated area is defined as the waters of 
the Chester River enclosed within the arc of a circle with a radius of 
150 yards and with its center located at latitude 38[deg]58[min]36[sec] 
N, longitude 076[deg]14[min]18[sec] W. All coordinates reference Datum 
NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (3) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (b) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates: This section is effective annually from 8:30 
p.m. on July 4 until 9:30 p.m. on July 5 and from 8:30 p.m. on the first 
Sunday in September until 9:30 p.m. on the following day.
    (d) Enforcement Times: It is expected that this section will be 
enforced annually from 8:30 p.m. to 9:30 p.m. on July 4 and on the first 
Sunday in September. However, if the event is postponed due to inclement 
weather, then this section will be enforced the next day. Notice of the 
enforcement time will be given via Marine Safety Radio Broadcast on VHF-
FM marine band radio, Channel 22 (157.1 MHz).

[CGD05-00-044, 66 FR 41138, Aug. 7, 2001]



Sec. 100.507  Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland.

    (a) Definitions--(1) Regulated Area: The waters of the Chesapeake 
Bay between and adjacent to the spans of the William P. Lane Jr. 
Memorial Bridge shore to shore 500 yards north of the north span of the 
bridge from the western shore at latitude 39[deg]00[min]36[sec] North, 
longitude 76[deg]23[min]05[sec] West and the eastern shore at latitude 
38[deg]59[min]14[sec] North, longitude 76[deg]20[min]00[sec] West, and 
500 yards sough of the south span of the bridge from the western shore 
at latitude 39[deg]00[min]16[sec] North, longitude 76[deg]24[min]30[sec] 
West and the eastern shore at latitude 38[deg]58[min]38.5[sec] North, 
longitude 76[deg]20[min]06[sec] West.
    (2) The Coast Guard Patrol Commander: The Coast Guard Patrol 
Commander is a commissioned, warrant, or petty officer who has been 
designated by the Commander, Coast Guard Activities Baltimore.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:

[[Page 272]]

    (i) Stop the operator's vessel immediately upon being directed to do 
so by any commissioned, warrant or petty officer on board a vessel 
displaying a Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer.
    (c) Effective period. This section is effective during the 
Chesapeake Bay Bridges Swim, and for one hour before the event starts. 
The Commander, Fifth Coast Guard District publishes a notice in the 
Federal Register and the Fifth Coast Guard District Local Notice to 
Mariners that announces the time and dates that the section is in 
effect.

[CGD 05-88-19, 53 FR 21997, June 13, 1988, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 100.508  Hampton River, Hampton, Virginia.

    (a) Definitions--(1) Regulated Area: The waters of Sunset Creek and 
Hampton River shore to shore bounded to the north by the C & O Railroad 
Bridge and to the south by a line drawn from Hampton River Channel Light 
16 (LL 5715), located at latitude 37[deg]01[min]03.0[sec] North, 
longitude 76[deg]20[min]26.0[sec] West, to the finger pier across the 
river at Fisherman's Wharf, located at latitude 37[deg]01[min]01.5[sec] 
North, longitude 76[deg]20[min]32.0[sec] West.
    (2) Spectator Vessel Anchorage Areas--(i) Area A. Located in the 
upper reaches of the Hampton River, bounded to the south by a line drawn 
from the western shore at latitude 37[deg]01[min]48.0[sec] North, 
longitude 76[deg]20[min]22.0[sec] West, across the river to the eastern 
shore at latitude 37[deg]01[min]44.0[sec] North, longitude 
76[deg]20[min]13.0[sec] West, and to the north by the C & O Railroad 
Bridge. The anchorage area will be marked by orange buoys.
    (ii) Area B. Located on the eastern side of the channel, in the 
Hampton River, south of the Queen Street Bridge, near the Bayberry 
Psychiatric Hospital. Bounded by the shoreline and a line drawn between 
the following points: Latitude 37[deg]01[min]26.0[sec] North, longitude 
76[deg]20[min]24.0[sec] West, latitude 37[deg]01[min]22.0[sec] North, 
longitude 76[deg]20[min]26.0[sec] West, and latitude 
37[deg]01[min]22.0[sec] North, longitude 76[deg]20[min]23.0[sec] West. 
The anchorage area will be marked by orange buoys.
    (3) Coast Guard Patrol Commander: The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Hampton Roads.
    (b) Special Local Regulations--(1) Except for vessels operated by 
Bay Days, Inc., participants in the Hampton Bay Days Festival, and as 
provided in paragraph (b)(2) of this section; no person or vessel may 
enter or remain in the regulated area without the permission of the 
Coast Guard Patrol Commander.
    (2) Spectator vessels may enter and anchor in the special spectator 
anchorage areas described in paragraph (a)(2) of this section without 
the permission of the Patrol Commander, if they proceed at a slow, no 
wake speed while in the regulated area.
    (3) Vessels less than 20 meters long may anchor in the special 
anchorage areas described in paragraph (a)(2) of this section without 
exhibiting the anchor lights and shapes required by Inland Navigation 
Rule 30, 33 U.S.C. 2030.
    (4) The operator of any vessel in the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant, or petty officer on board a vessel 
displaying a Coast Guard ensign.
    (ii) Proceed as directed by any Coast Guard commissioned, warrant, 
or petty officer.
    (c) Effective period: This section is effective during Hampton Bay 
Days Festival events, and or one hour before each event starts and one 
hour after each event ends. The Commander, Fifth Coast Guard District 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
this section is in effect.

[CGD 05-88-32, 53 FR 35070, Sept. 9, 1988]



Sec. 100.509  Delaware River, Philadelphia, Pennsylvania.

    (a) Definitions:
    (1) Regulated Area: The waters of the Delaware River from shore to 
shore, bounded to the south by the Walt Whitman Bridge and bounded to 
the north by the Benjamin Franklin Bridge.

[[Page 273]]

    (2) The Coast Guard Patrol Commander: The Coast Guard Patrol 
Commander is a commissioned, warrant, or petty officer of the Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Philadelphia.
    (b) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of these regulations but may not block a 
navigable channel.
    (c) Effective Period: This section is effective annually for the 
duration of each marine event listed in Table 1, or as otherwise 
specified in the Coast Guard Local Notice to Mariners and a Federal 
Register notice. The Coast Guard Patrol Commander will announce by 
Broadcast Notice to Mariners the specific time periods during which the 
regulations will be enforced.

                        Table 1 of Sec. 100.509

                       Welcome America Celebration

Sponsor: Welcome America!
Date: On or about July 4

                        Columbus Day Celebration

Sponsor: Roberts Event Group
Date: On or bout Columbus Day

                       New Year's Eve Celebration

Sponsor: City of Philadelphia
Date: December 31

[CGD 05-88-35, 54 FR 29677, Aug. 8, 1988, as amended by CGD 05-98-002, 
63 FR 42580, Aug. 10, 1998]



Sec. 100.510  Susquehanna River, Havre de Grace, Maryland.

    (a) Definitions--(1) Regulated area. The waters of the Susquehanna 
River west of Garrett Island, bounded on the south by the Conrail 
Railroad Bridge centered at latitude 39[deg]33[min]16.5[sec] North, 
longitude 76[deg]05[min]07.0[sec] West; and on the north by the B&O 
Railroad Bridge centered at latitude 39[deg]34[min]05.0[sec] North, 
longitude 76[deg]05[min]20.0[sec] West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Group Baltimore.
    (b) Special local regulations. (1) Except for vessels operated by 
the Susquehanna Optimist Club and participants in the Optimist Club 
Power Boat Regatta, no person or vessel may enter or remain in the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (2) Spectator vessels may enter and anchor in the special spectator 
anchorage areas described in paragraph (c) of this section without the 
permission of the Patrol Commander, if they proceed at a slow no wake 
speed while in the regulated area.
    (3) The operator of any vessel in the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant, or petty officer on board a vessel 
displaying a Coast Guard ensign.
    (ii) Proceed as directed by any Coast Guard commissioned, warrant, 
or petty officer.
    (c) Spectator Vessel Anchorage Areas--(1) Anchorage Area A. The 
waters bounded by a line connecting the following points:

39[deg]33[min]28.0[sec] N            76[deg]05[min]13.0[sec] W
39[deg]33[min]28.0[sec] N            76[deg]05[min]16.0[sec] W
39[deg]33[min]22.5[sec] N            76[deg]05[min]16.0[sec] W
39[deg]33[min]19.0[sec] N            76[deg]05[min]24.0[sec] W
39[deg]33[min]16.0[sec] N            76[deg]05[min]24.0[sec] W
39[deg]33[min]20.0[sec] N            76[deg]05[min]13.0[sec] W
 

    (2) Anchorage Area B: The waters bounded by a line connecting the 
following points:

39[deg]33[min]30.0[sec] N           76[deg]05[min]13.0[sec] W
39[deg]33[min]52.0[sec] N           76[deg]05[min]28.0[sec] W
39[deg]33[min]51.0[sec] N           76[deg]05[min]28.0[sec] W
39[deg]33[min]28.0[sec] N           76[deg]05[min]16.0[sec] W
 

    (3) Anchorage Area C: The waters bounded by a line connecting the 
following points:

39[deg]33[min]52.0[sec] N            76[deg]05[min]30.0[sec] W
39[deg]34[min]00.0[sec] N            76[deg]05[min]30.0[sec] W
39[deg]33[min]56.0[sec] N            76[deg]05[min]39.0[sec] W
 


[[Page 274]]

    (d) Effective period: The Commander, Fifth Coast Guard District, 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
this section is in effect.

[CGD 05-88-57, 54 FR 12191, Mar. 24, 1989]



Sec. 100.511  Approaches to Annapolis Harbor, Spa Creek, and Severn River, Annapolis, Maryland.

    (a) Definitions--(1) Regulated area. The approaches to Annapolis 
Harbor, the waters of Spa Creek, and the Severn River, shore to shore, 
bounded on the south by a line drawn from Carr Point, at latitude 
38[deg]58[min]58.0[sec] North, longitude 76[deg]27[min]40.0[sec] West, 
thence to Horn Point Warning Light (LLNR 17935), at 
38[deg]58[min]24.0[sec] North, longitude 76[deg]28[min]10.0[sec] West, 
thence to Horn Point, at 38[deg]58[min]20.0[sec] North, longitude 
76[deg]28[min]27.0[sec] West, and bounded on the north by the State 
Route 450 Bridge.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (b) Special local regulations--(1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section but may not block a navigable 
channel.
    (c) Effective period. The Commander, Fifth Coast Guard District, 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
that the section is in effect.

[CGD 05-89-06, 54 FR 22438, May 24, 1989, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 100.512  Chesapeakeman Ultra Triathlon, Choptank River, Cambridge, MD.

    (a) Regulated area. The regulated area includes all waters of the 
Choptank River within 200 yards either side of a line drawn 
northwesterly from a point on the shoreline at latitude 
38[deg]33[min]45[sec] N, 076[deg]02[min]38[sec] W, thence to latitude 
38[deg]35[min]06[sec] N, 076[deg]04[min]42[sec] W, a position located at 
Great Marsh Park, Cambridge, MD. All coordinates reference Datum NAD 
1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sec. or Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sec. or Baltimore with a commissioned, warrant, or 
petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all persons participating in the 
Chesapeakeman Ultra Triathlon swim under the auspices of the Marine 
Event Permit issued to the event sponsor and approved by Commander, 
Coast Guard Sec. or Baltimore.
    (c) Special local regulations. (1) Except for event participants and 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the swim course.
    (d) Enforcement period. This section will be enforced annually from 
6:30 a.m. to 2:30 p.m. on the last Saturday in September.

[CGD05-06-069, 71 FR 51754, Aug. 31, 2006]

[[Page 275]]



Sec. 100.513  Wrightsville Channel, Wrightsville Beach, North Carolina.

    (a) Definitions--(1) Regulated area. The waters of, and adjacent to, 
Wrightsville Channel, from Wrightsville Channel Daybeacon 14 (LLNR 
28040), located at 34[deg]12[min]18.0[min][min] N., longitude 
77[deg]48[min]10.0[min][min] W., to Wrightsville Channel Daybeacon 25 
(LLNR 28080), located at 34[deg]12[min]51.0[min][min] N., longitude 
77[deg]48[min]53.0[min][min] W.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Fort Macon.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times this 
section is in effect.

[CGD 05-89-81, 54 FR 39730, Sept. 28, 1989]



Sec. 100.514  Fourth of July Fireworks Display; Parker Island, Little Egg Harbor, New Jersey.

    (a) Definitions--(1) Regulated Area. The waters of Little Egg Harbor 
bounded by the arc of a circle with a radius of 1,000 feet and with its 
center located at latitude 39[deg]34[min]18.0[sec] North, longitude 
74[deg]14[min]43.0[sec] West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Group Cape May, New Jersey.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times that 
this section is in effect.

[CGD 05-89-10, 54 FR 25850, June 20, 1989]



Sec. 100.515  Patapsco River, Baltimore, Maryland.

    (a) Definitions--(1) Regulated area. The waters of the Patapsco 
River bounded by the arc of a circle with a radius of 1,000 feet and 
with its center located at latitude 39[deg]15[min]44.5[sec] North, 
longitude 76[deg]34[min]40.0[sec] West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Activities Baltimore.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.

[[Page 276]]

    (3) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times this 
section is in effect.

[CGD 05-89-17, 54 FR 30035, July 18, 1989, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 100.517  Atlantic Ocean, Ocean City, MD.

    (a) Definitions:
    (1) Regulated area. The waters of the Atlantic Ocean commencing at a 
point on the shoreline at latitude 38[deg]25[min]42[sec] North, 
longitude 75[deg]05[min]06[sec] West; thence east southeast to latitude 
38[deg]25[min]30[sec] North, longitude 75[deg]02[min]12[sec] West; 
thence south southwest parallel to the Ocean City shoreline to latitude 
38[deg]19[min]12[sec] North, longitude 75[deg]03[min]48[sec] West; 
thence west northwest to the shoreline at latitude 38[deg]19[min]30[sec] 
North, longitude 75[deg]05[min]00[sec] West.
    (2) Coast Guard patrol commander. The Coast Guard Patrol Commander 
will be a commissioned, warrant, or petty officer who will be designated 
by the Commander, Coast Guard Activities Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective period. The Commander, Fifth Coast Guard District will 
publish a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
that this section is in effect.

[CGD 05-94-017, 59 FR 47539, Sept. 16, 1994, as amended by USCG-2000-
7223, 65 FR 40056, June 29, 2000]



Sec. 100.518  Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, Maryland.

    (a) Regulated area. (1) The regulated area is established for the 
waters of the Severn River from shoreline to shoreline, bounded to the 
northwest by a line drawn from the south shoreline at latitude 
39[deg]00[min]38.9[sec] N., longitude 076[deg]31[min]05.2[sec] W. thence 
to the north shoreline at latitude 39[deg]00[min]54.7[sec] N., longitude 
076[deg]30[min]44.8[sec] W., this line is approximately 1300 yards 
northwest of the U.S. 50 fixed highway bridge. The regulated area is 
bounded to the southeast by a line drawn from the Naval Academy Light at 
latitude 38[deg]58[min]39.5[sec] N., longitude 076[deg]28[min]49[sec] W. 
thence southeast to a point 700 yards east of Chinks Point, MD at 
latitude 38[deg]58[min]1.9[sec] N., longitude 076[deg]28[min]1.7[sec] W. 
thence northeast to Greenbury Point at latitude 38[deg]58[min]29[sec] 
N., longitude 076[deg]27[min]16[sec] W. All coordinates reference Datum 
NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Activities Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Enforcement period. (1) This section will be enforced from 5 
a.m. to 6

[[Page 277]]

p.m. on days when the following events are held:
    (i) Safety at Sea Seminar, held on the fourth Saturday in March;
    (ii) Naval Academy Crew Races held on the last weekend in March and 
every weekend in April and May;
    (iii) Blue Angels Air Show, held on the fourth Tuesday and Wednesday 
in May.
    (2) Should the event's daily activities conclude prior to 6 p.m., 
enforcement of this section may be terminated for that day at the 
discretion of the Coast Guard Patrol Commander.
    (3) The Commander, Fifth Coast Guard District will publish a notice 
in the Fifth Coast Guard District Local Notice to Mariners announcing 
the specific event dates and times. Notice will also be made via marine 
Safety Radio Broadcast on VHF-FM marine band radio channel 22 (157.1 
MHz).

[CGD 05-93-053, 58 FR 57741, Oct. 27, 1993, as amended by USCG-2000-
7223, 65 FR 40056, June 29, 2000; CGD05-04-196, 70 FR 10888, Mar. 7, 
2005; CGD05-06-007, 71 FR 18215, Apr. 11, 2006; CGD05-07-001, 72 FR 
12741, Mar. 19, 2007]



Sec. 100.519  Assateague Channel, Chincoteague, Virginia.

    (a) Definitions: (1) Regulated area. The waters of Assateague 
Channel from shoreline to shoreline, bounded to the east by a line drawn 
from latitude 37[deg]55[min]01[sec] North, longitude 
75[deg]22[min]40[sec] West, to latitude 37[deg]54[min]50[sec] North, 
longitude 75[deg]22[min]46[sec] West, and to the west by a line drawn 
from latitude 37[deg]54[min]54.0[sec] North, longitude 
75[deg]23[min]00[sec] West, to latitude 37[deg]54[min]49[sec] North, 
longitude 75[deg]22[min]49[sec] West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard SFO Eastern Shore.
    (b) Special local regulations. (1) Except for participants 
registered with the event sponsor and vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area without the permission of the Patrol Commander.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately when directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) The Coast Guard Patrol Commander may allow vessels to transit 
the regulated area up until the ponies are ready to enter the water.
    (4) Vessel operators are advised to remain clear of the advisory 
area during the effective periods of this regulation.
    (c) Effective periods. This regulation is effective annually for the 
duration of each marine event listed in Table 1, or as otherwise 
specified in the Coast Guard Local Notice to Mariners and a Federal 
Register notice. The Coast Guard Patrol Commander will announce by 
Broadcast Notice to Mariners the specific time periods during which the 
regulations will be enforced.

                        Table 1 of Sec. 100.519

                     Chincoteague Power Boat Regatta

Sponsor: Chincoteague Chamber of Commerce
Date: Third Saturday and Sunday in June

                            Pony Penning Swim

Sponsor: Chincoteague Volunteer Fire Department
Date: Last Wednesday in July and the following Friday

[CGD 05-92-81, 58 FR 16357, Mar. 26, 1993, as amended by CGD 05-97-012, 
62 FR 42067, Aug. 5, 1997; USCG-2006-25150, 71 FR 39208, July 12, 2006]



Sec. 100.520  Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, Virginia.

    (a) Definitions. (1) Regulated area. The waters of Rudee Inlet and 
Lake Rudee including the Owl Creek Boat Ramp. The waters of the Atlantic 
Ocean enclosed by:

36[deg]54[min]23.0[sec] N           75[deg]59[min]26.0[sec] W
36[deg]54[min]38.0[sec] N           75[deg]56[min]55.0[sec] W
36[deg]49[min]06.0[sec] N           75[deg]55[min]58.0[sec] W
36[deg]48[min]53.0[sec] N           75[deg]57[min]58.0[sec] W
 

    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
will be a commissioned, warrant, or petty officer who will be designated 
by the Commander, Group Hampton Roads.

[[Page 278]]

    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective period. This section is effective during, and one hour 
before any scheduled event starts. The Commander, Fifth Coast Guard 
District will publish a notice in the Federal Register and the Fifth 
Coast Guard District Local Notice to Mariners that announces the times 
and dates that this section is in effect.

[CGD 05-93-055, 59 FR 5323, Feb. 4, 1994]



Sec. 100.522  Fireworks Displays, Atlantic Ocean, Virginia Beach, Virginia.

    (a) Regulated Area. The regulated area is defined as the waters of 
the Atlantic Ocean enclosed within the arc of a circle with a radius of 
850 yards and with its center located at latitude 36[deg]51[min]35[sec] 
N, longitude 075[deg]58[min]30[sec] W. All coordinates reference Datum 
NAD 1983.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Hampton Roads.
    (c) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the area shall:
    (i) Stop the vessel immediately when directed to do so by the Coast 
Guard Patrol Commander; and
    (ii) Proceed as directed by the Coast Guard Patrol Commander.
    (d) Effective Dates: This section is effective:
    (1) Annually from 9 p.m. to 11 p.m. eastern time every Friday, 
Saturday and Sunday between May 1 and October 31;
    (2) Annually from 9 p.m. to 11 p.m. eastern time on July 4; and
    (3) As otherwise specified in the Coast Guard Local Notice to 
Mariners and a Federal Register notice.

[CGD05-01-013, 66 FR 57875, Nov. 19, 2001]



Sec. 100.523  Southern Branch, Elizabeth River, Portsmouth, Virginia.

    (a) Definitions--(1) Regulated area. The waters of the Southern 
Branch, Elizabeth River from shoreline to shoreline bounded to the south 
by a line drawn from latitude 36[deg]49[min]11.0[sec] North, longitude 
76[deg]17[min]33.0[sec] West to latitude 36[deg]49[min]11.0[sec] North, 
longitude 76[deg]17[min]22.0[sec] West and bounded to the north by a 
line drawn from latitude 36[deg]50[min]17.5[sec] North, longitude 
76[deg]17[min]45.0[sec] West to latitude 36[deg]50[min]17.5[sec] North, 
longitude 76[deg]17[min]30.0[sec] West
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Hampton Roads.
    (b) Special Local Regulations. (1) Except for participants in the 
Crawford Bay Crew Classic and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area without the permission of the Patrol Commander.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately when directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) The Coast Guard Patrol Commander may allow vessels to transit 
the regulated area whenever a race heat is not being run.
    (4) Vessel operators are advised to remain clear of the advisory 
area during the effective periods of this regulation.

[[Page 279]]

    (c) Effective periods. This regulation will be effective on the 
fourth Friday of April and on the fourth Saturday of April, unless 
otherwise specified in the Coast Guard Local Notice to Mariners and a 
Federal Register notice.

[CGD 05-93-06, 58 FR 9119, Feb. 19, 1993; as amended by CGD-05-97-004, 
62 FR 20102, Apr. 25, 1997]



Sec. 100.525  Western Branch, Elizabeth River, Portsmouth, Virginia.

    (a) Definitions:
    (1) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Hampton Roads.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Hampton Roads with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Regulated Area. The regulated area includes all waters of the 
Western Branch, Elizabeth River bounded by a line connecting the 
following points:

36[deg]50[min]18[sec] North          076[deg]23[min]10[sec] West, to
36[deg]50[min]18[sec] North          076[deg]21[min]42[sec] West, to
36[deg]50[min]12[sec] North          076[deg]21[min]42[sec] West, to
36[deg]50[min]12[sec] North          076[deg]23[min]10[sec] West, to
36[deg]50[min]18[sec] North          076[deg]23[min]10[sec] West
 

    All coordinates reference Datum NAD 1983.
    (b) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign; and
    (ii) Proceed as directed by any Official Patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective Dates. This section is effective annually from 6 a.m. 
to 6 p.m. on the fourth Friday and following Saturday in March, the 
fourth Friday and following Saturday in April, the second Friday and 
following Saturday in May, and the second Saturday and following Sunday 
in October.

[67 FR 17622, Apr. 11, 2002]



Sec. 100.526  Fireworks Displays, Patapsco River, Baltimore, Maryland.

    (a) Definitions--(1) Inner Harbor Regulated Area. The Inner Harbor 
Regulated Area is defined as the waters of the Patapsco River enclosed 
within the arc of a circle with a radius of 400 feet and with its center 
located at latitude 39[deg]16.9[min] N, longitude 076[deg]36.3[min] W. 
All coordinates reference Datum NAD 1983.
    (2) Northwest Harbor Regulated Area. The Northwest Harbor Regulated 
Area is defined as the waters of the Patapsco River enclosed within the 
arc of a circle with a radius of 500 feet and with its center located at 
latitude 39[deg]16.6[min] N, longitude 076[deg]35.8[min] W. All 
coordinates reference Datum NAD 1983.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (4) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer of the Coast Guard on board and 
displaying a Coast Guard ensign.
    (b) Special Local Regulations--(1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the Inner Harbor Regulated Area or the Northwest 
Harbor Regulated Area.
    (2) The operator of any vessel in these areas shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol; and
    (ii) Proceed as directed by any Official Patrol.
    (c) Effective Dates: This section is effective: (1) Annually from 
8:30 p.m. on July 4 until 9:30 p.m. on July 4; and (2) Annually from 
11:45 p.m. on December 31 until 12:45 a.m. on January 1.
    (d) Rain Dates. If the July 4 fireworks display is cancelled for the 
evening due to inclement weather, then this section is effective between 
8:30 p.m. and 9:30

[[Page 280]]

p.m. on July 5. If the December 31 fireworks display is cancelled for 
the evening due to inclement weather, then this section is effective 
from 11:45 p.m. on January 1 until 12:45 a.m. on January 2. Notice of 
the effective period will be given via Marine Safety Radio Broadcast on 
VHF-FM marine band radio, Channel 22 (157.1 MHz).

[CGD05-00-046, 66 FR 57876, Nov. 19, 2001]



Sec. 100.527  St. Mary's River, St. Mary's City, Maryland.

    (a) Definitions--(1) Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander is a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Commander, Coast Guard 
Activities Baltimore.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (b) Regulated area. The regulated area includes all waters of the 
St. Mary's River, from shoreline to shoreline, bounded to the south by a 
line at latitude 38[deg]10[min]05[sec] North, and bounded to the north 
by a line at latitude 38[deg]12[min]00[sec] North, All coordinates 
reference Datum NAD 1983.
    (c) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign; and
    (ii) Proceed as directed by any Official Patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Effective dates. This section is effective annually from 7 a.m. 
to 4 p.m. on the second Saturday in April.

[CGD05-02-004, 67 FR 56221, Sept. 3, 2002]



Sec. 100.529  Delaware River, Pea Patch Island to Delaware City, Delaware.

    (a) Definitions--(1) Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander is a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Commander, Coast Guard Group 
Philadelphia.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Philadelphia with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Regulated Area. All waters of the Delaware River between Pea 
Patch Island and Delaware City, Delaware, bounded by a line connecting 
the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39[deg]36[min]35.7[sec] North.............  075[deg]35[min]25.6[sec]
                                             West, to
39[deg]34[min]57.3[sec] North.............  075[deg]33[min]23.1[sec]
                                             West, to
39[deg]34[min]11.9[sec] North.............  075[deg]34[min]28.6[sec]
                                             West, to
39[deg]35[min]52.4[sec] North.............  075[deg]36[min]33.9[sec]
                                             West.
------------------------------------------------------------------------

    All coordinates reference Datum NAD 1983.
    (b) Special local regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Enforcement period. This section will be enforced annually for a 
2-hour period on the third Saturday in June and for a 2-hour period on 
the third Saturday in September. Notice of the enforcement period will 
be given via Marine Safety Radio Broadcast on VHF-FM marine band radio, 
Channel 22 (157.1 MHz).

[CGD05-03-013, 68 FR 32642, June 2, 2003]

[[Page 281]]



Sec. 100.530  Prospect Bay, Kent Island Narrows, Maryland.

    (a) Regulated Area. The regulated area includes all waters of 
Prospect Bay enclosed by the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]57[min]52.0[sec] N.................  076[deg]14[min]48.0[sec] W,
                                             to
38[deg]58[min]02.0[sec] N.................  076[deg]15[min]05.0[sec] W,
                                             to
38[deg]57[min]38.0[sec] N.................  076[deg]15[min]29.0[sec] W,
                                             to
38[deg]57[min]28.0[sec] N.................  076[deg]15[min]23.0[sec] W,
                                             to
38[deg]57[min]52.0[sec] N.................  076[deg]14[min]48.0[sec] W.
------------------------------------------------------------------------


All coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Activities Baltimore.
    Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (c) Special local regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Enforcement period. This section will be enforced annually from 
9:30 a.m. to 6:30 p.m. on the first Saturday and Sunday in August. 
Notice of the enforcement period will be given via Marine Safety Radio 
Broadcast on VHF-FM marine band radio, Channel 22 (157.1 MHz).

[CGD05-03-031, 68 FR 58604, Oct. 10, 2003]



Sec. 100.531  Isle of Wight Bay, Ocean City, MD.

    (a) Definitions.
    Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard SFO Eastern Shore.
    Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard SFO Eastern Shore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Regulated Area. The regulated area includes all waters of Isle of 
Wight Bay enclosed by the arc of a circle 300 feet in diameter with the 
center located at position 38[deg]22[min]30.0[sec] N latitude, 
075[deg]04[min]18.0[sec] W longitude. All coordinates reference Datum 
NAD 1983.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Enforcement period. This section will be enforced annually from 
9:15 p.m. to 10:15 p.m. on Memorial Day, July 4th, August 6th, and Labor 
Day. If the fireworks are delayed by inclement weather, the special 
local regulations will be enforced from 9:15 p.m. to 10:15 p.m. the next 
day.

[CGD05-03-062, 68 FR 58013, Oct. 8, 2003, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]



Sec. 100.532  Nanticoke River, Sharptown, MD.

    (a) Definitions:
    Coast Guard Patrol Commander means a commissioned, warrant, or petty 
officer of the Coast Guard who has been designated by the Commander, 
Coast Guard Sec. or Baltimore.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sec. or Baltimore with a

[[Page 282]]

commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Regulated Area includes all waters of the Nanticoke River, near 
Sharptown, Maryland, between Maryland S.R. 313 Highway Bridge and 
Nanticoke River Light 43 (LLN-24175), bounded by a line drawn between 
the following points: southeasterly from latitude 38[deg]32[min]46[sec] 
N, longitude 075[deg]43[min]14[sec] W, to latitude 38[deg]32[min]42[sec] 
N, longitude 75[deg]43[min]09[sec] W, thence northeasterly to latitude 
38[deg]33[min]04[sec] N, longitude 075[deg]42[min]39[sec] W, thence 
northwesterly to latitude 38[deg]33[min]09[sec] N, longitude 
75[deg]42[min]44[sec] W, thence southwesterly to latitude 
38[deg]32[min]46[sec] N, longitude 75[deg]43[min]14[sec] W. All 
coordinates reference Datum NAD 1983.
    (b) Special local regulations: (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol; and
    (ii) Proceed as directed by any Official Patrol.
    (c) Enforcement period. This section will be enforced annually on 
the last Saturday and Sunday in June. Notice of the specific enforcement 
periods will be given via marine Safety Radio Broadcast on VHF-FM marine 
band radio channel 22 (157.1 MHz).

[CGD05-03-156, 69 FR 28825, May 19, 2004]



Sec. 100.533  Maryland Swim for Life, Chester River, Chestertown, MD.

    (a) Regulated Area. The regulated area is established for waters of 
the Chester River from shoreline to shoreline, bounded on the south by a 
line drawn at latitude 39[deg]-10[min]-16[sec] N, near the Chester River 
Channel Buoy 35 (LLN-26795) and bounded on the north at latitude 
39[deg]-12[min]-30[sec] N by the Maryland S.R. 213 Highway Bridge. All 
coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    Coast Guard Patrol Commander means a commissioned, warrant, or petty 
officer of the Coast Guard who has been designated by the Commander, 
Coast Guard Sec. or Baltimore.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sec. or Baltimore with a commissioned, warrant, or petty 
officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol; and
    (ii) Proceed as directed by any Official Patrol.
    (d) Enforcement period. (1) This section will be enforced annually 
on the third Saturday in June. A notice of enforcement of this section 
will be published annually in the Federal Register and disseminated 
through the Fifth Coast Guard District Local Notice to Mariners 
announcing the specific event dates and times. Notice will also be made 
via marine Safety Radio Broadcast on VHF-FM marine band radio channel 22 
(157.1 MHz).
    (2) For 2006, this section will be enforced from 6:30 a.m. to 1:30 
p.m. on June 17, 2006.

[CGD05-04-013, 69 FR 43743, July 22, 2004, as amended by CGD05-06-006, 
71 FR 26229, May 4, 2006]



Sec. 100.534  Tug-of-War; Spa Creek, Annapolis, Maryland.

    (a) Regulated area. A regulated area is established for the waters 
of Spa Creek from shoreline to shoreline, extending 400 feet from either 
side of a rope spanning Spa Creek from a position at latitude 
38[deg]58[min]36.9[sec] N, longitude 076[deg]29[min]03.8[sec] W on the 
Annapolis shoreline to a position at latitude 38[deg]58[min]26.4[sec] N, 
longitude 076[deg]28[min]53.7[sec] W on the Eastport shoreline. All 
coordinates reference Datum NAD 1983.
    (b) Definitions:
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Sec. or Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sec. or Baltimore with a

[[Page 283]]

commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Participant means all vessels participating in the ``Tug of 
War'' under the auspices of the Marine Event Permit issued to the event 
sponsor and approved by Commander, Coast Guard Sec. or Baltimore.
    (c) Special Local Regulations: (1) No person or vessel may enter or 
remain in the regulated area unless participating in the event or 
authorized by the Patrol Commander. The Patrol Commander may 
intermittently authorize general navigation to pass through the 
regulated area. Notice of these opportunities will be given via marine 
safety radio broadcast on VHF-FM marine band radio, channel 16 (156.8 
MHz) and channel 22 (157.1 MHz).
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course.
    (d) Enforcement period. This section will be enforced annually from 
10:30 a.m. to 2:30 p.m. on the first Saturday in November. In 2005 the 
section will be enforced from 9:30 a.m. to 12 p.m. on October 29, 
instead of the first Saturday in November.

[CGD05-05-104, 70 FR 61036, Oct. 20, 2005]



Sec. 100.535  Susquehanna River, Port Deposit, Maryland.

    (a) Regulated area. A regulated area is established for the waters 
of the Susquehanna River, adjacent to Port Deposit, Maryland, from 
shoreline to shoreline, bounded on the south by the U.S. I-95 fixed 
highway bridge, and bounded on the north by a line running southwesterly 
from a point along the shoreline at latitude 39[deg]36[min]22[sec] N, 
longitude 076[deg]07[min]08[sec] W, thence to latitude 
39[deg]36[min]00[sec] N, longitude 076[deg]07[min]46[sec] W. All 
coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sec. or Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sec. or Baltimore with a commissioned, warrant, or 
petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the ``Ragin' on 
the River'' power boat race under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sec. or Baltimore.
    (c) Special local regulations. (1) Except for event participants and 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop 
the vessel immediately when directed to do so by any official patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) All persons and vessels must comply with the instructions of 
the Official Patrol. The operator of a vessel in the regulated area 
shall stop the vessel immediately when instructed to do so by the 
Official Patrol and then proceed as directed. When authorized to transit 
the regulated area, all vessels shall proceed at a minimum safe speed 
necessary to maintain a safe course that minimizes wake near the race 
course.
    (d) This section will be enforced annually from 10:30 a.m. to 6:30 
p.m. on Saturday and Sunday of Labor Day weekend. If the races are 
postponed due to weather, then the special local regulations will be 
enforced during the same time period on Monday, Labor Day. A notice of 
enforcement of this section will be published annually in the Federal 
Register and disseminated through the Fifth District Local Notice to 
Mariners and marine safety radio broadcasts.

[CGD05-06-042, 71 FR 44214, Aug. 4, 2006]



Sec. 100.536  Sunset Lake, Wildwood Crest, NJ

    (a) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast

[[Page 284]]

Guard who has been designated by the Commander, Coast Guard Sec. or 
Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sec. or Delaware Bay with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Sunset 
Lake Hydrofest under the auspices of the Marine Event Permit issued to 
the event sponsor and approved by Commander, Coast Guard Sec. or Delaware 
Bay.
    (b) Regulated area includes all waters of Sunset Lake, New Jersey, 
from shoreline to shoreline, south of latitude 38[deg]58[min]32[sec] N. 
All coordinates reference Datum: NAD 1983.
    (c) Special local regulations. (1) Except for event participants and 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Enforcement period. (1) This section will be enforced annually 
from 8:30 a.m. to 5:30 p.m. on the last weekend in September or the 
first weekend in October. The Commander, Fifth Coast Guard District will 
publish a Notice of Enforcement in the Federal Register and in the Fifth 
Coast Guard District Local Notice to Mariners every year announcing the 
dates and times this section is in effect.
    (2) In 2006 this section will be enforced from 8:30 a.m. on 
September 30, 2006 to 5:30 p.m. on October 1, 2006.

[CGD05-06-066, 71 FR 54907, Sept. 20, 2006]



Sec. 100.709  Annual Augusta Southern National Drag Boat Races; Savannah River, Augusta, GA.

    (a) Definitions--(1) Regulated area. The regulated area is formed by 
a line drawn directly across the Savannah River at the U.S. Highway 1 
(Fifth Street) Bridge at mile marker 199.45 and directly across the 
Savannah River at Eliot's Fish Camp at mile marker 197. The regulated 
area encompasses the width of the Savannah River between these two 
lines.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Charleston, 
Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all non-event participants.
    (2) After the termination of the Augusta Southern National Drag Boat 
Races each day, and during intervals between scheduled events, at the 
discretion of the Coast Guard Patrol Commander, all vessels may resume 
normal operations.
    (c) Effective Dates. This section is effective annually on Thursday, 
Friday, Saturday and Sunday of the third week of July from 6 a.m. to 8 
p.m. edt, except in 1996, the section is effective on July 18-21, 1996 
from 6 a.m. to 8 p.m. edt.

[CGD07-96-021, 61 FR 28504, June 5, 1996]



Sec. 100.710  Annual Greater Jacksonville Kingfish Tournament; Jacksonville, Florida.

    (a) Regulated area. A regulated area is established for the waters 
of the St. Johns River lying between an eastern boundary formed by St. 
Johns River Lighted Buoy 7 (LLNR (7145) in approximate position 30-
23.56N, 081-23.04W, and Lighted Buoy 8 (LLNR 7150) in position 30-
24.03N, 081-23.01W, and the western boundary formed by Lighted Buoy 25 
(LLNR 7305) in position 30-23.40N, 081-28.26W, and Short Cut Light 26 
(LLNR 7130 in position 30-23.46N, 081-28.16W with the northern and 
southern boundaries formed by the banks of the St. Johns and extended 
north from the boundary formed by the St. Johns River and the 
Intracoastal Waterway, Sisters Creek, to Lighted Buoy 83 (LLNR 38330) on 
the Intracoastal Waterway.

[[Page 285]]

    (b) Regulations. Vessels operating in the regulated area must 
operate at No Wake Speed.
    (c) Dates. This section is effective annually during the second full 
week of July. Coast Guard Group Mayport will issue a Local Notice to 
Mariners each year announcing future specific times and dates of the 
event.

[CGD 07-98-033, 63 FR 41719, Aug. 5, 1998; 64 FR 22674, Apr. 27, 1999]



Sec. 100.713  Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.

    (a) Definitions--(1) Regulated Area. The regulated area is formed by 
a line from:

33[deg]21.5[min] N, 079[deg]17.10[min] W, thence to
33[deg]21.7[min] N, 079[deg]16.8[min] W, thence along the shore to
33[deg]21.1[min] N, 079[deg]16.7[min] W, thence to
33[deg]21.1[min] N, 079[deg]16.9[min] W, thence back to
33[deg]21.5[min] N, 079[deg]17.10[min] W.


All coordinates referenced use datum: NAD 83.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all nonparticipants.
    (2) After the termination of the Harborwalk Boat Race, and during 
intervals between scheduled events, at the discretion of the Coast Guard 
Patrol Commander all vessels may resume normal operations.
    (c) Effective Dates. This section is in effect from 12 p.m. and 
terminates at 5:30 p.m. EDT annually during the last Sunday of June.

[CGD07-96-015, 61 FR 29020, June 7, 1996]



Sec. 100.714  Annual Miami Super Boat Race; Miami Beach, FL.

    (a) Definitions--(1) Regulated Areas. The regulated area includes 
the race course area, the spectator area, and a buffer zone.
    (i) The race course area is formed by a line joining the following 
points:

25[deg]46.3[min] N, 080[deg]07.85[min] W; thence to,
25[deg]46.3[min] N, 080[deg]06.82[min] W; thence to,
25[deg]51.3[min] N, 080[deg]06.2[min] W; thence to,
25[deg]51.3[min] N, 080[deg]07.18[min] W; thence along the shoreline to 
the starting point.


All coordinates referenced use datum: NAD 1983.
    (ii) A spectator area is established in the regulated area for 
spectator traffic and is defined by a line joining the following points, 
beginning from:

25[deg]51.3[min] N, 080[deg]06.15[min] W; thence to,
25[deg]51.3[min] N, 080[deg]05.85[min] W; thence to,
25[deg]46.3[min] N, 080[deg]06.55[min] W; thence to,
25[deg]46.3[min] N, 080[deg]06.77[min] W; and back to the starting 
point.


All coordinates referenced use datum: NAD 1983.
    (iii) A buffer zone of 300 feet is established between the race 
course and the spectator area.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Miami, Miami Beach, 
Florida.
    (b) Special local regulations. (1) Entry into the race course area 
by other than event participants is prohibited unless otherwise 
authorized by the Coast Guard Patrol Commander. At the completion of 
scheduled races and departure of participants from the regulated area, 
traffic may resume normal operations. At the discretion of the Coast 
Guard Patrol Commander, between scheduled racing events, traffic may be 
permitted to resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any and all vessels to take 
immediate steps to avoid collision. The display of an orange distress 
smoke signal from a patrol vessel will be the signal for any and all 
vessels to stop immediately.
    (3) Spectators not in the designated spectator areas, as defined 
above, are required to keep clear of the race course area at all times.
    (c) Effective Dates. This section is effective at 12 p.m. and 
terminates at 4 p.m. EDT annually during the second Sunday of June.

[CGD-94-091, 61 FR 27783, June 3, 1996]

[[Page 286]]



Sec. 100.715  Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.

    (a) Definitions--(1) Regulated Area. A regulated area is established 
on that portion of the Beaufort River, between the Ladys Island swing 
bridge at 32[deg]25[min]40[sec] N, 080[deg]40[min]10[sec] W and a line 
drawn directly across the Beaufort River at Spanish Point, at 
32[deg]24[min]00[sec] N. All coordinates referenced use datum: NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited, unless otherwise authorized 
by the Coast Guard Patrol Commander.
    (2) Between scheduled events the Coast Guard Patrol Commander may 
authorize vessels to resume normal operations.
    (3) After termination of the Beaufort Water Festival events, all 
vessels may resume normal operation at the discretion of the Coast Guard 
Patrol Commander.
    (c) Effective Dates. This section become effective annually from 
7:30 a.m. to 7 p.m. EDT, on the last two Saturdays and Sundays of July.

[CGD07-96-020, 61 FR 28502, June 5, 1996]



Sec. 100.716  Annual Florida Sports Fishing Association Billfish Tournament.

    (a) Regulated area. A regulated area is established for the waters 
of Port Canaveral Harbor. The regulated area is bound on the west by the 
easternmost State Road 401 bascule bridge, position 28-24-33 N, 080-37-
55 W, and on the east by the line drawn between Canaveral Harbor 
Entrance Channel Light 12 (LLNR 8955), position 28-24-38 N, 
080-34-59 W, and Canaveral Harbor Entrance Channel Lighted Buoy 
13 (LLNR 8960), position 28-24-33 N, 080-34-59 W. The southern 
boundary will be a line drawn from Canaveral Harbor Entrance Channel 
Lighted Buoy 13 to the Cape Canaveral southern jetty, position 
28-24-29 N, 080-35-18 W, then following the southern shoreline of Cape 
Canaveral Harbor to the easternmost State Road 401 bascule bridge. The 
northern boundary will be a line extending from Canaveral Harbor 
Entrance Channel Light 12, following the northern shoreline of 
Cape Canaveral Harbor, but excluding all navigable waters north of a 
line drawn across the mouth of the East Basin, Middle Basin, and West 
Basin.
    (b) Special local regulations. A ``No Wake Zone'' is established in 
the regulated area.
    (c) Effective dates. The Commander, Coast Guard Group Mayport will 
publish the effective times and dates during which the regulations in 
this section will be effective in the Seventh Coast Guard District Local 
Notice to Mariners.

[CGD7 92-16, 57 FR 23302, June 3, 1992]



Sec. 100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

    (a) Regulated Area. The regulated area is formed by a line drawn 
from the start/finish position, at the Fort Myers Beach pier 
(26[deg]28.07[min] N, 81[deg]58.30[min] W), thence to position 
26[deg]26.08[min] N, 81[deg]55.29[min] W, thence to position 
26[deg]24.76[min] N, 81[deg]54.68[min] W, thence to position 
26[deg]23.74[min] N, 81[deg]55.10[min] W, thence to position 
26[deg]23.91[min] N, 81[deg]55.40[min] W, thence to position 
26[deg]24.94[min] N, 81[deg]55.24[min] W, thence to position 
26[deg]26.93[min] N, 81[deg]58.53[min] W, thence to position 
26[deg]27.32[min] N, 81[deg]58.16[min] W, thence back to the start/
finish position, at the Fort Myers Beach pier (26[deg]28.07, 
81[deg]58.30[min] W). All coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) No vessel may anchor shoreward of 
the shoreside boundaries of the regulated area, from 11 a.m. to 3 p.m. 
edt.
    (2) Spectator craft will be permitted to anchor seaward of the 
seaside boundaries of the regulated area, in the spectator area formed 
by a line drawn from the position 29[deg]26.54[min] N, 81[deg]58.12[min] 
W, thence to position 28[deg]25.06[min] N, 81[deg]55.42[min] W, thence 
to position 26[deg]24.45[min] N, 81[deg]55.50[min] W, thence to position 
26[deg]26.54[min] N, 81[deg]58.30[min] W, thence back to position 
29[deg]26.54[min] N, 81[deg]58.12[min] W, and in the spectator area 
formed by a line drawn from the position 26[deg]25.06[min] N, 
81[deg]54.18[min] W, thence to position 26[deg]23.47[min] N, 
81[deg]54.00[min] W, thence to position 25[deg]24.05[min] N,

[[Page 287]]

81[deg]54.47[min] W, thence back to position 26[deg]25.06[min] N, 
81[deg]54.18[min] W. All coordinates referenced use datum: NAD 83.
    (3) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Matanzas Pass between 11 a.m. and 3 p.m. 
will exit the marked channel at Matanzas Pass Channel daybeacon 
3 (26[deg]25.9[min] N, 82[deg]58.2[min] W, LLNR 16365) and 
4 (26[deg]26.1[min] N, 82[deg]57.8[min] W, LLNR 16370), and 
shall proceed in a southwesterly direction seaward of the spectator area 
defined in paragraph (b)(2) of this section, taking action to avoid a 
close-quarters situation until finally past and clear of the racecourse. 
All coordinates referenced use datum: NAD 83.
    (4) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 3 p.m. 
edt will exit the pass in a southwesterly direction seaward of the 
spectator area defined in paragraph (b)(2) of this section, taking 
action to avoid a close-quarters situation with the spectator craft 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay seaward of the seaside legs of 
the racecourse at all times in the spectator areas defined in paragraph 
(b)(2) of this section.
    (c) Effective dates: This section is effective each day from 11 a.m. 
through 3 p.m. EDT annually during the third Saturday and Sunday of May.

[CGD07-96-005, 61 FR 28503, June 5, 1996, as amended by CGD07-97-010, 62 
FR 26745, May 15, 1997]



Sec. 100.718  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.

    (a) Regulated area. The regulated area is established in Sarasota 
Bat with the northwest corner point at Whale Key, position 
27[deg]23[min]53[sec] N, 82[deg]37[min]46[sec] W, extending to the 
northeast corner point at Bayshore Gardens Channel, position 
27[deg]25[min]11[sec] N, 82[deg]35[min]45[sec] W, extending to the 
southeast corner point at Whitaker Bayou, position 27[deg]21[min]22[sec] 
N, 82[deg]33[min]14[sec] W, and then to the southwest corner point at 
Quick Point, position 27[deg]20[min]18[sec] N, 82[deg]34[min]36[sec] W. 
All coordinates referenced use datum: NAD 83.
    (b) Special local regulations.
    (1) In accordance with these regulations, the regulated area is 
designated as a ``no wake'' zone. Spectator craft are permitted into the 
area, but are prohibited from entering the race course areas described 
in (b)(2) of this section.
    (2) Inside the ``no wake'' zone are two designated areas surrounding 
the primary and alternate race courses. Primary course ``A'' is bounded 
by a line connecting the northeast corner point at position 
27[deg]22[min]10[sec] N, 82[deg]36[min]09[sec] W, a southeast corner 
point at position 27[deg]21[min]31[sec] N, 82[deg]35[min]37[sec] W, a 
southwest corner point at position 27[deg]21[min]27[sec] N, 
82[deg]35[min]48[sec] W, and a northwest corner point at position 
27[deg]22[min]05[sec] N, 82[deg]36[min]16[sec] W. Alternate course ``B'' 
is bounded by a line connecting the northeast corner point at position 
27[deg]23[min]11[sec] N, 82[deg]34[min]31[sec] W, a southeast corner 
point at position 27[deg]22[min]35[sec] N, 82[deg]34[min]03[sec] W, a 
southwest corner point at position 27[deg]22[min]31[sec] N, 
82[deg]34[min]08[sec] W, and a northwest corner point at position 
27[deg]23[min]09[sec] N, 82[deg]34[min]38[sec] W. All coordinates 
referenced use datum: NAD 83.
    (3) Entry into the regulated area shall be in accordance with this 
regulation.
    (c) Effective date. This section is effective at 8 a.m. and 
terminates at 1 p.m. EDT, annually during the first Friday of July.

[CGD07-96-008, 61 FR 32334, June 24, 1996]



Sec. 100.719  Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start/finish position 27[deg]19.15[min] N, 
82[deg]35.90[min] W, thence to position 27[deg]18.81[min] N, 
82[deg]34.90[min] W, thence to position 27[deg]18.21[min] N, 
82[deg]34.48[min] W, thence to position 27[deg]16.43[min] N, 
82[deg]34.99[min] W, thence to position 27[deg]15.70[min] N, 
82[deg]34.29[min] W, thence to position 27[deg]15.86[min] N, 
82[deg]33.44[min] W, thence to position 27[deg]14.73[min]10[min] N, 
82[deg]32.37[min] W, thence to position 27[deg]14.62[min] N, 
82[deg]32.54[min] W, thence to position 27[deg]14.94[min] N, 
82[deg]35.25[min] W, thence to position 27[deg]20.03[min] N, 
82[deg]37.38[min] W, thence to position 27[deg]20.32[min] N, 
82[deg]37.16[min] W, thence back to

[[Page 288]]

the start/finish position. All coordinates referenced use datum: NAD 
1983.
    (b) Special local regulations. (1) No anchoring will be permitted 
seaward of the shoreside boundaries of the regulated area out to three 
nautical miles from shore, from 10 a.m. to 4 p.m. EDT, annually on the 
first Saturday of July.
    (2) Anchoring for spectators will be permitted shoreward of the 
shoreside boundaries of the regulated area.
    (3) All vessel traffic, not involved with the Suncoast Offshore 
Challenge, exiting New Pass between 11 a.m. and 4 p.m. EDT shall exist 
at New Pass Channel daybeacon 3 (27[deg]26.46[min] N, 
82[deg]41.7[min] W, LLNR 18100) and 4 (27[deg]26.4[min] N, 
82[deg]41.68[min] W, LLNR 18105), and shall proceed in a northerly 
direction shoreward of spectator craft taking action to avoid a close-
quarters situation until finally past and clear of the racecourse. All 
coordinates referenced use datum: NAD 1983.
    (4) Big Sarasota Pass will be closed to all inbound and outbound 
vessel traffic, other than spectator craft, from 10 a.m. to 4 p.m. EDT.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay clear of race area at all 
times.
    (c) Effective date. This section is effective at 10 a.m. and 
terminates at 4 p.m. EDT, annually during the first Saturday of July.

[CGD07-96-008, 61 FR 32334, June 24, 1996]



Sec. 100.720  Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start/finish position 27[deg]19.15[min] N, 
82[deg]35.90[min] W, thence to position 27[deg]18.91[min] N, 
82[deg]34.90[min] W, thence to position 27[deg]18.81[min] N, 
82[deg]34.48[min] W, thence to position 27[deg]16.43[min] N, 
82[deg]34.99[min] W, thence to position 27[deg]15.70[min] N, 
82[deg]34.29[min] W, thence to position 27[deg]15.86[min] N, 
82[deg]33.44[min] W, thence to position 27[deg]14.73[min] N, 
82[deg]32.37[min] W, thence to position 27[deg]14.62[min] N, 
82[deg]32.54[min] W, thence to position 27[deg]14.93[min] N, 
82[deg]35.25[min] W, thence to position 27[deg]20.03[min] N, 
82[deg]37.38[min] W, thence to position 27[deg]20.32[min] N, 
82[deg]37.16[min] W, thence back to the start/finish position. All 
coordinates referenced use datum: NAD 1983.
    (b) Special local regulations. (1) No anchoring will be permitted 
seaward of the shoreside boundaries of the regulated area out to three 
nautical miles from shore, from 10 a.m. to 4 p.m. EDT.
    (2) Anchoring for spectators will be permitted shoreward of the 
shoreside boundaries of the regulated area.
    (3) All vessel traffic not involved with the Suncoast Offshore Grand 
Prix, exiting New Pass between 10 a.m. and 4 p.m. EDT shall exit at New 
Pass Channel daybeacon 3 (27[deg]26.46[min] N, 82[deg]41.7[min] 
W, LLNR 18100) and 4 (27[deg]26.4[min] N, 82[deg]41.68[min] W, 
LLNR 18105), and shall proceed in a northerly direction shoreward of 
spectator craft taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse. All coordinates referenced use 
datum: NAD 83.
    (4) Big Sarasota Pass will be closed to all inbound and outbound 
vessel traffic, other than spectator craft, from 10 a.m. to 4 p.m. EDT.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator craft will stay clear of race area at all times.
    (c) Effective date. This section is effective at 10 a.m. and 
terminates at 4 p.m. EDT, annually during the first Sunday of July.

[CGD07-96-008, 61 FR 32335, June 24, 1996]



Sec. 100.721  Charleston Christmas Parade of Boats, Charleston Harbor, SC.

    (a) Definitions. (1) Regulated Area. A regulated area includes the 
area 500 yards ahead of the lead parade vessel, 100 yards astern of the 
last parade vessel, and 50 yards to either side of all parade vessels 
along the parade route described in paragraph (a)(2) of this section.
    (2) Parade Route. The parade will organize in the Middle Ground, 
north of Charleston South Channel. The parade will proceed north along 
the west edge of Commercial Anchorage A, entering Rebellion Reach in the 
vicinity of Charleston HBR N Chan LB 2 (Light List Number 2505) at 
approximate position 32[deg]46.3[min] N, 079[deg]53.3[min] W, thence 
proceeding up Folly Shutes, and Horse Reach to approximately two-tenths 
of a nautical mile north of USS Yorktown at position 32[deg]47.7[min] N, 
079[deg]54.7[min] W, thence

[[Page 289]]

across Hog Island Reach near Charleston Harbor N. Channel LB 11 (Light 
List Number 2529) at approximate position 32[deg]47.6[min] N, 
079[deg]55.1[min] W, entering Town Creek Lower reach near Town Creek 
Chan LB2 (Light List Number 2715) at approximate position 
32[deg]47.7[min] N, 079[deg]55.5[min] W thence south to 32[deg]45.7[min] 
N, 079[deg]55.3[min] W (approximately one half nautical mile southeast 
of Battery Point), thence up the Ashley River, and continuing to the 
finishing point at City Marina (32[deg]46.6[min] N, 079[deg]57.2[min] 
W). All coordinates referenced use datum: NAD 1983.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant or petty officer of the Coast Guard who has 
been designated in writing by the Commander, Coast Guard Group 
Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than authorized parade participants or official patrol vessels is 
prohibited, unless otherwise authorized by the Patrol Commander.
    (2) After termination of the Christmas Parade of Boats and departure 
of parade participants from the regulated area, all vessels may resume 
normal operations.
    (c) Effective Date: These regulations are effective from 4:30 p.m. 
to 8:30 p.m., EST, on December 7, 1996, December 13, 1997, December 12, 
1998, December 4, 1999, and December 9, 2000.

[CGD07-96-048, 61 FR 59023, Nov. 20, 1996, as amended by CGD 07-00-107, 
65 FR 67265, Nov. 9, 2000]



Sec. 100.722  Annual Key West Super Boat Race; Key West, FL.

    (a) Definitions--(1) Regulated area. All navigable waters within a 
line drawn through the following points:

24-33.65, 081-48.47W; thence to,
24-33.95N, 081-48.30W; thence to,
24-34.05N, 081-48.45W; thence to,
24-33.58N, 081-48.70W; thence to,
24-31.18N, 081-51.10W; thence to,
24-31.18N, 081-48.88W; thence to,
24-32.94N, 081-48.82W.

    All coordinates reference use datum: NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by Coast Guard Group Key West, Florida.
    (b) Special Local Regulations. (1) Entry into the regulated area, by 
other than event participants, is prohibited unless otherwise authorized 
by the patrol commander.
    (2) A succession of not less than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-event participating 
vessel to take immediate steps to avoid collision. The display of a red 
distress flare from a patrol vessel will be a signal for any and all 
vessels to stop immediately.
    (c) Effective Dates. This section is effective at 10 a.m. and 
terminates at 4 p.m. annually on the second Wednesday and Saturday in 
November.

[CGD07-96-049, 61 FR 64993, Dec. 10, 1996]



Sec. 100.723  Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL.

    (a) Regulated Area. A regulated area is established to include the 
Port of Palm Beach Turning Basin and the Intracoastal Waterway extending 
south from Lake Worth South LT 1 (LLNR 42170) to Lake Worth South 
Daybeacon 23 (LLNR 42300).
    (b) Special Local Regulations.
    (1) While the parade is transiting, nonparticipating vessels will be 
prohibited from approaching within 1000 feet ahead of the lead vessel in 
the parade to 1000 feet astern of the last participating vessel in the 
parade or within 50 feet on either side of the parade unless authorized 
by the patrol commander. After the passage of the parade participants 
all vessels may resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-participating vessel 
to stop immediately. The display of an orange distress smoke signal from 
a patrol vessel will be the signal for any and all vessels to stop 
immediately.
    (c) Effective Date. These regulations are effective annually on the 
second Saturday of December, from 6:30 p.m. until 9 p.m. est.

[CGD07-053, 61 FR 64995, Dec. 10, 1996]

[[Page 290]]



Sec. 100.724  Annual Augusta Invitational Rowing Regatta; Savannah River, Augusta, GA.

    (a) Definitions. (1) Regulated area. The regulated area is formed by 
a line drawn directly across the Savannah River at U.S. Highway 1 (Fifth 
Street) Bridge at mile marker 199.45 and directly across the Savannah 
River at Eliot's Fish Camp at mile marker 197. The regulated area 
includes the width of the Savannah River between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who been 
designated by the Commander, Coast Guard Group Charleston, SC.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all non-participants.
    (2) After the termination of the Invitational Rowing Regatta each 
day, and during intervals between scheduled events, at the discretion of 
the Coast Guard Patrol Commander, all vessels may resume normal 
operations.
    (c) Effective dates. This section is effective at 7 a.m. and 
terminates at 5 p.m. local time annually, on Thursday, Friday, Saturday 
and Sunday of the third weekend of March.

[CGD07-96-063, 62 FR 7937, Feb. 21, 1997]



Sec. 100.728  Special Local Regulations; Hurricane Offshore Classic, St. Petersburg, FL.

    (a) Regulated area. The regulated area is formed by a line drawn 
from position 27[deg]46.9[sec] N, 082[deg]37.45[sec] W (onshore at North 
Shore Park) east southeast to position 27[deg]46.39[sec] N, 
082[deg]32.65[sec] W; thence due south to position 27[deg]44.67[sec] N, 
082[deg]32.65[sec] W; thence due west to position 27[deg]44.67[sec] N, 
082[deg]37.45[sec] W (onshore just south of Lassing Park). All 
coordinates referenced use Datum: NAD 83.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless authorized by the 
patrol commander designated by Coast Guard Group St. Petersburg, 
Florida.
    (2) Spectator craft will be permitted near the race area, but will 
be required to stay clear of the race lanes. Anchoring for spectator 
craft is permitted north of the northern straightaway and south of the 
southern straightaway, but only in the designated spectator area between 
27[deg]46.62N, 082[deg]37.00W to 27[deg]46.80N, 082[deg]34.72W and 
27[deg]46.52N, 082[deg]37.00W to 27[deg]46.70N, 082[deg]34.72W for the 
northern area and 27[deg]46.25N, 082[deg]37.00W to 27[deg]45.90N, 
082[deg]34.72W and 27[deg]46.15N, 082[deg]37.00W to 27[deg]45.80N, 
082[deg]34.72W for the southern area. All coordinates referenced use 
Datum: NAD 83. No anchoring will be permitted west of turns 1 and 4 nor 
west of turns 2 and 3, from 10 a.m. to 6 p.m. EDT.
    (3) All vessel traffic, not involved in the Hurricane Offshore 
Classic, entering or exiting the Vinoy Basin between 10 a.m. and 6 p.m. 
EDT must transit around the racecourse, taking action to avoid a close-
quarters situation until finally past and clear of the racecourse. All 
vessel traffic, not involved with the Hurricane Offshore Classic, 
transiting the area off Coffeepot Bayou, The Pier, and Bayboro Harbor 
should exercise extra caution and take action to avoid a close-quarters 
situation until finally past and clear of the racecourse.
    (4) Entry into the regulated area shall be in accordance with this 
section. Spectator vessels will at all times stay in the spectator areas 
defined in paragraph (b)(2) of this section.
    (c) Effective Dates: This regulation is effective annually at 10 
a.m. and terminates at 6 p.m. EDT on the third Saturday and Sunday of 
August.

[CGD07-97-031, 62 FR 43641, Aug. 15, 1997]



Sec. 100.729  Columbus Day Regatta, Biscayne Bay, Miami, FL.

    (a) Regulated area. A regulated area is established for the Columbus 
Day Regatta, Biscayne Bay, Miami, Florida. The regulated area 
encompasses all waters within the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
25[deg]43[min]24[sec] N...................  080[deg]12[min]30[sec] W
25[deg]43[min]24[sec] N...................  080[deg]10[min]30[sec] W
25[deg]33[min]00[sec] N...................  080[deg]11[min]30[sec] W
25[deg]33[min]00[sec] N...................  080[deg]15[min]54[sec] W
25[deg]40[min]00[sec] N...................  080[deg]15[min]00[sec] W
------------------------------------------------------------------------

    (b) Definitions. Coast Guard Patrol Commander means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
Commanding Officer, Coast Guard Station Miami Beach.

[[Page 291]]

    (c) Special Local Regulations. (1) Entry into the regulated area by 
non-participant persons or vessels is prohibited unless authorized by 
the Coast Guard Patrol Commander.
    (2) At the completion of scheduled races and exhibitions, and 
departure of participants from the regulated area, the Coast Guard 
Patrol Commander may permit traffic to resume normal operations.
    (3) Between scheduled racing events, the Coast Guard Patrol 
Commander may permit traffic to resume normal operations for a limited 
time.
    (4) A succession of not fewer than 5 short whistle or horn blasts 
from a Coast Guard patrol vessel will be the signal for any and all 
vessels to take immediate steps to avoid collision.
    (d) Enforcement periods. This rule will be enforced from 10 a.m. 
until 5 p.m. Saturday and Sunday during the second weekend in October 
(Columbus Day weekend).

[CGD07-04-120, 69 FR 61444, Oct. 19, 2004]



Sec. 100.730  Annual Miami Super Boat Race; Miami Beach, Florida

    (a) Regulated area. (1) A regulated area is established by a line 
joining the following points: 25-46.3N, 080-07.85W; thence to, 25-46.3N, 
080-06.82W; thence to, 25-51.3N, 080-06.20W; thence to, 25-51.3N, 080-
07.18W; thence along the shoreline to the starting point. All coordinate 
referenced use Datum: NAD 83.
    (2) A spectator area is established in the vicinity of the regulated 
area for spectator traffic and is defined by a line joining the 
following points, beginning from: 25-51.3N, 080-06.15W; thence to, 25-
51.3N, 080-05.85W; thence to, 25-46.3N, 080-06.55W; thence to, 25-46.3N, 
080-06.77W; and back to the starting point. All coordinates referenced 
use Datum: NAD 83.
    (3) A buffer zone of 300 feet separates the race course and the 
spectator areas.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless otherwise authorized 
by the Patrol Commander. At the completion of scheduled races and 
departure of participants from the regulated area, traffic may resume 
normal operations. Traffic may be permitted to resume normal operations 
between scheduled racing events, at the discretion of the Patrol 
Commander.
    (2) A succession of not fewer than five short whistle or horn blasts 
from a patrol vessel will be the signal for any and all vessels to take 
immediate steps to avoid collision. The display of an orange distress 
smoke signal from a patrol vessel will be the signal for any and all 
vessels to stop immediately.
    (3) Spectators are required to maintain a safe distance from the 
race course at all times.
    (c) Dates: These regulations become effective annually at 12 p.m. 
and terminate at 4 p.m. EDT on the third Sunday in April.

[CGD07 98-003, 63 FR 15091, Mar. 30, 1998]



Sec. 100.731  Special local regulations; annual Ft. Lauderdale Air & Sea Show, Ft. Lauderdale, FL.

    (a) Regulated area. The following is a regulated area: All waters of 
the Atlantic Ocean west of a line drawn from 26-10.32N, 080-05.9W to 26-
06.36N, 080-05.58W. All coordinates referenced use Datum: NAD 83.
    (b) Special local regulations. (1) All vessels, with the exception 
of event participants, are prohibited from entering the regulated area 
without the specific permission of the patrol commander.
    (2) All vessels shall immediately follow any specific instructions 
given by event patrol craft and exercise extreme caution while operating 
in or near the regulated area. A succession of not fewer than five short 
whistle or horn blasts from a patrol vessel will be the signal for any 
non-participating vessel to stop immediately. The display of an orange 
distress smoke signal from a patrol vessel will be the signal for any 
and all vessels to stop immediately.
    (3) After the termination of the Air and Sea Show event for each 
respective day, all vessels may resume normal operations.
    (c) Dates. These regulations become effective annually on the first 
Friday, Saturday and Sunday of May, from 9 a.m. to 3 p.m. EDT on Friday, 
and from

[[Page 292]]

9 a.m. to 5 p.m. EDT on Saturday and Sunday.

[CGD07-98-004, 63 FR 15090, Mar. 30, 1998]



Sec. 100.732  Annual River Race Augusta; Savannah River, Augusta GA.

    (a) Definitions:
    (1) Regulated Area. The regulated area is formed by a line drawn 
directly across the Savannah River at the U.S. Highway 1 Bridge at mile 
marker 199 and directly across the Savannah River at mile marker 197. 
The regulated area would encompass the width of the Savannah River 
between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Charleston, South 
Carolina.
    (b) Special Local Regulations. (1) Entry into the regulated area is 
prohibited to all non-participants.
    (2) After termination of the River Race Augusta each day, and during 
intervals between scheduled events, at the discretion of the Coast Guard 
Patrol Commander, all vessels may resume normal operations.
    (3) The Captain of the Port Charleston will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the special local regulations and the restrictions imposed.
    (c) Dates. These regulations become effective annually from 7 a.m. 
to 5 p.m. EDT each day, on the third Friday, Saturday and Sunday of May, 
unless otherwise specified in the notice to mariners.

[CGD07-98-013, 63 FR 26454, May 13, 1998]



Sec. 100.733  Annual Deerfield Beach Super Boat Race; Deerfield Beach, Florida.

    (a) Regulated Areas. (1) A regulated area is established by a line 
joining the following points:

Corner point 1: 26 17.7[min]N-080 04.4[min]W
Corner point 2: 26 19.7[min]N-080 03.9[min]W
Corner point 3: 26 15.7[min]N-080 04.4[min]W
Corner point 4: 26 15.7[min]N-080 04.9[min]W. All coordinates reference 
Datum NAD: 83.

    (2) A spectator area is established in the vicinity of the regulated 
area for spectator traffic and is defined by a line joining the 
following points:

Corner point 1: 26 15.7[min]N-080 03.9[min]W
Corner point 2: 26 15.7[min]N-080 04.1[min]W
Corner point 3: 26 19.7[min]N-080 03.7[min]W
Corner point 4: 26 19.7[min]N-080 03.5[min]W. All coordinates reference 
Datum NAD: 83.

    (3) A buffer zone of 406 yards separates the racecourse and the 
spectator fleet.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless otherwise authorized 
by the Patrol Commander. After the completion of scheduled races and the 
departure of participants from the regulated area, traffic may resume 
normal operations. At the discretion of the Patrol Commander, traffic 
may be permitted to resume normal operations between scheduled racing 
events.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any and all vessels to take 
immediate steps to avoid collision. The display of an orange distress 
smoke signal from a patrol vessel will be the signal for any and all 
vessels to stop immediately.
    (3) Spectators are required to maintain a safe distance from the 
racecourse at all times.
    (c) Effective Date. This section becomes effective annually on the 
third Sunday of July at 12 p.m. and terminates at 4:30 p.m. EDT.

[CGD07-98-024, 63 FR 34814, June 26, 1998]



Sec. 100.734  Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL.

    (a) Regulated Area. A regulated area is established consisting of 
all waters of Hillsborough Bay and its tributaries north of 
27[deg]51[min]18[sec] north latitude and south of the John F. Kennedy 
Bridge. The regulated area includes the following in their entirety: 
Hillsborough Cut ``D'' Channel, Seddon Channel, and the Hillsborough 
River south of the John F. Kennedy Bridge. All coordinates referenced 
use datum: NAD 83.
    (b) Special local regulations.
    (1) Entrance into the regulated area is prohibited to all commercial 
marine traffic from 9 a.m. to 2:30 p.m. EST on the day of the event.

[[Page 293]]

    (2) The regulated area is a ''no wake`` zone.
    (3) All vessels within the regulated area shall stay 50 feet away 
from and give way to all officially entered vessels in parade formation 
in the Gasparilla Marine Parade.
    (4) When within the marked channels of the parade route, vessels 
participating in the Gasparilla Marine Parade may not exceed the minimum 
speed necessary to maintain steerage.
    (5) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (6) Northbound vessels in excess of 80 feet in length without 
mooring arrangements made prior to the date of the event are prohibited 
from entering Seddon Channel unless the vessel is officially entered in 
the Gasparilla Marine Parade. All northbound vessels in excess of 80 
feet without prior mooring arrangements and not officially entered in 
the Gasparilla Marine Parade must use the alternate route through 
Sparkman Channel.
    (7) Vessels not officially entered in the Gasparilla Marine Parade 
may not enter the Parade staging area box within the following 
coordinates: 27[deg]53[min]53[sec] N 082[deg]27[min]47[sec] W 
27[deg]53[min]22[sec] N 082[deg]27[min]10[sec] W 27[deg]52[min]36[sec] N 
082[deg]27[min]55[sec] W 27[deg]53[min]02[sec] N 082[deg]28[min]31[sec] 
W
    (c) Enforcement period. This section will be enforced from 9 a.m. 
until 2:30 p.m. EST, annually on the last Saturday in the month of 
January.

[CGD07-05-156, 71 FR 76153, Dec. 20, 2006]



Sec. 100.735  Winterfest Boat Parade, Broward County, Fort Lauderdale, Florida

    (a) Regulated areas--(1) Staging area. The staging area consists of 
all waters of the Port Everglades turning basin, including the North and 
South extensions, all waters of the Bar Cut west of a line from position 
26[deg]05.668[min] N, 080[deg]06.491[min] W, to position 
26[deg]05.557[min] N, 080[deg]06.491[min] W, and all waters of the ICW, 
bank to bank, from Dania Sound Light 35 (LLNR 47575) to the Port 
Everglades turning basin.
    (2) Parade route. The parade route consists of the Intracoastal 
Waterway (ICW), bank to bank, from a line drawn across the ICW at the 
17th Street Causeway Bridge between position 26[deg]06.098[min] N, 
080[deg]07.179[min] W and position 26[deg]06.092[min] N, 
080[deg]07.085[min] W, to Pompano Beach Daybeacon 74 (LLNR 47230).
    (3) Viewing area. The viewing area consists of all waters of the ICW 
east of the centerline of the charted channel from the Sunrise Boulevard 
Bridge (26[deg]08.281[min] N, 080[deg]06.482[min] W) past Hugh Taylor 
Birch State Park to position 26[deg]09.0[min] N, 080[deg]06.3[min] W at 
the north end of Hugh Taylor Birch State Park.
    (4) Judging area. The judging area consists of an area of the ICW, 
bank to bank, from a point on the northwest side of the 17th Street 
Causeway Bridge in position 26[deg]06.098[min] N, 080[deg]07.179[min] W, 
north to position 26[deg]06.131[min] N, 080[deg]07.19[min] W, then east 
to position 26[deg]06.131[min] N, 080[deg]07.10[min] W, then back south 
to position 26[deg]06.092[min] N, 080[deg]07.085[min] W at the northeast 
side of the 17th Street Causeway Bridge.
    (b) Special local regulations--(1) Staging area. Non-participant 
vessels are prohibited from entering or anchoring in the staging area, 
unless authorized by the Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander may allow vessels to enter the staging area when the 
last participant vessel has departed the staging area. The Coast Guard 
Patrol Commander will notify the public via Marine Safety Radio 
Broadcast on VHF Marine Band Radio, Channel 16 (157. MHz) if vessels are 
allowed to enter the staging area.
    (2) Parade route. During the parade transit, non-participant vessels 
are prohibited from approaching within 175 yards ahead of the lead 
vessel and 175 yards astern of the last participating vessel in the 
parade, and within 15 yards either side of the parade unless authorized 
by the Coast Guard Patrol Commander.
    (3) Viewing and judging areas. Vessels are prohibited from entering 
or anchoring in the viewing and judging areas unless authorized by the 
Coast Guard Patrol Commander.
    (4) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Miami, Florida and 
is also the designated representative of the Captain of the Port of 
Miami for

[[Page 294]]

purposes of enforcing security zones in Port Everglades during this 
event.
    (c) Dates. This section is effective from 4 p.m. until 11 p.m. 
annually, on the first Saturday falling between December 13 and 19, 
inclusive.

[CGD07-02-122, 67 FR 76988, Dec. 16, 2002]



Sec. 100.736  Annual Fort Myers Beach air show; Fort Myers Beach, FL.

    (a)(1) Regulated Area. The regulated area is formed by the following 
coordinates; point 1: 26[deg]28[min]08[sec] N, 81[deg]59[min]15[sec] W 
south to point 2: 26[deg]27[min]37[sec] N, 81[deg]59[min]39[sec] W east 
to point 3: 26[deg]25[min]45[sec] N, 81[deg]55[min]34[sec] W north to 
point 4: 26[deg]26[min]14[sec] N, 81[deg]55[min]22[sec] W and west along 
the contour of the shore to point 5: 26[deg]27[min]52[sec] N, 
81[deg]58[min]04[sec] W to original point 1: 26[deg]28[min]08[sec] N, 
81[deg]59[min]15[sec] W. All coordinates referenced use datum: NAD 83.
    (2) Air Box Area. The air box area is contained within the regulated 
area and is formed by the following coordinates; point 1: 
26[deg]27[min]34[sec] N, 81[deg]58[min]22[sec] W south to point 2: 
26[deg]27[min]07[sec] N, 81[deg]58[min]39[sec] W east to point 3: 
26[deg]26[min]15[sec] N, 81[deg]56[min]36[sec] W north to point 4: 
26[deg]26[min]42[sec] N, 81[deg]56[min]22[sec] W and west to original 
point 1: 26[deg]27[min]34[sec] N, 81[deg]58[min]22[sec] W. All 
coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) Vessels and persons are 
prohibited from entering the air box area defined in paragraph (a)(2) of 
this section.
    (2) No vessel may anchor/moor or transit within the regulated area 
defined in paragraph (a)(1) of this section, with the exception of 
vessel transit permitted in the marked channel as set forth in paragraph 
(b)(3) of this section.
    (3) Vessels entering and exiting Matanzas Pass Channel will be 
allowed to transit using the marked channel only at Matanzas Pass 
Channel day beacon 3 (26[deg]25[min]54[sec] N, 
82[deg]58[min]12[sec] W, LLNR 16365) and 4 
(26[deg]26[min]06[sec] N, 82[deg]57[min]48[sec] W, LLNR 16370) but may 
not linger within the regulated area. All coordinates referenced use 
datum: NAD 83.
    (c) Dates. This section will be enforced annually on the second 
consecutive Friday, Saturday, and Sunday of May from 8:30 a.m. until 
4:30 p.m.

[CGD07-05-012, 70 FR 29197, May 20, 2005]



Sec. 100.740  Annual Offshore Super Series Boat Race; Fort Myers Beach, FL.

    (a) Regulated area. (1) The regulated area is formed by the 
following coordinates; point 1: 26[deg]27[min]43[sec]N, 
81[deg]58[min]22[sec]W south to point 2: 26[deg]27[min]05[sec]N, 
81[deg]58[min]37[sec]W east to point 3: 26[deg]25[min]39[sec]N, 
81[deg]55[min]46[sec]W north to point 4: 26[deg]26[min]14[sec]N, 
81[deg]55[min]22[sec]W and west to original point 1: 
26[deg]27[min]43[sec]N, 81[deg]58[min]22[sec]W. All coordinates 
referenced use datum: NAD 83.
    (2) The spectator line is formed by the following coordinates; point 
1: 26[deg]26[min]53[sec]N, 81[deg]58[min]27[sec]W east to point 2: 
26[deg]25[min]32[sec]N, 81[deg]53[min]57[sec]W. All coordinates 
referenced use datum: NAD 83.
    (b) Special local regulations. (1) Non-participant vessels and 
persons are prohibited from entering the regulated area as defined in 
paragraph (a)(1) of this section.
    (2) All vessel entering and exiting Matanzas Pass Channel shall 
proceed cautiously and take early action to avoid close-quarters 
situations until finally past and clear of the regulated area.
    (3) Anchoring is only permitted seaward of the spectator line as 
defined in paragraph (a)(2) of this section.
    (c) Enforcement Dates. This section will be enforced annually from 
10 a.m. to 5 p.m. EDT on the second consecutive Saturday and Sunday of 
June.

[CGD 07-05-019, 70 FR 34659, June 15, 2005]



Sec. 100.801  Annual Marine Events in the Eighth Coast Guard District.

    The following regulations apply to the marine events listed in Table 
1 of this section. These regulations will be effective annually, for the 
duration of each event listed in Table 1. Annual notice of the exact 
dates and times of the effective period of the regulation with respect 
to each event, the geographical area, and details concerning the nature 
of the event and the number of participants and type(s) of vessels 
involved will also be published in local notices to mariners. Sponsors 
of events listed in Table 1 of this section must submit an application 
each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard will patrol the event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may

[[Page 295]]

be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.''
    (b) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state or local 
law enforcement and sponsor provided vessels assigned or approved by the 
Commander, Eighth Coast Guard District, to patrol the event.
    (c) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so directed 
by that officer and will be operated at a no wake speed in a manner 
which will not endanger participants in the event or any other craft.
    (d) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated area 
during the effective dates and times, unless cleared for entry by or 
through an official patrol vessel.
    (e) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (f) Any spectator vessel may anchor outside the regulated area 
specified in Table 1 of this section, but may not anchor in, block, or 
loiter in a navigable channel.
    (g) The Patrol Commander may terminate the event or the operation of 
any vessel at any time it is deemed necessary for the protection of life 
or property.
    (h) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.

 Table 1 of Sec. 100.801--Eighth Coast Guard District Table of Annual 
                              Marine Events

                    I. GROUP UPPER MISSISSIPPI RIVER

1. Riverfest Power Boat Grand Prix
    Sponsor: Twin City Power Boat Association
    Date: 1 Day--2nd Saturday in June
    Regulated Area: Upper Mississippi River miles 980.0-981.0, Little 
Falls, MN
2. W.A.M.S.O. Ball Fireworks
    Sponsor: St. Paul Parks and Recreation
    Date: 1 Day--1st or 2nd Saturday in June
    Regulated Area: Upper Mississippi River miles 839.1-839.7, St. Paul, 
MN
3. Winona Downtown Arts & River Festival
    Sponsor: Winona Downtown Cooperative
    Date: 2 Days--2nd or 3rd Weekend in June
    Regulated Area: Upper Mississippi River miles 725.0-726.0, Winona, 
MN
4. La Crosse Riverfest
    Sponsor: Riverfest, Inc.
    Date: 5 Days--Last Week of June or 1st Week of July
    Regulated Area: Upper Mississippi River miles 698.0-699.0, La 
Crosse, WI
5. Fair St. Louis
    Sponsor: Fair St. Louis Committee
    Date: 3 Days--1st Week in July
    Regulated Area: Upper Mississippi River miles 179.2-180.0, St. 
Louis, MO
6. Fourth of July River Front Blast
    Sponsor: Alton Exposition Commission
    Date: 1 Day--1st Week in July
    Regulated Area: River Front Park, Upper Mississippi River miles 
202.5-203.5, Alton, IL
7. Steamboat days
    Sponsor: Winona Area Jaycees
    Date: 3 Days--1st Weekend in July
    Regulated Area: Upper Mississippi River miles 725.0-726.0, Winona, 
MN
8. Independence Day Celebration
    Sponsor: Marquette American Legion
    Date: 2 Days--1st Week in July
    Regulated Area: Upper Mississippi River miles 634.5-634.7, 
Marquette, IA
9. City of Redwing 4th of July Fireworks
    Sponsor: City of Redwing
    Date: 1 Day--4th of July
    Regulated Area: Upper Mississippi River miles 790.0-791.0, Red Wing, 
MN
10. City of Minneapolis 4th of July Fireworks
    Sponsor: City of Minneapolis
    Date: 1 Day--4th of July
    Regulated Area: Upper Mississippi River miles 854.7-855.8, 
Minneapolis, MN
11. The Great Steamboat Race
    Sponsor: Delta Queen Steamboat Company
    Date: 1 Day--4th of July
    Regulated Area: Upper Mississippi River miles 173.6-179.2, St. 
Louis, MO
12. Celebrate the Bridge Regatta
    Sponsor: Minneapolis Rowing Club
    Date: 1 Day--2nd or 3rd Saturday in July.
    Regulated Area: Upper Mississippi River miles 849.8-850.4, 
Minneapolis, MN
13. Hastings Rivertown Days
    Sponsor: Hastings Chamber of Commerce
    Date: 3 Days--3rd Weekend in July
    Regulated Area: Upper Mississippi River miles 813.0-815.2, Hastings, 
MN
14. Lumberjack Days Festival
    Sponsor: St. Croix Events and/or City of Stillwater

[[Page 296]]

    Date: 4 Days--3rd or 4th Weekend in July
    Regulated Area: Lower St. Croix River miles 22.9-23.5, Stillwater, 
MN
15. Minneapolis Aquatennial
    Sponsor: Minneapolis Aquatennial Association
    Date: 9 Days--3rd Weekend through 4th Weekend in July
    Regulated Area: Upper Mississippi River miles 854.7-856.2, 
Minneapolis, MN
16. Big Splash Festival
    Sponsor: City of Prairie du Chien and Lentzkow Racing
    Date: 4 Days--3rd Weekend of July
    Regulated Area: Upper Mississippi River miles 634.5-636.0, Prairie 
du Chien, WI
17. RiverFeast
    Sponsor: Capital City Partnership d.b.a. RiverFeast
    Date: 1 Day--3rd or 4th Saturday in July
    Regulated Area: Upper Mississippi River miles 839.0-839.8, St. Paul, 
MN
18. River City Days
    Sponsor: Red Wing Chamber of Commerce
    Date: 2 Days--1st or 2nd Weekend in August
    Regulated Area: Upper Mississippi River miles 790.0-792.0, Red Wing, 
MN
19. Riverboat Days
    Sponsor: City of Yankton, Twin City Power Boat Association, WNAX 
Radio
    Date: 3 Days--3rd Weekend in August
    Regulated Area: Missouri River miles 805.0-806.0, Yankton, SD
20. Labor Day Celebration
    Sponsor: City of McGregor Chamber of Commerce
    Date: 4 Days--Last Weekend in August
    Regulated Area: Upper Mississippi River miles 633.0-634.0, McGregor, 
IA
21. Busch Beer Drag Boat Classic
    Sponsor: St. Louis Drag Boat Association
    Date: 2 Days--1st or 2nd Week of September
    Regulated Area: Kaskaskia River miles 28.0-29.0, New Athens, IL
22. Minnesota Orchestra on the Mississippi Fireworks Show
    Sponsor: City of St. Paul Parks and Recreation
    Date: 1 Day--1st or 2nd Saturday in September
    Regulated Area: Upper Mississippi River miles 839.1-839.7, St. Paul, 
MN

                          II. GROUP OHIO VALLEY

1. Eskimo Escapades--Water Ski Race
    Sponsor: Skiers of Knoxville, TN
    Date: 1 Day--2nd Saturday in January
    Regulated Area: Tennessee River miles 648.0-649.0, Knoxville, TN
2. Tom White Invitational--Rowing
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 1 Day--2nd or 3rd Saturday in March
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
3. Thunder Over Louisville
    Sponsor: Thunder Over Louisville
    Date: 1 Day--3rd Saturday in April
    Regulated Area: Ohio River miles 602.0-605.0, Louisville, KY
4. Marietta Invitational Rowing Regatta
    Sponsor: Marietta High School
    Date: 2nd Week of April
    Regulated Area: Muskingum River Mile 0.5-1.5, Marietta, OH
5. Southeast Intercollegiate Rowing Championships--Rowing Race
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 2 Days--3rd Weekend in April
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
6. Oak Ridge Scholastics--Rowing Shells
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 1 Day--4th Saturday in April
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
7. Kentucky Derby Festival Great Steamboat Race
    Sponsor: Kentucky Derby Festival/Belle of Louisville Operating Board
    Date: 1 Day--Last Week in April or First Week in May
    Regulated Area: Ohio River 597.0-604.0, Louisville, KY
8. Annual Boat Review--Marine Parade
    Sponsor: Chattanooga Marine Trade Association
    Date: 1 Day--1st Saturday in May
    Regulated Area: Tennessee River miles 471.0-478.0, Hamilton County, 
TN
9. TRRA Scholastic Sprint
    Sponsor: Three Rivers Rowing Association, Pittsburgh, PA
    Date: 1 Day--1st Sunday in May
    Regulated Area: Allegheny River miles 2.0-4.0, Pittsburgh, PA
10. UT Coaches Regatta--Rowing Race
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 1 Day--2nd or 3rd Saturday in May
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
11. NCAA Regional Championships--Rowing Race
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 1 Day--2nd or 3rd Saturday in May
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
12. Blessing of the Fleet--Parade of Boats
    Sponsor: Jonathan Aurora Action Committee, Aurora, KY
    Date: 1 Day--2nd or 3rd Weekend in May
    Regulated Area: Tennessee River miles 42.0-43.0, Aurora, KY
13. West Virginia Governors Cup Regatta
    Sponsor: University of Charleston
    Date: 3rd Week of May
    Regulated Area: Kanawha River Mile 59.5-62.0, Charleston, WV

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14. Boats and Music Regatta
    Sponsor: The Great Kanawha River Navy
    Date: Last Week of May
    Regulated Area: Kanawha River Mile 57.9-58.9, Charleston, WV
15. Albert Gallatin Regatta
    Sponsor: Point Marion (Pennsylvania) Rotary Club
    Date: 2 Days--Saturday & Sunday of Memorial Day Weekend
    Regulated Area: Monongahela River miles 89.9-90.8, Point Marion, PA
16. West Virginia Symphony Fireworks
    Sponsor: West Virginia Symphony
    Date: 1st Week of June
    Regulated Area: Kanawha River Mile 59.4-60.4, Charleston, WV
17. Riverbend Festival--Concerts and Fireworks
    Sponsor: Friends of the Festival, Chattanooga, TN
    Date: 4 Days--1st & 2nd Weekend in June
    Regulated Area: Tennessee River miles 463.4-464.5, Chattanooga, TN
18. Annual Superman Celebration--Fireworks
    Sponsor: Metro Chamber, Metropolis, IL
    Date: 1 Day--2nd Saturday in June
    Regulated Area: Ohio River miles 942.0-943.0, Metropolis, IL
19. Saint Brendan Cup Rowing Race
    Sponsor: Pittsburgh Irish Rowing Club
    Date: 1 Day--2nd or 3rd Saturday in June
    Regulated Area: Ohio River miles 7.0-9.0, Pittsburgh, PA
20. Blessing of The Fleet
    Sponsor: Pittsburgh Safe Boating Committee
    Date: 1 Day--2nd or 3rd Sunday in June
    Regulated Area: Allegheny River miles 0.0-0.2, Pittsburgh, PA
21. River Heritage Days Regatta And Powerboat Races
    Sponsor: River Heritage Days Committee
    Date: 2 Days--Saturday & Sunday--2nd or 3rd Weekend in June
    Regulated Area: Ohio River miles 127.6-128.5, New Martinsville, WV
22. Picnic With the Pops
    Sponsor: Huntington Symphony Orchestra
    Date: 2nd or 3rd week of June
    Regulated Area: Ohio River Mile 307.5-308.5, Huntington, WV
23. Point Pleasant Sternwheel Regatta and River Festival
    Sponsor: Point Pleasant Sternwheel Regatta
    Date: 3 Days--Last Weekend in June
    Regulated Area: Ohio River miles 265.0-266.0, Point Pleasant, WV
24. Thunder On The Ohio
    Sponsor: Evansville Freedom Festival
    Date: 3 Days--Last Weekend in June
    Regulated Area: Ohio River miles 792.0-793.0, Evansville, IN
25. Augusta Sternwheel Days
    Sponsor: City of Augusta/Sternwheel Days Committee
    Date: 1 Day--Last Saturday in June
    Regulated Area: Ohio River miles 426.0-429.0, Augusta, KY
26. Festival On The Lake--Rowing Race
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 2 Days--4th Weekend in June
    Regulated Area: Clinch River miles 50.3-50.8, Anderson County, TN
27. Chattanooga Dam Triathlon--Lake Swim
    Sponsor: Chattanooga Track Club
    Date: 1 Day--4th Sunday in June
    Regulated Area: Tennessee River miles 471.0-471.5, Chattanooga, TN
28. Charleston 4th of July Celebration
    Sponsor: Charleston Festival Commission
    Date: 1st Week of July
    Regulated Area: Kanawha River Mile 50.9-51.9, Charleston, WV
29. Annual River Recreational Festival
    Sponsor: Gallia County Chamber of Commerce
    Date: 1st Week of July
    Regulated Area: Ohio River Mile 269.0-270.0, Gallipolis, OH
30. Civic Forum Fireworks and Entertainment
    Sponsor: Civic Forum
    Date: 1st Week of July
    Regulated Area: Ohio River Mile 355.5-356.5, Portsmouth, OH
31. Freedomfest
    Sponsor: WTCR FM
    Date: 1st Week of July
    Regulated Area: Ohio River Mile 307.5-308.5, Huntington, WV
32. City of Pittsburgh July 4th Celebration
    Sponsor: Citiparks
    Date: 1 Day--4th of July
    Regulated Area: Ohio River miles 0.0-0.2, Pittsburgh, PA
33. EZ Challenge Speedboat Race
    Sponsor: APR Events Group, New Martinsville, WV
    Date: 2 Days--Saturday & Sunday on or about 4th of July
    Regulated Area: Ohio River miles 77.0-78.0, Brooke County, WV
34. St. Albans Riverfest
    Sponsor: St. Albans Riverfest, Inc.
    Date: 2 Days--1st Weekend in July
    Regulated Area: Kanawha River miles 46.0-47.0, St. Albans, WV
35. Summer Motion Festival Tri-State Fireworks
    Sponsor: Tri-State Fair and Regatta Committee
    Date: 1 Day--4th of July
    Regulated Area: Ohio River miles 322.4-322.6, Ashland, KY
36. Indiana Governor's Cup
    Sponsor: Madison Regatta Inc.
    Date: 3 Days--1st Weekend in July
    Regulated Area: Ohio River miles 557.0-558.0, Madison, IN

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37. The New Kensington Recreational Commission's Fireworks Display
    Sponsor: New Kensington Recreation Commission
    Date: One day--July 3rd
    Regulated Area: Allegeheny River mile 18.3-18.7
38. Toronto 4th of July Celebration
    Sponsor: Toronto 4th of July Committee
    Date: One day--July 3rd
    Regulated Area: Ohio River between mile 58.1-59.1
39. Wheeling Symphony Conducky Derby
    Sponsor: Wheeling Symphony Society Inc.
    Date: One day--July 4th
    Regulated Area: Ohio River between mile 90.2-90.7
40. Independence Day Celebration--Fireworks
    Sponsor: Paducah Parks Department
    Date: 1 Day--4th of July
    Regulated Area: Ohio River miles 935.5-936.0, Paducah, KY
41. Independence Day Celebration--Boat Parade and Fireworks
    Sponsor: Metropolitan Board of Parks and Recreation, Nashville, TN
    Date: 1 Day--4th of July
    Regulated Area: Cumberland River miles 190.0-191.0, Nashville, TN
42. 4th of July Celebration--Fireworks
    Sponsor: Players Riverboat Casino, Metropolis, IL
    Date: 1 Day--3rd or 4th of July
    Regulated Area: Ohio River miles 943.0-944.0, Metropolis, IL
43. Lottie McAlice Rowing Race
    Sponsor: Three Rivers Rowing Association, Pittsburgh, PA
    Date: 2 Days--Saturday & Sunday Near July 15
    Regulated Area: Allegheny River miles 2.0-3.0, Pittsburgh, PA
44. Rocketman Triathlon--Lake Swim
    Sponsor: Spring City Triathletes, Huntsville, AL
    Date: 1 Day--2nd or 3rd Saturday in July
    Regulated Area: Tennessee River miles 324.0-324.5, Madison County, 
TN
45. Cross River Swim Paducah Summerfest
    Sponsor: Paducah Tourist & Convention Commission
    Date: 1 Day--3rd Saturday in July
    Regulated Area: Ohio River miles 934.5-936.0, Paducah, KY
46. Oak Ridge Sprints--Rowing Race
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 3 Days--3rd Weekend in July
    Regulated Area: Clinch River miles 49.8-51.1, Anderson County, TN
47. Summerfest
    Sponsor: Tri-State Fair and Regatta
    Date: 3rd or 4th Week of July
    Regulated Area: Ohio River Mile 307.5-308.5, Huntington,WV
48. Fitness System's Lock Triathlon--Lake Swim
    Sponsor: Greater Knoxville Triathlon Club
    Date: 1 Day--4th Weekend in July
    Regulated Area: Clinch River miles 22.0-23.0, Loudon County, TN
49. Paducah Summer Festival--Fireworks
    Sponsor: Paducah Promotions
    Date: 1 Day--4th Weekend In July
    Regulated Area: Ohio River miles 934.0-935.0, Paducah, KY
50. Oakmont Regatta
    Sponsor: Oakmont Yacht Club, Oakmont, PA
    Date: 2 Days--Last Saturday and Sunday in July
    Regulated Area: Allegheny River miles 11.8-12.3, Oakmont, PA
51. Pittsburgh Three Rivers Regatta
    Sponsor: Pittsburgh Three Rivers Regatta, Inc.
    Date: 7 Days--End of July or beginning of August
    Regulated Area: One mile around point at confluence of Allegheny 
River miles 0.0-1.0, Monongahela River miles 0.0-0.2, and Ohio River 
miles 0.0-0.9, Pittsburgh, PA
52. Beaver County Riverfest
    Sponsor: Beaver County Chamber of Commerce, Beaver, PA
    Date: 3 Days--Friday, Saturday & Sunday nearest August 15
    Regulated Area: Ohio River miles 25.1-25.8, Beaver River miles 0.1-
0.3, Beaver County, PA
53. Belpre Ohio Homecoming
    Sponsor: Belpre Ohio Chamber of Commerce
    Date: 2nd Week of August
    Regulated Area: Ohio River Mile 185.5-186.5, Belpre, OH
54. Rumble on the River
    Sponsor: Southern Ohio Water Sports
    Date: 2nd Week of August
    Regulated: Ohio River Mile 355.5-356.5, Portsmouth OH
55. Steubenville (Ohio) Regatta Rumble On The River
    Sponsor: Steubenville Regatta And Racing Association, Inc.
    Date: 3 Days--Friday, Saturday & Sunday nearest August 15
    Regulated Area: Ohio River miles 65.0-67.0, Jefferson County, OH
56. Armstrong County (Pennsylvania) Regatta
    Sponsor: Three Rivers Outboard Racing Association
    Date: 2 Days--Saturday & Sunday nearest August 15
    Regulated Area: Allegheny River miles 43.8-45.7, Armstrong County, 
PA
57. Parkersburg Homecoming Festival
    Sponsor: Parkersburg Homecoming Festival
    Date: 2 Days--3rd Weekend in August

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    Regulated Area: Ohio River miles 184.0-185.0, Parkersburg, WV
58. Kentucky Drag Boat Association Inc.: Drag Boat Races
    Sponsor: Kentucky Drag Boat Association Inc.
    Date: 3 Days--End of August
    Regulated Area: Green River miles 70.0-71.5, Livermore, KY
59. WEBN/Toyota Fireworks
    Sponsor: WEBN
    Date: 1 Day--Sunday before Labor Day
    Regulated Area: Ohio River 469.2-470.5, Cincinnati, OH
60. Charleston Sternwheel Regatta
    Sponsor: Charleston Festival Commission
    Date: 4 Days--The 2 Weekends before Labor Day
    Regulated Area: Kanawha River miles 57.0-59.0, Charleston, WV
61. Aurora APR Power Boat Races
    Sponsor: Aurora Riverfront Beautification
    Date: August 29
    Regulated Area: Ohio River, at approximately mile 496.0-499.0, mid-
channel, Aurora, IN
62. Portsmouth River Days
    Sponsor: Portsmouth River Days Inc.
    Date: 1st Week of September
    Regulated Area: Ohio River Mile 355.5-356.5, Portsmouth, OH
63. Ohio River Sternwheel Festival
    Sponsor: Ohio River Sternwheel Festival Commission
    Date: 2 Days--1st or 2nd Weekend in September
    Regulated Area: Ohio River miles 170.0-180.0, Marietta, OH
64. My 102 Booms Day--Fireworks
    Sponsor: WMYU Radio, Knoxville, TN
    Date: 1 Day--1st Weekend in September
    Regulated Area: Tennessee River miles 645.0-649.0, Knoxville, TN
65. Ducks On The Ohio
    Sponsor: Goodwill Industries, Inc.
    Date: 1 Day--2nd or 3rd Weekend in September
    Regulated Area: Ohio River miles 792.0-793.0, Evansville, IN
66. Head of Licking Regatta
    Sponsor: Kendle, Cincinnati Rowing Club, City of Newport
    Date: 1 Day--Last Saturday in September
    Regulated Area: Licking River miles 0.0-3.5, Newport, KY
67. Fleur De Lis Regatta
    Sponsor: City of Louisville, KY
    Date: 2 Days--Last Weekend in September
    Regulated Area: Ohio River miles 602.0-604.0, Louisville, KY,
68. Head of The Ohio
    Sponsor: Pittsburgh Mercy Foundation
    Date: 1 Day--1st Saturday in October
    Regulated Area: Allegheny River miles 0.0-4.0, Pittsburgh, PA
69. Chattanooga Head Race--Rowing Race
    Sponsor: Look Out Rowing Club
    Date: 1 Day--2nd Saturday in October
    Regulated Area: Tennessee River miles 464.0-467.0, Chattanooga, TN
70. Head of Tennessee Regatta
    Sponsor: Knoxville Rowing Association
    Date: 1 Day--2nd Saturday in October
    Regulated Area: Tennessee River miles 641.5-645.0, Knoxville, TN
71. City of Pittsburgh Light Up Night Fireworks
    Sponsor: Citiparks
    Date: 1 Day--1st Friday in November
    Regulated Area: Ohio River miles 0.0-0.2, Pittsburgh, PA
72. Light Up Pittsburgh
    Sponsor: Kauffmans
    Date: 3rd Friday in November
    Regulated Area: Ohio River mile 0.0-0.1
73. Christmas on the River--Marine Parade
    Sponsor: Chattanooga Downtown Partnership
    Date: 1 Day--Last Weekend in November or 1st Weekend in December
    Regulated Area: Tennessee River miles 464.0-469.0, Chattanooga, TN
74. First Night Pittsburgh
    Sponsor: Forest City Management
    Date: One day--31 December
    Regulated Area: Ohio River mile 0.0-0.1

                   III. GROUP LOWER MISSISSIPPI RIVER

1. Memphis in May Canoe & Kayak Race
    Sponsor: Outdoors, Inc.
    Date: 1 Day--1st or 2nd Saturday in May
    Regulated Area: Lower Mississippi River miles 735.5-738.5, Memphis, 
TN
2. Duckin' Down the River Rubber Duck Race
    Sponsor: Young Women's Community Guild
    Date: 1 Day--1st or 2nd Saturday in May
    Regulated Area: Arkansas River miles 308.2-308.6, Fort Smith, AR
3. Memphis in May Sunset Symphony Fireworks Display
    Sponsor: Memphis in May International Festival, Inc.
    Date: 1 Day--Saturday before Memorial Day
    Regulated Area: Lower Mississippi River miles 735.0-736.0, Memphis, 
TN
4. Riverfest, Little Rock Arkansas
    Sponsor: Riverfest, Inc.
    Date: 1 Day--Sunday before Memorial Day
    Regulated Area: Arkansas River miles 118.8-119.5, Main Street 
Bridge, Little Rock, AR
5. Riverfest Fireworks Display
    Sponsor: Old Fort Riverfest Committee
    Date: 1 Day--2nd or 3rd Saturday in June
    Regulated Area: Arkansas River miles 297.0-298.0, Fort Smith, AR
6. Fourth of July Fireworks
    Sponsor: Memphis Center City Commission
    Date: 1 Day--4th of July

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    Regulated Area: Lower Mississippi River miles 735.5-736.5, Mud 
Island, Memphis, TN
7. Pops on the River Fireworks Display
    Sponsor: Arkansas Democrat-Gazette
    Date: 1 Day--4th of July
    Regulated Area: Arkansas River miles 118.8-119.5, Main Street 
Bridge, Little Rock AR
8. Fourth of July Celebration
    Sponsor: Pickwick Landing State Park
    Date: 4th of July
    Regulated Area: Tennessee River Mile 206.7-209.0, Pickwick Dam, TN
9. Independence Day Celebration
    Sponsor: City of Guntersville
    Date: 4th of July
    Regulated Area: Tennessee River Miles 356.0-360.0, Guntersville, AL
10. Spirit of Freedom Celebration
    Sponsor: WLAY Radio
    Date: 4th of July
    Regulated Area: Tennessee River Mile 255.0-256.5, Sheffield, AL
11. Meat on the River Barbecue Cook-Off Fireworks Display
    Sponsor: Meat on the Mississippi
    Date: 1 Day--1st Friday or Saturday in August
    Regulated Area: Lower Mississippi River miles 847.0-849.0, 
Caruthersville, MO
12. Budweiser/Jesse Brent Memorial Boat Racing Association
    Sponsor: Budweiser/Jesse Brent Memorial Boat Racing Association
    Date: 1 Day--Sunday before Labor Day
    Regulated Area: Lake Ferguson, Greenville, MS
13. Arkansas National Drag Boat Races
    Sponsor: Mid-South Drag Boat Association
    Date: 2 Days--Saturday and Sunday before Labor Day
    Regulated Area: Lake Langhofer, Arkansas River miles 71.0-71.5, Pine 
Bluff, AR
14. The Great River Cook-Off Ski Exhibition
    Sponsor: North Little Rock Junior League
    Date: 2nd Weekend in September
    Regulated Area: Arkansas River miles 118.8-119.1, Little Rock, AR

                            IV. GROUP MOBILE

1. Air Sea Rescue
    Sponsor: Gulf Coast Shows
    Date: 1st or 2nd Weekend in February
    Regulated Area: Mobile River \1/2\ mile upriver and \1/2\ mile down 
river from the Mobile Convention Center, Mobile, AL
2. Bass Tournament Weigh-In
    Sponsor: Gulf Coast Shows
    Date: 2 Days--3rd or 4th Weekend in February
    Regulated Area: Mobile River \1/2\ mile upriver and \1/2\ mile down 
river from the Mobile Convention Center, Mobile, AL
3. Water Ski Demonstrations
    Sponsor: Gulf Coast Shows
    Date: 2 Days--3rd or 4th Weekend in February
    Regulated Area: Mobile River \1/2\ mile upriver and \1/2\ mile down 
river from the Mobile Convention Center, Mobile, AL
4. Mobile Boat and Sportsman Show
    Sponsor: Gulf Coast Shows
    Date: Last week of February
    Regulated Area: Mobile River, \1/2\ mile upriver and \1/2\ mile down 
river from the Mobile Convention Center, Lower Mobile River
5. Blessing of the Fleet--Biloxi, MS
    Sponsor: St. Michael's Catholic Church
    Date: 1 Day--1st or 2nd Sunday in May
    Regulated Area: Entire Biloxi Channel, Biloxi, MS
6. Blessing of the Fleet--Bayou La Batre, AL
    Sponsor: St. Margaret Church
    Date: 1 Day--2nd or 3rd Sunday in May
    Regulated Area: Entire Bayou La Batre, Bayou La Batre, AL
7. Annual Krewe of Billy Bowlegs Pirate Festival
    Sponsor: Krewe of Billy Bowlegs of Okaloosa County, Inc.
    Date: First weekend in June
    Regulated Area: Santa Rosa Sound, east of the Brooks Bridge to Fort 
Walton Yacht Club at Smack Point at the western end of Choctowatchee Bay 
and Cinco Bayou
8. Independence Day Fireworks, Destin, FL
    Sponsor: City of Destin, FL.
    Date: 1 Day--4th of July.
    Regulated Area: Destin East Pass between and including buoys 5 to 
11, Destin, FL.
9. Independence Day Fireworks, Gulf Shores, AL
    Sponsor: City of Gulf Shores
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform adjacent 
to Main Pavilion at Gulf Shore Public Beach, Gulf Shores, AL
10. Independence Day Fireworks, Panama City, FL
    Sponsor: US Navy MWR NSWCCSS CP21
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform adjacent 
to Hathaway Bridge in St. Andrews Bay, Panama City, FL
11. Independence Day Fireworks, Niceville & Valparaiso, FL
    Sponsor: Niceville-Valparaiso Bay Chamber of Commerce
    Date: 1 Day--4th of July
    Regulated Area: Entire Boggy Bayou, Valparaiso, FL
12. Fourth of July Fireworks, Mobile
    Sponsor: Mobile Register
    Date: 1 Day--4th of July
    Regulated Area: 500 feet from the east bank of the Lower Mobile 
River between latitudes 30-41.34N and 30-41.24N.
13. Flag Day Parade

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    Sponsor: Warrior River Boating Association
    Date: 1 Day--July 5th
    Regulated Area: Warrior River Bankhead Lake River miles 368.4-386.4, 
Cottondale, AL
14. Blue Angels Air Show, Pensacola Beach
    Sponsor: Naval Air Station, Pensacola, FL
    Date: 2nd weekend in July
    Regulated Area: A 5 nautical mile radius from a center point located 
1500 feet out from the Pensacola Beach shoreline in front of the 
Pensacola Beach water tank.
15. MWR Fort to Fort Swim
    Sponsor: Morale, Welfare and Recreation, Naval Air Station, 
Pensacola, FL
    Date: First weekend in August
    Regulated Area: Fort Pickens Pier to Barrancas Beach, crossing the 
Gulf Intracoastal Water Eay at statute mile 180, between buoys 13, 14, 
15, and 16.
16. Annual Labor Day Fireworks
    Sponsor: City of Destin, FL.
    Date: 1 Day--Day of or Day before Labor Day.
    Regulated Area: Destin East Pass between and including buoys 5 to 
11, Destin, FL.
17. Christmas Afloat, Tuscaloosa, AL
    Sponsor: Christmas Afloat, Inc.
    Date: 1 Day--2nd or 3rd Weekend in December
    Regulated Area: Warrior River miles 338.0-341.0, Tuscaloosa County, 
AL
18. Independence Day Fireworks, Mobile, AL
    Sponsor: The Mobile Register.
    Date: 1 Day--4th of July.
    Regulated Area: From the shore of the east bank out 500 feet into 
the Mobile River between latitudes 30 degrees 41 minutes 20 seconds 
North and 30 degrees 41 minutes 15 seconds North.
19. Blue Angels Air Show, Pensacola, FL
    Sponsor: Naval Air Station Pensacola, FL.
    Date: 2 Days--2nd weekend in July.
    Regulated Area: A five nautical mile radius from a center point 
located 1,500 feet from the Pensacola Beach water tower in a direction 
perpendicular to the beachfront.
20. Fort-to-Fort Swim, Pensacola, FL
    Sponsor: Naval Air Station Pensacola, FL.
    Date: 1 Day--1st weekend in August.
    Regulated Area: Fort Pickens pier to Barrancas Beach, crossing the 
Gulf Intracoastal Waterway at statute mile 180 between buoys 13, 14, 15, 
and 16.
21. Keesler Air Force Base Air Show, Biloxi, MS
    Sponsor: Keesler Air Force Base, Biloxi, MS.
    Date: 2 Days--1st weekend in November.
    Regulated Area: Bounded by the following coordinates: (1) Latitude 
30 degrees, 24 minutes, 36 seconds North, longitude 088 degrees, 56 
minutes, 00 seconds West; (2) latitude 30 degrees, 25 minutes, 30 
seconds North, longitude 088 degrees, 55 minutes, 20 seconds West; (3) 
latitude 30 degrees, 25 minutes, 10 seconds North, longitude 088 
degrees, 54 minutes, 55 seconds West.
22. Annual Krewe of Billy Bowlegs Pirate Festival, Okaloosa County, FL
    Sponsor: The Krewe of Billy Bowlegs of Okaloosa County, Inc.
    Date: 2 Days--1st weekend in June.
    Regulated Area: Santa Rosa Sound, east of the Brooks Bridge to Fort 
Walton Yacht Club at Smack Point on the western end of Choctowatchee Bay 
and Cinco Bayou.

                          V. GROUP NEW ORLEANS

1. Blessing of The Fleet
    Sponsor: Our Lady of Prompt Succor Catholic Church, Golden Meadow, 
LA
    Date: 1 Day--2nd Saturday in May
    Regulated Area: Bayou Lafourche in the area between Galliano, LA to 
the area of downtown Golden Meadow, LA
2. The Blessing of the Fleet and Fireworks Display, Morgan City, LA
    Sponsor: LA Shrimp And Petroleum Festival and Fair Assoc., Inc.
    Date: 1 Day--Sunday of Labor Day Weekend
    Regulated Area: Berwick Bay From Junction of the Lower Atchafalaya 
River at Morgan City, LA to Berwick Locks Buoy 1 (LLNR 18445)
3. July Fourth Fireworks Display
    Sponsor: City of Morgan City, LA
    Date: 1 Day--4th of July
    Regulated Area: Mile marker 0.0-1.0, Morgan City Port Allen Route
4. Annual Patterson Pirogue Race, Patterson, LA
    Sponsor: Rotary Club of Patterson
    Date: 1 Day--4th of July
    Regulated Area: Lower Atchafalaya River--Jennings Bridge to 1 mile 
South of Jennings Bridge, Patterson, LA
5. USS KIDD Star Spangled Celebration, Baton Rouge, LA
    Sponsor: USS KIDD and Nautical Center
    Date: 1 Day--4th of July
    Regulated Area: Lower Mississippi River miles 229.4-229.6, Baton 
Rouge, LA
6. Uncle Sam Jam Fireworks, Alexandria, LA
    Sponsor: Champion Broadcasting of Alexandria
    Date: 1 Day--4th of July
    Regulated Area: Red River, miles 83.0-87.0, Alexandria, LA
7. Monroe Jaycees Fireworks, Monroe, LA
    Sponsor: Monroe Jaycees
    Date: 1 Day--4th of July
    Regulated Area: Ouachita River, miles 164.0-169.0, at the Parish 
Court House, Monroe, LA
    8. Boomtown Casino Fireworks, Harvey, LA
    Sponsor: Boomtown Casino
    Date: 1 Day--4th of July

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    Regulated Area: Harvey Canal, miles 3.5-5.5, the entire width of the 
canal, Harvey, LA
9. Kenner Fireworks, Kenner, LA
    Sponsor: City of Kenner
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform in Lake 
Pontchartrain at Williams Blvd, Kenner, LA
10. Bally's Casino Fireworks, New Orleans, LA
    Sponsor: Bally's Casino
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform in Lake 
Pontchartrain, \1/4\ miles North of Bally's Casino, New Orleans, LA
11. Riverfront Marketing Fireworks, New Orleans, LA
    Sponsor: Riverfront Marketing Group
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform adjacent 
to Woldenburg Park in Mississippi River, New Orleans, LA
12. Annual Hogdown Fireworks, Mandeville, LA
    Sponsor: Mr. R. C. Lunn
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform adjacent 
to intersection of Tangipahoa River and Lake Pontchartrain, Mandeville, 
LA
13. Riverfront Marketing Fireworks, New Orleans
    Sponsor: Jax Brewery
    Date: 1 Day--December 31
    Regulated Area: 500 yard radius around fireworks platform in 
Mississippi River adjacent to Woldenburg Park, New Orleans, LA
14. Riverfront Marketing Fireworks, New Orleans
    Sponsor: Riverfront Marketing Group
    Date: 1 Day--Lundi Gras Day
    Regulated Area: 500 yard radius around fireworks platform in 
Mississippi River adjacent to Algiers Point, New Orleans, LA

                           VI. GROUP GALVESTON

1. Neches River Festival, Beaumont, TX
    Sponsor: Neches River Festival, Inc.
    Date: 2 Days--2nd, 3rd, or 4th Weekend in April.
    Regulated Area: Neches River from Collier's Ferry Landing to 
Lawson's Crossing at the end of Pine St., Beaumont, TX.
2. Contraband Days Fireworks Display, Lake Charles, LA
    Sponsor: Contraband Days Festivities, Inc.
    Date: 1 Day--2nd Saturday of May
    Regulated Area: 500 foot radius from the fireworks barge in Lake 
Charles anchored at approximate position 30[deg]13[min]54[min] N-
093[deg]13[min]42[min] W, Lake Charles, LA
3. National Safe Boating Week
    Sponsor: Houston Power Squadron
    Date: Last weekend in May or first weekend in June
    Regulated Area: Clear Creek Channel from Light 2 up to, but not 
including, the South Shore Harbor Marina.
4. Sylvan Beach Fireworks Display, Sylvan Beach, Houston, TX
    Sponsor: City of LaPorte
    Date: 1 Day--End of June or Early July
    Regulated Area: Rectangle Extending 250 feet East, 250 feet West; 
1000 feet North, and 1000 feet South, centered around fireworks barge at 
Sylvan Beach, Houston, TX
5. Neches River 4th of July Celebration, Beaumont, Texas
    Sponsor: City of Beaumont
    Date: 1 Day--4th of July
    Regulated Area: River Front Park, Beaumont, TX--All waters of the 
Neches River, bank to bank, from the Trinity Industries Dry Dock to the 
northeast corner of the Port of Beaumont's dock No. 5
6. Clear Lake Fireworks Display, Clear Lake, Houston, TX
    Sponsor: Clear Lake Chamber of Commerce
    Date: 1 Day--4th of July
    Regulated Area: Rectangle extending 500 feet East, 500 feet West; 
1000 feet North, and 1000 feet South, centered around fireworks barge at 
Light 19 on Clear Lake, Houston, TX
7. Blessing of the Fleet
    Sponsor: Clear Lake Elks Club
    Date: First Sunday in August
    Regulated Area: Clear Creek Channel from Light 2 up to, but not 
including, the South Shore Harbor Marina.
8. Galveston Harbor Lighted Boat Parade
    Sponsor: Historic Downtown/Strand Partnership
    Date: Last Saturday in November
    Regulated Area: Galveston Channel from Pier 9 to the Pelican Island 
Bridge
9. Christmas on the Neches River, Port Neches Park
    Sponsor: Port Neches Chamber of Commerce
    Date: 1 Day--1st Saturday in December
    Regulated Area: The areas of the Neches River from Neches River 
light 26 to Neches River light 30, Neches River Front Park, Port Neches, 
TX
10. Christmas Boat Parade on Clear Lake
    Sponsor: Clear Lake Area Chamber of Commerce
    Date: 2nd Saturday in December
    Regulated Area: Clear Lake, Texas. From South Shore Harbor Marina 
down Clear Lake Channel, to Clear Creek Channel Light 2.

                        VII. Group Corpus Christi

1. Buccaneer Days Fireworks Display
    Sponsor: Buccaneer Commission, Inc.

[[Page 303]]

    Date: 1 Day--Last Friday in April or First Friday in May
    Regulated Area: Bayfront, All Waters inside Corpus Christi Marina 
Levee, Corpus Christi Bay, TX
2. SPI Windsurf Blowout
    Sponsor: South Padre Island Convention and Visitors Bureau
    Date: 2 Day--First Saturday and Sunday in May
    Regulated Area: Rectangle extending one mile East, Half mile North 
and Half mile South from Position 26-08N, 97-10.5W, in the Laguna Madre 
area known as ``The Flats'', South Padre Island, TX
3. Corpus Christi 4th of July Fireworks Display
    Sponsor: City of Corpus Christi
    Date: 1 Day--4th of July
    Regulated Area: Bayfront, All Waters inside Corpus Christi Marina 
Levee, Corpus Christi Bay, TX
4. City of Port Aransas 4th of July Fireworks Display
    Sponsor: City of Port Aransas
    Date: 1 Day--4th of July
    Regulated Area: 600 foot radius from a point half way between Port 
Aransas Harbor Daybeacon 2 to Port Aransas Ferry landing in the Corpus 
Christi Ship Channel, Port Aransas, TX
5. Bayfest Fireworks Display
    Sponsor: Bayfest, Inc.
    Date: 2 Days--3rd Friday & Saturday in September
    Regulated Area: Bayfront, All Waters inside Corpus Christi Marina 
Levee, Corpus Christi Bay, TX
6. Great Tugboat Challenge
    Sponsor: Bayfest Inc.
    Date: 2 Days--3rd Friday & Saturday in September
    Regulated Area: Bayfront, All Waters inside Corpus Christi Marina 
Levee, Corpus Christi Bay, TX
7. Harbor Lights
    Sponsor: City of Corpus Christi
    Date: 1 Day--1st Saturday in December
    Regulated Area: Bayfront, All Waters inside Corpus Christi Marina 
Levee, Corpus Christi Bay, TX
8. East-West Powerboat Shootout, Corpus Christi, TX
    Sponsor: EM Marketing Company, Inc. and the Corpus Christi Offshore 
Racing Association.
    Date: 2 Days--1st or 2nd weekend in June.
    Regulated Area: Bounded by the following coordinates: (1) Latitude 
27 degrees, 49 minutes, 24 seconds North, longitude 097 degrees, 23 
minutes, 00 seconds West; (2) latitude 27 degrees, 49 minutes, 24 
seconds North, longitude 097 degrees, 21 minutes, 22 seconds West; (3) 
latitude 27 degrees, 45 minutes, 00 seconds North, longitude 097 
degrees, 23 minutes, 00 seconds West; (4) latitude 27 degrees, 45 
minutes, 00 seconds North, longitude 097 degrees, 21 minutes, 22 seconds 
West.

                 VIII. Marine Safety Office Port Arthur

1. Rubber Ducky Derby, Beaumont, TX
    Sponsor: C P Rehabilitation Center.
    Date: 1 Day--2nd, 3rd, or 4th Saturday in April.
    Regulated Area: All waters of the Neches River, bank to bank, from 
the Trinity Industries Dry Dock to the northeast corner of the Port of 
Beaumont's dock number 5.
2. Port Arthur Fourth of July Firework Demonstration, Port Arthur, TX
    Sponsor: The City of Port Arthur and Lamar State College.
    Date: 1 Day--4th of July.
    Regulated Area: All waters of the Sabine-Neches Canal, bank to bank, 
from Wilson Middle School to the northern terminus of Old Golf Course 
Road.

[CGD08-94-019, 60 FR 10314, Feb. 24, 1995, as amended by CGD 08-98-018, 
63 FR 70654, Dec. 22, 1998; CGD 08-99-066, 65 FR 46597, July 31, 2000; 
CGD08-01-012, 67 FR 8195, Feb. 22, 2002]



Sec. 100.901  Great Lakes annual marine events.

    Permanent special local regulations are hereby established for the 
marine events listed in Table 1. These regulations will be effective 
annually, for the duration of each event, on or about the dates 
indicated in Table 1. Annual notice of the exact dates and times of the 
effective period of the regulations with respect to each event, the 
geographical description of each regulated area, and details concerning 
the nature of the event and the number of participants and type(s) of 
vessels involved will be published in local notices to mariners. To be 
placed on the mailing list for such notices, contact: Commander(oan), 
Ninth Coast Guard District, 1240 E. Ninth St., Cleveland, OH 44199-2060. 
Sponsors of events listed in Table 1 must still submit an application 
each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard will patrol the regatta area under the direction 
of a

[[Page 304]]

designated Coast Guard Patrol Commander. The Patrol Commander may be 
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander.'' Vessels desiring to transit the regulated area may 
do so only with prior approval of the Patrol Commander and when so 
directed by that officer. Vessels will be operated at a no wake speed to 
reduce the wake to a minimum, and in a manner which will not endanger 
participants in the event or any other craft. The rules contained in the 
above two sentences shall not apply to participants in the event or 
vessels of the patrol operating in the performance of their assigned 
duties.
    (b) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the area 
under the direction of the U.S. Coast Guard Patrol Commander shall serve 
as a signal to stop. Vessels so signaled shall stop and shall comply 
with the orders of the Patrol Commander. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (d) The Patrol Commander may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics.
    (e) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life and property.

                                 Table 1

                           Group Buffalo, NY:

                           Fireworks by Grucci

    Sponsor: New York Power Authority.
    Date: Last weekend of July.
    Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 
800 foot radius of the fireworks launching platform located in 
approximate position 43[deg]28[min]10[sec] N 076[deg]31[min]04[sec] W.

               Flagship International Kilo Speed Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, south of a 
line drawn from 42[deg]08[min]54[sec] N 080[deg]05[min]42[sec] W; to 
42[deg]07[min] N 080[deg]21[min] W will be a regulated area. That 
portion of Lake Erie, Presque Isle bay, north of a line drawn from 
42[deg]08[min]54[sec] N 080[deg]05[min]42[sec] W; to 42[deg]07[min] N 
080[deg]21[min] W will be a ``caution area''. All vessels transiting the 
caution area will be operated at bare steerageway, keeping the vessel's 
wake at a minimum, and will exercise a high degree of caution in the 
area. The bay entrance will not be effected.

                Flagship International Offshore Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, Entrance 
Channel, and the enclosed area from Erie Harbor Pier Head Light (LLNR 
3430) northeast to 42[deg]12[min]48[sec] N 079[deg]57[min]24[sec] W, 
thence south to shore just east of Shades Beach.

                       Friendship Festival Airshow

    Sponsor: Friendship Festival
    Date: 4th of July holiday.
    Location: That portion of the Niagara River and Buffalo.
    Harbor from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
42[deg]54.4[min] N...................  078[deg]54.1[min] W, thence to
42[deg]54.4[min] N...................  078[deg]54.4[min] W, thence
                    along the International Border to
42[deg]52.9[min] N...................  078[deg]54.9[min] W, thence to
42[deg]52.5[min] N...................  078[deg]54.3[min] W, thence to
42[deg]52.7[min] N...................  078[deg]53.9[min] W, thence to
42[deg]52.8[min] N...................  078[deg]53.8[min] W, thence to
42[deg]53.1[min] N...................  078[deg]53.6[min] W, thence to
42[deg]53.2[min] N...................  078[deg]53.6[min] W, thence to
42[deg]53.3[min] N...................  078[deg]53.7[min] W, thence
                         along the breakwall to
42[deg]54.4[min] N...................  078[deg]54.1[min] W.
------------------------------------------------------------------------

                     NFBRA Red Dog Kilo Time Trials

    Sponsor: Niagara Frontier Boat Racing Association.
    Date: 4th or 5th weekend of September.
    Location: That portion of the Niagara River, Tonawanda Channel, 
between Tonawanda Channel Buoy 31 to

[[Page 305]]

approximately \1/2\ mile southwest of Twomile Creek along a line drawn 
from 43[deg]00[min]45[sec] N 078[deg]55[min]06[sec] W to 
43[deg]00[min]28[sec] N 078[deg]54[min]56[sec] W (Sipco Oil Company).

                     Sodus Bay 4th of July Fireworks

    Sponsor: Sodus Bay Historical Society.
    Date: 4th of July holiday.
    Location: Lake Ontario, within a 500 foot radius around a barge 
anchored in approximate position 43[deg]15.73[min] N 076[deg]58.23[min] 
W, in Sodus Bay.

                              Tallship Erie

    Sponsor: Erie Maritime Programs, Inc.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Erie, Presque Isle Bay
    Entrance Channel and Presque Isle Bay from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
42[deg]10[min] N.....................  080[deg]03[min] W, thence to
42[deg]08.1[min] N...................  080[deg]07[min] W, thence to
42[deg]07.9[min] N...................  080[deg]06.8[min] W, thence
               east along the shoreline and structures to:
42[deg]09.2[min] N...................  080[deg]02.6[min] W, thence to
42[deg]10[min] N.....................  080[deg]03[min] W.
------------------------------------------------------------------------

                Thomas Graves Memorial Fireworks Display

    Sponsor: Port Bay Improvement Association.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 
500 ft radius surrounding a barge anchored in approximate position 
43[deg]17[min]46[sec] N 076[deg]50[min]02[sec] W.

                    Thunder Island Offshore Challenge

    Sponsor: Thunder on the Water Inc.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Ontario, Oswego Harbor from the West 
Pier Head Light (LLNR 2080) north to:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
43[deg]29[min]02[sec] N..............  076[deg]32[min]04[sec] W, thence
                                        to
43[deg]26[min]18[sec] N..............  076[deg]39[min]30[sec] W, thence
                                        to
43[deg]24[min]55[sec] N..............  076[deg]37[min]45[sec] W, thence
      along the shoreline to the West Pier Head Light (LLNR 2080).
                                       .................................
------------------------------------------------------------------------

                       We Love Erie Days Fireworks

    Sponsor: We Love Erie Days Festival, Inc.
    Date: 3rd weekend of August.
    Location: That portion of Lake Erie, Erie Harbor, within a 300 foot 
radius, surrounding the Erie Sand and Gravel Pier, located in position 
42[deg]08[min]16[sec] N 080[deg]05[min]40[sec] W.

                           Group Detroit, MI:

                       Bay City Fireworks Display

    Sponsor: Bay City Fraternal Order of Police, Lodge 103.
    Date: 4th of July holiday.
    Location: Saginaw River, from the Veterans Memorial Bridge to 
approximately 1000 yards south to the River Walk Pier, near Bay City, 
MI.

                       Detroit APBA Gold Cup Race

    Sponsor: Spirit of Detroit Association.
    Date: 1st or 2nd weekend of June.
    Location: Detroit River, between Belle Isle and the U.S. shoreline, 
near Detroit, MI. Bound on the west by the Belle Isle Bridge and on the 
east by a north-south line drawn through the Waterworks Intake Crib 
Light (LLNR 1022).

                        Buick Watersports Weekend

    Sponsor: Adore Ltd. and APBA.
    Date: 3rd or 4th weekend of July.
    Location: That portion of the Saginaw River from the Liberty Bridge 
on the north to the Veterans Memorial Bridge on the south, near Bay 
City, MI

                       Cleveland National Air Show

    Sponsor: Cleveland National Air Show.
    Date: Labor Day Weekend.
    Location: That portion of Lake Erie and Cleveland Harbor (near Burke 
Lakefront Airport) from a line running perpendicular from Dock No. 34 on 
the west, to 2000 feet north of the breakwater, then parallel to the 
breakwater, to a line running perpendicular from the east end of the 
Burke Lakefront Airport land fill.

                    International Bay City River Roar

    Sponsor: Bay City River Roar, Inc.

[[Page 306]]

    Date: 3rd or 4th weekend of June.
    Location: That portion of the Saginaw River from the Liberty Bridge 
on the north to the Veterans Memorial Bridge on the south, near Bay 
City, MI.

                International Freedom Festival Fireworks

    Sponsor: Detroit Renaissance Foundation.
    Date: 3rd or 4th week of June.
    Location: The Detroit River between 083[deg]03[min] W (Cobo Hall) 
and 083[deg]01[min]27[sec] W (Huron Cement).

           International Freedom Festival Tug Across the River

    Sponsor: Detroit Renaissance Foundation.
    Date: 3rd or 4th week of June.
    Location: That portion of the Detroit River bounded on the south by 
the International Boundary, on the west by 083[deg]03[min] W, on the 
east by 083[deg]02[min] W, and on the north by the U.S. shoreline.

                            Parade of Lights

    Sponsor: Lake Erie Marine Trade Association (LEMTA).
    Date: 3rd or 4th weekend of July.
    Location: Cuyahoga River, Conrail Railroad Bridge at Mile 0.8 above 
the mouth of the river to the Eagle Avenue Bridge, near Cleveland, OH.

                    Port Clinton Offshore Grand Prix

    Sponsor: Great Lakes Offshore Powerboat Racing Association.
    Date: 1st or 2nd weekend of July.
    Location: That portion of western Lake Erie:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
41[deg]31.2[min] N...................  082[deg]56.1[min] W, thence
                 along the shoreline and structures to
41[deg]33.3[min] N...................  082[deg]51.3[min] W, thence to
41[deg]33.3[min] N...................  082[deg]52.8[min] W, thence to
41[deg]31.2[min] N...................  082[deg]56.1[min] W.
------------------------------------------------------------------------

                   Port Huron to Mackinac Island Race

    Sponsor: Bayview Yacht Club.
    Date: 2nd or 3rd weekend of July.
    Location: That portion of the Black River, St. Clair River, and 
Lower Lake Huron from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
42[deg]58.8[min] N...................  082[deg]26[min] W, to
42[deg]58.4[min] N...................  082[deg]24.8[min] W, thence
             northward along the International Boundary to
43[deg]02.8[min] N...................  082[deg]23.8[min] W, to
43[deg]02.8[min] N...................  082[deg]26.8[min] W, thence
                 southward along the U.S. shoreline to
42[deg]58.9[min] N...................  082[deg]26[min] W, thence to
42[deg]58.8[min] N...................  082[deg] 26[min] W.
------------------------------------------------------------------------

                  Thunder on the River Hydroplane Race

    Sponsor: Toledo Prop Spinners.
    Date: 3rd or 4th weekend of August.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                      Toledo 4th of July Fireworks

    Sponsor: City of Toledo.
    Date: 4th of July weekend.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                       Toledo Labor Day Fireworks

    Sponsor: Reams Broadcasting Corporation.
    Date: Labor Day.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                       Group Sault Ste. Marie, MI:

                           Bridgefest Regatta

    Sponsor: Bridgefest Committee.
    Date: 2nd weekend of June.
    Location: Keweenaw Waterway, from the Houghton Hancock Lift Bridge 
to 1000 yards west of the bridge, near Houghton, MI.

                      Duluth Fourth Fest Fireworks

    Sponsor: Office of the Mayor, Duluth, MN.
    Date: 4th of July weekend.
    Location: That portion of the Duluth Harbor Basin Northern Sec. ion 
bounded on the south by a line drawn on a bearing of 087[deg] true from 
the Cargill Pier through Duluth Basin Lighted Buoy 5 (LLNR 
15905) to the opposite shore on the north by the Duluth Aerial Bridge. 
That portion of Duluth Harbor Basin Northern Sec. ion within 600 yards of 
position 46[deg]46[min]47[sec] N 092[deg]06[min]10[sec] W.

                           July 4th Fireworks

    Sponsor: City of Sault Ste Marie, MI.

[[Page 307]]

    Date: 4th of July weekend.
    Location: That portion of the St. Mary's River, Sault Ste. Marie, MI 
within a 1000 foot radius of Brady Park, located on the south shore of 
the river. These waters are enclosed by the Locks to the west and to the 
east from a line drawn from the pier light of the east center pier to 
the U.S. Coast Guard Base to the southeast.

         National Cherry Festival Blue Angels Air Demonstration

    Sponsor: National Cherry Festival Inc.
    Date: 1st week of July.
    Location: That portion of the Western arm of the Grand Traverse Bay, 
Traverse City, MI, enclosed by straight lines connecting the following 
geographic coordinates:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
44[deg]46.8[min] N...................  085[deg]38.3[min] W, to
44[deg]46.5[min] N...................  085[deg]35.5[min] W, to
44[deg]46[min] N.....................  085[deg]35.8[min] W, to
44[deg]46.5[min] N...................  085[deg]38.5[min] W, thence to
44[deg]46.8[min] N...................  085[deg]38.3[min] W.
------------------------------------------------------------------------

                     Venetian Festival Yacht Parade

    Sponsor: Charlevoix Chamber of Commerce.
    Date: 3rd or 4th weekend of July.
    Location: That portion of the upper and lower section of the Pine 
River, to include Round Lake, from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
45[deg]19.3[min] N...................  085[deg]15.9[min] W, (North
                 Pierhead Light, LLNR 17920) thence to,
45[deg]18.9[min] N...................  085[deg]14.7[min] W, (Pine
                  River Light 3, LLNR 17945) thence to,
45[deg]18.8[min] N...................  085[deg]14.7[min] W, (Pine
          River Channel Lighted Buoy 2, LLNR 17950) thence to,
45[deg]19[min] N.....................  085[deg]15.9[min] W, (South
                 Pierhead Light, LLNR 17925) thence to,
45[deg]19.3[min] N...................  085[deg]15.9[min] W.
------------------------------------------------------------------------

                         Group Grand Haven, MI:

                             City Fireworks

    Sponsor: City of Frankfort, MI.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Frankfort, MI within a 1000 foot radius of 
the fireworks launching site located on Lake Michigan Beach in 
approximate position 44[deg]38[min] N 086[deg]14[min]50[sec] W.

                     Coast Guard Festival Fireworks

    Sponsor: Grand Haven Coast Guard Festival, Inc.
    Date: 1st weekend of August.
    Location: That portion of the Grand River, Grand Haven, MI, from a 
north-south line drawn from the North Pierhead Light Number 1 (LLNR 
18045) on the north to the South Pierhead Entrance Light (LLNR 18035) on 
the south, thence down river to the US 31 Bascule Bridge (mile 2.89).

                          4th of July Fireworks

    Sponsor: WSJM & WIRX RADIO.
    Date: 4th of July Holiday.
    Location: St. Joseph River, within a 1000 foot radius of the 
fireworks launching site, located at the St. Joseph South Pier, in 
approximate position 42[deg]06[min]48[sec] N 086[deg]29[min]15[sec] W.

      Grand Haven Area Jaycees Annual 4th of July Fireworks Display

    Sponsor: Grand Haven Area Jaycees.
    Date: 1st week of July.
    Location: That portion of the Grand River, Grand Haven, MI from the 
pier heads (mile 0.0) to the US 31 Bascule Bridge (mile 2.89).

                        Holland Jaycees Fireworks

    Sponsor: Holland Jaycees
    Date: 4th of July Holiday
    Location: The portion of Lake Michigan, Holland, MI within a 1000 
foot radius of the fireworks launching site, located in Kollen Park, in 
approximate position 42[deg]47[min]20[sec] N 086[deg]07[min]12[sec] W.

            Ludington Area Jaycees Freedom Festival Fireworks

    Sponsor: Ludington Area Jaycees.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Ludington Harbor, MI, within a 1000 foot 
radius of the fireworks launching site located at the Loomis Street Boat 
Launch, in approximate position 43[deg]57[min]16[sec] N 
086[deg]27[min]42[sec] W.

                  Muskegon Summer Celebration Fireworks

    Sponsor: The Muskegon Summer Celebration.
    Date: 4th of July Holiday.

[[Page 308]]

    Location: That portion of Muskegon Lake, in the vicinity of Heritage 
Landing, within a 1000 foot radius of the fireworks launching site, 
located in approximate position 43[deg]13[min]52[sec] N 
086[deg]15[min]48[sec] W.
    Impact on Special Anchorage Area regulations: Regulations for that 
portion of the Muskegon Lake East Special Anchorage Area, as described 
in 33 CFR 110.81(b), which are overlapped by this regulation, are 
suspended during this event. The remaining area of the Muskegon Lake 
East Special Anchorage Area not impacted by this regulation remains 
available for anchoring during this event.

                    South Haven 4th of July Fireworks

    Sponsor: South Haven Jaycees.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Black River, South Haven, MI within a 1000 
foot radius of the fireworks launching site located on the North Pier, 
in approximate position 42[deg]24[min]08[sec] N 086[deg]17[min]03[sec] 
W. Datum: NAD 1902.

                 Tulip Time Fireworks and Water Ski Show

    Sponsor: Holland Tulip Time Festival Inc.
    Date: 1st weekend of May.
    Location: That portion of Lake Macatawa, Holland Harbor, east of a 
north-south line, from shore to shore, at position 086[deg]08[min] W.

                        Tulip Time Water Ski Show

    Sponsor: Holland Tulip Time Festival Inc.
    Date: 2nd weekend of May.
    Location: That portion of Lake Macatawa, Holland Harbor, east of a 
north-south line, from shore to shore, at position 086[deg]08[min] W.

                        Van Andel Fireworks Show

    Sponsor: Amway Corporation, Ada, MI.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Holland Harbor, MI, South Pier, within a 
1000 foot radius of the fireworks launching site located in approximate 
position 42[deg]46[min]21[sec] N 086[deg]12[min]48[sec] W.

                   Venetian Festival Fireworks Display

    Sponsor: Venetian Festival on the St. Joseph River Inc.
    Date: 3rd weekend of July
    Location: St. Joseph River, within a 1,000-foot radius of the 
fireworks launching site, located at the St. Joseph South Pier, in 
approximate position 42[deg]06[min]48[sec] N 086[deg]29[min]15[sec] W.

                  Waves of Thunder Offshore Spectacular

    Sponsor: Michigan Offshore Powerboat Racing Association
    Date: 3rd weekend of June
    Location: That portion of Lake Michigan, from the South Pierhead 
Light (LLNR 18520) south along the shoreline to:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
42[deg]19[min] N.....................  086[deg]19.3[min] W, thence to
42[deg]19.5[min] N...................  086[deg]19.8[min] W, thence to
42[deg]23.9[min] N...................  086[deg]18.7[min] W, thence to
42[deg]23.9[min] N...................  086[deg]17[min] W.
------------------------------------------------------------------------

               West Michigan Offshore Powerboat Challenge

    Sponsor: Michigan Offshore Powerplant Racing Association
    Date: 1st or 2nd weekend of September
    Location: That portion of Lake Michigan from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
43[deg]03.4[min] N...................  086[deg]15.3[min] W (Grand Haven
                                        South Pierhead Entrance Light,
                                        LLNR 18965), thence along the
                                        breakwater and shoreline to
42[deg]54.8[min] N...................  086[deg]13[min] W, thence to
42[deg]54.8[min] N...................  086[deg]15.7[min] W, thence to
43[deg]03.4[min] N...................  086[deg]15.7[min] W, thence to
43[deg]03.4[min] N...................  086[deg]15.3[min] W (Grand Haven
                                        South Pierhead Entrance Light,
                                        LLNR 18965).
------------------------------------------------------------------------

                          Group Milwaukee, WI:

                       Chicago Air and Water Show

    Sponsor: Chicago Park District
    Date: 3rd or 4th weekend of August
    Location: That portion of Lake Michigan from 41[deg]55[min]54[sec] N 
at the shoreline, then east to a point at 41[deg]55[min]54[sec] N 
87[deg]37[min]12[sec] W, thence southeast to a point at 41[deg]54[min] N 
87[deg]36[min] W, then a line drawn southwestward to the northeast 
corner of the Central District Filtration Plant Breakwall, thence due 
west to shore.

[[Page 309]]

                             Festa Italiana

    Sponsor: The Italian Community Center
    Date: 3rd weekend of July
    Location: The uncharted lagoon or basin in Milwaukee Harbor north of 
the mouth of the Milwaukee River and directly adjacent to the Summerfest 
grounds, enclosed by shore on the west and a ``comma'' shaped man-made 
rock wall on the east. The construction of the lagoon is such that a 
small ``basin'' has been created with one entrance located at the 
northwest end, thus, there is no ``thru traffic''.

                          Milwaukee Summerfest

    Sponsor: Milwaukee World Festival, Inc.
    Date: Last week of June through 2nd weekend of July
    Location: the unchartered lagoon or basin in Milwaukee Harbor north 
of the mouth of the Milwaukee River and directly adjacent to the 
Summerfest grounds, enclosed by shore on the west and a ``comma'' shaped 
man-made rock wall on the east. The construction of the lagoon is such 
that a small ``basin'' has been created with one entrance located at the 
northwest end, thus, there is no ``thru traffic''. Four special buoys 
will be set by the sponsor to delineate the entrance to the lagoon.

                     Racine on the Lakefront Airshow

    Sponsor: Rotary Club of Racine
    Date: 2nd weekend of June
    Location: That portion of Racine Harbor, Lake Michigan bounded by 
the following corner points:

Southeast Corner--42[deg]41.95[min] N 87[deg]45.5[min] W
Southwest Corner--42[deg]41.95[min] N 87[deg]47.2[min] W
Northwest Corner--42[deg]45.6[min] N 87[deg]46.2[min] W
Northeast Corner--42[deg]45.6[min] N 87[deg]45.5[min] W

[CGD 09-88-01, 54 FR 29547, July 13, 1989, as amended by CGD 09-93-025, 
58 FR 40738, July 30, 1993; CGD 09-95-029, 61 FR 5681, Feb. 14, 1996; 
USCG-2000-7223, 65 FR 40056, June 29, 2000; USCG-2001-9286, 66 FR 33640, 
June 25, 2001]



Sec. 100.902  Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, MI.

    (a) Race course. Location: That portion of Lake St. Clair enclosed 
by:

Latitude                             Longitude
42[deg]34.2[min] N                   082[deg]48.3[min] W, to
42[deg]33.8[min] N                   082[deg]47.5[min] W, to
42[deg]31.2[min] N                   082[deg]49.7[min] W, to
42[deg]31.5[min] N                   082[deg]50.5[min] W, thence to
42[deg]34.2[min] N                   082[deg]48.3[min] W.
 


Datum: NAD 1983.
    (b) No entry zone. Location: That portion of Lake St. Clair, on the 
outside of the race course area from Point Huron southwest to:

Latitude                             Longitude
42[deg]32.9[min] N                   082[deg]47.8[min] W, thence to
42[deg]33.9[min] N                   082[deg]50.3[min] W, thence
                                      northeast along the shoreline to
                                      Point Huron.
 


Datum: NAD 1983.
    (c) Regulation: No vessel may enter the ``No Entry Zone'' or ``Race 
Course'' without prior approval of the Coast Guard Patrol Commander. The 
``No Entry Zone'' will include all of the L'anse Creuse Bay area.
    (d) Caution area--(1) Location: That portion of Lake St. Clair, on 
the outside of the race course area from a west-northwest line between:

Latitude                             Longitude
42[deg]32.9[min] N                   082[deg]47.8[min] W, and
42[deg]33.9[min] N                   082[deg]50.3[min] W, southwest
                                      along the shoreline to:
42[deg]31.5[min] N                   082[deg]52.3[min] W, thence to
42[deg]30.5[min] N                   082[deg]49.6[min] W, thence to
42[deg]32.9[min] N                   082[deg]47.8[min] W.
 


Datum: NAD 1983.
    (2) Regulation: All vessels transiting the ``Caution Area'' will be 
operated at bare steerageway, keeping the vessel's wake at a minimum, 
and exercise a high degree of caution.
    (e) Vessel spectator areas: Two Vessel Spectator Areas will be 
established by the Coast Guard Patrol Commander, on the east and west 
side of the race course.
    (1) Location: That portion of Lake St. Clair, rectangular in shape, 
enclosed by:
    Western Spectator Area:

Latitude                             Longitude
42[deg]33.6[min] N                   082[deg]49.5[min] W, to
42[deg]33.4[min] N                   082[deg]49.1[min] W, to
42[deg]31.8[min] N                   082[deg]50.8[min] W, to
42[deg]32.0[min] N                   082[deg]51.2[min] W, thence to
42[deg]33.6[min] N                   082[deg]49.5[min] W.
 

    Eastern Spectator Area:

Latitude                             Longitude
42[deg]32.9[min] N                   082[deg]47.6[min] W, to

[[Page 310]]

 
42[deg]32.7[min] N                   082[deg]47.2[min] W, to
42[deg]30.9[min] N                   082[deg]48.4[min] W, to
42[deg]31.2[min] N                   082[deg]48.8[min] W, thence to
42[deg]32.9[min] N                   082[deg]47.6[min] W.
 


Datum: NAD 1983.
    (2) Regulation: Vessels will be permitted to anchor to watch the 
race. All vessels transiting the ``Vessel Spectator Areas'' will be 
operated at bare steerageway, keeping the vessel's wake at a minimum, 
and exercise a high degree of caution.
    (f) Patrol Commander--(1) The Coast Guard will patrol the regulated 
areas under the direction of a designated Coast Guard Patrol Commander 
(Commanding Officer, U.S. Coast Guard Station St. Clair Shores, MI). The 
Patrol Commander may be contacted on channel 16 (156.8 MHZ) by the call 
sign ``Coast Guard Patrol Commander''.
    (2) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regulated area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Any vessel so signaled shall stop and shall 
comply with the orders of the Patrol Commander. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations, and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life, limb and property.
    (g) General regulations18490 applicable to all areas--Commercial 
vessels desiring to transit the regulated areas shall provide prior 
notification to the Coast Guard Patrol Commander. Any vessel traffic 
desiring to transit the regulated areas may do so only with prior 
approval of the Coast Guard Patrol Commander. Vessels in the regulated 
areas shall comply with the directions of the Coast Guard Patrol 
Commander.
    (h) Effective date: These regulations will become effective from 11 
A.M. (EDST) until 2 P.M. (EDST), on May 20, 1995, unless otherwise 
terminated by the Coast Guard Patrol Commander (Commanding Officer, U.S. 
Coast Guard Station St. Clair Shores, MI), and thereafter annually on 
the third weekend in May, at the same prescribed times unless otherwise 
specified in the Coast Guard Local Notice to Mariners.

[CGD09-93-009, 60 FR 29757, June 6, 1995]



Sec. 100.1101  Southern California annual marine events.

    (a) Special local regulations will be established for the events 
listed in Table 1. Further information on exact dates, times, details 
concerning the number and type of participants and an exact geographical 
description of the areas are published by the Eleventh Coast Guard 
District in the Local Notice to Mariners at least 20 days prior to each 
event. To be placed on the mailing list contact: Commander (Pow), 
Eleventh Coast Guard District, Coast Guard Island, Building 50-6, 
Alameda, CA 94501-5100.
    (b) Special local regulations. All persons and/or vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol'' consists of any Coast 
Guard, public, state or local law enforcement and/or sponsor provided 
vessels assigned and/or approved, by Commander, Eleventh Coast Guard 
District to patrol each event.
    (1) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with all 
directions given, failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Commander, Eleventh Coast Guard District, and 
as his or her representative may terminate

[[Page 311]]

the event at any time it is deemed necessary for the protection of life 
and property. He or she may be reached on VHF Channel 16 (156.8 MHz) 
when required, by the call sign ``PATCOM''.

                                 Table 1

Del Rey to Puerto Vallarta Race
    Sponsor: Del Rey Yacht Club
    Date: February
    Location: Santa Monica Bay, that portion bounded by the following 
coordinates: Lat 33 degrees 56[min]23[sec] N, Long 118 degrees 
28[min]20[sec] W, Lat 33 degrees 56[min]23[sec] N, Long 118 degrees 
28[min]55[sec] W, Lat 33 degrees 56[min]55[sec] N, Long 118 degrees 
28[min]55[sec] W, Lat 33 degrees 56[min]55[sec] N, Long 118 degrees 
28[min]20[sec] W. This area is for the start of the race only.
San Diego Crew Classic
    Sponsor: San Diego Crew Classic
    Date: April
    Location: Mission Bay, that portion bounded by Enchanted Cove, 
Fiesta Island, Pacific Passage and DeAnza Point.
Newport to Ensenada Race
    Sponsor: Newport Ocean Sailing Association
    Date: Late April
    Location: That portion of the Pacific Ocean off Newport, bounded by 
the following coordinates; Lat 33 degrees 35.3[min] N, Long 117 degrees 
53.3[min] W; Lat 33 degrees 34.9[min] N, Long 117 degrees 53.3[min] W; 
Lat 33 degrees 34.9[min] N, Long 117 degrees 54.5[min] W; Lat 33 degrees 
35.3[min] N, Long 117 degrees 54.5[min] W. This area is for the start of 
the race only.
California Cup
    Sponsor: California Yacht Club
    Date: Late May (4 day event)
    Location: Santa Monica Bay, that portion bounded by the following 
coordinates; Lat 34 degrees 01.4[min] N, Long 118 degrees 31.8[min] W; 
Lat 33 degrees 59.7[min] N, Long 118 degrees 37.9[min] W; Lat 33 degrees 
59.2[min] N, Long 118 degrees 37.7[min] W; Lat 33 degrees 59.5[min] N, 
Long 118 degrees 33.4[min] W; Lat 33 degrees 57.0[min] N, Long 118 
degrees 30.9[min] W; Lat 33 degrees 57.2[min] N, Long 118 degrees 
30.1[min] W.
Coronado 4th of July Demonstration, Fireworks and Rehearsals
    Sponsor: Citizens Committee Coronado 4th of July
    Date: 4 July (& 3 days of rehearsals prior to)
    Location: Glorietta Bay, Coronado, the following portions: (1) 
Demonstration Area--from the tip of the marina, Lat 32 degrees 
40[min]43.5[sec] N, Long 117 degrees 10[min]20.5[sec] W; northeast to 
Lat 32 degrees 40[min]48.5[sec] N, Long 117 degrees 10[min]10.5[sec] W; 
east along the shoreline to Lat 32 degrees 40[min]43.5[sec] N, Long 117 
degrees 10[min]00[sec] W; east to Lat 32 degrees 40[min]46[sec] N, Long 
117 degrees 09[min]58[sec] W; south to Lat 32 degrees 40[min]41[sec] N, 
Long 117 degrees 09[min]56.5[sec] W; east to Lat 32 degrees 
40[min]41[sec] N, Long 117 degrees 09[min]49[sec] W; northeast to Lat 32 
degrees 40[min]54[sec] N, Long 117 degrees 09[min]30[sec] W (Navy 
Restricted Area); thence southwest along shoreline to the initial point. 
(2) Fireworks Display Area--from Lat 32 degrees 40[min]41[sec] N, Long 
117 degrees 09[min]56.5[sec] W; south to Lat 32 degrees 40[min]33[sec] 
N, Long 117 degrees 09[min]56.5[sec] W; northeast to Lat 32 degrees 
40[min]41[sec] N, Long 117 degrees 09[min]49[sec] W; thence west to the 
initial point.
Los Angeles to Honolulu Yacht Race (Transpac)
    Sponsor: Transpacific Yacht Club
    Date: 4 July (biennially)
    Location: San Pedro Channel, that portion between Point Fermin and 
Portugese Bend bounded between the following coordinates: Lat 33 
degrees, 42.6[min]N; Long 118 degrees, 19.5[min]W; Lat 33 degrees, 
41.7[min]N; Long 118 degrees, 19.5[min]W; Lat 33 degrees, 41.7[min]N; 
Long 118 degrees, 21.2[min]W; Lat 33 degrees, 43.3[min]N; Long 118 
degrees, 21.2[min]W. This area is for the start of the race only.
Thunderboat Regatta
    Sponsor: Thunderboats Unlimited of San Diego
    Date: Late September (4 day event)
    Location: Fiesta Bay, Mission Bay, that portion bounded by the 
following coordinates: starting at Lat 32 degrees 47[min]32[sec] N, Long 
117 degrees 13[min]00[sec] W, thence due west to Long 117 degrees 
13.25[sec] W, thence along the eastern shoreline of Crown Point to the 
Vacation Isle Bridge, thence south along the bridge to Vacation Isle, 
thence along the eastern shoreline of Vacation Isle to Lat 32 degrees 
46[min]18[sec] N, Long 117 degrees 14[min]01[sec] W, thence 
southeasterly to Lat 32 degrees 46[min]14[sec] N, Long 117 degrees 
13[min]43[sec] W, thence along the western shoreline of Fiesta Island to 
Lat 32 degrees 47[min]20[sec] N, Long 117 degrees 13[min]00[sec] W, 
thence due north to the starting point.
Head of Harbor Regatta
    Sponsor: University of Southern California, Department of 
Intercollegiate Athletics
    Date: November
    Location: Los Angeles Harbor, that portion between Berth 191 and the 
Ford/Heim Bridges.
Symphony of Lights Boat Parade
    Sponsor: Huntington Harbor Philharmonic Society
    Date: Early weekend in December
    Location: Entire Huntington Harbor Area
Long Beach Festival of 1000 Lights
    Sponsor: Shoreline Village Administration
    Date: Early December
    Location: Long Beach Harbor, that portion bounded by Shoreline 
Downtown Marina, the Queens Way Bridge and the Queen Mary;

[[Page 312]]

Marina Del Rey Christmas Boat Parade
    Sponsor: Pioneer Skippers Boat Owners Association
    Date: Early December
    Location: Marina del Rey Harbor, Main and entrance channels
Los Angeles Christmas Afloat Parade
    Sponsor: Los Angles Harbor Department
    Date: Early December
    Location: Los Angeles Harbor, that portion between the Vincent 
Thomas Bridge and Reservation Point.
Newport Harbor Christmas Boat Parade of Lights
    Sponsor: Newport Harbor Area Chamber of Commerce
    Date: Week prior to Christmas (7 day event)
    Location: Entire Newport Harbor Area
Mission Bay Parade of Lights
    Sponsor: Mission Bay Yacht Club
    Date: Late December
    Location: Mission Bay, the Main Entrance Channel, Sail Bay and 
Fiesta Bay.
San Diego Christmas Boat Parade of Lights
    Sponsor: Greater Shelter Island Association
    Date: Late December
    Location: San Diego Harbor, the northern portion of the main channel 
from Seaport Village to the Shelter Island Yacht Basin.
City Of Long Beach 4th Of July Fireworks
    Sponsor: City of Long Beach
    Date: 4 July
    Location: A 500 foot radius around a barge located between Belmont 
Pier and Oil Island White, Long Beach Harbor, CA.
International Catalina Ski Race
    Sponsor: Long Beach Boat & Ski Club
    Date: Sec. nd Sunday in August
    Location: From the Queen Mary at Long Beach, CA to Avalon Harbor, 
Catalina Island and return. Regulated Area: A 1,000 yard corridor from 
Queens Gate (Long Beach Harbor entrance), directly north to the Long 
Beach Downtown Marina breakwall.
US National Waterski Racing Championship
    Sponsor: U.S. National Waterski Racing Association
    Date: First Friday of October every year, lasting a total of 3 days 
(including the first Friday of October).
    Location: Mission Bay, San Diego, California, from Government Island 
south to Ski Beach.

[CGD11 86-01, 51 FR 17184, May 9, 1986, as amended by CGD11 86-01, 51 FR 
22806, June 23, 1986; CGD11-97-008; 63 FR 16688, Apr. 6, 1998; USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 100.1102  Marine Events on the Colorado River, between Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

    (a) General. Sponsors are informed that ample lead time is required 
to inform all Federal, state, local agencies and/or other interested 
parties and to provide the sponsor the best support to ensure the safety 
of life and property. A Coast Guard-National Park Service agreement 
exists for both the Glen Canyon and Lake Mead National Recreational 
Areas; applicants shall contact the cognizant authority for approval of 
events in these areas.
    (b) The following Special Local Regulations will be issued for the 
events listed in Table 1. Further information on exact dates, times, and 
details concerning number and type of participants and an exact 
geographical description of the areas will be published by the Eleventh 
Coast Guard District in the Local Notice to Mariners at least 20 days 
prior to each event. To be placed on the mailing list, contact: 
Commander (pow), Eleventh Coast Guard District, Coast Guard Island, 
Building 50-6, Alameda, CA 94501-5100.
    (c) Special local regulations. All persons and/or vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol'' consists of any Coast 
Guard, public, state, local law enforcement, and/or sponsor provided 
vessels assigned and/or approved by Commander, Eleventh Coast Guard 
District, to patrol each event.
    (1) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times unless cleared for 
such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with all 
directions given. Failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be

[[Page 313]]

designated by the Commander, Eleventh Coast Guard District. As the 
Commander's representative, the Patrol Commander may terminate the event 
at any time it is deemed necessary for the protection of life and 
property. The Patrol Commander may be reached on VHF Channel 16 (156.8 
MHz) when required, by the call sign ``PATCOM''.

                                 Table 1

                  National Jet Boat Association Regatta

Sponsor: National Jet Boat Association
Date: 3 weekend events between February and June; 3 weekend events 
          between September and December
Where: that portion of Lake Moovalya, Parker, Arizona between Headgate 
          Dam and 1.5 miles north.

                              Parker Enduro

Sponsor: Parker Area Chamber of Commerce
Date: Early weekend in March
Where: that portion of Lake Moovalya, Parker, Arizona between river 
          miles 179 and 185 (between the Roadrunner Resort and Headgate 
          Dam).

                        Bullhead City Boat Drags

Sponsor: Sunshine Promotions
Date: 2 to 4 weekend events between March and October
Where: that portion of the Colorado River starting from the entrance of 
          Riviera Marina, Riviera, Arizona to 2200 feet north.

                            Laughlin Classic

Sponsor: Laughlin Chamber of Commerce
Date: Weekend in May or June
Where: that portion of the Colorado River at Laughlin, Nevada, from the 
          Pioneer Hotel to the Edgewater Hotel.

               Laughlin Aquamoto Sports Challenge and Expo

Sponsor: Baja Promotions
Dates: The last Thursday of May every year, lasting a total of 4 days, 
          ending on Sunday, per the following schedule: 1.) the first 
          day of the event, the last Thursday of May each year, from 3 
          p.m. PDT to 5 p.m. PDT, 2.) the second day of the event, 
          Friday, from 8 a.m. PDT to 2 p.m. PDT, and from 3:30 p.m. PDT 
          to 6 p.m. PDT, 3.) the third day of the event, Saturday, from 
          8 a.m. PDT to 1:30 p.m. PDT, and from 4 p.m. PDT to 5 p.m. 
          PDT; and, 4.) the fourth and final day of the event, Sunday, 
          from 9 a.m. PDT to 1:30 p.m. PDT, from 3 p.m. PDT to 4 p.m. 
          PDT, and from 6 p.m. PDT to 7 p.m. PDT.
Where: That portion of the Colorado River near Laughlin, Nevada, from 
          Davis Dam to Harrah's Hotel and Casino.

                       Parker Thanksgiving Regatta

Sponsor: Southern California Speedboat Club
Date: Four-day event during Thanksgiving
Where: that portion of Lake Moovalya, Parker, Arizona between the 
          northern and southern boundries of La Paz County Park.

                       Lake Havasu Waterski Shows

Sponsor: Lake Havasu Waterski Club
Date: Various 2 hour weekend shows throughout the year
Where: that portion of the Bridgewater Channel, Lake Havasu, Arizona, 
          200 yards north and south of the London Bridge.

                           Lake Havasu Classic

Sponsor: Havasu Sports Federation
Date: 5 day event during Thanksgiving weekend
Where: that portion of Thompson Bay, Lake Havasu, Arizona starting 
          approximately 100 yards on bearing of 130[min] T off Spectator 
          Point, thence due north approximately 2200 yards, thence due 
          west approximately 2400 yards, thence back to the starting 
          point.

                Campbell Boat Owners Association Regatta

Sponsor: Campbell Boat Owners Association
Date: Weekend in September
Where: that portion of Thompson Bay, Lake Havasu, Arizona starting 
          approximately 100 yards on bearing of 130[min] T off Spectator 
          Point, thence due north approximately 2200 yards, thence due 
          west approximately 2400 yards, thence back to the starting 
          point.

                 Parker International Waterski Marathon

Sponsor: Parker International Waterski Association.
Dates: Annually, commencing on the second full weekend of March every 
          year, and lasting a total of 2 days, from 8 a.m. (PST) until 5 
          p.m. (PST) each day.
Location: The entire water area of the Colorado River beginning at 
          Bluewater Marina in Parker, AZ, and extending approximately 10 
          miles to La Paz County Park.

[CGD11- 86-1102, 51 FR 28706, Aug. 11, 1986, as amended by CGD11-97-004, 
63 FR 3037, Jan. 21, 1998; USCG-1998-3799, 63 FR 35526, June 30, 1998; 
CGD11-98-001, 63 FR 37491, July 13, 1998]



Sec. 100.1103  Northern California annual marine events.

    (a) General. Special local regulations are established for the 
events listed in

[[Page 314]]

table 1 of this section. Further information on exact dates, times, and 
other details concerning the number and type of participants and an 
exact geographical description of the areas are published by the 
Eleventh Coast Guard District in the Local Notice to Mariners at least 
20 days prior to each event. To be placed on the mailing list contact: 
Commander (oan), Eleventh Coast Guard District, Coast Guard Island, 
Building 50-6, Alameda, CA 94501-5100.

    Note to Paragraph (a): Sponsors of events listed in Table 1 of this 
section must submit an application each year as required by 33 CFR Part 
100, Subpart A, to Commander, Coast Guard Group San Francisco, Yerba 
Buerna Island, San Francisco, CA 94130-9309.

    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or with Commander, Coast 
Guard Group San Francisco as official patrol vessels are considered 
spectators. The ``official patrol'' consists 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) No spectator shall anchor, block, loiter, nor impede the through 
transit of participants or official patrol vessels, in the regulated 
areas during all applicable effective dates and times, unless cleared to 
do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (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. As the Group 
Commander's representative, the PATCOM may terminate the event any time 
it is deemed necessary for the protection of life and property. PATCOM 
may be reached on VHF-FM Channel 13 (156.65MHz) when required, by the 
call sign ``PATCOM''.
    (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. 100.1103
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        San Francisco Grand Prix
------------------------------------------------------------------------
Sponsor...................................  Pacific Offshore Powerboat
                                             Racing Association.
Event Description.........................  Professional High-speed
                                             powerboat race.
Date......................................  Saturday or Sunday in April.
Location..................................  San Francisco Waterfront to
                                             South Tower of Golden Gate
                                             Bridge.
Regulated Area............................  37[deg]-49[min]-10[sec] N,
                                             122[deg]-24[min]-07[sec] W;
                                             thence to
                                            37[deg]-48[min]-50[sec] N,
                                             122[deg]-24[min]-07[sec] W;
                                             thence to
                                            37[deg]-48[min]-56[sec] N,
                                             122[deg]-28[min]-48[sec] W;
                                             thence to
                                            37[deg]-48[min]-48[sec] N,
                                             122[deg]-28[min]-48[sec] W;
                                             thence returning to the
                                             point of origin.
------------------------------------------------------------------------
                          Blessing of the Fleet
------------------------------------------------------------------------
Sponsor...................................  Corinthian Yacht Club.
Event Description.........................  Boat parade during which
                                             vessels pass by a pre-
                                             designated platform or
                                             vessel.
Location..................................  Raccoon Strait.
Regulated Area............................  The area between a line
                                             drawn from Bluff Point on
                                             the southeastern side of
                                             Tiburon Peninsula to Point
                                             Campbell on the northern
                                             edge of Angel Island, and a
                                             line drawn from Peninsula
                                             Point on the southern edge
                                             of Tiburon Peninsula to
                                             Point Stuart on the western
                                             edge of Angel Island.
------------------------------------------------------------------------
                    Opening Day on San Francisco Bay
------------------------------------------------------------------------
Sponsor...................................  Pacific inter-Club Yacht
                                             Association and Corinthian
                                             Yacht Club.

[[Page 315]]

 
Event Description.........................  Boat parade during which
                                             vessels pass by a pre-
                                             designated platform or
                                             vessel.
Date......................................  Sunday in April.
Location..................................  San Francisco waterfront,
                                             Crissy Field to Pier 35.
Regulated Area............................  The area defined by a line
                                             drawn from Fort Point
                                             (37[deg]48.66N,
                                             122[deg]28.64W); thence
                                             easterly approximately
                                             5,000 yards to a point
                                             located at 37[deg]49.15N,
                                             122[deg]25.61W; thence
                                             easterly to the Blossom
                                             Rock Bell Buoy
                                             (37[deg]49.10N,
                                             122[deg]24.20W); thence
                                             westerly to the Northeast
                                             corner of Pier 35; thence
                                             returning along the
                                             shoreline to the point of
                                             origin.
                                            Special Requirements. All
                                             vessels entering the
                                             regulated area shall follow
                                             the parade route
                                             established by the sponsor
                                             and be capable of
                                             maintaining an approximate
                                             speed of 6 knots.
                                            Commercial Vessel Traffic
                                             Allowances. The parade will
                                             be interrupted, as
                                             necessary, to permit the
                                             passage of commercial
                                             vessel traffic. Commercial
                                             traffic must cross the
                                             parade route at a no-wake
                                             speed and perpendicular to
                                             the parade route.
------------------------------------------------------------------------
              Race the Straits Offshore Grand Prix Festival
------------------------------------------------------------------------
Sponsor...................................  Pacific Offshore Powerboat
                                             Racing Association.
Event Description.........................  Professional high-speed
                                             powerboat race.
Date......................................  Sunday in July.
Location..................................  Carquinez Strait and San
                                             Pablo Strait.
Regulated Area............................  38[deg]02[min]12[sec] N,
                                             122[deg]08[min]31[sec] W
                                             thence to
                                            38[deg]02[min]38[sec] N,
                                             122[deg]10[min]00[sec] W
                                             thence to
                                            38[deg]03[min]20[sec] N,
                                             122[deg]10[min]20[sec] W
                                             thence to
                                            38[deg]03[min]48[sec] N,
                                             122[deg]13[min]32[sec] W
                                             thence to
                                            38[deg]03[min]36[sec] N,
                                             122[deg]17[min]37[sec] W
                                             thence to
                                            38[deg]03[min]19[sec] N,
                                             122[deg]17[min]34[sec] W
                                             thence to
                                            38[deg]03[min]35[sec] N,
                                             122[deg]13[min]32[sec] W
                                             thence to
                                            38[deg]03[min]24[sec] N,
                                             122[deg]12[min]01[sec] W
                                             thence to
                                            38[deg]02[min]58[sec] N,
                                             122[deg]10[min]58[sec] W
                                             thence to
                                            38[deg]01[min]55[sec] N,
                                             122[deg]09[min]47[sec] W
                                             thence to
                                            38[deg]01[min]58[sec] N,
                                             122[deg]08[min]31[sec] W
                                             thence returning to the
                                             point of origin.
------------------------------------------------------------------------
                      Delta Thunder Powerboat Race
------------------------------------------------------------------------
Sponsor...................................  Pacific Offshore Power
                                             Racing Association.
Event Description.........................  Professional high-speed
                                             powerboat race.
Date......................................  Sunday in September.
Location..................................  Off Pittsburgh, CA in the
                                             waters around Winter Island
                                             and Brown Island.
Regulated Area............................  The water area of Suisun Bay
                                             commencing at Simmons Point
                                             on Chipps Island; thence
                                             southwesterly to Stake
                                             Point on the southern shore
                                             of Suisun Bay; thence
                                             easterly following the
                                             southern shoreline of
                                             Suisun Bay and New York
                                             Slough to New York Slough
                                             Buoy 13; thence north-
                                             northwesterly to the
                                             Northwestern corner of
                                             Fraser Shoal; thence
                                             northwesterly to the
                                             western tip of Chain
                                             Island; thence west-
                                             northwesterly to the
                                             northeast tip of Van Sickle
                                             Island; thence following
                                             the shoreline of Van Sickle
                                             Island and Chipps Island
                                             and returning to the point
                                             of origin.
------------------------------------------------------------------------
                           Festival of the Sea
------------------------------------------------------------------------
Sponsor...................................  San Francisco Maritime
                                             National Historical Park.
Event Description.........................  Tugboat Race.
Date......................................  Sunday in September.
Location..................................  From Crissy Field to Aquatic
                                             Park.
Regulated Area............................  San Francisco Bay
                                             approximately 500 yards
                                             offshore of Golden Gate
                                             Yacht club, Gas house Cove,
                                             and extending east to Pier
                                             45. All mariners may
                                             proceed with caution but
                                             must keep at least 500 foot
                                             distance from the competing
                                             tugboats.
------------------------------------------------------------------------


[[Page 316]]


[CGD11-99-007, 64 FR 39029, July 21, 1999]



Sec. 100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels Demonstration.

    (a) Effective Periods. This section is effective during the U.S. 
Navy/City of San Francisco Fleetweek Parade of Navy Ships and Navy Blue 
Angels and other airshow activities held annually in early October, from 
Thursday through Saturday (with a possible Sunday Blue Angels Flight 
Demonstration if weather prevents a Saturday performance). Annual notice 
of the specific effective dates and times of these regulations will be 
published by the Coast Guard in the Local Notice to Mariners and in the 
Federal Register. To be placed on the Local Notice to Mariners mailing 
list contact: Commander (oan), Eleventh Coast Guard District, 400 
Oceangate Boulevard, Long Beach, CA 90822-5399.
    (b) Regulated Areas: The following areas are designated ``regulated 
areas'' during the Navy Parade of Ships and Blue Angels' Flight 
activities.
    (1) Regulated Area ``Alpha'' for Navy Parade of Ships. The waters of 
San Francisco Bay bounded by a line connecting the following points:

37[deg]48[min]40[sec] N              122[deg]28[min]38[sec] W
37[deg]49[min]10[sec] N              122[deg]28[min]41[sec] W
37[deg]49[min]31[sec] N              122[deg]25[min]18[sec] W
37[deg]49[min]06[sec] N              122[deg]24[min]08[sec] W
37[deg]47[min]53[sec] N              122[deg]22[min]42[sec] W
37[deg]46[min]00[sec] N              122[deg]22[min]00[sec] W
37[deg]46[min]00[sec] N              122[deg]23[min]07[sec] W
 

and thence along the shore to the point of beginning.

    (2) Regulated Area ``Bravo'' for U.S. Navy Blue Angels Activities. 
The waters of San Francisco Bay bounded by a line connecting the 
following points:

37[deg]48[min]27.5[sec] N            122[deg]24[min]04[sec] W
37[deg]49[min]31[sec] N              122[deg]24[min]18[sec] W
37[deg]49[min]00[sec] N              122[deg]27[min]52[sec] W
37[deg]48[min]19[sec] N              122[deg]27[min]40[sec] W
 

and thence along the pierheads and bulwarks to the point of beginning.

Datum: NAD 83

    (c) Regulations: All persons and/or vessels not authorized as 
participants or official patrol vessels are considered spectators. The 
``official patrol'' consists of any Coast Guard, public, state or local 
law enforcement vessels assigned and/or approved by Commander, Coast 
Guard Group San Francisco to patrol the Fleetweek event.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, in regulated area ``Alpha'' no person or vessel may 
enter or remain within 500 yards ahead of the lead Navy parade vessel, 
within 200 yards astern of the last parade vessel, and within 200 yards 
on either side of all parade vessels. No person or vessel shall anchor, 
block, loiter in, or impede the through transit of ship parade 
participants or official patrol vessels in regulated area ``Alpha.''
    (2) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain within 
regulated area ``Bravo.''
    (3) When hailed and/or signaled by an official patrol vessel, a 
person or vessel shall come to an immediate stop. Persons or vessels 
shall comply with all directions given.
    (4) The Patrol Commander shall be designated by the Commander, Coast 
Guard Group San Francisco, California. The Coast Guard Patrol Commander 
is empowered to forbid and control the movement of all vessels in the 
regulated areas.

[CGD11-89-15, 54 FR 39998, Sept. 29, 1989, as amended by CGD11-91-11, 56 
FR 51332, Oct. 11, 1991; CGD11-93-009, 58 FR 51242, Oct. 1, 1993]



Sec. 100.1301  Seattle seafair unlimited hydroplane race.

    (a) This section is in effect annually during the last week in July 
and the first two weeks of August from 8 a.m. until 8 p.m. Pacific 
Daylight Time, as published in the Local Notice of Mariners. The event 
will be one week or less in duration. The specific dates during this 
time frame will be published in the Local Notice to Mariners.
    (b) The area where the Coast Guard will restrict general navigation 
by this regulation during the hours it is in effect is: The waters of 
Lake Washington bounded by the Interstate 90 (Mercer Island /Lacey V. 
Murrow) Bridge, the western shore of Lake Washington, and the east/west 
line drawn tangent to Bailey Peninsula and along the shoreline of Mercer 
Island.
    (c) The area described in paragraph (b) of this section has been 
divided into

[[Page 317]]

two zones. The zones are separated by a line perpendicular from the I-90 
Bridge to the northwest corner of the East log boom and a line extending 
from the southeast corner of the East log boom to the southeast corner 
of the hydroplane race course and then to the northerly tip of Ohlers 
Island in Andrews Bay. The western zone is designated Zone I, the 
eastern zone, Zone II. (Refer to NOAA Chart 18447).
    (d) The Coast Guard will maintain a patrol consisting of Coast Guard 
vessels, assisted by Auxiliary Coast Guard vessels, in Zone II. The 
Coast Guard patrol of this area is under the direction of the Coast 
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander 
is empowered to control the movement of vessels on the racecourse and in 
the adjoining waters during the periods this regulation is in effect. 
The Patrol Commander may be assisted by other federal, state and local 
law enforcement agencies.
    (e) Only authorized vessels may be allowed to enter Zone I during 
the hours this regulation is in effect. Vessels in the vicinity of Zone 
I shall maneuver and anchor as directed by Coast Guard Officers or Petty 
Officers.
    (f) During the times in which the regulation is in effect, swimming, 
wading, or otherwise entering the water in Zone I by any person is 
prohibited while hydroplane boats are on the racecourse. At other times 
in Zone I, any person entering the water from the shoreline shall remain 
west of the swim line, denoted by buoys, and any person entering the 
water from the log boom shall remain within ten (10) feet of the log 
boom.
    (g) During the times in which the regulation is in effect, any 
person swimming or otherwise entering the water in Zone II shall remain 
within ten (10) feet of a vessel.
    (h) During the times this regulation is in effect, rafting to a log 
boom will be limited to groups of three vessels.
    (i) During the times this regulation is in effect, up to six (6) 
vessels may raft together in Zone II if none of the vessels are secured 
to a log boom.
    (j) During the times this regulation is in effect, only vessels 
authorized by the Patrol Commander, other law enforcement agencies or 
event sponsors shall be permitted to tow other watercraft or inflatable 
devices.
    (k) Vessels proceeding in either Zone I or Zone II during the hours 
this regulation is in effect shall do so only at speeds which will 
create minimum wake, seven (07) miles per hour or less. This maximum 
speed may be reduced at the discretion of the Patrol Commander.
    (l) Upon completion of the daily racing activities, all vessels 
leaving either Zone I or Zone II shall proceed at speeds of seven (07) 
miles per hour or less. The maximum speed may be reduced at the 
discretion of the Patrol Commander.
    (m) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the direction of the Patrol Commander 
shall serve as signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel; failure to do so may result 
in expulsion from the area, citation for failure to comply, or both. The 
Coast Guard may be assisted by other federal, state and local law 
enforcement agencies, as well as official Seafair event craft.

[CGD13-01-004, 66 FR 34822, July 2, 2001]



Sec. 100.1302  Special Local Regulation, Annual Dragon Boat Races, Portland, Oregon.

    (a) Regulated area. All waters of the Willamette River shore to 
shore, bordered on the north by the Hawthorne Bridge, and on the south 
by the Marquam Bridge.
    (b) Definition. For purposes of this section, race area means an 
area 536-meters-long by 80-feet-wide designated by buoys and floatation 
line markers within the regulated area described in paragraph (a) of 
this section. The buoys have 4-foot poles attached to them. Two of the 
buoys are red, one is white, and the other is yellow. The course runs 
from the north side of the Hawthorne bridge south along the east bank to 
the east most pier of the Markham bridge and from the south side of the 
Markham bridge to the east pier of the center span. The center span is 
left open to allow commercial traffic through during the event. The 
course then continues from the west Pier of the center span and to the 
first pier

[[Page 318]]

west on the south side of the piers and continues north and ends at 
River Place dock.
    (c) Enforcement period. The event is a two-day event which will be 
enforced from 8 a.m. (PDT) to 5 p.m. (PDT) on the second Saturday and 
Sunday of June each year. In 2006, this section will be enforced from 8 
a.m. until 5 p.m. on Saturday, June 10, and Sunday, June 11.
    (d) Special local regulation. (1) Non-participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be moored to a waterfront facility in 
a way that will not interfere with the progress of the event or have 
permission to enter the area from the event sponsor or Coast Guard 
patrol commander. Spectators must proceed at a safe speed as not to 
cause a wake. This requirement will be strictly enforced to preserve the 
safety of both life and property.
    (3) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.
    (4) The Coast Guard Patrol Commander may be assisted by other 
Federal, State and local law enforcement agencies in enforcing this 
regulation.

[CGD13-06-007, 71 FR 42274, July 26, 2006]



Sec. 100.1303  Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races.

    (a) This regulation is effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time, unless sooner 
terminated by the Patrol Commander.
    (b) The Coast Guard will restrict general navigation and anchorage 
by this regulation during the hours it is in effect on all waters of the 
Columbia River bounded by two lines drawn from shore to shore; the first 
line running between position latitude 46[deg]14[min]07[sec] N, 
longitude 119[deg]10[min]42[sec] W and position latitude 
46[deg]13[min]42[sec] N, longitude 119[deg]10[min]51[sec] W; and the 
second line running between position latitude 46[deg]13[min]35[sec] N, 
longitude 119[deg]07[min]34[sec] W and position latitude 
46[deg]13[min]10[sec] N, longitude 119[deg]07[min]47[sec] W. [Datum: NAD 
83]
    (c) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard personnel and vessels in 
the area described in paragraph (b) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
as Coast Guard Patrol Commander. The Patrol Commander is empowered to 
forbid and control the movement of vessels in the area described in 
paragraph (b) of this section.
    (d) The Patrol Commander may authorize vessels to be underway in the 
area described in paragraph (b) of this section during the hours this 
regulations is in effect. All vessels permitted to be underway in the 
controlled area (other than racing or official vessels) shall do so only 
at speeds which will create minimum wake consistent with maintaining 
steerageway, and not to exceed seven (7) miles per hour. This speed 
limit may be adjusted at the discretion of the Patrol Commander to 
enhance the level of safety.
    (e) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area under the direction of the U.S. Coast 
Guard Patrol Commander shall serve as a signal to stop. Vessels 
signalled shall stop and shall comply with the orders of the patrol 
vessel personnel; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

[CGD13 85-06, 50 FR 25071, June 17, 1985, as amended by CGD13-96-012, 61 
FR 20133, May 6, 1996]



Sec. 100.1304  Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.

    (a) Regulated area. All of Portage Bay, with the northwestern limit 
being the University Bridge, through the Portage Cut (Montlake Cut) into 
and including Union Bay, with the southeastern limit being an imaginary 
line

[[Page 319]]

from Webster Point to the eastern corner of Foster Island.
    (b) Effective period. This regulation will be in effect from 8:00 
a.m. to 3:00 p.m. on the first Saturday of May each year unless 
otherwise specified in the Thirteenth District Local Notice to Mariners.
    (c) Special Local regulations. (1) The regulated area shall be 
closed for the duration of the event to all vessel traffic not 
participating in the event and authorized by the event sponsor or Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the event. The following are established 
as spectator areas:
    (i) Northwest of the University Bridge.
    (ii) North of the log boom which will be placed in Union Bay.
    (iii) East of Webster Point so as not to interfere with the 
participating vessels departing Union Bay.
    (3) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times unless cleared for 
such entry by the Patrol Commander.
    (4) Due to the large number of craft confined within this small body 
of water, all vessels, both spectator and participants, will maintain a 
``NO WAKE'' speed. This requirement will be strictly enforced to 
preserve the safety of both life and property.
    (5) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.

[CGD13-89-02, 54 FR 19167, May 4, 1989]



Sec. 100.1305  Richland, Washington, west coast outboard championship hydro races.

    (a) Regulated area. By this regulation, the Coast Guard will 
restrict general navigation and anchorage on the waters of the Columbia 
River between River Mile 337 and River Mile 339. This restricted area 
includes all waters between the above mile marks in Richland, 
Washington, and is approximately 2 miles long.
    (b) Special local regulations. (1) This event will take place from 
6. a.m. p.d.t. to approximately 5 p.m. p.d.t. on the third Friday, 
Saturday, and Sunday of August, annually, in the described waters of the 
Columbia River, Richland, Washington.
    (2) No person or vessel may enter or remain in the regulated area 
except for participants in the event, supporting personnel, vessels 
registered with the event organizer, and personnel or vessels authorized 
by the Coast Guard Patrol Commander.
    (3) Patrol of the described area will be under the direction of a 
designated Coast Guard Patrol Commander. The Patrol Commander is 
empowered to control the movement of vessels in the regulated area and 
adjoining waters during the hours these regulations are in effect.
    (4) A succession of sharp, short signals by whistle, siren, or horn, 
from vessels patrolling the area under the direction of the Patrol 
Commander shall serve as a signal to stop. Vessels or persons signaled 
shall stop and shall comply with the orders of the patrol vessel. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (c) Effective times and dates. This regulation becomes effective 
each year on the third Friday of August, at 6 a.m. p.d.t. and terminates 
on the third Sunday of August, at 6 p.m. p.d.t. or upon completion of 
each event.

[CGD13-90-08, 55 FR 32624, Aug. 10, 1990]



Sec. 100.1306  National Maritime Week Tugboat Races, Seattle, WA.

    (a) Regulated Area. A regulated area is established on that portion 
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a 
line beginning at: 47[deg]37[min]36[sec] N, 122[deg]22[min]42[sec] W; 
thence

[[Page 320]]

to 47[deg]37[min]24.5[sec] N, 122[deg]22[min]58.5[sec] W; thence to 
47[deg]36[min]08[sec] N, 122[deg]20[min]53[sec] W; thence to 
47[deg]36[min]21[sec] N, 122[deg]20[min]31[sec] W; thence returning to 
the origin. This regulated area resembles a rectangle measuring 
approximately 3,900 yards along the shoreline between Pier 57 and Pier 
89, and extending approximately 650 yards into Elliott Bay. Temporary 
floating markers will be placed by the race sponsors to delineate the 
regulated area. [Datum: NAD 1983]
    (b) Special Local Regulations. (1) No person or vessel may enter or 
remain in the regulated area except for participants in the event, 
supporting personnel, vessels registered with the event organizer, and 
personnel or vessels authorized by the Coast Guard Patrol Commander.
    (2) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard vessels and personnel in 
the area described in paragraph (a) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
by the Captain of the Port as the Coast Guard Patrol Commander. The 
Patrol Commander may forbid and control the movement of vessels in the 
area described in paragraph (a) of this section.
    (3) A succession of sharp, short blasts from whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and comply 
with the orders of the patrol vessel. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) Enforcement dates. This section is enforced annually on the 
second or third Saturday in May from 12 p.m. to 4:30 p.m. The event will 
be one day only and the specific date will be published each year in the 
Federal Register. In 2005, this section will be enforced from 12 p.m. to 
4:30 p.m. on Saturday May 14.

[CGD13-95-003, 61 FR 16710, Apr. 17, 1996, as amended by CGD13-05-004, 
70 FR 23938, May 6, 2005]



Sec. 100.1307  Special Local Regulations, Strait Thunder Performance, Port Angeles, WA.

    (a) Regulated Areas. (1) The race area encompasses all waters 
located inside of a line connecting the following points located near 
Port Angeles, Washington:

Point 1: 48[deg]07[min]24[sec] N, 123[deg]25[min]32[sec] W;
Point 2: 48[deg]07[min]26[sec] N, 123[deg]24[min]35[sec] W;
Point 3: 48[deg]07[min]12[sec] N, 123[deg]25[min]31[sec] W;
Point 4: 48[deg]07[min]15[sec] N, 123[deg]24[min]34[sec] W.
[Datum: NAD 1983].

    (2) The spectator area encompasses all waters located within a box 
bounded by the following points located near Port Angeles, Washington:

Point 1: 48[deg]07[min]32[sec] N, 123[deg]25[min]33[sec] W;
Point 2: 48[deg]07[min]29[sec] N, 123[deg]24[min]36[sec] W;
Point 3: 48[deg]07[min]24[sec] N, 123[deg]25[min]32[sec] W;
Point 4: 48[deg]07[min]26[sec] N, 123[deg]24[min]35[sec] W.
[Datum: NAD 1983.]

    (b) Definitions. For the purpose of this section the following 
definitions apply:
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by Commander, 
Coast Guard Group Port Angeles. The Coast Guard Patrol Commander is 
empowered to control the movement of vessels in the regulated area.
    (2) Patrol Vessel means any Coast Guard vessel, Coast Guard 
Auxiliary vessel, or other federal, state or local law enforcement 
vessel.
    (c) Special Local Regulations. (1) Non-participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) Spectator craft may remain in the designated spectator area but 
must follow the directions of the Coast Guard Patrol Commander. 
Spectator craft entering, exiting or moving within the spectator area 
must operate at speeds, which will create a minimum wake, and not exceed 
seven knots. The maximum speed may be reduced at the discretion of the 
Patrol Commander.
    (3) A succession of sharp, short signals by whistle or horn from a 
Patrol Vessel will serve as a signal to stop. Vessels signaled must stop 
and comply with the orders of the Patrol Vessel. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (4) The Coast Guard Patrol Commander may be assisted by other 
federal, state and local law enforcement agencies in enforcing this 
regulation.

[[Page 321]]

    (d) Enforcement dates. This section is enforced annually on the 
first or second Friday, Saturday, and Sunday in October from 9 a.m. 
until 5 p.m. The event is a three day event and the specific dates will 
be published each year in the Federal Register. In 2005, this section 
will be enforced from 9 a.m. until 5 p.m. on Friday, September 30th, to 
Sunday, October 2nd.

[CGD13-05-009, 70 FR 58056, Oct. 5, 2005]

[[Page 323]]

                                  INDEX

                  SUBCHAPTER G_REGATTAS AND MARINE PARADES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Aids to navigation, establishment of
                                                                  100.45
Action on Application for event assigned to State regulation by 
Coast Guard-State agreement
                                                                  100.20
Action on Application for event not assigned to State regulation 
Coast Guard-State agreement
                                                                  100.25
Approval required for holding event
                                                                  100.30
Arizona
Marine events on the Colorado River, between Davis Dam (Bullhead 
City, Arizona) and Headgate Dam (Parker, Arizona)...............100.1102

                                 C

California
Northern California annual marine events........................100.1103
San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels 
Demonstration...................................................100.1105
Southern California annual marine events........................100.1101
Coast Guard-State agreements
                                                                  100.10
Connecticut
Great Connecticut River Raft Race, Middleton, CT.................100.102
Harvard-Yale Regatta, Thames River, New London, CT...............100.101
Head of the Connecticut Regatta..................................100.105

                                 D

Definitions of terms used in this part
                                                                  100.05

                                 E

Eighth Coast Guard District Annual Marine Events
                                                                 100.801

                                 F

First Coast Guard District Fireworks
                                                                 100.114
Florida
Columbus Day Regatta, Biscayne Bay, Miami, FL....................100.729
Florida Annual Sports Fishing Association Billfish Tournament....100.716
Fort Myers Annual Beach Offshore Grand Prix, Fort Myers, FL......100.717
Fort Myers Beach Annual Air Show, Fort Myers Beach, FL...........100.736
Greater Jacksonville Annual Kingfish Tournament..................100.710
Key West Annual Super Boat Race, Key West, FL....................100.722
Miami Annual Super Boat Race, Miami Beach, FL....................100.714

[[Page 324]]

Holiday Annual Boat Parade of the Palm Beaches, Palm Beach, FL...100.723
Sarasota Bay Annual Suncoast Kilo Run, Sarasota, FL..............100.718
Suncoast Annual Offshore Grand Prix; Gulf of Mexico, Sarasota, FL 
                                                                 100.720

                                 G

Georgia
Augusta Annual Invitational Rowing Regatta, Savannah River, 
Augusta, GA......................................................100.724
Augusta Annual Southern National Drag Boat Races, Savannah, River, 
Augusta, GA......................................................100.709
Great Lakes annual marine events
                                                                 100.901

                                 M

Maine
Great Kennebec River Whatever Race...............................100.108
World's Fastest Lobster Boat Race, Jonesport, ME.................100.110
Searsport Lobster Boat Races, Searsport Harbor, ME...............100.118
Stonington Lobster Boat Races, Stonington, ME....................100.111
Windjammer Days, Boothbay Harbor, ME.............................100.107
Winter Harbor Lobster Boat Race, Winter Harbor, ME...............100.109
Maryland
American Diabetes Association Reach the Beach Triathlon, Choptank 
River, Cambridge, MD.............................................100.512
Approaches to Annapolis Harbor, Spa Creek, and Severn River, 
Annapolis, MD....................................................100.511
Atlantic Ocean, Ocean City, MD...................................100.517
Chesapeake Bay Bridges Swim Races, Chesapeake Bay, MD............100.507
Isle of Wight Bay, Ocean City, MD................................100.531
Maryland Swim for Life, Chester River, Chestertown, MD...........100.533
Nanticoke River, Sharpstown, MD..................................100.532
Patapsco River, Baltimore, MD....................................100.515
Prospect Bay, Kent Island Narrows, MD............................100.530
Severn River, College Creek, Weems Creek and Carr Creek, 
Annapolis, Maryland..............................................100.518
Susquehanna River, Havre de Grace, MD............................100.510
Massachusetts
Provincetown Harbor Swim for Life, Provincetown, MA..............100.113
Swim Buzzard's Bay Day, New Bedford, MA..........................100.116
Michigan
Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, 
MI...............................................................100.902

                                 N

New York
Empire State Regatta, Albany, NY.................................100.104
Freeport Grand Prix, Long Beach, NY..............................100.106
Hudson Valley Triathlon, Hudson River, Kingston, NY..............100.121
New Jersey
Barnegat Bay Classic, Barnegat Bay, Toms River, NJ...............100.502
Fourth of July Fireworks Display, Parker Island, Little Egg 
Harbor, NJ.......................................................100.514
Greenwood Lake Powerboat Classic, Greenwood Lake, NJ.............100.120
Night in Venice, Great Egg Harbor Bay, Ocean City, NJ............100.504
New Jersey Offshore Grand Prix...................................100.505

[[Page 325]]

National Sweepstakes Regatta, Redbank, NJ........................100.103
North Carolina
Wrightsville Channel, Wrightsville Beach, NC.....................100.513

                                 P

Patrol of the regatta or marine parade
                                                                  100.40
Pennsylvania
Delaware River, Philadelphia, PA.................................100.509
Purpose and intent
                                                                  100.01

                                 R

Rhode Island
Newport-Bermuda Regatta, Narragansett Bay, Newport, RI...........100.119
Swim the Bay, Narragansett Bay, Narragansett, RI.................100.112

                                 S

Safety of life on navigable waters
                                                                Part 100
South Carolina
Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.....100.715
Charleston Christmas Parade of Boats, Charleston Harbor, SC......100.721
Annual Harborwalk Boat Race; Sampit River, Georgetown, SC........100.713
Special local regulations
                                                                  100.35
Submission of application
                                                                  100.15

                                 V

Virginia
Assateague Channel, Chincoteague, VA.............................100.519
Norfolk Harbor, Elizabeth River, Norfolk, VA and Portsmouth, VA 
                                                                 100.501
Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, VA......100.520
Southern Branch, Elizabeth River, Portsmouth, VA.................100.523

                                 W

Washington
Clarkston Annual, Washington Limited Hydroplane Races...........100.1302
Kennewick Annual, Washington, Columbia Unlimited Hydroplane Races 
                                                                100.1303
National Maritime Week Tugboat Races, Seattle, WA...............100.1306
Richland, Washington, West Coast Outboard Championship Hydro Races
                                                                100.1305
Seattle Annual Yacht Club's ``Opening Day'' Marine Parade.......100.1304
Seattle Seafair Unlimited Hydroplane Race.......................100.1301

[[Page 326]]



                     SUBCHAPTER H_MARITIME SECURITY





PART 101_MARITIME SECURITY: GENERAL--Table of Contents




                            Subpart A_General

Sec. 
101.100 Purpose.
101.105 Definitions.
101.110 Applicability.
101.115 Incorporation by reference.
101.120 Alternatives.
101.125 Approved Alternative Sec. rity Programs.
101.130 Equivalent security measures.

               Subpart B_Maritime Sec. rity (MARSEC) Levels

101.200 MARSEC Levels.
101.205 Department of Homeland Sec. rity alignment.

             Subpart C_Communication (Port-Facility-Vessel)

101.300 Preparedness communications.
101.305 Reporting.
101.310 Additional communication devices.

                 Subpart D_Control Measures for Sec. rity

101.400 Enforcement.
101.405 Maritime Sec. rity (MARSEC) Directives.
101.410 Control and Compliance Measures.
101.415 Penalties.
101.420 Right to appeal.

                       Subpart E_Other Provisions

101.500 Procedures for authorizing a Recognized Sec. rity Organization 
          (RSO). [RESERVED]
101.505 Declaration of Sec. rity (DoS).
101.510 Assessment Tools.
101.514 TWIC Requirement.
101.515 TWIC/Personal Identification.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05-
1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Sec. rity 
Delegation No. 0170.1.

    Source: USCG-2003-14792, 68 FR 39278, July 1, 2003.



                            Subpart A_General



Sec. 101.100  Purpose.

    (a) The purpose of this subchapter is:
    (1) To implement portions of the maritime security regime required 
by the Maritime Transportation Sec. rity Act of 2002, as codified in 46 
U.S.C. Chapter 701;
    (2) To align, where appropriate, the requirements of domestic 
maritime security regulations with the international maritime security 
standards in the International Convention for the Safety of Life at Sea, 
1974 (SOLAS Chapter XI-2) and the International Code for the Sec. rity of 
Ships and of Port Facilities, parts A and B, adopted on 12 December 
2002; and
    (3) To ensure security arrangements are as compatible as possible 
for vessels trading internationally.
    (b) For those maritime elements of the national transportation 
system where international standards do not directly apply, the 
requirements in this subchapter emphasize cooperation and coordination 
with local port community stakeholders, and are based on existing 
domestic standards, as well as established industry security practices.
    (c) The assessments and plans required by this subchapter are 
intended for use in implementing security measures at various MARSEC 
Levels. The specific security measures and their implementation are 
planning criteria based on a set of assumptions made during the 
development of the security assessment and plan. These assumptions may 
not exist during an actual transportation security incident.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60470, 
Oct. 22, 2003]



Sec. 101.105  Definitions.

    Unless otherwise specified, as used in this subchapter:
    Alternative Sec. rity Program means a third-party or industry 
organization developed standard that the Commandant has determined 
provides an equivalent level of security to that established by this 
subchapter.
    Area Commander means the U.S. Coast Guard officer designated by the 
Commandant to command a Coast Guard Area as described in 33 CFR part 3.
    Area Maritime Sec. rity (AMS) Assessment means an analysis that 
examines

[[Page 327]]

and evaluates the infrastructure and operations of a port taking into 
account possible threats, vulnerabilities, and existing protective 
measures, procedures and operations.
    Area Maritime Sec. rity (AMS) Committee means the committee 
established pursuant to 46 U.S.C. 70112(a)(2)(A). This committee can be 
the Port Sec. rity Committee established pursuant to Navigation and 
Vessel Inspection Circular (NVIC) 09-02, available from the cognizant 
Captain of the Port (COTP) or at http://www.uscg.mil/hq/g-m/nvic.
    Area Maritime Sec. rity (AMS) Plan means the plan developed pursuant 
to 46 U.S.C. 70103(b). This plan may be the Port Sec. rity plan developed 
pursuant to NVIC 09-02 provided it meets the requirements of part 103 of 
this subchapter.
    Area of Responsibility (AOR) means a Coast Guard area, district, 
marine inspection zone or COTP zone described in 33 CFR part 3.
    Audit means an evaluation of a security assessment or security plan 
performed by an owner or operator, the owner or operator's designee, or 
an approved third-party, intended to identify deficiencies, non-
conformities and/or inadequacies that would render the assessment or 
plan insufficient.
    Barge means a non-self-propelled vessel (46 CFR 24.10-1).
    Barge fleeting facility means a commercial area, subject to 
permitting by the Army Corps of Engineers, as provided in 33 CFR part 
322, part 330, or pursuant to a regional general permit the purpose of 
which is for the making up, breaking down, or staging of barge tows.
    Breach of security means an incident that has not resulted in a 
transportation security incident, in which security measures have been 
circumvented, eluded, or violated.
    Bulk or in bulk means a commodity that is loaded or carried on board 
a vessel without containers or labels, and that is received and handled 
without mark or count.
    Bunkers means a vessel's fuel supply.
    Captain of the Port (COTP) means the local officer exercising 
authority for the COTP zones described in 33 CFR part 3. The COTP is the 
Federal Maritime Sec. rity Coordinator described in 46 U.S.C. 
70103(a)(2)(G) and also the Port Facility Sec. rity Officer as described 
in the ISPS Code, part A.
    Cargo means any goods, wares, or merchandise carried, or to be 
carried, for consideration, whether directly or indirectly flowing to 
the owner, charterer, operator, agent, or any other person interested in 
the vessel, facility, or OCS facility, except dredge spoils.
    Cargo vessel means a vessel that carries, or intends to carry, cargo 
as defined in this section.
    Certain Dangerous Cargo (CDC) means the same as defined in 33 CFR 
160.204.
    Commandant means the Commandant of the U.S. Coast Guard.
    Company means any person or entity that owns any facility, vessel, 
or OCS facility subject to the requirements of this subchapter, or has 
assumed the responsibility for operation of any facility, vessel, or OCS 
facility subject to the requirements of this subchapter, including the 
duties and responsibilities imposed by this subchapter.
    Company Sec. rity Officer (CSO) means the person designated by the 
Company as responsible for the security of the vessel or OCS facility, 
including implementation and maintenance of the vessel or OCS facility 
security plan, and for liaison with their respective vessel or facility 
security officer and the Coast Guard.
    Contracting Government means any government of a nation that is a 
signatory to SOLAS, other than the U.S.
    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.
    Dangerous goods and/or hazardous substances, for the purposes of 
this subchapter, means cargoes regulated by parts 126, 127, or 154 of 
this chapter.
    Dangerous substances or devices means any material, substance, or 
item that

[[Page 328]]

reasonably has the potential to cause a transportation security 
incident.
    Declaration of Sec. rity (DoS) means an agreement executed between 
the responsible Vessel and Facility Sec. rity Officer, or between Vessel 
Sec. rity Officers in the case of a vessel-to-vessel activity, that 
provides a means for ensuring that all shared security concerns are 
properly addressed and security will remain in place throughout the time 
a vessel is moored to the facility or for the duration of the vessel-to-
vessel activity, respectively.
    District Commander means the U.S. Coast Guard officer designated by 
the Commandant to command a Coast Guard District described in 33 CFR 
part 3.
    Drill means a training event that tests at least one component of 
the AMS, vessel, or facility security plan and is used to maintain a 
high level of security readiness.
    Escorting means ensuring that the escorted individual is 
continuously accompanied while within a secure area in a manner 
sufficient to observe whether the escorted individual is engaged in 
activities other than those for which escorted access was granted. This 
may be accomplished via having a side-by-side companion or monitoring, 
depending upon where the escorted individual will be granted access. 
Individuals without TWICs may not enter restricted areas without having 
an individual who holds a TWIC as a side-by-side companion, except as 
provided in Sec. Sec. 104.267, 105.257, and 106.262 of this subchapter.
    Exercise means a comprehensive training event that involves several 
of the functional elements of the AMS, vessel, or facility security plan 
and tests communications, coordination, resource availability, and 
response.
    Facility means any structure or facility of any kind located in, on, 
under, or adjacent to any waters subject to the jurisdiction of the U.S. 
and used, operated, or maintained by a public or private entity, 
including any contiguous or adjoining property under common ownership or 
operation.
    Facility Sec. rity Assessment (FSA) means an analysis that examines 
and evaluates the infrastructure and operations of the facility taking 
into account possible threats, vulnerabilities, consequences, and 
existing protective measures, procedures and operations.
    Facility Sec. rity Officer (FSO) means the person designated as 
responsible for the development, implementation, revision and 
maintenance of the facility security plan and for liaison with the COTP 
and Company and Vessel Sec. rity Officers.
    Facility Sec. rity Plan (FSP) means the plan developed to ensure the 
application of security measures designed to protect the facility and 
its servicing vessels or those vessels interfacing with the facility, 
their cargoes, and persons on board at the respective MARSEC Levels.
    Ferry means a vessel which is limited in its use to the carriage of 
deck passengers or vehicles or both, operates on a short run on a 
frequent schedule between two or more points over the most direct water 
route, other than in ocean or coastwise service.
    Foreign vessel means a vessel of foreign registry or a vessel 
operated under the authority of a country, except the U.S., that is 
engaged in commerce.
    General shipyard facility means--
    (1) For operations on land, any structure or appurtenance thereto 
designed for the construction, repair, rehabilitation, refurbishment, or 
rebuilding of any vessel, including graving docks, building ways, ship 
lifts, wharves, and pier cranes; the land necessary for any structures 
or appurtenances; and the equipment necessary for the performance of any 
function referred to in this definition; and
    (2) For operations other than on land, any vessel, floating drydock, 
or barge used for, or a type that is usually used for, activities 
referred to in paragraph (1) of this definition.
    Gross register tons (GRT) means the gross ton measurement of the 
vessel under 46 U.S.C. chapter 145, Regulatory Measurement. For a vessel 
measured under only 46 U.S.C. chapter 143, Convention Measurement, the 
vessel's gross tonnage, ITC is used to apply all thresholds expressed in 
terms of gross register tons.
    Gross tonnage, ITC (GT ITC) means the gross tonnage measurement of 
the

[[Page 329]]

vessel under 46 U.S.C. chapter 143, Convention Measurement. Under 
international conventions, this parameter may be referred to as ``gross 
tonnage (GT).''
    Hazardous materials means hazardous materials subject to regulation 
under 46 CFR parts 148, 150, 151, 153, or 154, or 49 CFR parts 171 
through 180.
    Infrastructure means facilities, structures, systems, assets, or 
services so vital to the port and its economy that their disruption, 
incapacity, or destruction would have a debilitating impact on defense, 
security, the environment, long-term economic prosperity, public health 
or safety of the port.
    International voyage means a voyage between a country to which SOLAS 
applies and a port outside that country. A country, as used in this 
definition, includes every territory for the internal relations of which 
a contracting government to the convention is responsible or for which 
the United Nations is the administering authority. For the U.S., the 
term ``territory'' includes the Commonwealth of Puerto Rico, all 
possessions of the United States, and all lands held by the U.S. under a 
protectorate or mandate. For the purposes of this subchapter, vessels 
solely navigating the Great Lakes and the St. Lawrence River as far east 
as a straight line drawn from Cap des Rosiers to West Point, Anticosti 
Island and, on the north side of Anticosti Island, the 63rd meridian, 
are considered on an ``international voyage'' when on a voyage between a 
U.S. port and a Canadian port.
    ISPS Code means the International Ship and Port Facility Sec. rity 
Code, as incorporated into SOLAS.
    Maritime Sec. rity (MARSEC) Directive means an instruction issued by 
the Commandant, or his/her delegee, mandating specific security measures 
for vessels and facilities that may be involved in a transportation 
security incident.
    Maritime Sec. rity (MARSEC) Level means the level set to reflect the 
prevailing threat environment to the marine elements of the national 
transportation system, including ports, vessels, facilities, and 
critical assets and infrastructure located on or adjacent to waters 
subject to the jurisdiction of the U.S.
    MARSEC Level 1 means the level for which minimum appropriate 
protective security measures shall be maintained at all times.
    MARSEC Level 2 means the level for which appropriate additional 
protective security measures shall be maintained for a period of time as 
a result of heightened risk of a transportation security incident.
    MARSEC Level 3 means the level for which further specific protective 
security measures shall be maintained for a limited period of time when 
a transportation security incident is probable or imminent, although it 
may not be possible to identify the specific target.
    Master means the holder of a valid license that authorizes the 
individual to serve as a Master, operator, or person in charge of the 
rated vessel. For the purposes of this subchapter, Master also includes 
the Person in Charge of a MODU, and the operator of an uninspected 
towing vessel.
    OCS Facility means any artificial island, installation, or other 
complex of one or more structures permanently or temporarily attached to 
the subsoil or seabed of the OCS, erected for the purpose of exploring 
for, developing or producing oil, natural gas or mineral resources. This 
definition includes all mobile offshore drilling units (MODUs) not 
covered under part 104 of this subchapter, when attached to the subsoil 
or seabed of offshore locations, but does not include deepwater ports, 
as defined by 33 U.S.C. 1502, or pipelines.
    Operator, Uninspected Towing Vessel means an individual who holds a 
license described in 46 CFR 15.805(a)(5) or 46 CFR 15.810(d).
    Owner or operator means any person or entity that owns, or maintains 
operational control over, any facility, vessel, or OCS facility subject 
to this subchapter. This includes a towing vessel that has operational 
control of an unmanned vessel when the unmanned vessel is attached to 
the towing vessel and a facility that has operational control of an 
unmanned vessel when the unmanned vessel is not attached to a towing 
vessel and is moored to the facility; attachment begins with the 
securing of

[[Page 330]]

the first mooring line and ends with the casting-off of the last mooring 
line.
    Passenger vessel means--
    (1) On an international voyage, a vessel carrying more than 12 
passengers, including at least one passenger-for-hire; and
    (2) On other than an international voyage:
    (i) A vessel of at least 100 gross register tons carrying more than 
12 passengers, including at least one passenger-for-hire;
    (ii) A vessel of less than 100 gross register tons carrying more 
than 6 passengers, including at least one passenger-for-hire;
    (iii) A vessel that is chartered and carrying more than 12 
passengers;
    (iv) A submersible vessel that is carrying at least one passenger-
for-hire; or
    (v) A wing-in-ground craft, regardless of tonnage, that is carrying 
at least one passenger-for-hire.
    Passenger-for-hire means a passenger for whom consideration is 
contributed as a condition of carriage on the vessel, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person having an interest in the vessel.
    Personal Identification Number (PIN) means a personally selected 
number stored electronically on the individual's TWIC.
    Public access facility means a facility--
    (1) That is used by the public primarily for purposes such as 
recreation, entertainment, retail, or tourism, and not for receiving 
vessels subject to part 104;
    (2) That has minimal infrastructure for servicing vessels subject to 
part 104 of this chapter; and
    (3) That receives only:
    (i) Vessels not subject to part 104 of this chapter, or
    (ii) Passenger vessels, except:
    (A) Ferries certificated to carry vehicles;
    (B) Cruise ships; or
    (C) Passenger vessels subject to SOLAS Chapter XI-1 or SOLAS Chapter 
XI-2.
    Recurring unescorted access means authorization to enter a vessel on 
a continual basis after an initial personal identity and credential 
verification.
    Registered length means the registered length as defined in 46 CFR 
part 69.
    Restricted areas mean the infrastructures or locations identified in 
an area, vessel, or facility security assessment or by the operator that 
require limited access and a higher degree of security protection. The 
entire facility may be designated the restricted area, as long as the 
entire facility is provided the appropriate level of security.
    Review and approval means the process whereby Coast Guard officials 
evaluate a plan or proposal to determine if it complies with this 
subchapter and/or provides an equivalent level of security.
    Screening means a reasonable examination of persons, cargo, 
vehicles, or baggage for the protection of the vessel, its passengers 
and crew. The purpose of the screening is to secure the vital government 
interest of protecting vessels, harbors, and waterfront facilities from 
destruction, loss, or injury from sabotage or other causes of similar 
nature. Such screening is intended to ensure that dangerous substances 
and devices, or other items that pose a real danger of violence or a 
threat to security are not present.
    Sec. re area means the area on board a vessel or at a facility or 
outer continental shelf facility over which the owner/operator has 
implemented security measures for access control in accordance with a 
Coast Guard approved security plan. It does not include passenger access 
areas, employee access areas, or public access areas, as those terms are 
defined in Sec. Sec. 104.106, 104.107, and 105.106, respectively, of 
this subchapter. Vessels operating under the waivers provided for at 46 
U.S.C. 8103(b)(3)(A) or (B) have no secure areas. Facilities subject to 
part 105 of this subchapter may, with approval of the Coast Guard, 
designate only those portions of their facility that are directly 
connected to maritime transportation or are at risk of being involved in 
a transportation security incident as their secure areas.
    Sec. rity sweep means a walkthrough to visually inspect unrestricted 
areas

[[Page 331]]

to identify unattended packages, briefcases, or luggage and determine 
that all restricted areas are secure.
    Sec. rity system means a device or multiple devices designed, 
installed and operated to monitor, detect, observe or communicate about 
activity that may pose a security threat in a location or locations on a 
vessel or facility.
    Sensitive security information (SSI) means information within the 
scope of 49 CFR part 1520.
    SOLAS means the International Convention for the Safety of Life at 
Sea Convention, 1974, as amended.
    Survey means an on-scene examination and evaluation of the physical 
characteristics of a vessel or facility, and its security systems, 
processes, procedures, and personnel.
    Transportation security incident (TSI) means a security incident 
resulting in a significant loss of life, environmental damage, 
transportation system disruption, or economic disruption in a particular 
area.
    TWIC means a valid, non-revoked transportation worker identification 
credential, as defined and explained in 49 CFR part 1572.
    TWIC Program means those procedures and systems that a vessel, 
facility, or outer continental shelf facility (OCS) must implement in 
order to assess and validate TWICs when maintaining access control.
    Unaccompanied baggage means any baggage, including personal effects, 
that is not being brought on board on behalf of a person who is boarding 
the vessel.
    Unescorted access means having the authority to enter and move about 
a secure area without escort.
    Vessel-to-facility interface means the interaction that occurs when 
a vessel is directly and immediately affected by actions involving the 
movement of persons, cargo, vessel stores, or the provisions of facility 
services to or from the vessel.
    Vessel-to-port interface means the interaction that occurs when a 
vessel is directly and immediately affected by actions involving the 
movement of persons, cargo, vessel stores, or the provisions of port 
services to or from the vessel.
    Vessel Sec. rity Assessment (VSA) means an analysis that examines and 
evaluates the vessel and its operations taking into account possible 
threats, vulnerabilities, consequences, and existing protective 
measures, procedures and operations.
    Vessel Sec. rity Plan (VSP) means the plan developed to ensure the 
application of security measures designed to protect the vessel and the 
facility that the vessel is servicing or interacting with, the vessel's 
cargoes, and persons on board at the respective MARSEC Levels.
    Vessel Sec. rity Officer (VSO) means the person onboard the vessel, 
accountable to the Master, designated by the Company as responsible for 
security of the vessel, including implementation and maintenance of the 
Vessel Sec. rity Plan, and for liaison with the Facility Sec. rity Officer 
and the vessel's Company Sec. rity Officer.
    Vessel stores means--
    (1) Materials that are on board a vessel for the upkeep, 
maintenance, safety, operation or navigation of the vessel; and
    (2) Materials for the safety or comfort of the vessel's passengers 
or crew, including any provisions for the vessel's passengers or crew.
    Vessel-to-vessel activity means any activity not related to a 
facility or port that involves the transfer of cargo, vessel stores, or 
persons from one vessel to another.
    Waters subject to the jurisdiction of the U.S., for purposes of this 
subchapter, includes all waters described in section 2.36(a) of this 
chapter; the Exclusive Economic Zone, in respect to the living and non-
living resources therein; and, in respect to facilities located on the 
Outer Continental Shelf of the U.S., the waters superjacent thereto.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60470, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2006-
24196, 72 FR 3577, Jan. 25, 2007]



Sec. 101.110  Applicability.

    Unless otherwise specified, this subchapter applies to vessels, 
structures, and facilities of any kind, located under, in, on, or 
adjacent to waters subject to the jurisdiction of the U.S.

[[Page 332]]



Sec. 101.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and the material 
must be available to the public. All approved material is on file at the 
Office of the Coast Guard Port Sec. rity Directorate (G-MP), Coast Guard 
Headquarters, 2100 Sec. nd Street, SW., Washington, DC 20593-0001, or at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All material is available from the 
sources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
subchapter are as follows:

                International Maritime Organization (IMO)

    Publication Sec. ion, 4 Albert Embankment, London SE1 7SR, United 
Kingdom.

Conference resolution 1, Adoption of        101.120; 101.310; 101.410;
 amendments to the Annex to the              101.505; 104.105; 104.115;
 International Convention for the Safety     104.120; 104.297; 104.400.
 of Life at Sea, 1974, and amendments to
 Chapter XI of SOLAS 1974, adopted
 December 12, 2002, (SOLAS Chapter XI-1 or
 SOLAS Chapter XI-2).
Conference resolution 2, Adoption of the    101.410; 101.505; 104.105;
 International Code for the Sec. rity of      104.115; 104.120; 104.297;
 Ships and of Port Facilities, parts A and   104.400.
 B, adopted on December 12, 2002 (ISPS
 Code).
 


[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 69 FR 18803, 
Apr. 9, 2004]



Sec. 101.120  Alternatives.

    (a) Alternative Sec. rity Agreements. (1) The U.S. may conclude in 
writing, as provided in SOLAS Chapter XI-2, Regulation 11 (Incorporated 
by reference, see Sec. 101.115), a bilateral or multilateral agreements 
with other Contracting Governments to SOLAS on Alternative Sec. rity 
Arrangements covering short international voyages on fixed routes 
between facilities subject to the jurisdiction of the U.S. and 
facilities in the territories of those Contracting Governments.
    (2) As further provided in SOLAS Chapter XI-2, Regulation 11, a 
vessel covered by such an agreement shall not conduct any vessel-to-
vessel activity with any vessel not covered by the agreement.
    (b) Alternative Sec. rity Programs. (1) Owners and operators of 
vessels and facilities required to have security plans under part 104, 
105, or 106 of this subchapter, other than vessels that are subject to 
SOLAS Chapter XI, may meet an Alternative Sec. rity Program that has been 
reviewed and approved by the Commandant (G-MP) as meeting the 
requirements of part 104, 105, or 106, as applicable.
    (2) Owners or operators must implement an approved Alternative 
Sec. rity Program in its entirety to be deemed in compliance with either 
part 104, 105, or 106.
    (3) Owners or operators who have implemented an Alternative Sec. rity 
Program must send a letter to the appropriate plan approval authority 
under part 104, 105, or 106 of this subchapter identifying which 
Alternative Sec. rity Program they have implemented, identifying those 
vessels or facilities that will implement the Alternative Sec. rity 
Program, and attesting that they are in full compliance therewith. A 
copy of this letter shall be retained on board the vessel or kept at the 
facility to which it pertains along with a copy of the Alternative 
Sec. rity Program and a vessel, facility, or Outer Continental Shelf 
facility specific security assessment report generated under the 
Alternative Sec. rity Program.
    (4) Owners or operators shall make available to the Coast Guard, 
upon request, any information related to implementation of an approved 
Alternative Sec. rity Program.
    (c) Approval of Alternative Sec. rity Programs. You must submit to 
the Commandant (G-MP) for review and approval the Alternative Sec. rity 
Program and the following information to assess the adequacy of the 
proposed Alternative Sec. rity Program:

[[Page 333]]

    (1) A list of the vessel and facility type that the Alternative 
Sec. rity Program is intended to apply;
    (2) A security assessment for the vessel or facility type;
    (3) Explanation of how the Alternative Sec. rity Program addresses 
the requirements of parts 104, 105, or 106, as applicable; and
    (4) Explanation of how owners and operators must implement the 
Alternative Sec. rity Program in its entirety, including performing an 
operational and vessel or facility specific assessment and verification 
of implementation.
    (d) Amendment of Approved Alternative Sec. rity Programs. (1) 
Amendments to an Alternative Sec. rity Program approved under this 
section may be initiated by--
    (i) The submitter of an Alternative Sec. rity Program under paragraph 
(c) of this section; or
    (ii) The Coast Guard upon a determination that an amendment is 
needed to maintain the security of a vessel or facility. The Coast Guard 
will give the submitter of an Alternative Sec. rity Program written 
notice and request that the submitter propose amendments addressing any 
matters specified in the notice. The submitter will have at least 60 
days to submit its proposed amendments.
    (2) Proposed amendments must be sent to the Commandant (G-MP). If 
initiated by the submitter, the proposed amendment must be submitted at 
least 30 days before the amendment is to take effect unless the 
Commandant (G-MP) allows a shorter period. The Commandant (G-MP) will 
approve or disapprove the proposed amendment in accordance with 
paragraph (f) of this section.
    (e) Validity of Alternative Sec. rity Program. An Alternative 
Sec. rity Program approved under this section is valid for 5 years from 
the date of its approval.
    (f) The Commandant (G-MP) will examine each submission for 
compliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60471, 
Oct. 22, 2003]



Sec. 101.125  Approved Alternative Sec. rity Programs.

    The following have been approved, by the Commandant (G-MP), as 
Alternative Sec. rity Programs, which may be used by vessel or facility 
owners or operators to meet the provisions of parts 104, 105, or 106 of 
this subchapter, as applicable:
    (a) American Gaming Association Alternative Sec. rity Program, dated 
September 11, 2003.
    (b) American Waterways Operators Alternative Sec. rity Program for 
Tugboats, and Towboats and Barges, dated September 24, 2003.
    (c) Passenger Vessel Association Industry Standards for Sec. rity of 
Passenger Vessels and Small Passenger Vessels, dated September 17, 2003.

[USCG-2003-14792, 68 FR 60472, Oct. 22, 2003]



Sec. 101.130  Equivalent security measures.

    (a) For any measure required by part 104, 105, or 106 of this 
subchapter, the owner or operator may substitute an equivalent security 
measure that has been approved by the Commandant (G-MP) as meeting or 
exceeding the effectiveness of the required measure. The Commandant (G-
MP) may require that the owner or operator provide data for use in 
assessing the effectiveness of the proposed equivalent security measure.
    (b) Requests for approval of equivalent security measures should be 
made to the appropriate plan approval authority under parts 104, 105 or 
106 of this subchapter.



               Subpart B_Maritime Sec. rity (MARSEC) Levels



Sec. 101.200  MARSEC Levels.

    (a) MARSEC Levels advise the maritime community and the public of 
the level of risk to the maritime elements of the national 
transportation system.

[[Page 334]]

Ports, under direction of the local COTP, will respond to changes in the 
MARSEC Level by implementing the measures specified in the AMS Plan. 
Similarly, vessels and facilities required to have security plans under 
part 104, 105, or 106 of this subchapter shall implement the measures 
specified in their security plans for the applicable MARSEC Level.
    (b) Unless otherwise directed, each port, vessel, and facility shall 
operate at MARSEC Level 1.
    (c) The Commandant will set the MARSEC Level consistent with the 
equivalent Homeland Sec. rity Advisory System (HSAS) Threat Condition and 
that Threat Condition's scope of application. Notwithstanding the HSAS, 
the Commandant retains discretion to adjust the MARSEC Level when 
necessary to address any particular security concerns or circumstances 
related to the maritime elements of the national transportation system.
    (d) The COTP may temporarily raise the MARSEC Level for the port, a 
specific marine operation within the port, or a specific industry within 
the port, when necessary to address an exigent circumstance immediately 
affecting the security of the maritime elements of the transportation 
system in his/her area of responsibility.



Sec. 101.205  Department of Homeland Sec. rity alignment.

    The MARSEC Levels are aligned with the Department of Homeland 
Sec. rity's Homeland Sec. rity Advisory System (HSAS), established by 
Homeland Sec. rity Presidential Directive 3. Table 101.205, titled 
``Relation between HSAS and MARSEC Levels'' in this section, shows this 
alignment.

         Table 101.205--Relation Between HSAS and MARSEC Levels
------------------------------------------------------------------------
  Homeland security advisory system       Equivalent maritime security
       (HSAS) threat condition                   (MARSEC) level
------------------------------------------------------------------------
Low: Green...........................  MARSEC Level 1.
Guarded: Blue........................
Elevated: Yellow.....................
------------------------------------------------------------------------
High: Orange.........................  MARSEC Level 2.
------------------------------------------------------------------------
Severe: Red..........................  MARSEC Level 3.
------------------------------------------------------------------------


[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



             Subpart C_Communication (Port_Facility_Vessel)



Sec. 101.300  Preparedness communications.

    (a) Notification of MARSEC Level change. The COTP will communicate 
any changes in the MARSEC Levels through a local Broadcast Notice to 
Mariners, an electronic means, if available, or as detailed in the AMS 
Plan.
    (b) Communication of threats. When the COTP is made aware of a 
threat that may cause a transportation security incident, the COTP will, 
when appropriate, communicate to the port stakeholders, vessels, and 
facilities in his or her AOR the following details:
    (1) Geographic area potentially impacted by the probable threat;
    (2) Any appropriate information identifying potential targets;
    (3) Onset and expected duration of probable threat;
    (4) Type of probable threat; and
    (5) Required actions to minimize risk.
    (c) Attainment. (1) Each owner or operator of a vessel or facility 
required to have a security plan under parts 104 or 105 of this 
subchapter affected by a change in the MARSEC Level must ensure 
confirmation to their local COTP the attainment of measures or actions 
described in their security plan and any other requirements imposed by 
the COTP that correspond with the MARSEC Level being imposed by the 
change.
    (2) Each owner or operator of a facility required to have a security 
plan under part 106 of this subchapter affected by a change in the 
MARSEC Level must ensure confirmation to their cognizant District 
Commander the attainment of measures or actions described in their 
security plan and any other requirements imposed by the District 
Commander or COTP that correspond with the MARSEC Level being imposed by 
the change.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.305  Reporting.

    (a) Notification of suspicious activities. An owner or operator 
required to have a security plan under part 104, 105, or

[[Page 335]]

106 of this subchapter shall, without delay, report activities that may 
result in a transportation security incident to the National Response 
Center at the following toll free telephone: 1-800-424-8802, direct 
telephone: 202-372-2428; Fax: 202-372-2920, TDD: 202-267-4477, or use 
the NRC Web Reporting function located on the NRC Web Site: http://
www.nrc.uscg.mil/. Any other person or entity is also encouraged to 
report activities that may result in a transportation security incident 
to the National Response Center.
    (b) Notification of breaches of security. An owner or operator 
required to have a security plan under parts 104, 105, or 106 of this 
subchapter shall, without delay, report breaches of security to the 
National Response Center via one of the means listed in paragraph (a) of 
this section.
    (c) Notification of transportation security incident (TSI). (1) Any 
owner or operator required to have a security plan under part 104 or 105 
of this subchapter shall, without delay, report a TSI to their local 
COTP and immediately thereafter begin following the procedures set out 
in their security plan, which may include contacting the National 
Response Center via one of the means listed in paragraph (a) of this 
section.
    (2) Any owner or operator required to have a security plan under 
part 106 of this subchapter shall, without delay, report a TSI to their 
cognizant District Commander and immediately thereafter begin following 
the procedures set out in their security plan, which may include 
contacting the National Response Center via one of the means listed in 
paragraph (a) of this section.
    (d) Callers to the National Response Center should be prepared to 
provide as much of the following information as possible:
    (1) Their own name and contact information;
    (2) The name and contact information of the suspicious or 
responsible party;
    (3) The location of the incident, as specifically as possible; and
    (4) The description of the incident or activity involved.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by USCG-2004-
18057, 69 FR 34925, June 23, 2004; USCG-2005-21531, 70 FR 36349, June 
23, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006]



Sec. 101.310  Additional communication devices.

    (a) Alert Systems. Alert systems, such as the ship security alert 
system required in SOLAS Chapter XI-2, Regulation 6 (Incorporated by 
reference, see Sec. 101.115), may be used to augment communication and 
may be one of the communication methods listed in a vessel or facility 
security plan under part 104, 105, or 106 of this subchapter.
    (b) Automated Identification Systems (AIS). AIS may be used to 
augment communication, and may be one of the communication methods 
listed in a vessel security plan under part 104 of this subchapter. See 
33 CFR part 164 for additional information on AIS device requirements.



                 Subpart D_Control Measures for Sec. rity



Sec. 101.400  Enforcement.

    (a) The rules and regulations in this subchapter are enforced by the 
COTP under the supervision and general direction of the District 
Commander, Area Commander, and the Commandant. All authority and power 
vested in the COTP by the rules and regulations in this subchapter is 
also vested in, and may be exercised by, the District Commander, Area 
Commander, and the Commandant.
    (b) The COTP, District Commander, Area Commander, or Commandant may 
assign the enforcement authority described in paragraph (a) of this 
section to any other officer or petty officer of the Coast Guard or 
other designees authorized by the Commandant.
    (c) The provisions in this subchapter do not limit the powers 
conferred upon Coast Guard commissioned, warrant, or petty officers by 
any other law or regulation, including but not limited to 33 CFR parts 
6, 160, and 165.

[[Page 336]]



Sec. 101.405  Maritime Sec. rity (MARSEC) Directives.

    (a)(1) When the Coast Guard determines that additional security 
measures are necessary to respond to a threat assessment or to a 
specific threat against the maritime elements of the national 
transportation system, the Coast Guard may issue a MARSEC Directive 
setting forth mandatory measures. Only the Commandant or his/her delegee 
may issue MARSEC Directives under this section. Prior to issuing a 
MARSEC Directive, the Commandant or his/her delegee will consult with 
those Federal agencies having an interest in the subject matter of that 
MARSEC Directive. All MARSEC Directives issued under this section shall 
be marked as sensitive security information (SSI) in accordance with 49 
CFR part 1520.
    (2) When a MARSEC Directive is issued, the Coast Guard will 
immediately publish a notice in the Federal Register, and affected 
owners and operators will need to go to their local COTP or cognizant 
District Commander to acquire a copy of the MARSEC Directive. COTPs and 
District Commanders will require owners or operators to prove that they 
are a person required by 49 CFR 1520.5(a) to restrict disclosure of and 
access to sensitive security information, and that under 49 CFR 
1520.5(b), they have a need to know sensitive security information.
    (b) Each owner or operator of a vessel or facility to whom a MARSEC 
Directive applies is required to comply with the relevant instructions 
contained in a MARSEC Directive issued under this section within the 
time prescribed by that MARSEC Directive.
    (c) Each owner or operator of a vessel or facility required to have 
a security plan under parts 104, 105 or 106 of this subchapter that 
receives a MARSEC Directive must:
    (1) Within the time prescribed in the MARSEC Directive, acknowledge 
receipt of the MARSEC Directive to their local COTP or, if a facility 
regulated under part 106 of this subchapter, to their cognizant District 
Commander; and
    (2) Within the time prescribed in the MARSEC Directive, specify the 
method by which the measures in the MARSEC Directive have been 
implemented (or will be implemented, if the MARSEC Directive is not yet 
effective).
    (d) In the event that the owner or operator of a vessel or facility 
required to have a security plan under part 104, 105, or 106 of this 
subchapter is unable to implement the measures in the MARSEC Directive, 
the owner or operator must submit proposed equivalent security measures 
and the basis for submitting the equivalent security measures to the 
COTP or, if a facility regulated under part 106 of this subchapter, to 
their cognizant District Commander, for approval.
    (e) The owner or operator must submit the proposed equivalent 
security measures within the time prescribed in the MARSEC Directive. 
The owner or operator must implement any equivalent security measures 
approved by the COTP, or, if a facility regulated under part 106 of this 
subchapter, by their cognizant District Commander.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.410  Control and Compliance Measures.

    (a) The COTP may exercise authority pursuant to 33 CFR parts 6, 160 
and 165, as appropriate, to rectify non-compliance with this subchapter. 
COTPs or their designees are the officers duly authorized to exercise 
control and compliance measures under SOLAS Chapter XI-2, Regulation 9, 
and the ISPS Code (Incorporated by reference, see Sec. 101.115).
    (b) Control and compliance measures for vessels not in compliance 
with this subchapter may include, but are not limited to, one or more of 
the following:
    (1) Inspection of the vessel;
    (2) Delay of the vessel;
    (3) Detention of the vessel;
    (4) Restriction of vessel operations;
    (5) Denial of port entry;
    (6) Expulsion from port;
    (7) Lesser administrative and corrective measures; or
    (8) Suspension or revocation of a security plan approved by the 
U.S., thereby making that vessel ineligible

[[Page 337]]

to operate in, on, or under waters subject to the jurisdiction of the 
U.S. in accordance with 46 U.S.C. 70103(c)(5).
    (c) Control and compliance measures for facilities not in compliance 
with this subchapter may include, but are not limited to, one or more of 
the following:
    (1) Restrictions on facility access;
    (2) Conditions on facility operations;
    (3) Suspension of facility operations;
    (4) Lesser administrative and corrective measures; or
    (5) Suspension or revocation of security plan approval, thereby 
making that facility ineligible to operate in, on, under or adjacent to 
waters subject to the jurisdiction of the U.S. in accordance with 46 
U.S.C. 70103(c)(5).
    (d) Control and compliance measures under this section may be 
imposed on a vessel when it has called on a facility or at a port that 
does not maintain adequate security measures to ensure that the level of 
security to be achieved by this subchapter has not been compromised.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.415  Penalties.

    (a) Civil and criminal penalty. Violation of any order or other 
requirement imposed under section 101.405 of this part is punishable by 
the civil and criminal penalties prescribed in 33 U.S.C. 1232 or 50 
U.S.C. 192, as appropriate.
    (b) Civil penalty. As provided in 46 U.S.C. 70117, any person who 
does not comply with any other applicable requirement under this 
subchapter, including a Maritime Sec. rity Directive, shall be liable to 
the U.S. for a civil penalty of not more than $ 25,000 for each 
violation. Enforcement and administration of this provision will be in 
accordance with 33 CFR 1.07.



Sec. 101.420  Right to appeal.

    (a) Any person directly affected by a decision or action taken by a 
COTP under this subchapter, may appeal that action or decision to the 
cognizant District Commander according to the procedures in 46 CFR 1.03-
15.
    (b) Any person directly affected by a decision or action taken by a 
District Commander, whether made under this subchapter generally or 
pursuant to paragraph (a) of this section, with the exception of those 
decisions made under Sec. 101.410 of this subpart, may appeal that 
decision or action to the Commandant (G-MP), according to the procedures 
in 46 CFR 1.03-15. Appeals of District Commander decisions or actions 
made under Sec. 101.410 of this subpart should be made to the 
Commandant (G-MOC), according to the procedures in 46 CFR 1.03-15.
    (c) Any person directly affected by a decision or action taken by 
the Commanding Officer, Marine Safety Center, under this subchapter, may 
appeal that action or decision to the Commandant (G-MP) according to the 
procedures in 46 CFR 1.03-15.
    (d) Decisions made by Commandant (G-MP), whether made under this 
subchapter generally or pursuant to the appeal provisions of this 
section, are considered final agency action.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003]



                       Subpart E_Other Provisions



Sec. 101.500  Procedures for authorizing a Recognized Sec. rity Organization (RSO). [Reserved]



Sec. 101.505  Declaration of Sec. rity (DoS).

    (a) The purpose of a DoS, as described in SOLAS Chapter XI-2, 
Regulation 10, and the ISPS Code (Incorporated by reference, see Sec. 
101.115), is to state the agreement reached between a vessel and a 
facility, or between vessels in the case of a vessel-to-vessel activity, 
as to the respective security measures each must undertake during a 
specific vessel-to-facility interface, during a series of interfaces 
between the vessel and the facility, or during a vessel-to-vessel 
activity.
    (b) Details as to who must complete a DoS, when a DoS must be 
completed, and how long a DoS must be retained are included in parts 104 
through 106 of this subchapter. A DoS must, at a minimum, include the 
information found in the ISPS Code, part B, appendix 1 (Incorporated by 
reference, see Sec. 101.115).

[[Page 338]]

    (c) All vessels and facilities required to comply with parts 104, 
105, and 106 of this subchapter must, at a minimum, comply with the DoS 
requirements of the MARSEC Level set for the port.
    (d) The COTP may also require a DoS be completed for vessels and 
facilities during periods of critical port operations, special marine 
events, or when vessels give notification of a higher MARSEC Level than 
that set in the COTP's Area of Responsibility (AOR).

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.510  Assessment tools.

    Ports, vessels, and facilities required to conduct security 
assessments by part 103, 104, 105, or 106 of this subchapter may use any 
assessment tool that meets the standards set out in part 103, 104, 105, 
or 106, as applicable. These tools may include:
    (a) DHS/TSA's vulnerability self-assessment tool located at http://
www.tsa.gov/risk; and
    (b) USCG assessment tools, available from the cognizant COTP or at 
http://www.uscg.mil/hq/g-m/nvic, as set out in the following:
    (1) Navigation and Vessel Inspection Circular titled, ``Guidelines 
for Port Sec. rity Committees, and Port Sec. rity Plans Required for U.S. 
Ports'' (NVIC 9-02);
    (2) Navigation and Vessel Inspection Circular titled, ``Sec. rity 
Guidelines for Vessels'', (NVIC 10-02); and
    (3) Navigation and Vessel Inspection Circular titled, ``Sec. rity 
Guidelines for Facilities'', (NVIC 11-02).

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.514  TWIC Requirement.

    (a) All persons requiring unescorted access to secure areas of 
vessels, facilities, and OCS facilities regulated by parts 104, 105 or 
106 of this subchapter must possess a TWIC before such access is 
granted, except as otherwise noted in this section. A TWIC must be 
obtained via the procedures established by TSA in 49 CFR part 1572.
    (b) Federal officials are not required to obtain or possess a TWIC. 
Except in cases of emergencies or other exigent circumstances, in order 
to gain unescorted access to a secure area of a vessel, facility, or OCS 
facility regulated by parts 104, 105 or 106 of this subchapter, a 
federal official must present his/her agency issued, HSPD 12 compliant 
credential. Until each agency issues its HSPD 12 compliant cards, 
Federal officials may gain unescorted access by using their agency's 
official credential. The COTP will advise facilities and vessels within 
his or her area of responsibility as agencies come into compliance with 
HSPD 12.
    (c) Law enforcement officials at the State or local level are not 
required to obtain or possess a TWIC to gain unescorted access to secure 
areas. They may, however, voluntarily obtain a TWIC where their offices 
fall within or where they require frequent unescorted access to a secure 
area of a vessel, facility or OCS facility.
    (d) Emergency responders at the State, or local level are not 
required to obtain or possess a TWIC to gain unescorted access to secure 
areas during an emergency situation. They may, however, voluntarily 
obtain a TWIC where their offices fall within or where they desire 
frequent unescorted access to a secure area of a vessel, facility or OCS 
facility in non-emergency situations.
    (e) Before September 25, 2008, mariners do not need to obtain or 
possess a TWIC but may be provided unescorted access to secure areas of 
vessels, facilities, and OCS facilities regulated by parts 104, 105 or 
106 of this subchapter if they are able to show one of the following:
    (1) A valid Merchant Mariner Document (MMD);
    (2) A valid Merchant Mariner License and a valid photo 
identification; or
    (3) A valid Certificate of Registry and a valid photo 
identification.

[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007]



Sec. 101.515  TWIC/Personal Identification.

    (a) Persons not described in Sec. 101.514 of this part shall be 
required to present personal identification in order to gain entry to a 
vessel, facility, and OCS facility regulated by parts 104, 105 or 106 of 
this subchapter. These individuals must be under escort, as that term is 
defined in Sec. 101.105 of this part, while inside a secure area. This 
personal

[[Page 339]]

identification must, at a minimum, meet the following requirements:
    (1) Be laminated or otherwise secure against tampering;
    (2) Contain the individual's full name (full first and last names, 
middle initial is acceptable);
    (3) Contain a photo that accurately depicts that individual's 
current facial appearance; and
    (4) Bear the name of the issuing authority.
    (b) The issuing authority in paragraph (a)(4) of this section must 
be:
    (1) A government authority, or an organization authorized to act of 
behalf of a government authority; or
    (2) The individual's employer, union, or trade association.
    (c) Vessel, facility, and OCS facility owners and operators must 
permit law enforcement officials, in the performance of their official 
duties, who present proper identification in accordance with this 
section and Sec. 101.514 of this part to enter or board that vessel, 
facility, or OCS facility at any time, without delay or obstruction. Law 
enforcement officials, upon entering or boarding a vessel, facility, or 
OCS facility, will, as soon as practicable, explain their mission to the 
Master, owner, or operator, or their designated agent.
    (d) Inspection of credential. (1) Each person who has been issued or 
possesses a TWIC must present the TWIC for inspection upon a request 
from TSA, the Coast Guard, or other authorized DHS representative; an 
authorized representative of the National Transportation Safety Board; 
or a Federal, State, or local law enforcement officer.
    (2) Each person who has been issued or who possesses a TWIC must 
allow his or her TWIC to be read by a reader and must submit his or her 
reference biometric, such as a fingerprint, and any other required 
information, such as a PIN, to the reader, upon a request from TSA, the 
Coast Guard, other authorized DHS representative; or a Federal, State, 
or local law enforcement officer.

[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007]

 PART 102_MARITIME SECURITY: NATIONAL MARITIME TRANSPORTATION SECURITY 
                               [RESERVED]



PART 103_MARITIME SECURITY: AREA MARITIME SECURITY--
Table of Contents




                            Subpart A_General

Sec. 
103.100 Applicability.
103.105 Definitions.

 Subpart B_Federal Maritime Sec. rity Coordinator (FMSC) Designation and 
                               Authorities

103.200 Designation of the Federal Maritime Sec. rity Coordinator (FMSC).
103.205 Authority of the COTP as the Federal Maritime Sec. rity 
          Coordinator (FMSC).

            Subpart C_Area Maritime Sec. rity (AMS) Committee

103.300 Area Maritime Sec. rity (AMS) Committee.
103.305 Composition of an Area Maritime Sec. rity (AMS) Committee.
103.310 Responsibilities of the Area Maritime Sec. rity (AMS) Committee.

            Subpart D_Area Maritime Sec. rity (AMS) Assessment

103.400 General.
103.405 Elements of the Area Maritime Sec. rity (AMS) Assessment.
103.410 Persons involved in the Area Maritime Sec. rity (AMS) Assessment.

               Subpart E_Area Maritime Sec. rity (AMS) Plan

103.500 General.
103.505 Elements of the Area Maritime Sec. rity (AMS) Plan.
103.510 Area Maritime Sec. rity (AMS) Plan review and approval.
103.515 Exercises.
103.520 Recordkeeping.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70102, 70103, 70104, 
70112; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; 
Department of Homeland Sec. rity Delegation No. 0170.1.

    Source: USCG-2003-14733, 68 FR 39290, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 103.100  Applicability.

    This part applies to all vessels and facilities located in, on, 
under, or adjacent to waters subject to the jurisdiction of the U.S.

[[Page 340]]



Sec. 103.105  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



 Subpart B_Federal Maritime Sec. rity Coordinator (FMSC) Designation and 
                               Authorities



Sec. 103.200  Designation of the Federal Maritime Sec. rity Coordinator (FMSC).

    The COTPs are the Federal Maritime Sec. rity Coordinators for their 
respective COTP zones described in 33 CFR part 3, including all ports 
and areas located therein.



Sec. 103.205  Authority of the COTP as the Federal Maritime Sec. rity Coordinator (FMSC).

    (a) Without limitation to the authority vested in the COTP by 
statute or regulation, and in addition to authority prescribed elsewhere 
in this part, the COTP as the FMSC is authorized to:
    (1) Establish, convene, and direct the Area Maritime Sec. rity (AMS) 
Committee;
    (2) Appoint members to the AMS Committee;
    (3) Develop and maintain, in coordination with the AMS Committee, 
the AMS Plan;
    (4) Implement and exercise the AMS Plan; and
    (5) Maintain the records required by Sec. 103.520 of this part.
    (b) The authorizations in paragraph (a) of this section do not limit 
any other existing authority of the COTP.



            Subpart C_Area Maritime Sec. rity (AMS) Committee



Sec. 103.300  Area Maritime Sec. rity (AMS) Committee.

    (a) The AMS Committee is established under the direction of the COTP 
and shall assist in the development, review, and update of the AMS Plan 
for their area of responsibility. For the purposes of this subchapter, 
Port Sec. rity Committees that were established prior to July 1, 2003, 
according to guidance issued by the Coast Guard, may be considered AMS 
Committees, provided they conform to the procedures established by this 
part and satisfy the membership requirements of Sec. 103.305 of this 
part.
    (b) The AMS Committee will operate under terms specified in a 
written charter. At a minimum, the charter must address:
    (1) The AMS Committee's purpose and geographic area of 
responsibility;
    (2) Rules for membership;
    (3) The AMS Committee's organizational structure and procedural 
rules of order;
    (4) Frequency of meetings, to include not less than once in a 
calendar year or when requested by a majority of the AMS Committee 
members;
    (5) Guidelines for public access to AMS Committee meetings and 
records; and
    (6) Rules for handling and protecting classified, sensitive 
security, commercially sensitive, and proprietary information.



Sec. 103.305  Composition of an Area Maritime Sec. rity (AMS) Committee.

    (a) An AMS Committee will be composed of not less than seven members 
having an interest in the security of the area and who may be selected 
from--
    (1) The Federal, Territorial, or Tribal government;
    (2) The State government and political subdivisions thereof;
    (3) Local public safety, crisis management and emergency response 
agencies;
    (4) Law enforcement and security organizations;
    (5) Maritime industry, including labor;
    (6) Other port stakeholders having a special competence in maritime 
security; and
    (7) Port stakeholders affected by security practices and policies.
    (b) At least seven of the members must each have 5 or more years of 
experience related to maritime or port security operations.
    (c) Members appointed under this section serve for a term of not 
more than five years. In appointing members, the FMSC should consider 
the skills required by Sec. 103.410 of this part.

[[Page 341]]

With the exception of credentialed Federal, state and local officials, 
all AMS Committee members shall have a name-based terrorist check from 
TSA, hold a TWIC, or have passed a comparable security threat 
assessment, if they need access to SSI as determined by the FMSC.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec. 103.310  Responsibilities of the Area Maritime Sec. rity (AMS) Committee.

    (a) The AMS Committee shall:
    (1) Identify critical port infrastructure and operations;
    (2) Identify risks (threats, vulnerabilities, and consequences);
    (3) Determine mitigation strategies and implementation methods;
    (4) Develop and describe the process to continually evaluate overall 
port security by considering consequences and vulnerabilities, how they 
may change over time, and what additional mitigation strategies can be 
applied; and
    (5) Provide advice to, and assist the COTP in, developing the AMS 
Plan.
    (b) The AMS Committee shall also serve as a link for communicating 
threats and changes in MARSEC Levels, and disseminating appropriate 
security information to port stakeholders.



            Subpart D_Area Maritime Sec. rity (AMS) Assessment



Sec. 103.400  General.

    (a) The Area Maritime Sec. rity (AMS) Committee will ensure that a 
risk based AMS Assessment, is completed and meets the requirements 
specified in Sec. 103.310 of this part and Sec. 101.510 of this 
subchapter, incorporating the elements specified in Sec. 103.405 of 
this part.
    (b) AMS Assessments can be completed by the COTP, the AMS Committee, 
a Coast Guard Port Sec. rity Assessment team, or by another third party 
approved by the AMS Committee.
    (c) Upon completion of each AMS Assessment, a written report, which 
is designated sensitive security information, must be prepared 
consisting of:
    (1) A summary of how the AMS Assessment was conducted;
    (2) A description of each vulnerability and consequences found 
during the AMS Assessment; and
    (3) A description of risk reduction strategies that could be used to 
ensure continued operation at an acceptable risk level.



Sec. 103.405  Elements of the Area Maritime Sec. rity (AMS) Assessment.

    (a) The AMS Assessment must include the following elements:
    (1) Identification of the critical Marine Transportation System 
infrastructure and operations in the port;
    (2) Threat assessment that identifies and evaluates each potential 
threat on the basis of various factors, including capability and 
intention;
    (3) Consequence and vulnerability assessment for each target/
scenario combination; and
    (4) A determination of the required security measures for the three 
MARSEC Levels.
    (b) In order to meet the elements listed in paragraph (a) of this 
section, an AMS Assessment should consider each of the following:
    (1) Physical security of infrastructure and operations at the port;
    (2) Structures considered critical for the continued operation of 
the port;
    (3) Existing security systems and equipment available to protect 
maritime personnel;
    (4) Procedural policies;
    (5) Radio and telecommunication systems, including computer systems 
and networks;
    (6) Relevant transportation infrastructure;
    (7) Utilities;
    (8) Sec. rity resources and capabilities; and
    (9) Other areas that may, if damaged, pose a risk to people, 
infrastructure, or operations within the port.
    (c) AMS Assessments are sensitive security information and must be 
protected in accordance with 49 CFR part 1520.

[[Page 342]]



Sec. 103.410  Persons involved in the Area Maritime Sec. rity (AMS) Assessment.

    The persons carrying out the AMS Assessment must have the 
appropriate skills to evaluate the security of the port in accordance 
with this part. This includes being able to draw upon expert assistance 
in relation to:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances, and devices;
    (c) Recognition, on a non-discriminatory basis, of characteristics 
and behavioral patterns of persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Methods used to cause a transportation security incident;
    (f) Effects of dangerous substances and devices on structures and 
port services;
    (g) Port security requirements;
    (h) Port business practices;
    (i) Contingency planning, emergency preparedness, and response;
    (j) Physical security measures;
    (k) Radio and telecommunications systems, including computer systems 
and networks;
    (l) Transportation and civil engineering;
    (m) Vessel and port operations; and
    (n) Knowledge of the impact, including cost impacts of implementing 
security measures on port operations.



               Subpart E_Area Maritime Sec. rity (AMS) Plan



Sec. 103.500  General.

    (a) The Area Maritime Sec. rity (AMS) Plan is developed by the COTP, 
in consultation with the AMS Committee, and is based on an AMS 
Assessment that meets the provisions of subpart D of this part. The AMS 
Plan must be consistent with the National Maritime Transportation 
Sec. rity Plan and the National Transportation Sec. rity Plan.
    (b) Portions of the AMS Plan may contain sensitive security 
information, and those portions must be marked as such and protected in 
accordance with 49 CFR part 1520.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003]



Sec. 103.505  Elements of the Area Maritime Sec. rity (AMS) Plan.

    The AMS Plan should address the following elements, as applicable:
    (a) Details of both operational and physical measures that are in 
place in the port at MARSEC Level 1;
    (b) Details of the additional security measures that enable the port 
to progress, without delay, to MARSEC Level 2 and, when necessary, to 
MARSEC Level 3;
    (c) Details of the security incident command-and-response structure;
    (d) Details for regular audit of the AMS Plan, and for its amendment 
in response to experience or changing circumstances;
    (e) Measures to prevent the introduction of dangerous substances and 
devices into designated restricted areas within the port;
    (f) Measures to prevent unauthorized access to designated restricted 
areas within the port (e.g., TWIC);
    (g) Procedures and expected timeframes for responding to security 
threats or breaches of security, including provisions for maintaining 
infrastructure and operations in the port;
    (h) Procedures for responding to any security instructions the Coast 
Guard announces at MARSEC Level 3;
    (i) Procedures for evacuation within the port in case of security 
threats or breaches of security;
    (j) Procedures for periodic plan review, exercise, and updating;
    (k) Procedures for reporting transportation security incidents 
(TSI);
    (l) Identification of, and methods to communicate with, Facility 
Sec. rity Officers (FSO), Company Sec. rity Officers (CSO), Vessel 
Sec. rity Officers (VSO), public safety officers, emergency response 
personnel, and crisis management organization representatives within the 
port, including 24-hour contact details;
    (m) Measures to ensure the security of the information contained in 
the AMS Plan;

[[Page 343]]

    (n) Sec. rity measures designed to ensure effective security of 
infrastructure, special events, vessels, passengers, cargo, and cargo 
handling equipment at facilities within the port not otherwise covered 
by a Vessel or Facility Sec. rity Plan, approved under part 104, 105, or 
106 of this subchapter;
    (o) Procedures to be taken when a vessel is at a higher security 
level than the facility or port it is visiting;
    (p) Procedures for responding if a vessel security alert system on 
board a vessel within or near the port has been activated;
    (q) Procedures for communicating appropriate security and threat 
information to the public;
    (r) Procedures for handling reports from the public and maritime 
industry regarding suspicious activity;
    (s) The jurisdiction of Federal, State, Indian Tribal, and local 
government agencies and law enforcement entities over area security 
related matters;
    (t) Sec. rity resources available for incident response and their 
capabilities;
    (u) Procedures for responding to a TSI;
    (v) Procedures to facilitate the recovery of the Marine 
Transportation System after a TSI; and
    (w) Identification of any facility otherwise subject to part 105 of 
this subchapter that the COTP has designated as a public access facility 
within the area, the security measures that must be implemented at the 
various MARSEC Levels, and who is responsible for implementing those 
measures.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec. 103.510  Area Maritime Sec. rity (AMS) Plan review and approval.

    Each AMS Plan will be submitted to the cognizant District Commander 
for review and then forwarded to the Area Commander for approval.



Sec. 103.515  Exercises.

    (a) The COTP shall coordinate with the Area Maritime Sec. rity (AMS) 
Committee to conduct or participate in an exercise at least once each 
calendar year, with no more than 18 months between exercises, to test 
the effectiveness of the AMS Plan.
    (b) An exercise may consist of any of the following:
    (1) A tabletop exercise to validate the AMS Plan. No equipment or 
personnel deployment is required;
    (2) A field training exercise consisting of personnel deployment and 
use of security equipment; or
    (3) A combination of Sec. 103.515(b)(1) and (b)(2).
    (c) Upon review by the cognizant District Commander, and approval by 
the cognizant Area Commander, the requirements of this section may be 
satisfied by--
    (1) Participation of the COTP and appropriate AMS Committee members 
or other appropriate port stakeholders in an emergency response or 
crisis management exercise conducted by another governmental agency or 
private sector entity, provided that the exercise addresses components 
of the AMS Plan;
    (2) An actual increase in MARSEC Level; or
    (3) Implementation of enhanced security measures enumerated in the 
AMS Plan during periods of critical port operations or special marine 
events.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60483, 
Oct. 22, 2003]



Sec. 103.520  Recordkeeping.

    (a) All records pertaining to the Area Maritime Sec. rity (AMS) 
Assessment and AMS Plan will be retained by the COTP for 5 years.
    (b) Exercise documentation will be kept by the COTP for 2 years.



PART 104_MARITIME SECURITY: VESSELS--Table of Contents




                            Subpart A_General

Sec. 
104.100 Definitions.
104.105 Applicability.
104.106 Passenger access area.
104.107 Employee access area.
104.110 Exemptions.
104.115 Compliance.
104.120 Compliance documentation.
104.125 Noncompliance.
104.130 Waivers.
104.135 Equivalents.
104.140 Alternative Sec. rity Programs.
104.145 Maritime Sec. rity (MARSEC) Directive.

[[Page 344]]

104.150 Right to appeal.

                 Subpart B_Vessel Sec. rity Requirements

104.200 Owner or operator.
104.205 Master.
104.210 Company Sec. rity Officer (CSO).
104.215 Vessel Sec. rity Officer (VSO).
104.220 Company or vessel personnel with security duties.
104.225 Sec. rity training for all other vessel personnel.
104.230 Drill and exercise requirements.
104.235 Vessel recordkeeping requirements.
104.240 Maritime Sec. rity (MARSEC) Level coordination and 
          implementation.
104.245 Communications.
104.250 Procedures for interfacing with facilities and other vessels.
104.255 Declaration of Sec. rity (DoS).
104.260 Sec. rity systems and equipment maintenance.
104.265 Sec. rity measures for access control.
104.267 Sec. rity measures for newly hired employees.
104.270 Sec. rity measures for restricted areas.
104.275 Sec. rity measures for handling cargo.
104.280 Sec. rity measures for delivery of vessel stores and bunkers.
104.285 Sec. rity measures for monitoring.
104.290 Sec. rity incident procedures.
104.292 Additional requirements--passenger vessels and ferries.
104.295 Additional requirements--cruise ships.
104.297 Additional requirements--vessels on international voyages.

               Subpart C_Vessel Sec. rity Assessment (VSA)

104.300 General.
104.305 Vessel Sec. rity Assessment (VSA) requirements.
104.310 Submission requirements.

                  Subpart D_Vessel Sec. rity Plan (VSP)

104.400 General.
104.405 Format of the Vessel Sec. rity Plan (VSP).
104.410 Submission and approval.
104.415 Amendment and audit.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of 
Homeland Sec. rity Delegation No. 0170.1.

    Source: USCG-2003-14749, 68 FR 39302, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 104.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec. 104.105  Applicability.

    This part applies to the owner or operator of any:
    (1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel 
subject to the International Convention for Safety of Life at Sea, 1974, 
(SOLAS), Chapter XI-1 or Chapter XI-2;
    (2) Foreign cargo vessel greater than 100 gross register tons;
    (3) Self-propelled U.S. cargo vessel greater than 100 gross register 
tons subject to 46 CFR subchapter I, except commercial fishing vessels 
inspected under 46 CFR part 105;
    (4) Vessel subject to 46 CFR chapter I, subchapter L;
    (5) Passenger vessel subject to 46 CFR chapter I, subchapter H;
    (6) Passenger vessel certificated to carry more than 150 passengers;
    (7) Other passenger vessel carrying more than 12 passengers, 
including at least one passenger-for-hire, that is engaged on an 
international voyage;
    (8) Barge subject to 46 CFR chapter I, subchapters D or O;
    (9) Barge carrying certain dangerous cargo in bulk or barge that is 
subject to 46 CFR Chapter I, subchapter I, that is engaged on an 
international voyage.
    (10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
    (11) Towing vessel greater than eight meters in registered length 
that is engaged in towing a barge or barges subject to this part, except 
a towing vessel that--
    (i) Temporarily assists another vessel engaged in towing a barge or 
barges subject to this part;
    (ii) Shifts a barge or barges subject to this part at a facility or 
within a fleeting facility;
    (iii) Assists sections of a tow through a lock; or
    (iv) Provides emergency assistance.
    (b) An owner or operator of any vessel not covered in paragraph (a) 
of this section is subject to parts 101 through 103 of this subchapter.

[[Page 345]]

    (c) Foreign Vessels that have on board a valid International Ship 
Sec. rity Certificate that certifies that the verifications required by 
part A, Sec. ion 19.1, of the International Ship and Port Facility 
Sec. rity (ISPS) Code (Incorporated by reference, see Sec. 101.115 of 
this subchapter) have been completed will be deemed in compliance with 
this part, except for Sec. Sec. 104.240, 104.255, 104.292, and 104.295, 
as appropriate. This includes ensuring that the vessel meets the 
applicable requirements of SOLAS Chapter XI-2 (Incorporated by 
reference, see Sec. 101.115 of this subchapter) and the ISPS Code, part 
A, having taken into account the relevant provisions of the ISPS Code, 
part B, and that the vessel is provided with an approved security plan.
    (d) The TWIC requirements found in this part do not apply to foreign 
vessels.
    (e) The TWIC requirements found in this part do not apply to 
mariners employed aboard vessels moored at U.S. facilities only when 
they are working immediately adjacent to their vessels in the conduct of 
vessel activities.
    (f) Except pursuant to international treaty, convention, or 
agreement to which the U.S. is a party, this part does not apply to any 
foreign vessel that is not destined for, or departing from, a port or 
place subject to the jurisdiction of the U.S. and that is in:
    (1) Innocent passage through the territorial sea of the U.S.; or
    (2) Transit through the navigable waters of the U.S. that form a 
part of an international strait.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-24196, 72 FR 3579, Jan. 25, 
2007]



Sec. 104.106  Passenger access area.

    (a) A ferry, passenger vessel, or cruise ship may designate areas 
within the vessel as passenger access areas.
    (b) A passenger access area is a defined space, within the area over 
which the owner or operator has implemented security measures for access 
control, of a ferry, passenger vessel, or cruise ship that is open to 
passengers. It is not a secure area and does not require a TWIC for 
unescorted access.

[USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec. 104.107  Employee access area.

    (a) A ferry or passenger vessel, excluding cruise ships, may 
designate areas within the vessel as employee access areas.
    (b) An employee access area is a defined space, within the area over 
which the owner or operator has implemented security measures for access 
control, of a ferry or passenger vessel that is open only to employees 
and not to passengers. It is not a secure area and does not require a 
TWIC for unescorted access.
    (c) Employee access areas may not include any areas defined as 
restricted areas in the VSP.

[USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec. 104.110  Exemptions.

    (a) This part does not apply to warships, naval auxiliaries, or 
other vessels owned or operated by a government and used only on 
government non-commercial service.
    (b) A vessel is not subject to this part while the vessel is laid 
up, dismantled, or otherwise out of commission.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003]



Sec. 104.115  Compliance.

    (a) Vessel owners or operators must ensure their vessels are 
operating in compliance with this part.
    (b) Owners or operators of foreign vessels must comply with the 
following--
    (1) Vessels subject to the International Convention for Safety of 
Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, must carry on 
board a valid International Ship Sec. rity Certificate that certifies 
that the verifications required by part A, Sec. ion 19.1, of the 
International Ship and Port Facility Sec. rity (ISPS) Code (Incorporated 
by reference, see Sec. 101.115 of this subchapter) have been completed. 
This includes ensuring that the vessel meets the applicable requirements 
of SOLAS Chapter XI-2 (Incorporated by reference, see Sec. 101.115 of 
this chapter) and the ISPS Code, part A, having

[[Page 346]]

taken into account the relevant provisions of the ISPS Code, part B, and 
that the vessel is provided with an approved security plan.
    (2) Vessels not subject to SOLAS Chapter XI-1 or Chapter XI-2, may 
comply with this part through an Alternative Sec. rity Program or a 
bilateral arrangement approved by the Coast Guard. If not complying with 
an approved Alternative Sec. rity Program or bilateral arrangement, these 
vessels must meet the requirements of paragraph (b) of this section.
    (c) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (d) By September 25, 2008, vessel owners or operators subject to 
paragraph (b) of this section and not excluded by Sec. 104.105(d) of 
this part must be operating in accordance with the TWIC provisions found 
within this part.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG-2004-
18057, 69 FR 34925, June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 
16, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2006-24196, 
72 FR 3579, Jan. 25, 2007]



Sec. 104.120  Compliance documentation.

    (a) Each vessel owner or operator subject to this part must ensure, 
on or before July 1, 2004, that copies of the following documents are 
carried on board the vessel and are made available to the Coast Guard 
upon request:
    (1) The approved Vessel Sec. rity Plan (VSP) and any approved 
revisions or amendments thereto, and a letter of approval from the 
Commanding Officer, Marine Safety Center (MSC);
    (2) The VSP submitted for approval and a current acknowledgement 
letter from the Commanding Officer, MSC, stating that the Coast Guard is 
currently reviewing the VSP submitted for approval, and that the vessel 
may continue to operate so long as the vessel remains in compliance with 
the submitted plan;
    (3) For vessels operating under a Coast Guard-approved Alternative 
Sec. rity Program as provided in Sec. 104.140, a copy of the Alternative 
Sec. rity Program the vessel is using, including a vessel specific 
security assessment report generated under the Alternative Sec. rity 
Program, as specified in Sec. 101.120(b)(3) of this subchapter, and a 
letter signed by the vessel owner or operator, stating which Alternative 
Sec. rity Program the vessel is using and certifying that the vessel is 
in full compliance with that program; or
    (4) For foreign vessels, subject to the International Convention for 
Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, a 
valid International Ship Sec. rity Certificate (ISSC) that attests to the 
vessel's compliance with SOLAS Chapter XI-2 and the ISPS Code, part A 
(Incorporated by reference, see Sec. 101.115 of this subchapter) and is 
issued in accordance with the ISPS Code, part A, section 19. As stated 
in Sec. ion 9.4 of the ISPS Code, part A requires that, in order for the 
ISSC to be issued, the provisions of part B of the ISPS Code need to be 
taken into account.
    (b) Each owner or operator of an unmanned vessel subject to this 
part must maintain the documentation described in paragraphs (a)(1), 
(2), or (3) of this section. The letter required by each of those 
paragraphs must be carried on board the vessel. The plan or program 
required by each of those paragraphs must not be carried on board the 
vessel, but must be maintained in a secure location. During scheduled 
inspections, the plan or program must be made available to the Coast 
Guard upon request.
    (c) Each vessel owner or operator who designates a passenger or 
employee access area (as those terms are defined in Sec. Sec. 104.106 
and 104.107 of this part) on their vessel must keep on board the vessel 
with their approved VSP a clear, visual representation (such as a vessel 
schematic) of where those designated areas fall. This need not be 
submitted to the Coast Guard for approval until incorporated into the 
VSP at the next VSP submittal (either renewal or amendment), but must be 
made available to the Coast Guard upon request.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2006-
24196, 72 FR 3579, Jan. 25, 2007]

[[Page 347]]



Sec. 104.125  Noncompliance.

    When a vessel must temporarily deviate from the requirements of this 
part, the vessel owner or operator must notify the cognizant COTP, and 
either suspend operations or request and receive permission from the 
COTP to continue operating.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003]



Sec. 104.130  Waivers.

    Any vessel owner or operator may apply for a waiver of any 
requirement of this part that the owner or operator considers 
unnecessary in light of the nature or operating conditions of the 
vessel. A request for a waiver must be submitted in writing with 
justification to the Commandant (G-MP) at 2100 Sec. nd St., SW., 
Washington, DC 20593. The Commandant (G-MP) may require the vessel owner 
or operator to provide additional data for determining the validity of 
the requested waiver. The Commandant (G-MP) may grant, in writing, a 
waiver with or without conditions only if the waiver will not reduce the 
overall security of the vessel, its passengers, its crew, or its cargo, 
or facilities or ports that the vessel may visit.



Sec. 104.135  Equivalents.

    For any measure required by this part, the vessel owner or operator 
may propose an equivalent as provided in Sec. 101.130 of this 
subchapter.



Sec. 104.140  Alternative Sec. rity Programs.

    A vessel owner or operator may use an Alternative Sec. rity Program 
as approved under Sec. 101.120 of this subchapter if:
    (a) The Alternative Sec. rity Program is appropriate to that class of 
vessel;
    (b) The vessel is not subject to the International Convention for 
Safety of Life at Sea, 1974; and
    (c) The Alternative Sec. rity Program is implemented in its entirety.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003]



Sec. 104.145  Maritime Sec. rity (MARSEC) Directive.

    Each vessel owner or operator subject to this part must comply with 
any instructions contained in a MARSEC Directive issued under Sec. 
101.405 of this subchapter.



Sec. 104.150  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec. 101.420 of this subchapter.



                 Subpart B_Vessel Sec. rity Requirements



Sec. 104.200  Owner or operator.

    (a) Each vessel owner or operator must ensure that the vessel 
operates in compliance with the requirements of this part.
    (b) For each vessel, the vessel owner or operator must:
    (1) Define the security organizational structure for each vessel and 
provide all personnel exercising security duties or responsibilities 
within that structure with the support needed to fulfill security 
obligations;
    (2) Designate, in writing, by name or title, a Company Sec. rity 
Officer (CSO), a Vessel Sec. rity Officer (VSO) for each vessel, and 
identify how those officers can be contacted at any time;
    (3) Ensure personnel receive training, drills, and exercises 
enabling them to perform their assigned security duties;
    (4) Inform vessel personnel of their responsibility to apply for and 
maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (5) Ensure vessel security records are kept;
    (6) Ensure that adequate coordination of security issues takes place 
between vessels and facilities; this includes the execution of a 
Declaration of Sec. rity (DoS);
    (7) Ensure coordination of shore leave, transit, or crew change-out 
for vessel personnel, as well as access through the facility of visitors 
to the

[[Page 348]]

vessel (including representatives of seafarers' welfare and labor 
organizations), with facility operators in advance of a vessel's 
arrival. Vessel owners or operators may refer to treaties of friendship, 
commerce, and navigation between the U.S. and other nations in 
coordinating such leave. The text of these treaties can be found at 
http://www.marad.dot.gov/Programs/treaties.html;
    (8) Ensure security communication is readily available;
    (9) Ensure coordination with and implementation of changes in 
Maritime Sec. rity (MARSEC) Level;
    (10) Ensure that security systems and equipment are installed and 
maintained;
    (11) Ensure that vessel access, including the embarkation of persons 
and their effects, is controlled;
    (12) Ensure that TWIC procedures are implemented as set forth in 
this part, including;
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in secure areas are permitted to escort;
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted; and
    (iii) Notifying vessel employees, and passengers if applicable, of 
what parts of the vessel are secure areas, employee access areas, and 
passenger access areas, as applicable, and ensuring such areas are 
clearly marked.
    (13) Ensure that restricted areas are controlled and TWIC provisions 
are coordinated, if applied to such restricted areas;
    (14) Ensure that protocols consistent with Sec. 104.265(c) of this 
part, for dealing with individuals requiring access who report a lost, 
damaged, or stolen TWIC, or who have applied for and not yet received a 
TWIC, are in place;
    (15) Ensure that cargo and vessel stores and bunkers are handled in 
compliance with this part;
    (16) Ensure restricted areas, deck areas, and areas surrounding the 
vessel are monitored;
    (17) Provide the Master, or for vessels on domestic routes only, the 
CSO, with the following information:
    (i) Parties responsible for appointing vessel personnel, such as 
vessel management companies, manning agents, contractors, 
concessionaires (for example, retail sales outlets, casinos, etc.);
    (ii) Parties responsible for deciding the employment of the vessel, 
including time or bareboat charters or any other entity acting in such 
capacity; and
    (iii) In cases when the vessel is employed under the terms of a 
charter party, the contract details of those documents, including time 
or voyage charters; and
    (18) Give particular consideration to the convenience, comfort, and 
personal privacy of vessel personnel and their ability to maintain their 
effectiveness over long periods; and
    (19) If applicable, ensure that protocols consistent with Sec. 
104.267 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2003-
14749, 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 
2007]



Sec. 104.205  Master.

    (a) Nothing in this part is intended to permit the Master to be 
constrained by the Company, the vessel owner or operator, or any other 
person, from taking or executing any decision which, in the professional 
judgment of the Master, is necessary to maintain the safety and security 
of the vessel. This includes denial of access to persons--except those 
identified as duly authorized by the cognizant government authority--or 
their effects, and refusal to load cargo, including containers or other 
closed cargo transport units.
    (b) If, in the professional judgment of the Master, a conflict 
between any safety and security requirements applicable to the vessel 
arises during its operations, the Master may give precedence to measures 
intended to maintain the safety of the vessel, and take such temporary 
security measures as seem best under all circumstances. In such cases:

[[Page 349]]

    (1) The Master must, as soon as practicable, inform the nearest 
COTP. If the vessel is on a foreign voyage, the Master must promptly 
inform the Coast Guard via the NRC at 1-800-424-8802, direct telephone 
at 202-372-2428; Fax: 202-372-2920, TDD at 202-267-4477, or E-mail at 
[email protected] and if subject to the jurisdiction of a 
foreign government, the relevant maritime authority of that foreign 
government;
    (2) The temporary security measures must, to the highest possible 
degree, be commensurate with the prevailing Maritime Sec. rity (MARSEC) 
Level; and
    (3) The owner or operator must ensure that such conflicts are 
resolved to the satisfaction of the cognizant COTP, or for vessels on 
international voyages, the Commandant (G-MP), and that the possibility 
of recurrence is minimized.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 104.210  Company Sec. rity Officer (CSO).

    (a) General. (1) Each vessel owner or operator must designate in 
writing a CSO.
    (2) A vessel owner or operator may designate a single CSO for all 
its vessels to which this part applies, or may designate more than one 
CSO, in which case the owner or operator must clearly identify the 
vessels for which each CSO is responsible.
    (3) A CSO may perform other duties within the owner or operator's 
organization, including the duties of a Vessel Sec. rity Officer, 
provided he or she is able to perform the duties and responsibilities 
required of a CSO.
    (4) The CSO may delegate duties required by this part, but remains 
responsible for the performance of those duties.
    (5) The CSO must maintain a TWIC.
    (b) Qualifications. (1) The CSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (i) Sec. rity administration and organization of the company's 
vessel(s);
    (ii) Vessel, facility, and port operations relevant to that 
industry;
    (iii) Vessel and facility security measures, including the meaning 
and the consequential requirements of the different Maritime Sec. rity 
(MARSEC) Levels;
    (iv) Emergency preparedness and response and contingency planning;
    (v) Sec. rity equipment and systems and their operational 
limitations;
    (vi) Methods of conducting audits, inspection and control and 
monitoring techniques; and
    (vii) Techniques for security training and education, including 
security measures and procedures.
    (2) In addition to knowledge and training in paragraph (b)(1) of 
this section, the CSO must have general knowledge through training or 
equivalent job experience in the following, as appropriate:
    (i) Relevant international conventions, codes, and recommendations;
    (ii) Relevant government legislation and regulations;
    (iii) Responsibilities and functions of other security 
organizations;
    (iv) Methodology of Vessel Sec. rity Assessment;
    (v) Methods of vessel security surveys and inspections;
    (vi) Instruction techniques for security training and education, 
including security measures and procedures;
    (vii) Handling sensitive security information and security related 
communications;
    (viii) Knowledge of current security threats and patterns;
    (ix) Recognition and detection of dangerous substances and devices;
    (x) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (xi) Techniques used to circumvent security measures;
    (xii) Methods of physical screening and non-intrusive inspections;
    (xiii) Sec. rity drills and exercises, including drills and exercises 
with facilities; and
    (xiv) Assessment of security drills and exercises.
    (xv) Knowledge of TWIC requirements
    (c) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the CSO

[[Page 350]]

must, for each vessel for which he or she has been designated:
    (1) Keep the vessel apprised of potential threats or other 
information relevant to its security;
    (2) Ensure a Vessel Sec. rity Assessment (VSA) is carried out;
    (3) Ensure a Vessel Sec. rity Plan (VSP) is developed, approved, and 
maintained;
    (4) Ensure the VSP is modified when necessary;
    (5) Ensure vessel security activities are audited;
    (6) Arrange for Coast Guard inspections under 46 CFR part 2;
    (7) Ensure the timely or prompt correction of problems identified by 
audits or inspections;
    (8) Enhance security awareness and vigilance within the owner's or 
operator's organization;
    (9) Ensure relevant personnel receive adequate security training;
    (10) Ensure communication and cooperation between the vessel and the 
port and facilities with which the vessel interfaces;
    (11) Ensure consistency between security requirements and safety 
requirements;
    (12) Ensure that when sister-vessel or fleet security plans are 
used, the plan for each vessel reflects the vessel-specific information 
accurately;
    (13) Ensure compliance with an Alternative Sec. rity Program or 
equivalents approved under this subchapter, if appropriate; and
    (14) Ensure security measures give particular consideration to the 
convenience, comfort, and personal privacy of vessel personnel and their 
ability to maintain their effectiveness over long periods.
    (15) Ensure the TWIC program is being properly implemented.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.215  Vessel Sec. rity Officer (VSO).

    (a) General. (1) A VSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the VSO for each such vessel.
    (2) For manned vessels, the VSO must be the Master or a member of 
the crew.
    (3) For unmanned vessels, the VSO must be an employee of the 
company, and the same person may serve as the VSO for more than one 
unmanned vessel. If a person serves as the VSO for more than one 
unmanned vessel, the name of each unmanned vessel for which he or she is 
the VSO must be listed in the Vessel Sec. rity Plan (VSP).
    (4) The VSO of any unmanned barge and the VSO of any towing vessel 
interfacing with the barge must coordinate and ensure the implementation 
of security measures applicable to both vessels during the period of 
their interface.
    (5) The VSO may assign security duties to other vessel personnel; 
however, the VSO remains responsible for these duties.
    (6) The VSO must maintain a TWIC.
    (b) Qualifications. The VSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Those items listed in Sec. 104.210 (b)(1) and (b)(2) of this 
part;
    (2) Vessel layout;
    (3) The VSP and related procedures, including scenario-based 
response training;
    (4) Crowd management and control techniques;
    (5) Operations of security equipment and systems; and
    (6) Testing and calibration of security equipment and systems, and 
their maintenance while at sea.
    (7) TWIC
    (c) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the VSO must, for each vessel 
for which he or she has been designated:
    (1) Regularly inspect the vessel to ensure that security measures 
are maintained;
    (2) Ensure maintenance and supervision of the implementation of the 
VSP, and any amendments to the VSP;
    (3) Ensure the coordination and handling of cargo and vessel stores 
and bunkers in compliance with this part;
    (4) Propose modifications to the VSP to the Company Sec. rity Officer 
(CSO);

[[Page 351]]

    (5) Ensure that any problems identified during audits or inspections 
are reported to the CSO, and promptly implement any corrective actions;
    (6) Ensure security awareness and vigilance on board the vessel;
    (7) Ensure adequate security training for vessel personnel;
    (8) Ensure the reporting and recording of all security incidents;
    (9) Ensure the coordinated implementation of the VSP with the CSO 
and the relevant Facility Sec. rity Officer, when applicable;
    (10) Ensure security equipment is properly operated, tested, 
calibrated and maintained; and
    (11) Ensure consistency between security requirements and the proper 
treatment of vessel personnel affected by those requirements.
    (12) Ensure TWIC programs are in place and implemented 
appropriately.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.220  Company or vessel personnel with security duties.

    Company and vessel personnel responsible for security duties must 
maintain a TWIC, and must have knowledge, through training or equivalent 
job experience, in the following, as appropriate:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Sec. rity related communications;
    (g) Knowledge of emergency procedures and contingency plans;
    (h) Operation of security equipment and systems;
    (i) Testing and calibration of security equipment and systems, and 
their maintenance while at sea;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Vessel Sec. rity Plan (VSP);
    (l) Methods of physical screening of persons, personal effects, 
baggage, cargo, and vessel stores; and
    (m) The meaning and the consequential requirements of the different 
Maritime Sec. rity (MARSEC) Levels.
    (n) Relevant aspects of the TWIC program and how to carry them out.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.225  Sec. rity training for all other vessel personnel.

    All other vessel personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, 
through training or equivalent job experience in the following, as 
appropriate:
    (a) Relevant provisions of the Vessel Sec. rity Plan (VSP);
    (b) The meaning and the consequential requirements of the different 
Maritime Sec. rity (MARSEC) Levels, including emergency procedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Techniques used to circumvent security measures.
    (f) Relevant aspects of the TWIC program and how to carry them out.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.230  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
vessel personnel in assigned security duties at all Maritime Sec. rity 
(MARSEC) Levels and the effective implementation of the Vessel Sec. rity 
Plan (VSP). They must enable the Vessel Sec. rity Officer (VSO) to 
identify any related security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the Vessel 
Sec. rity Plan as the result of an increase in the

[[Page 352]]

MARSEC Level, provided the vessel reports attainment to the cognizant 
COTP.
    (b) Drills. (1) The VSO must ensure that at least one security drill 
is conducted at least every 3 months, except when a vessel is out of 
service due to repairs or seasonal suspension of operation provided that 
in such cases a drill must be conducted within one week of the vessel's 
reactivation. Sec. rity drills may be held in conjunction with non-
security drills where appropriate.
    (2) Drills must test individual elements of the VSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the vessel, vessel personnel changes, 
and other relevant circumstances. Examples of drills include 
unauthorized entry to a restricted area, response to alarms, and 
notification of law enforcement authorities.
    (3) If the vessel is moored at a facility on the date the facility 
has planned to conduct any drills, the vessel may, but is not required 
to, participate in the facility's scheduled drill.
    (4) Drills must be conducted within one week from whenever the 
percentage of vessel personnel with no prior participation in a vessel 
security drill on that vessel exceeds 25 percent.
    (5) Not withstanding paragraph (b)(4) of this section, vessels not 
subject to SOLAS may conduct drills within 1 week from whenever the 
percentage of vessel personnel with no prior participation in a vessel 
security drill on a vessel of similar design and owned or operated by 
the same company exceeds 25 percent.
    (c) Exercises. (1) Exercises must be conducted at least once each 
calendar year, with no more than 18 months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation or seminar;
    (iii) Combined with other appropriate exercises; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be vessel-specific or part of a cooperative 
exercise program to exercise applicable facility and vessel security 
plans or comprehensive port exercises.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the security program and must 
include the substantial and active participation of relevant company and 
vessel security personnel, and may include facility security personnel 
and government authorities depending on the scope and the nature of the 
exercises.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003]



Sec. 104.235  Vessel recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Vessel Sec. rity 
Officer must keep records of the activities as set out in paragraph (b) 
of this section for at least 2 years and make them available to the 
Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized deletion, destruction, or amendment. The following records 
must be kept:
    (1) Training. For training under Sec. 104.225, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
description of drill or exercise, list of participants; and any best 
practices or lessons learned which may improve the Vessel Sec. rity Plan 
(VSP);
    (3) Incidents and breaches of security. Date and time of occurrence, 
location within the port, location within the vessel, description of 
incident or breaches, to whom it was reported, and description of the 
response;
    (4) Changes in Maritime Sec. rity (MARSEC) Levels. Date and time of 
notification received, and time of compliance with additional 
requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, the date and 
time, and the specific security equipment involved;

[[Page 353]]

    (6) Sec. rity threats. Date and time of occurrence, how the threat 
was communicated, who received or identified the threat, description of 
threat, to whom it was reported, and description of the response;
    (7) Declaration of Sec. rity (DoS). Manned vessels must keep on board 
a copy of the last 10 DoSs and a copy of each continuing DoS for at 
least 90 days after the end of its effective period; and
    (8) Annual audit of the VSP. For each annual audit, a letter 
certified by the Company Sec. rity Officer or the VSO stating the date 
the audit was completed.
    (c) Any records required by this part must be protected from 
unauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.240  Maritime Sec. rity (MARSEC) Level coordination and implementation.

    (a) The vessel owner or operator must ensure that, prior to entering 
a port or visiting an Outer Continental Shelf (OCS) facility, all 
measures are taken that are specified in the Vessel Sec. rity Plan (VSP) 
for compliance with the MARSEC Level in effect for the port or the OCS 
facility.
    (b) When notified of an increase in the MARSEC Level, the vessel 
owner or operator must ensure:
    (1) If a higher MARSEC Level is set for the port in which the vessel 
is located or is about to enter, the vessel complies, without undue 
delay, with all measures specified in the VSP for compliance with that 
higher MARSEC Level;
    (2) The COTP is notified as required by Sec. 101.300(c) when 
compliance with the higher MARSEC Level has been implemented;
    (3) For vessels in port, that compliance with the higher MARSEC 
Level has taken place within 12 hours of the notification; and
    (4) If a higher MARSEC Level is set for the OCS facility with which 
the vessel is interfacing or is about to visit, the vessel complies, 
without undue delay, with all measures specified in the VSP for 
compliance with that higher MARSEC Level.
    (c) For MARSEC Levels 2 and 3, the Vessel Sec. rity Officer must 
brief all vessel personnel of identified threats, emphasize reporting 
procedures, and stress the need for increased vigilance.
    (d) An owner or operator whose vessel is not in compliance with the 
requirements of this section must inform the COTP and obtain approval 
prior to entering any port, prior to interfacing with another vessel or 
with a facility or to continuing operations.
    (e) For MARSEC Level 3, in addition to the requirements in this 
part, a vessel owner or operator may be required to implement additional 
measures, pursuant to 33 CFR part 6, 160 or 165, as appropriate, which 
may include but are not limited to:
    (1) Arrangements to ensure that the vessel can be towed or moved if 
deemed necessary by the Coast Guard;
    (2) Use of waterborne security patrol;
    (3) Use of armed security personnel to control access to the vessel 
and to deter, to the maximum extent practical, a TSI; or
    (4) Screening the vessel for the presence of dangerous substances 
and devices underwater or other threats.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.245  Communications.

    (a) The Vessel Sec. rity Officer must have a means to effectively 
notify vessel personnel of changes in security conditions on board the 
vessel.
    (b) Communications systems and procedures must allow effective and 
continuous communication between the vessel security personnel, 
facilities interfacing with the vessel, vessels interfacing with the 
vessel, and national or local authorities with security 
responsibilities.
    (c) Communication systems and procedures must enable vessel 
personnel to notify, in a timely manner, shore side authorities or other 
vessels of a security threat or incident on board.



Sec. 104.250  Procedures for interfacing with facilities and other vessels.

    (a) The vessel owner or operator must ensure that there are measures 
for interfacing with facilities and other vessels at all MARSEC Levels.

[[Page 354]]

    (b) For each U.S. flag vessel that calls on foreign ports or 
facilities, the vessel owner or operator must ensure procedures for 
interfacing with those ports and facilities are established.



Sec. 104.255  Declaration of Sec. rity (DoS).

    (a) Each vessel owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from a 
facility or other vessel.
    (b) At MARSEC Level 1, the Master or Vessel Sec. rity Officer (VSO), 
or their designated representative, of any cruise ship or manned vessel 
carrying Certain Dangerous Cargoes, in bulk, must complete and sign a 
DoS with the VSO or Facility Sec. rity Officer (FSO), or their designated 
representative, of any vessel or facility with which it interfaces.
    (1) For a vessel-to-facility interface, prior to arrival of a vessel 
to a facility, the FSO and Master, VSO, or their designated 
representatives must coordinate security needs and procedures, and agree 
upon the contents of the DoS for the period of time the vessel is at the 
facility. Upon a vessel's arrival to a facility and prior to any 
passenger embarkation or disembarkation or cargo transfer operation, the 
FSO or Master, VSO, or designated representatives must sign the written 
DoS.
    (2) For a vessel engaging in a vessel-to-vessel activity, prior to 
the activity, the respective Masters, VSOs, or their designated 
representatives must coordinate security needs and procedures, and agree 
upon the contents of the DoS for the period of the vessel-to-vessel 
activity. Upon the vessel-to-vessel activity and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective Masters, VSOs, or designated representatives must sign the 
written DoS.
    (c) At MARSEC Levels 2 and 3, the Master, VSO, or designated 
representative of any manned vessel required to comply with this part 
must coordinate security needs and procedures, and agree upon the 
contents of the DoS for the period of the vessel-to-vessel activity. 
Upon the vessel-to-vessel activity and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective Masters, VSOs, or designated representatives must sign the 
written DoS.
    (d) At MARSEC Levels 2 and 3, the Master, VSO, or designated 
representative of any manned vessel required to comply with this part 
must coordinate security needs and procedures, and agree upon the 
contents of the DoS for the period the vessel is at the facility. Upon 
the vessel's arrival to a facility and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective FSO and Master, VSO, or designated representatives must sign 
the written DoS.
    (e) At MARSEC Levels 1 and 2, VSOs of vessels that frequently 
interface with the same facility may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for the specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond the level contained in 
the DoS, the continuing DoS becomes void and a new DoS must be signed 
and implemented in accordance with this section.
    (g) The COTP may require at any time, at any MARSEC Level, any 
manned vessel subject to this part to implement a DoS with the VSO or 
FSO prior to any vessel-to-vessel activity or vessel-to-facility 
interface when he or she deems it necessary.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.260  Sec. rity systems and equipment maintenance.

    (a) Sec. rity systems and equipment must be in good working order and 
inspected, tested, calibrated and maintained according to the 
manufacturer's recommendation.
    (b) The results of testing completed under paragraph (a) of this 
section shall be recorded in accordance with Sec. 104.235. Any 
deficiencies shall be promptly corrected.
    (c) The Vessel Sec. rity Plan (VSP) must include procedures for 
identifying

[[Page 355]]

and responding to security system and equipment failures or 
malfunctions.



Sec. 104.265  Sec. rity measures for access control.

    (a) General. The vessel owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, facilities, or ports;
    (2) Sec. re dangerous substances and devices that are authorized by 
the owner or operator to be on board;
    (3) Control access to the vessel; and
    (4) Prevent an unescorted individual from entering an area of the 
vessel that is designated as a secure area unless the individual holds a 
duly issued TWIC and is authorized to be in the area.
    (b) The vessel owner or operator must ensure that the following are 
specified:
    (1) The locations providing means of access to the vessel where 
access restrictions or prohibitions are applied for each Maritime 
Sec. rity (MARSEC) Level, including those points where TWIC access 
control provisions will be applied. ``Means of access'' include, but are 
not limited, to all:
    (i) Access ladders;
    (ii) Access gangways;
    (iii) Access ramps;
    (iv) Access doors, side scuttles, windows, and ports;
    (v) Mooring lines and anchor chains; and
    (vi) Cranes and hoisting gear;
    (2) The identification of the types of restriction or prohibition to 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC and procedures for escorting, in accordance with 
Sec. 101.515 of this subchapter; and
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level.
    (c) The vessel owner or operator must ensure that a TWIC program is 
implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance with Sec. 101.514 of this subchapter. Inspection 
must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.
    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the vessel and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than seven consecutive calendar days provided that:
    (i) The individual has reported the TWIC as lost, damaged, or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec. 101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (2) of this section, he or she may not 
be granted unescorted access to the secure area. The individual must be 
under escort, as that term is defined in part 101 of this subchapter, at 
all times when inside a secure area.
    (4) With the exception of persons granted access according to 
paragraph (2) of this section, all persons granted unescorted access to 
secure areas of the vessel must be able to produce his or her TWIC upon 
request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The vessel's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
facilities or other transportation conveyances that interface with the 
vessel.
    (d) If the vessel owner or operator uses a separate identification 
system,

[[Page 356]]

ensure that it complies and is coordinated with TWIC provisions in this 
part.
    (e) The vessel owner or operator must establish in the approved VSP 
the frequency of application of any security measures for access 
control, particularly if these security measures are applied on a random 
or occasional basis.
    (f) MARSEC Level 1. The vessel owner or operator must ensure 
security measures in this paragraph are implemented to:
    (1) Employ TWIC as set out in paragraph (c) of this section.
    (2) Screen persons, baggage (including carry-on items), personal 
effects, and vehicles for dangerous substances and devices at the rate 
specified in the approved VSP, except for government-owned vehicles on 
official business when government personnel present identification 
credentials for entry;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly state that:
    (i) Boarding the vessel is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to board;
    (4) Check the identification of any person not holding a TWIC and 
seeking to board the vessel, including vessel passengers, vendors, 
personnel duly authorized by the cognizant government authorities, and 
visitors. This check includes confirming the reason for boarding by 
examining at least one of the following:
    (i) Joining instructions;
    (ii) Passenger tickets;
    (iii) Boarding passes;
    (iv) Work orders, pilot orders, or surveyor orders;
    (v) Government identification; or
    (vi) Visitor badges issued in accordance with an identification 
system implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on board if the 
person is unable or unwilling, upon the request of vessel personnel or a 
law enforcement officer, to establish his or her identity in accordance 
with this part or to account for his or her presence on board. Any such 
incident must be reported in compliance with this part;
    (6) Deter unauthorized access to the vessel;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces that 
adjoin areas to which passengers and visitors have access;
    (9) Provide a designated area on board, within the secure area, or 
in liaison with a facility, for conducting inspections and screening of 
people, baggage (including carry-on items), personal effects, vehicles 
and the vehicle's contents;
    (10) Ensure vessel personnel are not subjected to screening, of the 
person or of personal effects, by other vessel personnel, unless 
security clearly requires it;
    (11) Conduct screening in a way that takes into full account 
individual human rights and preserves the individual's basic human 
dignity;
    (12) Ensure the screening of all unaccompanied baggage;
    (13) Ensure checked persons and their personal effects are 
segregated from unchecked persons and their personal effects;
    (14) Ensure embarking passengers are segregated from disembarking 
passengers;
    (15) Ensure, in liaison with the facility, a defined percentage of 
vehicles to be loaded aboard passenger vessels are screened prior to 
loading at the rate specified in the approved VSP;
    (16) Ensure, in liaison with the facility, all unaccompanied 
vehicles to be loaded on passenger vessels are screened prior to 
loading; and
    (17) Respond to the presence of unauthorized persons on board, 
including repelling unauthorized boarders.
    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:

[[Page 357]]

    (1) Increasing the frequency and detail of screening of people, 
personal effects, and vehicles being embarked or loaded onto the vessel 
as specified for MARSEC Level 2 in the approved VSP, except for 
government-owned vehicles on official business when government personnel 
present identification credentials for entry;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to patrol deck areas during 
periods of reduced vessel operations to deter unauthorized access;
    (4) Limiting the number of access points to the vessel by closing 
and securing some access points;
    (5) Denying access to visitors who do not have a verified 
destination;
    (6) Deterring waterside access to the vessel, which may include, in 
liaison with the facility, providing boat patrols; and
    (7) Establishing a restricted area on the shore side of the vessel, 
in close cooperation with the facility.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, the vessel owner or operator must 
ensure the implementation of additional security measures, as specified 
for MARSEC Level 3 in the approved VSP. The additional security measures 
may include:
    (1) Screening all persons, baggage, and personal effects for 
dangerous substances and devices;
    (2) Performing one or more of the following on unaccompanied 
baggage:
    (i) Screen unaccompanied baggage more extensively, for example, x-
raying from two or more angles;
    (ii) Prepare to restrict or suspend handling unaccompanied baggage; 
or
    (iii) Refuse to accept unaccompanied baggage on board;
    (3) Being prepared to cooperate with responders and facilities;
    (4) Limiting access to the vessel to a single, controlled access 
point;
    (5) Granting access to only those responding to the security 
incident or threat thereof;
    (6) Suspending embarkation and/or disembarkation of personnel;
    (7) Suspending cargo operations;
    (8) Evacuating the vessel;
    (9) Moving the vessel; or
    (10) Preparing for a full or partial search of the vessel.

[USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.267  Sec. rity measures for newly hired employees.

    (a) Newly-hired vessel employees may be granted entry to secure 
areas of the vessel for up to 30 consecutive calendar days prior to 
receiving their TWIC provided all of the requirements in paragraph (b) 
of this section are met, and provided that the new hire is accompanied 
by an individual with a TWIC while within the secure areas of the 
vessel. If TSA does not act upon a TWIC application within 30 days, the 
cognizant Coast Guard COTP may further extend access to secure areas for 
another 30 days. The Coast Guard will determine whether, in particular 
circumstances, certain practices meet the condition of a new hire being 
accompanied by another individual with a TWIC. The Coast Guard will 
issue guidance for use in making these determinations.
    (b) Newly-hired vessel employees may be granted the access provided 
for in paragraph (a) of this section only if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The 
vessel owner or operator or Vessel Sec. rity Officer (VSO) must have the 
new hire sign a statement affirming this, and must retain the signed 
statement until the new hire receives a TWIC;
    (2) The vessel owner or operator or the VSO enters the following 
information on the new hire into the Coast Guard's Homeport website 
(http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment;
    (3) The new hire presents an identification credential that meets 
the requirements of Sec. 101.515 of this subchapter;

[[Page 358]]

    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the 
vessel owner or operator or VSO have not been informed by the cognizant 
COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to vessel operations if the new 
hire is not allowed access.
    (c) This section does not apply to any individual being hired as a 
Company Sec. rity Officer (CSO) or VSO, or any individual being hired to 
perform vessel security duties.
    (d) The new hire may not begin working on board the vessel under the 
provisions of this section until the owner, operator, or VSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3581, Jan. 25, 2007]



Sec. 104.270  Sec. rity measures for restricted areas.

    (a) General. The vessel owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be on board;
    (3) Protect the vessel;
    (4) Protect sensitive security areas within the vessel;
    (5) Protect security and surveillance equipment and systems; and
    (6) Protect cargo and vessel stores from tampering.
    (b) Designation of Restricted Areas. The vessel owner or operator 
must ensure restricted areas are designated on board the vessel, as 
specified in the approved plan. Restricted areas must include, as 
appropriate:
    (1) Navigation bridge, machinery spaces and other control stations;
    (2) Spaces containing security and surveillance equipment and 
systems and their controls and lighting system controls;
    (3) Ventilation and air-conditioning systems and other similar 
spaces;
    (4) Spaces with access to potable water tanks, pumps, or manifolds;
    (5) Spaces containing dangerous goods or hazardous substances;
    (6) Spaces containing cargo pumps and their controls;
    (7) Cargo spaces and spaces containing vessel stores;
    (8) Crew accommodations; and
    (9) Any other spaces or areas vital to the security of the vessel.
    (c) The vessel owner or operator must ensure that security measures 
and policies are established to:
    (1) Identify which vessel personnel are authorized to have access;
    (2) Determine which persons other than vessel personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area;
    (5) Define the times when access restrictions apply; and
    (6) Clearly mark all restricted areas and indicate that access to 
the area is restricted and that unauthorized presence within the area 
constitutes a breach of security.
    (d) Maritime Sec. rity (MARSEC) Level 1. The vessel owner or operator 
must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Locking or securing access points;
    (2) Monitoring and using surveillance equipment;
    (3) Using guards or patrols; and
    (4) Using automatic intrusion detection devices, which if used must 
activate an audible and/or visual alarm at a location that is 
continuously attended or monitored, to alert vessel personnel to 
unauthorized access.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and intensity of monitoring and access 
controls on existing restricted access areas;
    (2) Restricting access to areas adjacent to access points;

[[Page 359]]

    (3) Providing continuous monitoring of each area, using surveillance 
equipment; and
    (4) Dedicating additional personnel to guard or patrol each area.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved VSP. These 
additional security measures may include:
    (1) Restricting access to additional areas; and
    (2) Searching restricted areas as part of a security sweep of the 
vessel.



Sec. 104.275  Sec. rity measures for handling cargo.

    (a) General. The vessel owner or operator must ensure that security 
measures relating to cargo handling, some of which may have to be 
applied in liaison with the facility or another vessel, are specified in 
order to:
    (1) Deter tampering;
    (2) Prevent cargo that is not meant for carriage from being accepted 
and stored on board the vessel;
    (3) Identify cargo that is approved for loading onto the vessel;
    (4) Include inventory control procedures at access points to the 
vessel; and
    (5) When there are regular or repeated cargo operations with the 
same shipper, coordinate security measures with the shipper or other 
responsible party in accordance with an established agreement and 
procedures.
    (b) Maritime Sec. rity (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of measures to:
    (1) Unless unsafe to do so, routinely check cargo and cargo spaces 
prior to and during cargo handling for evidence of tampering;
    (2) Check that cargo to be loaded matches the cargo documentation, 
or that cargo markings or container numbers match the information 
provided with shipping documents;
    (3) Ensure, in liaison with the facility, that vehicles to be loaded 
on board car carriers, RO-RO, and passenger ships are subjected to 
screening prior to loading, in accordance with the frequency required in 
the VSP; and
    (4) Check, in liaison with the facility, seals or other methods used 
to prevent tampering.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved Vessel 
Sec. rity Plan (VSP). These additional security measures may include:
    (1) Increasing the frequency and detail of checking cargo and cargo 
spaces for evidence of tampering;
    (2) Intensifying checks to ensure that only the intended cargo, 
container, or other cargo transport units are loaded;
    (3) Intensifying screening of vehicles to be loaded on car-carriers, 
RO-RO, and passenger vessels;
    (4) In liaison with the facility, increasing frequency and detail in 
checking seals or other methods used to prevent tampering;
    (5) Increasing the frequency and intensity of visual and physical 
inspections; or
    (6) Coordinating enhanced security measures with the shipper or 
other responsible party in accordance with an established agreement and 
procedures.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Suspending loading or unloading of cargo;
    (2) Being prepared to cooperate with responders, facilities, and 
other vessels; or
    (3) Verifying the inventory and location of any hazardous materials 
carried on board.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]

[[Page 360]]



Sec. 104.280  Sec. rity measures for delivery of vessel stores and bunkers.

    (a) General. The vessel owner or operator must ensure that security 
measures relating to the delivery of vessel stores and bunkers are 
implemented to:
    (1) Check vessel stores for package integrity;
    (2) Prevent vessel stores from being accepted without inspection;
    (3) Deter tampering; and
    (4) Prevent vessel stores and bunkers from being accepted unless 
ordered. For vessels that routinely use a facility, a vessel owner or 
operator may establish and implement standing arrangements between the 
vessel, its suppliers, and a facility regarding notification and the 
timing of deliveries and their documentation.
    (b) Maritime Sec. rity (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of measures to:
    (1) Check vessel stores before being accepted;
    (2) Check that vessel stores and bunkers match the order prior to 
being brought on board or being bunkered; and
    (3) Ensure that vessel stores are controlled or immediately and 
securely stowed following delivery.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved Vessel 
Sec. rity Plan (VSP). These additional security measures may include:
    (1) Intensifying inspection of the vessel stores during delivery; or
    (2) Checking vessel stores prior to receiving them on board.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Checking all vessel stores more extensively;
    (2) Restricting or suspending delivery of vessel stores and bunkers; 
or
    (3) Refusing to accept vessel stores on board.



Sec. 104.285  Sec. rity measures for monitoring.

    (a) General. (1) The vessel owner or operator must ensure the 
implementation of security measures and have the capability to 
continuously monitor, through a combination of lighting, watchkeepers, 
security guards, deck watches, waterborne patrols, automatic intrusion-
detection devices, or surveillance equipment, as specified in their 
approved Vessel Sec. rity Plan (VSP), the--
    (i) Vessel;
    (ii) Restricted areas on board the vessel; and
    (iii) Area surrounding the vessel.
    (2) The following must be considered when establishing the 
appropriate level and location of lighting:
    (i) Vessel personnel should be able to detect activities on and 
around the vessel, on both the shore side and the waterside;
    (ii) Coverage should facilitate personnel identification at access 
points;
    (iii) Coverage may be provided through coordination with the port or 
facility; and
    (iv) Lighting effects, such as glare, and its impact on safety, 
navigation, and other security activities.
    (b) Maritime Sec. rity (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of security 
measures, which may be done in coordination with a facility, to:
    (1) Monitor the vessel, particularly vessel access points and 
restricted areas;
    (2) Be able to conduct emergency searches of the vessel;
    (3) Ensure that equipment or system failures or malfunctions are 
identified and corrected;
    (4) Ensure that any automatic intrusion detection device sets off an 
audible or visual alarm, or both, at a location that is continuously 
attended or monitored;
    (5) Light deck and vessel access points during the period between 
sunset and sunrise and periods of limited

[[Page 361]]

visibility sufficiently to allow visual identification of persons 
seeking access to the vessel; and
    (6) Use maximum available lighting while underway, during the period 
between sunset and sunrise, consistent with safety and international 
regulations.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of security patrols;
    (2) Increasing the coverage and intensity of lighting, alone or in 
coordination with the facility;
    (3) Using or increasing the use of security and surveillance 
equipment;
    (4) Assigning additional personnel as security lookouts;
    (5) Coordinating with boat patrols, when provided; and
    (6) Coordinating with shoreside foot or vehicle patrols, when 
provided.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Cooperating with responders and facilities;
    (2) Switching on all lights;
    (3) Illuminating the vicinity of the vessel;
    (4) Switching on all surveillance equipment capable of recording 
activities on, or in the vicinity of, the vessel;
    (5) Maximizing the length of time such surveillance equipment can 
continue to record;
    (6) Preparing for underwater inspection of the hull; and
    (7) Initiating measures, including the slow revolution of the 
vessel's propellers, if practicable, to deter underwater access to the 
hull of the vessel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.290  Sec. rity incident procedures.

    For each Maritime Sec. rity (MARSEC) Level, the vessel owner or 
operator must ensure the Vessel Sec. rity Officer (VSO) and vessel 
security personnel are able to:
    (a) Respond to security threats or breaches of security and maintain 
critical vessel and vessel-to-facility interface operations, to include:
    (1) Prohibiting entry into affected area;
    (2) Denying access to the vessel, except to those responding to the 
emergency;
    (3) Implementing MARSEC Level 3 security measures throughout the 
vessel;
    (4) Stopping cargo-handling operations; and
    (5) Notifying shoreside authorities or other vessels of the 
emergency;
    (b) Evacuating the vessel in case of security threats or breaches of 
security;
    (c) Reporting security incidents as required in Sec. 101.305;
    (d) Briefing all vessel personnel on possible threats and the need 
for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and
    (e) Sec. ring non-critical operations in order to focus response on 
critical operations.



Sec. 104.292  Additional requirements--passenger vessels and ferries.

    (a) At all Maritime Sec. rity (MARSEC) Levels, the vessel owner or 
operator must ensure security sweeps are performed, prior to getting 
underway, after any period the vessel was unattended.
    (b) As an alternative to the identification checks and passenger 
screening requirements in Sec. 104.265 (e)(1), (e)(3), and (e)(8), the 
owner or operator of a passenger vessel or ferry may ensure security 
measures are implemented that include:
    (1) Searching selected areas prior to embarking passengers and prior 
to sailing; and
    (2) Implementing one or more of the following:
    (i) Performing routine security patrols;

[[Page 362]]

    (ii) Providing additional closed-circuit television to monitor 
passenger areas; or
    (iii) Sec. ring all non-passenger areas.
    (c) Passenger vessels certificated to carry more than 2000 
passengers, working in coordination with the terminal, may be subject to 
additional vehicle screening requirements in accordance with a MARSEC 
Directive or other orders issued by the Coast Guard.
    (d) Owners and operators of passenger vessels and ferries covered by 
this part that use public access facilities, as that term is defined in 
Sec. 101.105 of this subchapter, must address security measures for the 
interface of the vessel and the public access facility, in accordance 
with the appropriate Area Maritime Sec. rity Plan.
    (e) At MARSEC Level 2, a vessel owner or operator must ensure, in 
addition to MARSEC Level 1 measures, the implementation of the 
following:
    (1) Search selected areas prior to embarking passengers and prior to 
sailing;
    (2) Passenger vessels certificated to carry less than 2000 
passengers, working in coordination with the terminal, may be subject to 
additional vehicle screening requirements in accordance with a MARSEC 
Directive or other orders issued by the Coast Guard; and
    (3) As an alternative to the identification and screening 
requirements in Sec. 104.265(e)(3) and (f)(1), intensify patrols, 
security sweeps and monitoring identified in paragraph (b) of this 
section.
    (f) At MARSEC Level 3, a vessel owner or operator may, in addition 
to MARSEC Levels 1 and 2 measures, as an alternative to the 
identification checks and passenger screening requirements in Sec. 
104.265(e)(3) and Sec. 104.265(g)(1), ensure that random armed security 
patrols are conducted, which need not consist of vessel personnel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.295  Additional requirements--cruise ships.

    (a) At all MARSEC Levels, the owner or operator of a cruise ship 
must ensure the following:
    (1) Screen all persons, baggage, and personal effects for dangerous 
substances and devices;
    (2) Check the identification of all persons seeking to board the 
vessel; this check includes confirming the reason for boarding by 
examining joining instructions, passenger tickets, boarding passes, 
government identification or visitor badges, or work orders;
    (3) Perform security patrols; and
    (4) Search selected areas prior to embarking passengers and prior to 
sailing.
    (b) At MARSEC Level 3, the owner or operator of a cruise ship must 
ensure that security briefs to passengers about the specific threat are 
provided.



Sec. 104.297  Additional requirements--vessels on international voyages.

    (a) An owner or operator of a U.S. flag vessel, which is subject to 
the International Convention for Safety of Life at Sea, 1974, (SOLAS), 
must be in compliance with the applicable requirements of SOLAS Chapter 
XI-1, SOLAS Chapter XI-2 and the ISPS Code, part A (Incorporated by 
reference, see Sec. 101.115 of this subchapter).
    (b) Owners or operators of U.S. flag vessels that are required to 
comply with SOLAS, must ensure an International Ship Sec. rity 
Certificate (ISSC) as provided in 46 CFR Sec. 2.01-25 is obtained for 
the vessel. This certificate must be issued by the Coast Guard.
    (c) Owners or operators of vessels that require an ISSC in paragraph 
(b) of this section must request an inspection in writing, at least 30 
days prior to the desired inspection date to the Officer in Charge, 
Marine Inspection for the Marine Inspection Office or Marine Safety 
Office of the port where the vessel will be inspected to verify 
compliance with this part and applicable SOLAS requirements. The 
inspection must be completed and the initial ISSC must be issued on or 
before July 1, 2004.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



               Subpart C_Vessel Sec. rity Assessment (VSA)



Sec. 104.300  General.

    (a) The Vessel Sec. rity Assessment (VSA) is a written document that 
is

[[Page 363]]

based on the collection of background information and the completion and 
analysis of an on-scene survey.
    (b) A single VSA may be performed and applied to more than one 
vessel to the extent that they share physical characteristics and 
operations.
    (c) Third parties may be used in any aspect of the VSA if they have 
the appropriate skills and if the Company Sec. rity Officer (CSO) reviews 
and accepts their work.
    (d) Those involved in a VSA should be able to draw upon expert 
assistance in the following areas:
    (1) Knowledge of current security threats and patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on vessel structures 
and equipment;
    (7) Vessel security requirements;
    (8) Vessel-to-vessel activity and vessel-to-facility interface 
business practices;
    (9) Contingency planning, emergency preparedness and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine engineering; and
    (13) Vessel and port operations.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



Sec. 104.305  Vessel Sec. rity Assessment (VSA) requirements.

    (a) Background. The vessel owner or operator must ensure that the 
following background information is provided to the person or persons 
who will conduct the on-scene survey and assessment:
    (1) General layout of the vessel, including the location of:
    (i) Each actual or potential point of access to the vessel and its 
function;
    (ii) Spaces that should have restricted access;
    (iii) Essential maintenance equipment;
    (iv) Cargo spaces and storage;
    (v) Storage of unaccompanied baggage; and
    (vi) Vessel stores;
    (2) Threat assessments, including the purpose and methodology of the 
assessment, for the area or areas in which the vessel operates or at 
which passengers embark or disembark;
    (3) The previous VSA, if any;
    (4) Emergency and stand-by equipment available to maintain essential 
services;
    (5) Number of vessel personnel and any existing security duties to 
which they are assigned;
    (6) Existing personnel training requirement practices of the vessel;
    (7) Existing security and safety equipment for the protection of 
personnel, visitors, passengers, and vessels personnel;
    (8) Escape and evacuation routes and assembly stations that have to 
be maintained to ensure the orderly and safe emergency evacuation of the 
vessel;
    (9) Existing agreements with private security companies providing 
waterside or vessel security services; and
    (10) Existing security measures and procedures, including:
    (i) Inspection and control procedures;
    (ii) Identification systems;
    (iii) Surveillance and monitoring equipment;
    (iv) Personnel identification documents;
    (v) Communication systems;
    (vi) Alarms;
    (vii) Lighting;
    (viii) Access control systems; and
    (ix) Other security systems.
    (b) On-scene survey. The vessel owner or operator must ensure that 
an on-scene survey of each vessel is conducted. The on-scene survey is 
to verify or collect information required in paragraph (a) of this 
section. It consists of an actual survey that examines and evaluates 
existing vessel protective measures, procedures, and operations for:
    (1) Ensuring performance of all security duties;

[[Page 364]]

    (2) Controlling access to the vessel, through the use of 
identification systems or otherwise;
    (3) Controlling the embarkation of vessel personnel and other 
persons and their effects, including personal effects and baggage 
whether accompanied or unaccompanied;
    (4) Supervising the handling of cargo and the delivery of vessel 
stores;
    (5) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (6) Monitoring deck areas and areas surrounding the vessel; and
    (7) The ready availability of security communications, information, 
and equipment.
    (c) Analysis and recommendations. In conducting the VSA, the Company 
Sec. rity Officer (CSO) must analyze the vessel background information 
and the on-scene survey, and while considering the requirements of this 
part, provide recommendations for the security measures the vessel 
should include in the Vessel Sec. rity Plan (VSP). This includes but is 
not limited to the following:
    (1) Restricted areas;
    (2) Response procedures for fire or other emergency conditions;
    (3) Sec. rity supervision of vessel personnel, passengers, visitors, 
vendors, repair technicians, dock workers, etc.;
    (4) Frequency and effectiveness of security patrols;
    (5) Access control systems, including identification systems;
    (6) Sec. rity communication systems and procedures;
    (7) Sec. rity doors, barriers, and lighting;
    (8) Any security and surveillance equipment and systems;
    (9) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the vessel or an interfacing 
facility or vessel by dangerous substances and devices, arson, sabotage, 
or vandalism;
    (ii) Hijacking or seizure of the vessel or of persons on board;
    (iii) Tampering with cargo, essential vessel equipment or systems, 
or vessel stores;
    (iv) Unauthorized access or use, including presence of stowaways;
    (v) Smuggling dangerous substances and devices;
    (vi) Use of the vessel to carry those intending to cause a security 
incident and/or their equipment;
    (vii) Use of the vessel itself as a weapon or as a means to cause 
damage or destruction;
    (viii) Attacks from seaward while at berth or at anchor; and
    (ix) Attacks while at sea; and
    (10) Evaluating the potential of each identified point of access, 
including open weather decks, for use by individuals who might seek to 
breach security, whether or not those individuals legitimately have 
access to the vessel.
    (d) VSA report. (1) The vessel owner or operator must ensure that a 
written VSA report is prepared and included as part of the VSP. The VSA 
report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) Existing security measures, procedures, and operations;
    (iii) A description of each vulnerability found during the 
assessment;
    (iv) A description of security countermeasures that could be used to 
address each vulnerability;
    (v) A list of the key vessel operations that are important to 
protect;
    (vi) The likelihood of possible threats to key vessel operations; 
and
    (vii) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the vessel.
    (2) The VSA report must address the following elements on board or 
within the vessel:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks; and
    (vi) Other areas that may, if damaged or used illicitly, pose a risk 
to people, property, or operations on board the vessel or within a 
facility.
    (3) The VSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) Vessel personnel;

[[Page 365]]

    (ii) Passengers, visitors, vendors, repair technicians, facility 
personnel, etc.;
    (iii) Capacity to maintain safe navigation and emergency response;
    (iv) Cargo, particularly dangerous goods and hazardous substances;
    (v) Vessel stores;
    (vi) Any vessel security communication and surveillance systems; and
    (vii) Any other vessel security systems, if any.
    (4) The VSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between vessel duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
vessel personnel alertness and performance;
    (iv) Sec. rity training deficiencies; and
    (v) Sec. rity equipment and systems, including communication systems.
    (5) The VSA report must discuss and evaluate key vessel measures and 
operations, including:
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the vessel, through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and other 
persons and their effects (including personal effects and baggage 
whether accompanied or unaccompanied);
    (iv) Supervising the handling of cargo and the delivery of vessel 
stores;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring deck areas and areas surrounding the vessel; and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The VSA must be documented and the VSA report retained by the 
vessel owner or operator with the VSP. The VSA, the VSA report, and VSP 
must be protected from unauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



Sec. Sec. 104.310  Submission requirements.

    (a) A completed Vessel Sec. rity Assessment (VSA) report must be 
submitted with the Vessel Sec. rity Plan (VSP) required in Sec. 104.410 
of this part.
    (b) A vessel owner or operator may generate and submit a report that 
contains the VSA for more than one vessel subject to this part, to the 
extent that they share similarities in physical characteristics and 
operations.
    (c) The VSA must be reviewed and revalidated, and the VSA report 
must be updated, each time the VSP is submitted for reapproval or 
revisions.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



                  Subpart D_Vessel Sec. rity Plan (VSP)



Sec. 104.400  General.

    (a) The Company Sec. rity Officer (CSO) must ensure a Vessel Sec. rity 
Plan (VSP) is developed and implemented for each vessel. The VSP:
    (1) Must identify the CSO and VSO by name or position and provide 
24-hour contact information;
    (2) Must be written in English, although a translation of the VSP in 
the working language of vessel personnel may also be developed;
    (3) Must address each vulnerability identified in the Vessel 
Sec. rity Assessment (VSA);
    (4) Must describe security measures for each MARSEC Level;
    (5) Must state the Master's authority as described in Sec. 104.205; 
and
    (6) May cover more than one vessel to the extent that they share 
similarities in physical characteristics and operations, if authorized 
and approved by the Commanding Officer, Marine Safety Center.
    (b) The VSP must be submitted to the Commanding Officer (MSC), USCG 
Marine Safety Center, 1900 Half Street, SW., Suite 1000, Room 525, 
Washington, DC 20024 for visitors. Send all mail to Commanding Officer 
(MSC), United States Coast Guard, JR10-0525, 2100 2nd Street, SW., 
Washington, DC 20593, in a written or electronic format. Information for 
submitting the VSP electronically can be found at http://

[[Page 366]]

www.uscg.mil/HQ/MSC. Owners or operators of foreign flag vessels that 
are subject to SOLAS Chapter XI-1 or Chapter XI-2 must comply with this 
part by carrying on board a valid International Ship Sec. rity 
Certificate that certifies that the verifications required by Sec. ion 
19.1 of part A of the ISPS Code (Incorporated by reference, see Sec. 
101.115 of this subchapter) have been completed. As stated in Sec. ion 
9.4 of the ISPS Code, part A requires that, in order for the ISSC to be 
issued, the provisions of part B of the ISPS Code need to be taken into 
account.
    (c) The VSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the VSP is kept in an electronic format, procedures must be 
in place to prevent its unauthorized deletion, destruction, or 
amendment.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2007-
26953, 72 FR 5931, Feb. 8, 2007]



Sec. 104.405  Format of the Vessel Sec. rity Plan (VSP).

    (a) A vessel owner or operator must ensure that the VSP consists of 
the individual sections listed in this paragraph (a). If the VSP does 
not follow the order as it appears in the list, the vessel owner or 
operator must ensure that the VSP contains an index identifying the 
location of each of the following sections:
    (1) Sec. rity organization of the vessel;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with facilities and other vessels;
    (7) Declarations of Sec. rity (DoS);
    (8) Communications;
    (9) Sec. rity systems and equipment maintenance;
    (10) Sec. rity measures for access control, including designated 
passenger access areas and employee access areas;
    (11) Sec. rity measures for restricted areas;
    (12) Sec. rity measures for handling cargo;
    (13) Sec. rity measures for delivery of vessel stores and bunkers;
    (14) Sec. rity measures for monitoring;
    (15) Sec. rity incident procedures;
    (16) Audits and Vessel Sec. rity Plan (VSP) amendments; and
    (17) Vessel Sec. rity Assessment (VSA) Report.
    (b) The VSP must describe in detail how the requirements of subpart 
B of this part will be met. VSPs that have been approved by the Coast 
Guard prior to March 26, 2007, do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the VSP.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3582, Jan. 25, 2007]



Sec. 104.410  Submission and approval.

    (a) In accordance with Sec. 104.115, on or before December 31, 
2003, each vessel owner or operator must either:
    (1) Submit one copy of their Vessel Sec. rity Plan (VSP), in English, 
for review and approval to the Commanding Officer, Marine Safety Center 
(MSC) and a letter certifying that the VSP meets applicable requirements 
of this part; or
    (2) If intending to operate under an Approved Sec. rity Program, a 
letter signed by the vessel owner or operator stating which approved 
Alternative Sec. rity Program the owner or operator intends to use.
    (b) Owners or operators of vessels not in service on or before 
December 31, 2003, must comply with the requirements in paragraph (a) of 
this section 60 days prior to beginning operations or by December 31, 
2003, whichever is later.
    (c) The Commanding Officer, Marine Safety Center (MSC), will examine 
each submission for compliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.

[[Page 367]]

    (d) A VSP may be submitted and approved to cover more than one 
vessel where the vessel design and operations are similar.
    (e) Each company or vessel, owner or operator, that submits one VSP 
to cover two or more vessels of similar design and operation must 
address vessel-specific information that includes the physical and 
operational characteristics of each vessel.
    (f) A plan that is approved by the MSC is valid for 5 years from the 
date of its approval.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005]



Sec. 104.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Vessel Sec. rity Plan that are 
approved by the Marine Safety Center (MSC) may be initiated by:
    (i) The vessel owner or operator; or
    (ii) The Coast Guard upon a determination that an amendment is 
needed to maintain the vessel's security. The Coast Guard will give the 
vessel owner or operator written notice and request that the vessel 
owner or operator propose amendments addressing any matters specified in 
the notice. The company owner or operator will have at least 60 days to 
submit its proposed amendments. Until amendments are approved, the 
company owner or operator shall ensure temporary security measures are 
implemented to the satisfaction of the Coast Guard.
    (2) Proposed amendments must be sent to the MSC at the address shown 
in Sec. 104.400(b) of this part. If initiated by the company or vessel, 
owner or operator, the proposed amendment must be submitted at least 30 
days before the amendment is to take effect unless the MSC allows a 
shorter period. The MSC will approve or disapprove the proposed 
amendment in accordance with Sec. 104.410 of this part.
    (3) Nothing in this section should be construed as limiting the 
vessel owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved VSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the MSC by the most rapid means 
practicable as to the nature of the additional measures, the 
circumstances that prompted these additional measures, and the period of 
time these additional measures are expected to be in place.
    (4) If the owner or operator has changed, the Vessel Sec. rity 
Officer (VSO) must amend the Vessel Sec. rity Plan (VSP) to include the 
name and contact information of the new vessel owner or operator and 
submit the affected portion of the VSP for review and approval in 
accordance with Sec. 104.410 of this part.
    (b) Audits. (1) The CSO or VSO must ensure an audit of the VSP is 
performed annually, beginning no later than one year from the initial 
date of approval and attach a letter to the VSP certifying that the VSP 
meets the applicable requirements of this part.
    (2) The VSP must be audited if there is a change in the company's or 
vessel's ownership or operator, or if there have been modifications to 
the vessel, including but not limited to physical structure, emergency 
response procedures, security measures, or operations.
    (3) Auditing the VSP as a result of modifications to the vessel may 
be limited to those sections of the VSP affected by the vessel 
modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the vessel, personnel conducting internal audits of the security 
measures specified in the VSP or evaluating its implementation must:
    (i) Have knowledge of methods of conducting audits and inspections, 
and control and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require amendment of either the VSA 
or VSP, the VSO or CSO must submit, in accordance with Sec. 104.410 of 
this part, the amendments to the MSC for review and approval no later 
than 30 days after completion of the audit and a letter certifying that 
the amended VSP

[[Page 368]]

meets the applicable requirements of this part.

[USCG-2003-14749, 68 FR 39302, July 1, 2003; 68 FR 41915, July 16, 2003, 
as amended at 68 FR 60515, Oct. 22, 2003]



PART 105_MARITIME SECURITY: FACILITIES--Table of Contents




                            Subpart A-General

Sec. 
105.100 Definitions.
105.105 Applicability.
105.106 Public access areas.
105.110 Exemptions.
105.115 Compliance dates.
105.120 Compliance documentation.
105.125 Noncompliance.
105.130 Waivers.
105.135 Equivalents.
105.140 Alternative Sec. rity Program.
105.145 Maritime Sec. rity (MARSEC) Directive.
105.150 Right to appeal.

                Subpart B_Facility Sec. rity Requirements

105.200 Owner or operator.
105.205 Facility Sec. rity Officer (FSO).
105.210 Facility personnel with security duties.
105.215 Sec. rity training for all other facility personnel.
105.220 Drill and exercise requirements.
105.225 Facility recordkeeping requirements.
105.230 Maritime Sec. rity (MARSEC) Level coordination and 
          implementation.
105.235 Communications.
105.240 Procedures for interfacing with vessels.
105.245 Declaration of Sec. rity (DoS).
105.250 Sec. rity systems and equipment maintenance.
105.255 Sec. rity measures for access control.
105.257 Sec. rity measures for newly-hired employees.
105.260 Sec. rity measures for restricted areas.
105.265 Sec. rity measures for handling cargo.
105.270 Sec. rity measures for delivery of vessel stores and bunkers.
105.275 Sec. rity measures for monitoring.
105.280 Sec. rity incident procedures.
105.285 Additional requirements--passenger and ferry facilities.
105.290 Additional requirements--cruise ship terminals.
105.295 Additional requirements--Certain Dangerous Cargo (CDC) 
          facilities.
105.296 Additional requirements--barge fleeting facilities.

              Subpart C_Facility Sec. rity Assessment (FSA)

105.300 General.
105.305 Facility Sec. rity Assessment (FSA) requirements.
105.310 Submission requirements.

                 Subpart D_Facility Sec. rity Plan (FSP)

105.400 General.
105.405 Format and content of the Facility Sec. rity Plan (FSP).
105.410 Submission and approval.
105.415 Amendment and audit.

Appendix A to Part 105--Facility Vulnerability and Sec. rity Measure 
          Summary (CG-6025).

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Sec. rity Delegation No. 0170.1.

    Source: USCG-2003-14732, 68 FR 39322, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 105.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec. 105.105  Applicability.

    (a) The requirements in this part apply to the owner or operator of 
any U.S.:
    (1) Facility subject to 33 CFR parts 126, 127, or 154;
    (2) Facility that receives vessels certificated to carry more than 
150 passengers, except those vessels not carrying and not embarking or 
disembarking passengers at the facility;
    (3) Facility that receives vessels subject to the International 
Convention for Safety of Life at Sea, 1974, chapter XI;
    (4) Facility that receives foreign cargo vessels greater than 100 
gross register tons;
    (5) Facility that receives U.S. cargo vessels, greater than 100 
gross register tons, subject to 46 CFR chapter I, subchapter I, except 
for those facilities that receive only commercial fishing vessels 
inspected under 46 CFR part 105; or
    (6) Barge fleeting facility that receives barges carrying, in bulk, 
cargoes

[[Page 369]]

regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous 
Cargoes.
    (b) An owner or operator of any facility not covered in paragraph 
(a) of this section is subject to parts 101 through 103 of this 
subchapter.
    (c) This part does not apply to the owner or operator of the 
following U.S. facilities:
    (1) A facility owned or operated by the U.S. that is used primarily 
for military purposes.
    (2) An oil and natural gas production, exploration, or development 
facility regulated by 33 CFR parts 126 or 154 if:
    (i) The facility is engaged solely in the exploration, development, 
or production of oil and natural gas; and
    (ii) The facility does not meet or exceed the operating conditions 
in Sec. 106.105 of this subchapter;
    (3) A facility that supports the production, exploration, or 
development of oil and natural gas regulated by 33 CFR parts 126 or 154 
if:
    (i) The facility is engaged solely in the support of exploration, 
development, or production of oil and natural gas and transports or 
stores quantities of hazardous materials that do not meet or exceed 
those specified in 49 CFR 172.800(b)(1) through (b)(6); or
    (ii) The facility stores less than 42,000 gallons of cargo regulated 
by 33 CFR part 154;
    (4) A mobile facility regulated by 33 CFR part 154; or
    (5) An isolated facility that receives materials regulated by 33 CFR 
parts 126 or 154 by vessel due to the lack of road access to the 
facility and does not distribute the material through secondary marine 
transfers.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.106  Public access areas.

    (a) A facility serving ferries or passenger vessels certificated to 
carry more than 150 passengers, other than cruise ships, may designate 
an area within the facility as a public access area.
    (b) A public access area is a defined space within a facility that 
is open to all persons and provides pedestrian access through the 
facility from public thoroughfares to the vessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003]



Sec. 105.110  Exemptions.

    (a) An owner or operator of any barge fleeting facility subject to 
this part is exempt from complying with Sec. 105.265, Sec. rity measures 
for handling cargo; and Sec. 105.270, Sec. rity measures for delivery of 
vessel stores and bunkers.
    (b) A public access area designated under Sec. 105.106 is exempt 
from the requirements for screening of persons, baggage, and personal 
effects and identification of persons in Sec. 105.255(c), (e)(1), 
(e)(3), (f)(1), and (g)(1) and Sec. 105.285(a)(1).
    (c) An owner or operator of any general shipyard facility as defined 
in Sec. 101.105 is exempt from the requirements of this part unless the 
facility:
    (1) Is subject to parts 126, 127, or 154 of this chapter; or
    (2) Provides any other service to vessels subject to part 104 of 
this subchapter not related to construction, repair, rehabilitation, 
refurbishment, or rebuilding.
    (d) Public access facility. (1) The COTP may exempt a public access 
facility from the requirements of this part, including establishing 
conditions for which such an exemption is granted, to ensure that 
adequate security is maintained.
    (2) The owner or operator of any public access facility exempted 
under this section must:
    (i) Comply with any COTP conditions for the exemption; and
    (ii) Ensure that the cognizant COTP has the appropriate information 
for contacting the individual with security responsibilities for the 
public access facility at all times.
    (3) The cognizant COTP may withdraw the exemption for a public 
access facility at any time the owner or operator fails to comply with 
any requirement of the COTP as a condition of the exemption or any 
measure ordered by the COTP pursuant to existing COTP authority.
    (e) An owner or operator of a facility is not subject to this part 
if the facility receives only vessels to be laid-up, dismantled, or 
otherwise placed out of

[[Page 370]]

commission provided that the vessels are not carrying and do not receive 
cargo or passengers at that facility.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003]



Sec. 105.115  Compliance dates.

    (a) On or before December 31, 2003, facility owners or operators 
must submit to the cognizant COTP for each facility--
    (1) The Facility Sec. rity Plan described in subpart D of this part 
for review and approval; or
    (2) If intending to operate under an approved Alternative Sec. rity 
Program, a letter signed by the facility owner or operator stating which 
approved Alternative Sec. rity Program the owner or operator intends to 
use.
    (b) On or before July 1, 2004, each facility owner or operator must 
be operating in compliance with this part.
    (c) Facility owners or operators wishing to designate only those 
portions of their facility that are directly connected to maritime 
transportation or are at risk of being involved in a transportation 
security incident as their secure area(s) must do so by submitting an 
amendment to their Facility Sec. rity Plan to their cognizant COTP, in 
accordance with Sec. 105.415 of this part, by July 25, 2007.
    (d) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordance 
with the TWIC provisions in this part by the date set by the Coast Guard 
in a Notice to be published in the Federal Register. This Notice will be 
published at least 90 days before compliance must begin, and will be 
directed to all facilities within a specific Captain of the Port zone, 
based on whether enrollment has been completed in that zone. Unless an 
earlier compliance date is specified in this manner, all facility owner 
or operators will need to implement their TWIC provisions no later than 
September 25, 2008.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-
24196, 72 FR 3582, Jan. 25, 2007]



Sec. 105.120  Compliance documentation.

    Each facility owner or operator subject to this part must ensure, on 
or before July 1, 2004, that copies of the following documentation are 
available at the facility and are made available to the Coast Guard upon 
request:
    (a) The approved Facility Sec. rity Plan (FSP), as well as any 
approved revisions or amendments thereto, and a letter of approval from 
the COTP dated within the last 5 years;
    (b) The FSP submitted for approval and an acknowledgement letter 
from the COTP stating that the Coast Guard is currently reviewing the 
FSP submitted for approval, and that the facility may continue to 
operate so long as the facility remains in compliance with the submitted 
FSP; or
    (c) For facilities operating under a Coast Guard-approved 
Alternative Sec. rity Program as provided in Sec. 105.140, a copy of the 
Alternative Sec. rity Program the facility is using, including a facility 
specific security assessment report generated under the Alternative 
Sec. rity Program, as specified in Sec. 101.120(b)(3) of this 
subchapter, and a letter signed by the facility owner or operator, 
stating which Alternative Sec. rity Program the facility is using and 
certifying that the facility is in full compliance with that program.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.125  Noncompliance.

    When a facility must temporarily deviate from the requirements of 
this part, the facility owner or operator must notify the cognizant 
COTP, and either suspend operations or request and receive permission 
from the COTP to continue operating.

[USCG-2003-14732, 68 FR 60541, Oct. 22, 2003]



Sec. 105.130  Waivers.

    Any facility owner or operator may apply for a waiver of any 
requirement of this part that the facility owner or

[[Page 371]]

operator considers unnecessary in light of the nature or operating 
conditions of the facility, prior to operating. A request for a waiver 
must be submitted in writing with justification to the Commandant (G-MP) 
at 2100 Sec. nd St., SW., Washington, DC 20593. The Commandant (G-MP) may 
require the facility owner or operator to provide data for use in 
determining the validity of the requested waiver. The Commandant (G-MP) 
may grant, in writing, a waiver with or without conditions only if the 
waiver will not reduce the overall security of the facility, its 
employees, visiting vessels, or ports.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003]



Sec. 105.135  Equivalents.

    For any measure required by this part, the facility owner or 
operator may propose an equivalent as provided in Sec. 101.130 of this 
subchapter.



Sec. 105.140  Alternative Sec. rity Program.

    (a) A facility owner or operator may use an Alternative Sec. rity 
Program approved under Sec. 101.120 of this subchapter if:
    (1) The Alternative Sec. rity Program is appropriate to that 
facility;
    (2) The Alternative Sec. rity Program is implemented in its entirety.
    (b) A facility owner or operator using an Alternative Sec. rity 
Program approved under Sec. 101.120 of this subchapter must complete 
and submit to the cognizant COTP a Facility Vulnerability and Sec. rity 
Measures Summary (Form CG-6025) in appendix A to part 105--Facility 
Vulnerability and Sec. rity (CG-6025).



Sec. 105.145  Maritime Sec. rity (MARSEC) Directive.

    Each facility owner or operator subject to this part must comply 
with any instructions contained in a MARSEC Directive issued under Sec. 
101.405 of this subchapter.



Sec. 105.150  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec. 101.420 of this subchapter.



                Subpart B_Facility Sec. rity Requirements



Sec. 105.200  Owner or operator.

    (a) Each facility owner or operator must ensure that the facility 
operates in compliance with the requirements of this part.
    (b) For each facility, the facility owner or operator must:
    (1) Define the security organizational structure and provide each 
person exercising security duties and responsibilities within that 
structure the support needed to fulfill those obligations;
    (2) Designate, in writing, by name or by title, a Facility Sec. rity 
Officer (FSO) and identify how the officer can be contacted at any time;
    (3) Ensure that a Facility Sec. rity Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of an FSP;
    (5) Ensure that the facility operates in compliance with the 
approved FSP;
    (6) Ensure that the TWIC program is properly implemented as set 
forth in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in the secure area in accordance with the FSP are 
permitted to escort;
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted; and
    (iii) Notifying facility employees, and passengers if applicable, of 
what parts of the facility are secure areas and public access areas, as 
applicable, and ensuring such areas are clearly marked.
    (7) Ensure that restricted areas are controlled and TWIC provisions 
are coordinated, if applied to such restricted areas;
    (8) Ensure that adequate coordination of security issues takes place 
between the facility and vessels that call on it, including the 
execution of a Declaration of Sec. rity (DoS) as required by this part;
    (9) Ensure coordination of shore leave for vessel personnel or crew 
change-out, as well as access through the facility for visitors to the 
vessel (including representatives of seafarers' welfare

[[Page 372]]

and labor organizations), with vessel operators in advance of a vessel's 
arrival. In coordinating such leave, facility owners or operators may 
refer to treaties of friendship, commerce, and navigation between the 
U.S. and other nations. The text of these treaties can be found at 
http://www.marad.dot.gov/Programs/treaties.html;
    (10) Ensure, within 12 hours of notification of an increase in 
MARSEC Level, implementation of the additional security measures 
required for the new MARSEC Level;
    (11) Ensure security for unattended vessels moored at the facility;
    (12) Ensure the report of all breaches of security and 
transportation security incidents to the National Response Center in 
accordance with part 101 of this chapter;
    (13) Ensure consistency between security requirements and safety 
requirements;
    (14) Inform facility personnel of their responsibility to apply for 
and maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (15) Ensure that protocols consistent with section 105.255(c) of 
this part, for dealing with individuals requiring access who report a 
lost, damaged, or stolen TWIC, or who have applied for and not yet 
received a TWIC, are in place; and
    (16) If applicable, ensure that protocols consistent with Sec. 
105.257 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3582, Jan. 25, 2007]



Sec. 105.205  Facility Sec. rity Officer (FSO).

    (a) General. (1) The FSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the FSO.
    (2) The same person may serve as the FSO for more than one facility, 
provided the facilities are in the same COTP zone and are not more than 
50 miles apart. If a person serves as the FSO for more than one 
facility, the name of each facility for which he or she is the FSO must 
be listed in the Facility Sec. rity Plan (FSP) of each facility for which 
or she is the FSO.
    (3) The FSO may assign security duties to other facility personnel; 
however, the FSO retains the responsibility for these duties.
    (4) The FSO must maintain a TWIC.
    (b) Qualifications. (1) The FSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (i) Sec. rity organization of the facility;
    (ii) General vessel and facility operations and conditions;
    (iii) Vessel and facility security measures, including the meaning 
and the requirements of the different MARSEC Levels;
    (iv) Emergency preparedness, response, and contingency planning;
    (v) Sec. rity equipment and systems, and their operational 
limitations; and
    (vi) Methods of conducting audits, inspections, control, and 
monitoring techniques.
    (2) In addition to knowledge and training required in paragraph 
(b)(1) of this section, the FSO must have knowledge of and receive 
training in the following, as appropriate:
    (i) Relevant international laws and codes, and recommendations;
    (ii) Relevant government legislation and regulations;
    (iii) Responsibilities and functions of local, State, and Federal 
law enforcement agencies;
    (iv) Sec. rity assessment methodology;
    (v) Methods of facility security surveys and inspections;
    (vi) Instruction techniques for security training and education, 
including security measures and procedures;
    (vii) Handling sensitive security information and security related 
communications;
    (viii) Current security threats and patterns;
    (ix) Recognizing and detecting dangerous substances and devices;
    (x) Recognizing characteristics and behavioral patterns of persons 
who are likely to threaten security;

[[Page 373]]

    (xi) Techniques used to circumvent security measures;
    (xii) Conducting physical searches and non-intrusive inspections;
    (xiii) Conducting security drills and exercises, including exercises 
with vessels; and
    (xiv) Assessing security drills and exercises.
    (xv) Knowledge of TWIC requirements.
    (c) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the FSO must, for each facility 
for which he or she has been designated:
    (1) Ensure that the Facility Sec. rity Assessment (FSA) is conducted;
    (2) Ensure the development and implementation of a FSP;
    (3) Ensure that an annual audit is conducted, and if necessary that 
the FSA and FSP are updated;
    (4) Ensure the FSP is exercised per Sec. 105.220 of this part;
    (5) Ensure that regular security inspections of the facility are 
conducted;
    (6) Ensure the security awareness and vigilance of the facility 
personnel;
    (7) Ensure adequate training to personnel performing facility 
security duties;
    (8) Ensure that occurrences that threaten the security of the 
facility are recorded and reported to the owner or operator;
    (9) Ensure the maintenance of records required by this part;
    (10) Ensure the preparation and the submission of any reports as 
required by this part;
    (11) Ensure the execution of any required Declarations of Sec. rity 
with Masters, Vessel Sec. rity Officers or their designated 
representatives;
    (12) Ensure the coordination of security services in accordance with 
the approved FSP;
    (13) Ensure that security equipment is properly operated, tested, 
calibrated, and maintained;
    (14) Ensure the recording and reporting of attainment changes in 
MARSEC Levels to the owner or operator and the cognizant COTP;
    (15) When requested, ensure that the Vessel Sec. rity Officers 
receive assistance in confirming the identity of visitors and service 
providers seeking to board the vessel through the facility;
    (16) Ensure notification, as soon as possible, to law enforcement 
personnel and other emergency responders to permit a timely response to 
any transportation security incident;
    (17) Ensure that the FSP is submitted to the cognizant COTP for 
approval, as well as any plans to change the facility or facility 
infrastructure prior to amending the FSP; and
    (18) Ensure that all facility personnel are briefed of changes in 
security conditions at the facility.
    (19) Ensure the TWIC program is being properly implemented.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.210  Facility personnel with security duties.

    Facility personnel responsible for security duties must maintain a 
TWIC, and must have knowledge, through training or equivalent job 
experience, in the following, as appropriate:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Sec. rity related communications;
    (g) Knowledge of emergency procedures and contingency plans;
    (h) Operation of security equipment and systems;
    (i) Testing, calibration, and maintenance of security equipment and 
systems;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Facility Sec. rity Plan (FSP);
    (l) Methods of physical screening of persons, personal effects, 
baggage, cargo, and vessel stores; and
    (m) The meaning and the consequential requirements of the different 
MARSEC Levels.

[[Page 374]]

    (n) Familiar with all relevant aspects of the TWIC program and how 
to carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.215  Sec. rity training for all other facility personnel.

    All other facility personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, 
through training or equivalent job experience, in the following, as 
appropriate:
    (a) Relevant provisions of the Facility Sec. rity Plan (FSP);
    (b) The meaning and the consequential requirements of the different 
MARSEC Levels as they apply to them, including emergency procedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Techniques used to circumvent security measures.
    (f) Familiar with all relevant aspects of the TWIC program and how 
to carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.220  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
facility personnel in assigned security duties at all MARSEC Levels and 
the effective implementation of the Facility Sec. rity Plan (FSP). They 
must enable the Facility Sec. rity Officer (FSO) to identify any related 
security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the FSP as the 
result of an increase in the MARSEC Level, provided the facility reports 
attainment to the cognizant COTP.
    (b) Drills. (1) The FSO must ensure that at least one security drill 
is conducted every 3 months. Sec. rity drills may be held in conjunction 
with non-security drills, where appropriate.
    (2) Drills must test individual elements of the FSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the facility, facility personnel 
changes, the type of vessel the facility is serving, and other relevant 
circumstances. Examples of drills include unauthorized entry to a 
restricted area, response to alarms, and notification of law enforcement 
authorities.
    (3) If a vessel is moored at the facility on the date the facility 
has planned to conduct any drills, the facility cannot require the 
vessel or vessel personnel to be a part of or participate in the 
facility's scheduled drill.
    (c) Exercises. (1) Exercises must be conducted at least once each 
calendar year, with no more than 18 months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation or seminar;
    (iii) Combined with other appropriate exercises; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be facility-specific or part of a cooperative 
exercise program with applicable facility and vessel security plans or 
comprehensive port exercises.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the security program and must 
include substantial and active participation of FSOs, and may include 
government authorities and vessels visiting the facility. Requests for 
participation of Company and Vessel Sec. rity Officers in joint exercises 
should consider the security and work implications for the vessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.225  Facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Facility 
Sec. rity Officer (FSO) must keep records of the activities as set out in 
paragraph (b) of this section for at least 2 years and make

[[Page 375]]

them available to the Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized deletion, destruction, or amendment. The following records 
must be kept:
    (1) Training. For training under Sec. 105.210, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
description of drill or exercise, list of participants, and any best 
practices or lessons learned which may improve the Facility Sec. rity 
Plan (FSP);
    (3) Incidents and breaches of security. For each incident or breach 
of security, the date and time of occurrence, location within the 
facility, description of incident or breaches, to whom it was reported, 
and description of the response;
    (4) Changes in MARSEC Levels. For each change in MARSEC Level, the 
date and time of notification received, and time of compliance with 
additional requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, record the 
date and time, and the specific security equipment involved;
    (6) Sec. rity threats. For each security threat, the date and time of 
occurrence, how the threat was communicated, who received or identified 
the threat, description of threat, to whom it was reported, and 
description of the response;
    (7) Declaration of Sec. rity (DoS) A copy of each single-visit DoS 
and a copy of each continuing DoS for at least 90 days after the end of 
its effective period; and
    (8) Annual audit of the FSP. For each annual audit, a letter 
certified by the FSO stating the date the audit was completed.
    (c) Any record required by this part must be protected from 
unauthorized access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.230  Maritime Sec. rity (MARSEC) Level coordination and implementation.

    (a) The facility owner or operator must ensure the facility operates 
in compliance with the security requirements in this part for the MARSEC 
Level in effect for the port.
    (b) When notified of an increase in the MARSEC Level, the facility 
owner and operator must ensure:
    (1) Vessels moored to the facility and vessels scheduled to arrive 
at the facility within 96 hours of the MARSEC Level change are notified 
of the new MARSEC Level and the Declaration of Sec. rity is revised as 
necessary;
    (2) The facility complies with the required additional security 
measures within 12 hours; and
    (3) The facility reports compliance or noncompliance to the COTP.
    (c) For MARSEC Levels 2 and 3, the Facility Sec. rity Officer must 
inform all facility personnel about identified threats, and emphasize 
reporting procedures and stress the need for increased vigilance.
    (d) An owner or operator whose facility is not in compliance with 
the requirements of this section, must inform the COTP and obtain 
approval prior to interfacing with a vessel or continuing operations.
    (e) At MARSEC Level 3, in addition to the requirements in this part, 
a facility owner or operator may be required to implement additional 
measures, pursuant to 33 CFR part 6, 160, or 165, as appropriate, which 
may include but are not limited to:
    (1) Use of waterborne security patrol;
    (2) Use of armed security personnel to control access to the 
facility and to deter, to the maximum extent practical, a transportation 
security incident; and
    (3) Examination of piers, wharves, and similar structures at the 
facility for the presence of dangerous substances or devices underwater 
or other threats.



Sec. 105.235  Communications.

    (a) The Facility Sec. rity Officer must have a means to effectively 
notify facility personnel of changes in security conditions at the 
facility.

[[Page 376]]

    (b) Communication systems and procedures must allow effective and 
continuous communications between the facility security personnel, 
vessels interfacing with the facility, the cognizant COTP, and national 
and local authorities with security responsibilities.
    (c) At each active facility access point, provide a means of 
contacting police, security control, or an emergency operations center, 
by telephones, cellular phones, and/or portable radios, or other 
equivalent means.
    (d) Facility communications systems must have a backup means for 
both internal and external communications.



Sec. 105.240  Procedures for interfacing with vessels.

    The facility owner or operator must ensure that there are measures 
for interfacing with vessels at all MARSEC Levels.



Sec. 105.245  Declaration of Sec. rity (DoS).

    (a) Each facility owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from a 
vessel.
    (b) At MARSEC Level 1, a facility receiving a cruise ship or a 
manned vessel carrying Certain Dangerous Cargo, in bulk, must comply 
with the following:
    (1) Prior to the arrival of a vessel to the facility, the Facility 
Sec. rity Officer (FSO) and Master, Vessel Sec. rity Officer (VSO), or 
their designated representatives must coordinate security needs and 
procedures, and agree upon the contents of the DoS for the period of 
time the vessel is at the facility; and
    (2) Upon the arrival of the vessel at the facility, the FSO and 
Master, VSO, or their designated representative, must sign the written 
DoS.
    (c) Neither the facility nor the vessel may embark or disembark 
passengers, nor transfer cargo or vessel stores until the DoS has been 
signed and implemented.
    (d) At MARSEC Levels 2 and 3, the FSOs, or their designated 
representatives, of facilities interfacing with manned vessels subject 
to part 104, of this subchapter must sign and implement DoSs as required 
in (b)(1) and (2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of facilities that frequently 
interface with the same vessel may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for a specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond that contained in the 
DoS, the continuing DoS is void and a new DoS must be executed in 
accordance with this section.
    (g) A copy of all currently valid continuing DoSs must be kept with 
the Facility Sec. rity Plan.
    (h) The COTP may require, at any time, at any MARSEC Level, any 
facility subject to this part to implement a DoS with the VSO prior to 
any vessel-to-facility interface when he or she deems it necessary.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.250  Sec. rity systems and equipment maintenance.

    (a) Sec. rity systems and equipment must be in good working order and 
inspected, tested, calibrated, and maintained according to 
manufacturers' recommendations.
    (b) Sec. rity systems must be regularly tested in accordance with the 
manufacturers' recommendations; noted deficiencies corrected promptly; 
and the results recorded as required in Sec. 105.225 of this subpart.
    (c) The FSP must include procedures for identifying and responding 
to security system and equipment failures or malfunctions.



Sec. 105.255  Sec. rity measures for access control.

    (a) General. The facility owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, facilities, or ports;

[[Page 377]]

    (2) Sec. re dangerous substances and devices that are authorized by 
the owner or operator to be on the facility;
    (3) Control access to the facility; and
    (4) Prevent an unescorted individual from entering an area of the 
facility that is designated as a secure area unless the individual holds 
a duly issued TWIC and is authorized to be in the area.
    (b) The facility owner or operator must ensure that the following 
are specified:
    (1) The locations where restrictions or prohibitions that prevent 
unauthorized access are applied for each MARSEC Level, including those 
points where TWIC access control provisions will be applied. Each 
location allowing means of access to the facility must be addressed;
    (2) The types of restrictions or prohibitions to be applied and the 
means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC, in accordance with Sec. 101.515 of this 
subchapter, and procedures for escorting them;
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level; and
    (5) The locations where persons, personal effects and vehicle 
screenings are to be conducted. The designated screening areas should be 
covered to provide for continuous operations regardless of the weather 
conditions.
    (c) The facility owner or operator must ensure that a TWIC program 
is implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance with Sec. 101.514 of this subchapter. Inspection 
must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.
    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the facility and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than 7 consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged, or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec. 101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (c)(2) of this section, he or she may 
not be granted unescorted access to the secure area. The individual must 
be under escort, as that term is defined in part 101 of this subchapter, 
at all times when inside of a secure area.
    (4) With the exception of persons granted access according to 
paragraph (c)(2) of this section, all persons granted unescorted access 
to secure areas of the facility must be able to produce his or her TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The facility's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
vessels or other transportation conveyances that use the facility.
    (d) If the facility owner or operator uses a separate identification 
system, ensure that it complies and is coordinated with TWIC provisions 
in this part.
    (e) The facility owner or operator must establish in the approved 
Facility Sec. rity Plan (FSP) the frequency of application of any access 
controls, particularly if they are to be applied on a random or 
occasional basis.
    (f) MARSEC Level 1. The facility owner or operator must ensure the 
following security measures are implemented at the facility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons, baggage (including carry-on items), personal 
effects, and vehicles, for dangerous substances

[[Page 378]]

and devices at the rate specified in the approved FSP, excluding 
government-owned vehicles on official business when government personnel 
present identification credentials for entry;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly state that:
    (i) Entering the facility is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to enter.
    (4) Check the identification of any person not holding a TWIC and 
seeking entry to the facility, including vessel passengers, vendors, 
personnel duly authorized by the cognizant government authorities, and 
visitors. This check shall include confirming the reason for boarding by 
examining at least one of the following:
    (i) Joining instructions;
    (ii) Passenger tickets;
    (iii) Boarding passes;
    (iv) Work orders, pilot orders, or surveyor orders;
    (v) Government identification; or
    (vi) Visitor badges issued in accordance with an identification 
system implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on the facility if 
the person is unable or unwilling, upon the request of facility 
personnel or a law enforcement officer, to establish his or her identity 
in accordance with this part or to account for his or her presence. Any 
such incident must be reported in compliance with this part;
    (6) Designate restricted areas and provide appropriate access 
controls for these areas;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Deter unauthorized access to the facility and to designated 
restricted areas within the facility;
    (9) Screen by hand or device, such as x-ray, all unaccompanied 
baggage prior to loading onto a vessel; and
    (10) Sec. re unaccompanied baggage after screening in a designated 
restricted area and maintain security control during transfers between 
the facility and a vessel.
    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in their approved FSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of the screening of persons, 
baggage, and personal effects for dangerous substances and devices 
entering the facility;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to guard access points and patrol 
the perimeter of the facility to deter unauthorized access;
    (4) Limiting the number of access points to the facility by closing 
and securing some access points and providing physical barriers to 
impede movement through the remaining access points;
    (5) Denying access to visitors who do not have a verified 
destination;
    (6) Deterring waterside access to the facility, which may include, 
using waterborne patrols to enhance security around the facility; or
    (7) Except for government-owned vehicles on official business when 
government personnel present identification credentials for entry, 
screening vehicles and their contents for dangerous substances and 
devices at the rate specified for MARSEC Level 2 in the approved FSP.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. These 
additional security measures may include:
    (1) Screening all persons, baggage, and personal effects for 
dangerous substances and devices;
    (2) Performing one or more of the following on unaccompanied 
baggage:
    (i) Screen unaccompanied baggage more extensively; for example, x-
raying from two or more angles;

[[Page 379]]

    (ii) Prepare to restrict or suspend handling of unaccompanied 
baggage; or
    (iii) Refuse to accept unaccompanied baggage.
    (3) Being prepared to cooperate with responders and facilities;
    (4) Granting access to only those responding to the security 
incident or threat thereof;
    (5) Suspending access to the facility;
    (6) Suspending cargo operations;
    (7) Evacuating the facility;
    (8) Restricting pedestrian or vehicular movement on the grounds of 
the facility; or
    (9) Increasing security patrols within the facility.

[USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.257  Sec. rity measures for newly-hired employees.

    (a) Newly-hired facility employees may be granted entry to secure 
areas of the facility for up to 30 consecutive calendar days prior to 
receiving their TWIC provided all of the requirements in paragraph (b) 
of this section are met, and provided that the new hire is accompanied 
by an individual with a TWIC while within the secure areas of the 
facility. If TSA does not act upon a TWIC application within 30 days, 
the cognizant Coast Guard COTP may further extend access to secure areas 
for another 30 days. The Coast Guard will determine whether, in 
particular circumstances, certain practices meet the condition of a new 
hire being accompanied by another individual with a TWIC. The Coast 
Guard will issue guidance for use in making these determinations.
    (b) Newly-hired facility employees may be granted the access 
provided for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The 
facility owner or operator or the Facility Sec. rity Officer (FSO) must 
have the new hire sign a statement affirming this, and must retain the 
signed statement until the new hire receives a TWIC;
    (2) The facility owner or operator or the FSO enters the following 
information on the new hire into the Coast Guard's Homeport website 
(http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment.
    (3) The new hire presents an identification credential that meets 
the requirements of Sec. 101.515 of this subchapter;
    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the 
facility owner or operator or FSO have not been informed by the 
cognizant COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to facility operations if the 
new hire is not allowed access.
    (c) This section does not apply to any individual being hired as a 
FSO, or any individual being hired to perform facility security duties.
    (d) The new hire may not begin working at the facility under the 
provisions of this section until the owner, operator, or FSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3584, Jan. 25, 2007]



Sec. 105.260  Sec. rity measures for restricted areas.

    (a) General. The facility owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be in the facility;
    (3) Protect the facility;
    (4) Protect vessels using and serving the facility;
    (5) Protect sensitive security areas within the facility;
    (6) Protect security and surveillance equipment and systems; and
    (7) Protect cargo and vessel stores from tampering.
    (b) Designation of Restricted Areas. The facility owner or operator 
must ensure restricted areas are designated within the facility. They 
must also ensure

[[Page 380]]

that all restricted areas are clearly marked and indicate that access to 
the area is restricted and that unauthorized presence within the area 
constitutes a breach of security. The facility owner or operator may 
also designate the entire facility as a restricted area. Restricted 
areas must include, as appropriate:
    (1) Shore areas immediately adjacent to each vessel moored at the 
facility;
    (2) Areas containing sensitive security information, including cargo 
documentation;
    (3) Areas containing security and surveillance equipment and systems 
and their controls, and lighting system controls; and
    (4) Areas containing critical facility infrastructure, including:
    (i) Water supplies;
    (ii) Telecommunications;
    (iii) Electrical system; and
    (iv) Access points for ventilation and air-conditioning systems;
    (5) Manufacturing or processing areas and control rooms;
    (6) Locations in the facility where access by vehicles and personnel 
should be restricted;
    (7) Areas designated for loading, unloading or storage of cargo and 
stores; and
    (8) Areas containing cargo consisting of dangerous goods or 
hazardous substances, including certain dangerous cargoes.
    (c) The owner or operator must ensure that all restricted areas have 
clearly established security measures to:
    (1) Identify which facility personnel are authorized to have access;
    (2) Determine which persons other than facility personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area;
    (5) Define the times when access restrictions apply;
    (6) Clearly mark all restricted areas and indicate that access to 
the area is restricted and that unauthorized presence within the area 
constitutes a breach of security;
    (7) Control the entry, parking, loading and unloading of vehicles;
    (8) Control the movement and storage of cargo and vessel stores; and
    (9) Control unaccompanied baggage or personal effects.
    (d) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Restricting access to only authorized personnel;
    (2) Sec. ring all access points not actively used and providing 
physical barriers to impede movement through the remaining access 
points;
    (3) Assigning personnel to control access to restricted areas;
    (4) Verifying the identification and authorization of all persons 
and all vehicles seeking entry;
    (5) Patrolling or monitoring the perimeter of restricted areas;
    (6) Using security personnel, automatic intrusion detection devices, 
surveillance equipment, or surveillance systems to detect unauthorized 
entry or movement within restricted areas;
    (7) Directing the parking, loading, and unloading of vehicles within 
a restricted area;
    (8) Controlling unaccompanied baggage and or personal effects after 
screening;
    (9) Designating restricted areas for performing inspections of cargo 
and vessel stores while awaiting loading; and
    (10) Designating temporary restricted areas to accommodate facility 
operations. If temporary restricted areas are designated, the FSP must 
include a requirement to conduct a security sweep of the designated 
temporary restricted area both before and after the area has been 
established.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in their approved 
FSP. These additional security measures may include:

[[Page 381]]

    (1) Increasing the intensity and frequency of monitoring and access 
controls on existing restricted access areas;
    (2) Enhancing the effectiveness of the barriers or fencing 
surrounding restricted areas, by the use of patrols or automatic 
intrusion detection devices;
    (3) Reducing the number of access points to restricted areas, and 
enhancing the controls applied at the remaining accesses;
    (4) Restricting parking adjacent to vessels;
    (5) Further restricting access to the restricted areas and movements 
and storage within them;
    (6) Using continuously monitored and recorded surveillance 
equipment;
    (7) Enhancing the number and frequency of patrols, including 
waterborne patrols undertaken on the boundaries of the restricted areas 
and within the areas; or
    (8) Establishing and restricting access to areas adjacent to the 
restricted areas.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. These 
additional security measures may include:
    (1) Restricting access to additional areas;
    (2) Prohibiting access to restricted areas, or
    (3) Searching restricted areas as part of a security sweep of all or 
part of the facility.



Sec. 105.265  Sec. rity measures for handling cargo.

    (a) General. The facility owner or operator must ensure that 
security measures relating to cargo handling, some of which may have to 
be applied in liaison with the vessel, are implemented in order to:
    (1) Deter tampering;
    (2) Prevent cargo that is not meant for carriage from being accepted 
and stored at the facility without the knowing consent of the facility 
owner or operator;
    (3) Identify cargo that is approved for loading onto vessels 
interfacing with the facility;
    (4) Include cargo control procedures at access points to the 
facility;
    (5) Identify cargo that is accepted for temporary storage in a 
restricted area while awaiting loading or pick up;
    (6) Restrict the entry of cargo to the facility that does not have a 
confirmed date for loading, as appropriate;
    (7) Ensure the release of cargo only to the carrier specified in the 
cargo documentation;
    (8) When there are regular or repeated cargo operations with the 
same shipper, coordinate security measures with the shipper or other 
responsible party in accordance with an established agreement and 
procedure; and
    (9) Create, update, and maintain a continuous inventory of all 
dangerous goods and hazardous substances from receipt to delivery within 
the facility, giving the location of those dangerous goods and hazardous 
substances.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of measures to:
    (1) Unless unsafe to do so, routinely check cargo, cargo transport 
units, and cargo storage areas within the facility prior to, and during, 
cargo handling operations for evidence of tampering;
    (2) Check that cargo, containers, or other cargo transport units 
entering the facility match the delivery note or equivalent cargo 
documentation;
    (3) Screen vehicles; and
    (4) Check seals and other methods used to prevent tampering upon 
entering the facility and upon storage within the facility.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Conducting check of cargo, containers or other cargo transport 
units, and cargo storage areas within the facility for evidence of 
tampering;

[[Page 382]]

    (2) Intensifying checks, as appropriate, to ensure that only the 
documented cargo enters the facility, is temporarily stored there, and 
then loaded onto the vessel;
    (3) Intensifying the screening of vehicles;
    (4) Increasing frequency and detail in checking of seals and other 
methods used to prevent tampering;
    (5) Coordinating enhanced security measures with the shipper or 
other responsible party in accordance with an established agreement and 
procedures;
    (6) Increasing the frequency and intensity of visual and physical 
inspections; or
    (7) Limiting the number of locations where dangerous goods and 
hazardous substances, including certain dangerous cargoes, can be 
stored.
    (d) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved FSP. These 
additional security measures may include:
    (1) Restricting or suspending cargo movements or operations within 
all or part of the facility or specific vessels;
    (2) Being prepared to cooperate with responders and vessels; or
    (3) Verifying the inventory and location of any dangerous goods and 
hazardous substances, including certain dangerous cargoes, held within 
the facility and their location.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.270  Sec. rity measures for delivery of vessel stores and bunkers.

    (a) General. The facility owner or operator must ensure that 
security measures relating to the delivery of vessel stores and bunkers 
are implemented to:
    (1) Check vessel stores for package integrity;
    (2) Prevent vessel stores from being accepted without inspection;
    (3) Deter tampering;
    (4) For vessels that routinely use a facility, establish and execute 
standing arrangements between the vessel, its suppliers, and a facility 
regarding notification and the timing of deliveries and their 
documentation; and
    (5) Check vessel stores by the following means:
    (i) Visual examination;
    (ii) Physical examination;
    (iii) Detection devices, such as scanners; or
    (iv) Canines.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of measures to:
    (1) Screen vessel stores at the rate specified in the approved 
Facility Sec. rity Plan (FSP);
    (2) Require advance notification of vessel stores or bunkers 
delivery, including a list of stores, delivery vehicle driver 
information, and vehicle registration information;
    (3) Screen delivery vehicles at the frequencies specified in the 
approved FSP; and
    (4) Escort delivery vehicles within the facility at the rate 
specified by the approved FSP.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Detailed screening of vessel stores;
    (2) Detailed screening of all delivery vehicles;
    (3) Coordinating with vessel personnel to check the order against 
the delivery note prior to entry to the facility;
    (4) Ensuring delivery vehicles are escorted within the facility; or
    (5) Restricting or prohibiting the entry of vessel stores that will 
not leave the facility within a specified period.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility owner and 
operator must ensure implementation of additional security measures, as 
specified for MARSEC Level 3 in the approved FSP. Examples of these 
additional security measures may include:

[[Page 383]]

    (1) Checking all vessel stores more extensively;
    (2) Restricting or suspending delivery of vessel stores; or
    (3) Refusing to accept vessel stores on the facility.



Sec. 105.275  Sec. rity measures for monitoring.

    (a) General. The facility owner or operator must ensure the 
implementation of security measures in this section and have the 
capability to continuously monitor, through a combination of lighting, 
security guards, waterborne patrols, automatic intrusion-detection 
devices, or surveillance equipment, as specified in the approved 
Facility Sec. rity Plan (FSP), the:
    (1) Facility and its approaches, on land and water;
    (2) Restricted areas within the facility; and
    (3) Vessels at the facility and areas surrounding the vessels.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the security measures in this section are 
implemented at all times, including the period from sunset to sunrise 
and periods of limited visibility. For each facility, ensure monitoring 
capability that:
    (1) When automatic intrusion-detection devices are used, activates 
an audible or visual alarm, or both, at a location that is continuously 
attended or monitored;
    (2) Is able to function continually, including consideration of the 
possible effects of weather or of a power disruption;
    (3) Monitors the facility area, including shore and waterside access 
to it;
    (4) Monitors access points, barriers and restricted areas;
    (5) Monitors access and movements adjacent to vessels using the 
facility, including augmentation of lighting provided by the vessel 
itself; and
    (6) Limits lighting effects, such as glare, and their impact on 
safety, navigation, and other security activities.
    (c) MARSEC Level 2. In addition to the security measures for MARSEC 
Level 1 in this section, at MARSEC Level 2, the facility owner or 
operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved FSP. These 
additional measures may include:
    (1) Increasing the coverage and intensity of surveillance equipment, 
including the provision of additional surveillance coverage;
    (2) Increasing the frequency of foot, vehicle or waterborne patrols;
    (3) Assigning additional security personnel to monitor and patrol; 
or
    (4) Increasing the coverage and intensity of lighting, including the 
provision of additional lighting and coverage.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility owner or 
operator must also ensure implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved FSP. These 
additional security measures may include:
    (1) Switching on all lighting within, or illuminating the vicinity 
of, the facility;
    (2) Switching on all surveillance equipment capable of recording 
activities within or adjacent to the facility;
    (3) Maximizing the length of time such surveillance equipment can 
continue to record; or
    (4) Complying with the instructions issued by those responding to 
the security incident.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.280  Sec. rity incident procedures.

    For each MARSEC Level, the facility owner or operator must ensure 
the Facility Sec. rity Officer and facility security personnel are able 
to:
    (a) Respond to security threats or breaches of security and maintain 
critical facility and vessel-to-facility interface operations;
    (b) Evacuate the facility in case of security threats or breaches of 
security;
    (c) Report security incidents as required in Sec. 101.305 of this 
subchapter;
    (d) Brief all facility personnel on possible threats and the need 
for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and

[[Page 384]]

    (e) Sec. re non-critical operations in order to focus response on 
critical operations.



Sec. 105.285  Additional requirements-passenger and ferry facilities.

    (a) At all MARSEC Levels, the owner or operator of a passenger or 
ferry facility must ensure, in coordination with a vessel moored at the 
facility, that the following security measures are implemented in 
addition to the requirements of this part:
    (1) Establish separate areas to segregate unchecked persons and 
personal effects from checked persons and personal effects;
    (2) Ensure that a defined percentage of vehicles to be loaded aboard 
are screened prior to loading, in accordance with a MARSEC Directive or 
other orders issued by the Coast Guard;
    (3) Ensure that all unaccompanied vehicles to be loaded on passenger 
vessels are screened prior to loading;
    (4) Deny passenger access to secure and restricted areas unless 
escorted by authorized facility security personnel; and
    (5) In a facility with a public access area designated under Sec. 
105.106, provide sufficient security personnel to monitor all persons 
within the area.
    (b) At MARSEC Level 2, in addition to the requirements in paragraph 
(a) of this section, the owner or operator of a passenger or ferry 
facility with a public access area designated under Sec. 105.106 must 
increase the intensity of monitoring of the public access area.
    (c) At MARSEC Level 3, in addition to the requirements in paragraph 
(a) of this section, the owner or operator of a passenger or ferry 
facility with a public access area designated under Sec. 105.106 must 
increase the intensity of monitoring and assign additional security 
personnel to monitor the public access area.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3584, Jan. 25, 2007]



Sec. 105.290  Additional requirements--cruise ship terminals.

    At all MARSEC Levels, in coordination with a vessel moored at the 
facility, the facility owner or operator must ensure the following 
security measures:
    (a) Screen all persons, baggage, and personal effects for dangerous 
substances and devices;
    (b) Check the identification of all persons seeking to enter the 
facility. Persons holding a TWIC shall be checked as set forth in this 
part. For persons not holding a TWIC, this check includes confirming the 
reason for boarding by examining passenger tickets, boarding passes, 
government identification or visitor badges, or work orders;
    (c) Designate holding, waiting, or embarkation areas within the 
facility's secure area to segregate screened persons and their personal 
effects awaiting embarkation from unscreened persons and their personal 
effects;
    (d) Provide additional security personnel to designated holding, 
waiting, or embarkation areas within the facility's secure area; and
    (e) Deny individuals not holding a TWIC access to secure and 
restricted areas unless escorted.

[USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]



Sec. 105.295  Additional requirements-Certain Dangerous Cargo (CDC) facilities.

    (a) At all MARSEC Levels, owners or operators of CDC facilities must 
ensure the implementation of the following security measures in addition 
to the requirements of this part:
    (1) Escort all visitors, contractors, vendors, and other non-
facility employees at all times while on the facility, if access 
identification is not provided. Escort provisions do not apply to 
prearranged cargo deliveries;
    (2) Control the parking, loading, and unloading of vehicles within a 
facility;
    (3) Require security personnel to record or report their presence at 
key points during their patrols;
    (4) Search unmanned or unmonitored waterfront areas for dangerous 
substances and devices prior to a vessel's arrival at the facility; and
    (5) Provide an alternate or independent power source for security 
and communications systems.
    (b) At MARSEC Level 2, in addition to the requirements for MARSEC 
Level 1, owners or operators of CDC facilities

[[Page 385]]

must ensure the implementation of the following security measures:
    (1) Release cargo only in the presence of the Facility Sec. rity 
Officer (FSO) or a designated representative of the FSO; and
    (2) Continuously patrol restricted areas.
    (c) At MARSEC Level 3, in addition to the requirements for MARSEC 
Level 1 and MARSEC Level 2, owners or operators of CDC facilities must 
ensure the facilities are continuously guarded and restricted areas are 
patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.296  Additional requirements-barge fleeting facilities.

    (a) At MARSEC Level 1, in addition to the requirements of this part, 
an owner or operator of a barge fleeting facility must ensure the 
implementation of the following security measures:
    (1) Designate one or more restricted areas within the barge fleeting 
facility to handle those barges carrying, in bulk, cargoes regulated by 
46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes;
    (2) Maintain a current list of vessels and cargoes in the designated 
restricted area; and
    (3) Ensure that at least one towing vessel is available to service 
the fleeting facility for every 100 barges within the facility.
    (4) Control access to the barges once tied to the fleeting area by 
implementing TWIC as described in Sec. 105.255 of this part.
    (b) At MARSEC Level 2, in addition to the requirements of this part 
and MARSEC Level 1 requirements, an owner or operator of a barge 
fleeting facility must ensure security personnel are assigned to monitor 
or patrol the designated restricted area within the barge fleeting 
facility.
    (c) At MARSEC Level 3, in addition to the requirements of this part 
and MARSEC Level 2 requirements, an owner or operator of a barge 
fleeting facility must ensure that both land and waterside perimeters of 
the designated restricted area within the barge fleeting facility are 
continuously monitored or patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]



              Subpart C_Facility Sec. rity Assessment (FSA)



Sec. 105.300  General.

    (a) The Facility Sec. rity Assessment (FSA) is a written document 
that is based on the collection of background information, the 
completion of an on-scene survey and an analysis of that information.
    (b) A common FSA may be conducted for more than one similar facility 
provided the FSA reflects any facility-specific characteristics that are 
unique.
    (c) Third parties may be used in any aspect of the FSA if they have 
the appropriate skills and if the Facility Sec. rity Officer (FSO) 
reviews and accepts their work.
    (d) Those involved in a FSA must be able to draw upon expert 
assistance in the following areas, as appropriate:
    (1) Knowledge of current security threats and patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on structures and 
facility services;
    (7) Facility security requirements;
    (8) Facility and vessel interface business practices;
    (9) Contingency planning, emergency preparedness, and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine or civil engineering; and
    (13) Facility and vessel operations.

[[Page 386]]



Sec. 105.305  Facility Sec. rity Assessment (FSA) requirements.

    (a) Background. The facility owner or operator must ensure that the 
following background information, if applicable, is provided to the 
person or persons who will conduct the assessment:
    (1) The general layout of the facility, including:
    (i) The location of each active and inactive access point to the 
facility;
    (ii) The number, reliability, and security duties of facility 
personnel;
    (iii) Sec. rity doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to maintain 
essential services;
    (vi) The maintenance equipment, cargo spaces, storage areas, and 
unaccompanied baggage storage;
    (vii) Location of escape and evacuation routes and assembly 
stations; and
    (viii) Existing security and safety equipment for protection of 
personnel and visitors;
    (2) Response procedures for fire or other emergency conditions;
    (3) Procedures for monitoring facility and vessel personnel, 
vendors, repair technicians, and dock workers;
    (4) Existing contracts with private security companies and existing 
agreements with local or municipal agencies;
    (5) Procedures for controlling keys and other access prevention 
systems;
    (6) Procedures for cargo and vessel stores operations;
    (7) Response capability to security incidents;
    (8) Threat assessments, including the purpose and methodology of the 
assessment, for the port in which the facility is located or at which 
passengers embark or disembark;
    (9) Previous reports on security needs; and
    (10) Any other existing security procedures and systems, equipment, 
communications, and facility personnel.
    (b) On-scene survey. The facility owner or operator must ensure that 
an on-scene survey of each facility is conducted. The on-scene survey 
examines and evaluates existing facility protective measures, 
procedures, and operations to verify or collect the information required 
in paragraph (a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, the 
facility owner or operator must ensure that the FSO analyzes the 
facility background information and the on-scene survey, and considering 
the requirements of this part, provides recommendations to establish and 
prioritize the security measures that should be included in the FSP. The 
analysis must consider:
    (1) Each vulnerability found during the on-scene survey including 
but not limited to:
    (i) Waterside and shore-side access to the facility and vessel 
berthing at the facility;
    (ii) Structural integrity of the piers, facilities, and associated 
structures;
    (iii) Existing security measures and procedures, including 
identification systems;
    (iv) Existing security measures and procedures relating to services 
and utilities;
    (v) Measures to protect radio and telecommunication equipment, 
including computer systems and networks;
    (vi) Adjacent areas that may be exploited during or for an attack;
    (vii) Areas that may, if damaged or used for illicit observation, 
pose a risk to people, property, or operations within the facility;
    (viii) Existing agreements with private security companies providing 
waterside and shore-side security services;
    (ix) Any conflicting policies between safety and security measures 
and procedures;
    (x) Any conflicting facility operations and security duty 
assignments;
    (xi) Any enforcement and personnel constraints;
    (xii) Any deficiencies identified during daily operations or 
training and drills; and
    (xiii) Any deficiencies identified following security incidents or 
alerts, the report of security concerns, the exercise of control 
measures, or audits;
    (2) Possible security threats, including but not limited to:

[[Page 387]]

    (i) Damage to or destruction of the facility or of a vessel moored 
at the facility;
    (ii) Hijacking or seizure of a vessel moored at the facility or of 
persons on board;
    (iii) Tampering with cargo, essential equipment or systems, or 
stores of a vessel moored at the facility;
    (iv) Unauthorized access or use including the presence of stowaways;
    (v) Smuggling dangerous substances and devices to the facility;
    (vi) Use of a vessel moored at the facility to carry those intending 
to cause a security incident and their equipment;
    (vii) Use of a vessel moored at the facility as a weapon or as a 
means to cause damage or destruction;
    (viii) Impact on the facility and its operations due to a blockage 
of entrances, locks, and approaches; and
    (ix) Use of the facility as a transfer point for nuclear, 
biological, radiological, explosive, or chemical weapons;
    (3) Threat assessments by Government agencies;
    (4) Vulnerabilities, including human factors, in the facility's 
infrastructure, policies and procedures;
    (5) Any particular aspects of the facility, including the vessels 
using the facility, which make it likely to be the target of an attack;
    (6) Likely consequences in terms of loss of life, damage to 
property, and economic disruption, including disruption to 
transportation systems, of an attack on or at the facility; and
    (7) Locations where access restrictions or prohibitions will be 
applied for each MARSEC Level.
    (d) FSA report. (1) The facility owner or operator must ensure that 
a written FSA report is prepared and included as part of the FSP. The 
report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, including 
inspection, control and monitoring equipment, personnel identification 
documents and communication, alarm, lighting, access control, and 
similar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used to 
address each vulnerability;
    (v) A list of the key facility operations that are important to 
protect; and
    (vi) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the facility.
    (2) A FSA report must describe the following elements within the 
facility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks;
    (vi) Relevant transportation infrastructure; and
    (vii) Utilities.
    (3) The FSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) Facility personnel;
    (ii) Passengers, visitors, vendors, repair technicians, vessel 
personnel, etc.;
    (iii) Capacity to maintain emergency response;
    (iv) Cargo, particularly dangerous goods and hazardous substances;
    (v) Delivery of vessel stores;
    (vi) Any facility security communication and surveillance systems; 
and
    (vii) Any other facility security systems, if any.
    (4) The FSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
facility personnel alertness and performance;
    (iv) Sec. rity training deficiencies; and
    (v) Sec. rity equipment and systems, including communication systems.
    (5) The FSA report must discuss and evaluate key facility measures 
and operations, including:

[[Page 388]]

    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the facility, through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and other 
persons and their effects (including personal effects and baggage 
whether accompanied or unaccompanied);
    (iv) Procedures for the handling of cargo and the delivery of vessel 
stores;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring the facility and areas adjacent to the pier; and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The FSA, FSA report, and FSP must be protected from unauthorized 
access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.310  Submission requirements.

    (a) A completed FSA report must be submitted with the Facility 
Sec. rity Plan required in Sec. 105.410 of this part.
    (b) A facility owner or operator may generate and submit a report 
that contains the Facility Sec. rity Assessment for more than one 
facility subject to this part, to the extent that they share 
similarities in design and operations, if authorized and approved by the 
cognizant COTP.
    (c) The FSA must be reviewed and validated, and the FSA report must 
be updated each time the FSP is submitted for reapproval or revisions.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



                 Subpart D_Facility Sec. rity Plan (FSP)



Sec. 105.400  General.

    (a) The Facility Sec. rity Officer (FSO) must ensure a Facility 
Sec. rity Plan (FSP) is developed and implemented for each facility for 
which he or she is designated as FSO. The FSP:
    (1) Must identify the FSO by name and position, and provide 24-hour 
contact information;
    (2) Must be written in English;
    (3) Must address each vulnerability identified in the Facility 
Sec. rity Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one facility to the extent that they share 
similarities in design and operations, if authorized and approved by the 
cognizant COTP.
    (b) The FSP must be submitted for approval to the cognizant COTP in 
a written or electronic format. Information for submitting the FSP 
electronically can be found at http://www.uscg.mil/HQ/MSC.
    (c) The FSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the FSP is kept in an electronic format, procedures must be 
in place to prevent its unauthorized deletion, destruction, or 
amendment.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.405  Format and content of the Facility Sec. rity Plan (FSP).

    (a) A facility owner or operator must ensure that the FSP consists 
of the individual sections listed in this paragraph (a). If the FSP does 
not follow the order as it appears in the list, the facility owner or 
operator must ensure that the FSP contains an index identifying the 
location of each of the following sections:
    (1) Sec. rity administration and organization of the facility;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with vessels;
    (7) Declaration of Sec. rity (DoS);
    (8) Communications;
    (9) Sec. rity systems and equipment maintenance;
    (10) Sec. rity measures for access control, including designated 
public access areas;
    (11) Sec. rity measures for restricted areas;
    (12) Sec. rity measures for handling cargo;
    (13) Sec. rity measures for delivery of vessel stores and bunkers;

[[Page 389]]

    (14) Sec. rity measures for monitoring;
    (15) Sec. rity incident procedures;
    (16) Audits and security plan amendments;
    (17) Facility Sec. rity Assessment (FSA) report; and
    (18) Facility Vulnerability and Sec. rity Measures Summary (Form CG-
6025) in appendix A to part 105-Facility Vulnerability and Sec. rity 
Measures Summary (CG-6025).
    (b) The FSP must describe in detail how the requirements of subpart 
B of this part will be met. FSPs that have been approved by the Coast 
Guard prior to March 26, 2007, do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the FSP.
    (c) The Facility Vulnerability and Sec. rity Measures Summary (Form 
CG-6025) must be completed using information in the FSA concerning 
identified vulnerabilities and information in the FSP concerning 
security measures in mitigation of these vulnerabilities.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3585, Jan. 25, 2007]



Sec. 105.410  Submission and approval.

    (a) On or before December 31, 2003, the owner or operator of each 
facility currently in operation must either:
    (1) Submit one copy of their Facility Sec. rity Plan (FSP) for review 
and approval to the cognizant COTP and a letter certifying that the FSP 
meets applicable requirements of this part; or
    (2) If intending to operate under an Approved Sec. rity Program, a 
letter signed by the facility owner or operator stating which approved 
Alternative Sec. rity Program the owner or operator intends to use.
    (b) Owners or operators of facilities not in service on or before 
December 31, 2003, must comply with the requirements in paragraph (a) of 
this section 60 days prior to beginning operations or by December 31, 
2003, whichever is later.
    (c) The cognizant COTP will examine each submission for compliance 
with this part and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than one 
facility where they share similarities in design and operations, if 
authorized and approved by each cognizant COTP.
    (e) Each facility owner or operator that submits one FSP to cover 
two or more facilities of similar design and operation must address 
facility-specific information that includes the design and operational 
characteristics of each facility and must complete a separate Facility 
Vulnerability and Sec. rity Measures Summary (Form CG-6025), in appendix 
A to part 105--Facility Vulnerability and Sec. rity Measures Summary (CG-
6025), for each facility covered by the plan.
    (f) A FSP that is approved by the cognizant COTP is valid for five 
years from the date of its approval.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003, 
as amended at 68 FR 60542, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, 
Dec. 16, 2005]



Sec. 105.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Facility Sec. rity Plan (FSP) 
that is approved by the cognizant COTP may be initiated by:
    (i) The facility owner or operator; or
    (ii) The cognizant COTP upon a determination that an amendment is 
needed to maintain the facility's security. The cognizant COTP, who will 
give the facility owner or operator written notice and request that the 
facility owner or operator propose amendments addressing any matters 
specified in the notice. The facility owner or operator will have at 
least 60 days to submit its proposed amendments. Until amendments are 
approved, the facility owner or operator shall ensure temporary security 
measures are implemented to the satisfaction of the COTP.
    (2) Proposed amendments must be submitted to the cognizant COTP. If

[[Page 390]]

initiated by the facility owner or operator, the proposed amendment must 
be submitted at least 30 days before the amendment is to take effect 
unless the cognizant COTP allows a shorter period. The cognizant COTP 
will approve or disapprove the proposed amendment in accordance with 
Sec. 105.410 of this subpart.
    (3) Nothing in this section should be construed as limiting the 
facility owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved FSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the cognizant COTP by the most rapid means 
practicable as to the nature of the additional measures, the 
circumstances that prompted these additional measures, and the period of 
time these additional measures are expected to be in place.
    (4) If there is a change in the owner or operator, the Facility 
Sec. rity Officer (FSO) must amend the FSP to include the name and 
contact information of the new facility owner or operator and submit the 
affected portion of the FSP for review and approval in accordance with 
Sec. 105.410 if this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP is performed 
annually, beginning no later than one year from the initial date of 
approval, and attach a letter to the FSP certifying that the FSP meets 
the applicable requirements of this part.
    (2) The FSP must be audited if there is a change in the facility's 
ownership or operator, or if there have been modifications to the 
facility, including but not limited to physical structure, emergency 
response procedures, security measures, or operations.
    (3) Auditing the FSP as a result of modifications to the facility 
may be limited to those sections of the FSP affected by the facility 
modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the facility, personnel conducting internal audits of the security 
measures specified in the FSP or evaluating its implementation must:
    (i) Have knowledge of methods for conducting audits and inspections, 
and security, control, and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require amendment of either the FSA 
or FSP, the FSO must submit, in accordance with Sec. 105.410 of this 
subpart, the amendments to the cognizant COTP for review and approval no 
later than 30 days after completion of the audit and a letter certifying 
that the amended FSP meets the applicable requirements of this part.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]

[[Page 391]]

  Appendix A to Part 105--Facility Vulnerability and Sec. rity Measures 
                         Summary (Form CG-6025)
[GRAPHIC] [TIFF OMITTED] TR22OC03.000


[[Page 392]]


[GRAPHIC] [TIFF OMITTED] TR01JY03.002


[[Page 393]]


[GRAPHIC] [TIFF OMITTED] TN01JY03.003


[[Page 394]]


[GRAPHIC] [TIFF OMITTED] TN01JY03.004


[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, 
Oct. 22, 2003]



PART 106_MARINE SECURITY: OUTER CONTINENTAL SHELF 
(OCS) FACILITIES--Table of Contents




                            Subpart A_General

Sec. 
106.100 Definitions.
106.105 Applicability.
106.110 Compliance dates.
106.115 Compliance documentation.
106.120 Noncompliance.
106.125 Waivers.
106.130 Equivalents.
106.135 Alternative Sec. rity Program.
106.140 Maritime Sec. rity (MARSEC) Directive.
106.145 Right to appeal.

 Subpart B_Outer Continental Shelf (OCS) Facility Sec. rity Requirements

106.200 Owner or operator.
106.205 Company Sec. rity Officer (CSO).
106.210 Facility Sec. rity Officer (FSO).
106.215 Company or OCS facility personnel with security duties.
106.220 Sec. rity training for all other OCS facility personnel.
106.225 Drill and exercise requirements.
106.230 OCS facility recordkeeping requirements.

[[Page 395]]

106.235 Maritime Sec. rity (MARSEC) Level coordination and 
          implementation.
106.240 Communications.
106.245 Procedures for interfacing with vessels.
106.250 Declaration of Sec. rity (DoS).
106.255 Sec. rity systems and equipment maintenance.
106.260 Sec. rity measures for access control.
106.262 Sec. rity measures for newly-hired employees.
106.265 Sec. rity measures for restricted areas.
106.270 Sec. rity measures for delivery of stores and industrial 
          supplies.
106.275 Sec. rity measures for monitoring.
106.280 Sec. rity incident procedures.

  Subpart C_Outer Continental Shelf (OCS) Facility Sec. rity Assessment 
                                  (FSA)

106.300 General.
106.305 Facility Sec. rity Assessment (FSA) requirements.
106.310 Submission requirements.

  Subpart D_Outer Continental Shelf (OCS) Facility Sec. rity Plan (FSP)

106.400 General.
106.405 Format and Content of the Facility Sec. rity Plan (FSP).
106.410 Submission and approval.
106.415 Amendment and audit.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department Of 
Homeland Sec. rity Delegation No. 0170.1.

    Source: USCG-2003-14759, 68 FR 39345, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 106.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec. 106.105  Applicability.

    The requirements in this part apply to owners and operators of any 
fixed or floating facility, including MODUs not subject to part 104 of 
this subchapter, operating on the Outer Continental Shelf (OCS) of the 
United States for the purposes of engaging in the exploration, 
development, or production of oil, natural gas, or mineral resources 
that are regulated by 33 CFR subchapter N, that meet the following 
operating conditions:
    (a) Hosts more than 150 persons for 12 hours or more in each 24-hour 
period continuously for 30 days or more;
    (b) Produces greater than 100,000 barrels of oil per day; or
    (c) Produces greater than 200 million cubic feet of natural gas per 
day.



Sec. 106.110  Compliance dates.

    (a) On or before December 31, 2003, OCS facility owners or operators 
must submit to the cognizant District Commander for each OCS facility--
    (1) The Facility Sec. rity Plan described in subpart D of this part 
for review and approval; or
    (2) If intending to operate under an approved Alternative Sec. rity 
Program, a letter signed by the OCS facility owner or operator stating 
which approved Alternative Sec. rity Program the owner or operator 
intends to use.
    (b) On or before July 1, 2004, each OCS facility owner or operator 
must be operating in compliance with this part.
    (c) OCS facilities built on or after July 1, 2004, must submit for 
approval an FSP 60 days prior to beginning operations.
    (d) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordance 
with the TWIC provisions in this part by the date set by the Coast Guard 
in a Notice to be published in the Federal Register. This Notice will be 
published at least 90 days before compliance must begin, and will be 
directed to all facilities within a specific Captain of the Port zone, 
based on whether enrollment has been completed in that zone. Unless an 
earlier compliance date is specified in this manner, all facility owner 
or operators will need to implement their TWIC provisions no later than 
September 25, 2008.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60557, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]



Sec. 106.115  Compliance documentation.

    Each OCS facility owner or operator subject to this part must ensure 
before

[[Page 396]]

July 1, 2004, that copies of the following documentation are available 
at the OCS facility and are made available to the Coast Guard upon 
request:
    (a) The approved Facility Sec. rity Plan (FSP) and any approved 
revisions or amendments thereto, and a letter of approval from the 
cognizant District Commander dated within the last 5 years;
    (b) The FSP submitted for approval and current written 
acknowledgment from the cognizant District Commander, stating that the 
Coast Guard is currently reviewing the FSP submitted for approval and 
that the OCS facility may continue to operate so long as the OCS 
facility remains in compliance with the submitted FSP; or
    (c) For OCS facilities operating under a Coast Guard-approved 
Alternative Sec. rity Program as provided in Sec. 106.135, a copy of the 
Alternative Sec. rity Program the OCS facility is using, including a 
facility specific security assessment report generated under the 
Alternative Sec. rity Program, as specified in Sec. 101.120(b)(3) of 
this subchapter, and a letter signed by the OCS facility owner or 
operator, stating which Alternative Sec. rity Program the OCS facility is 
using and certifying that the OCS facility is in full compliance with 
that program.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.120  Noncompliance.

    When an OCS facility must temporarily deviate from the requirements 
of this part, the OCS facility owner or operator must notify the 
cognizant District Commander, and either suspend operations or request 
and receive permission from the District Commander to continue 
operating.

[USCG-2003-14759, 68 FR 60558, Oct. 22, 2003]



Sec. 106.125  Waivers.

    Any OCS facility owner or operator may apply for a waiver of any 
requirement of this part that the OCS facility owner or operator 
considers unnecessary in light of the nature or operating conditions of 
the OCS facility. A request for a waiver must be submitted in writing 
with justification to the cognizant District Commander. The cognizant 
District Commander may require the OCS facility owner or operator to 
provide additional data for use in determining the validity of the 
requested waiver. The cognizant District Commander may grant a waiver, 
in writing, with or without conditions only if the waiver will not 
reduce the overall security of the OCS facility, its personnel, or 
visiting vessels.



Sec. 106.130  Equivalents.

    For any measure required by this part, the OCS facility owner or 
operator may propose an equivalent, as provided in Sec. 101.130 of this 
subchapter.



Sec. 106.135  Alternative Sec. rity Program.

    An OCS facility owner or operator may use an Alternative Sec. rity 
Program approved under Sec. 101.120 of this subchapter if:
    (a) The Alternative Sec. rity Program is appropriate to that OCS 
facility;
    (b) The OCS facility does not serve vessels on international 
voyages; and
    (c) The Alternative Sec. rity Program is implemented in its entirety.



Sec. 106.140  Maritime Sec. rity (MARSEC) Directive.

    All OCS facility owners or operators subject to this part must 
comply with any instructions contained in a MARSEC Directive issued 
under Sec. 101.405 of this subchapter.



Sec. 106.145  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec. 101.420 of this subchapter.



 Subpart B_Outer Continental Shelf (OCS) Facility Sec. rity Requirements



Sec. 106.200  Owner or operator.

    (a) Each OCS facility owner or operator must ensure that the OCS 
facility operates in compliance with the requirements of this part.
    (b) For each OCS facility, the OCS facility owner or operator must:

[[Page 397]]

    (1) Define the security organizational structure for each OCS 
facility and provide each person exercising security duties or 
responsibilities within that structure the support needed to fulfill 
those obligations;
    (2) Designate in writing, by name or title, a Company Sec. rity 
Officer (CSO) and a Facility Sec. rity Officer (FSO) for each OCS 
facility and identify how those officers can be contacted at any time;
    (3) Ensure that a Facility Sec. rity Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of a Facility 
Sec. rity Plan (FSP);
    (5) Ensure that the OCS facility operates in compliance with the 
approved FSP;
    (6) Ensure that the TWIC program is properly implemented as set 
forth in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in the secure area are permitted to escort; and
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted.
    (7) Ensure that adequate coordination of security issues takes place 
between OCS facilities and vessels, including the execution of a 
Declaration of Sec. rity (DoS) as required by this part;
    (8) Ensure, within 12 hours of notification of an increase in MARSEC 
Level, implementation of the additional security measures required by 
the FSP for the new MARSEC Level;
    (9) Ensure all breaches of security and security incidents are 
reported in accordance with part 101 of this subchapter;
    (10) Ensure consistency between security requirements and safety 
requirements;
    (11) Inform OCS facility personnel of their responsibility to apply 
for and maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (12) Ensure that protocols consistent with Sec. 106.260(c) of this 
part, for dealing with individuals requiring access who report a lost, 
damaged, or stolen TWIC, or who have applied for and not yet received a 
TWIC, are in place; and
    (13) If applicable, ensure that protocols consistent with Sec. 
106.262 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]



Sec. 106.205  Company Sec. rity Officer (CSO).

    (a) General. (1) An OCS facility owner or operator may designate a 
single CSO for all its OCS facilities to which this part applies, or may 
designate more than one CSO, in which case the owner or operator must 
clearly identify the OCS facilities for which each CSO is responsible.
    (2) A CSO may perform other duties within the owner's or operator's 
organization, including the duties of a Facility Sec. rity Officer, 
provided he or she is able to perform the duties and responsibilities 
required of the CSO.
    (3) The CSO may delegate duties required by this part, but remains 
responsible for the performance of those duties.
    (4) The CSO must maintain a TWIC.
    (b) Qualifications. The CSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Sec. rity administration and organization of the OCS facility;
    (2) OCS facility and vessel operations and conditions;
    (3) OCS facility and vessel security measures including the meaning 
and consequential requirements of the different MARSEC Levels;
    (4) Emergency preparedness and response and contingency planning;
    (5) Sec. rity equipment and systems and their operational 
limitations;
    (6) Methods of conducting audits, inspection, control, and 
monitoring; and
    (7) Techniques for security training and education, including 
security measures and procedures.

[[Page 398]]

    (c) In addition to the knowledge and training in paragraph (b) of 
this section, the CSO must have general knowledge, through training or 
equivalent job experience, in the following, as appropriate:
    (1) Relevant international conventions, codes, and recommendations;
    (2) Relevant government legislation and regulations;
    (3) Responsibilities and functions of other security organizations;
    (4) Methodology of Facility Sec. rity Assessment.
    (5) Methods of OCS facility security surveys and inspections;
    (6) Handling sensitive security information (SSI) and security 
related communications;
    (7) Knowledge of current security threats and patterns;
    (8) Recognition and detection of dangerous substances and devices;
    (9) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (10) Techniques used to circumvent security measures;
    (11) Methods of physical screening and non-intrusive inspections; 
and
    (12) Conducting and assessing security drills and exercises.
    (13) Knowledge of TWIC requirements.
    (d) Responsibilities. In addition to any other duties required by 
this part, for each OCS facility for which the CSO is responsible, the 
CSO must:
    (1) Keep the OCS facility apprised of potential threats or other 
information relevant to its security;
    (2) Ensure that a Facility Sec. rity Assessment (FSA) is carried out 
in compliance with this part;
    (3) Ensure that a Facility Sec. rity Plan (FSP) is developed, 
approved, maintained, and implemented in compliance with this part;
    (4) Ensure that the FSP is modified when necessary to comply with 
this part;
    (5) Ensure that OCS facility security activities are audited in 
compliance with this part;
    (6) Ensure the timely correction of problems identified by audits or 
inspections;
    (7) Enhance security awareness and vigilance within the owner's or 
operator's organization;
    (8) Ensure relevant personnel receive adequate security training in 
compliance with this part;
    (9) Ensure communication and cooperation between the OCS facility 
and vessels that interface with it, in compliance with this part;
    (10) Ensure consistency between security requirements and safety 
requirements in compliance with this part;
    (11) Ensure that if a common FSP is prepared for more than one 
similar OCS facility, the FSP reflects any OCS facility specific 
characteristics; and
    (12) Ensure compliance with an Alternative Sec. rity Program or 
equivalents approved under this subchapter, if appropriate.
    (13) Ensure the TWIC program is being properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, 
Jan. 25, 2007]



Sec. 106.210  OCS Facility Sec. rity Officer (FSO).

    (a) General. (1) The FSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the FSO of each such OCS 
facility.
    (2) The same person may serve as the FSO for more than one OCS 
facility, provided the facilities are within a reasonable proximity to 
each other. If a person serves as the FSO for more than one OCS 
facility, the name of each OCS facility for which he or she is the FSO 
must be listed in the Facility Sec. rity Plan (FSP) of each OCS facility 
for which he or she is the FSO.
    (3) The FSO may assign security duties to other OCS facility 
personnel; however, the FSO remains responsible for these duties.
    (4) The FSO must maintain a TWIC.
    (b) Qualifications. The FSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Those items listed in Sec. 106.205(b), and as appropriate Sec. 
106.205(c), of this part;
    (2) OCS facility layout;

[[Page 399]]

    (3) The FSP and related procedures; and
    (4) Operation, testing and maintenance of security equipment and 
systems.
    (c) Responsibilities. In addition to any other responsibilities 
specified elsewhere in this part, the FSO must, for each OCS facility 
for which he or she has been designated:
    (1) Regularly inspect the OCS facility to ensure that security 
measures are maintained in compliance with this part;
    (2) Ensure the maintenance of and supervision of the implementation 
of the FSP, and any amendments to the FSP, in compliance with this part;
    (3) Ensure the coordination and handling of stores and industrial 
supplies in compliance with this part;
    (4) Where applicable, propose modifications to the FSP to the 
Company Sec. rity Officer (CSO);
    (5) Ensure that any problems identified during audits or inspections 
are reported to the CSO, and promptly implement any corrective actions;
    (6) Ensure security awareness and vigilance on board the OCS 
facility;
    (7) Ensure adequate security training for OCS facility personnel in 
compliance with this part;
    (8) Ensure the reporting and recording of all security incidents in 
compliance with this part;
    (9) Ensure the coordinated implementation of the FSP with the CSO;
    (10) Ensure that security equipment is properly operated, tested, 
calibrated and maintained in compliance with this part;
    (11) Ensure consistency between security requirements and the proper 
treatment of OCS facility personnel affected by those requirements;
    (12) Ensure that occurrences that threaten the security of the OCS 
facility are recorded and reported to the CSO;
    (13) Ensure that when changes in the MARSEC Level are attained they 
are recorded and reported to the CSO, OCS facility owner or operator, 
and the cognizant District Commander; and
    (14) Have prompt access to a copy of the FSA, along with an approved 
copy of the FSP.
    (15) Ensure the TWIC program is properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3585, Jan. 25, 2007



Sec. 106.215  Company or OCS facility personnel with security duties.

    Company and OCS facility personnel responsible for security duties 
must maintain a TWIC, and must have knowledge, through training or 
equivalent job experience, in the following, as appropriate:
    (a) Knowledge of current and anticipated security threats and 
patterns.
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Recognition of techniques used to circumvent security measures;
    (e) Sec. rity related communications;
    (f) Knowledge of emergency procedures and contingency plans;
    (g) Operation of security equipment and systems;
    (h) Testing, calibration, and maintenance of security equipment and 
systems;
    (i) Inspection, control, and monitoring techniques;
    (j) Methods of physical screenings of persons, personal effects, 
stores and industrial supplies;
    (k) Familiarity with all relevant aspects of the TWIC program and 
how to carry them out;
    (l) Relevant provisions of the Facility Sec. rity Plan (FSP); and
    (m) The meaning and the consequential requirements of the different 
MARSEC Levels.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended by USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]



Sec. 106.220  Sec. rity training for all other OCS facility personnel.

    All other OCS facility personnel, including contractors, whether 
part-time, full-time, temporary, or permanent, must have knowledge, 
through training or equivalent job experience, of the following, as 
appropriate:
    (a) Relevant provisions of the Facility Sec. rity Plan (FSP);

[[Page 400]]

    (b) The meaning and the consequential requirements of the different 
MARSEC Levels including emergency procedures and contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Recognition of techniques used to circumvent security measures.
    (f) Familiarity with all relevant aspects of the TWIC program and 
how to carry them out.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]



Sec. 106.225  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
facility personnel in assigned security duties at all MARSEC Levels and 
the effective implementation of the Facility Sec. rity Plan (FSP). They 
must enable the Facility Sec. rity Officer (FSO) to identify any related 
security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the FSP as the 
result of an increase in the MARSEC Level, provided the FSO reports 
attainment to the cognizant District Commander.
    (b) Drills. (1) From the date of the FSP approval, the FSO must 
ensure that at least one security drill is conducted every 3 months. 
Sec. rity drills may be held in conjunction with non-security drills, 
where appropriate.
    (2) Drills must test individual elements of the FSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the OCS facility, OCS facility 
personnel changes, the types of vessels calling at the OCS facility, and 
other relevant circumstances. Examples of drills include unauthorized 
entry to a restricted area, response to alarms, and notification of 
appropriate authorities.
    (3) If a vessel is conducting operations with the OCS facility on 
the date the OCS facility has planned to conduct any drills, the OCS 
facility may include, but cannot require, the vessel or vessel personnel 
to participate in the OCS facility's scheduled drill.
    (c) Exercises. (1) From the date of the FSP approval, exercises must 
be conducted at least once each calendar year, with no more than 18 
months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation;
    (iii) Combined with other appropriate exercises held; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be facility-specific or part of a cooperative 
exercise program.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the Facility Sec. rity Plan and must 
include substantial and active participation of relevant company and OCS 
facility personnel, and may include governmental authorities and vessels 
depending on the scope and the nature of the exercise.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.230  OCS facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Facility 
Sec. rity Officer (FSO) must keep records of the activities as set out in 
paragraph (b) of this section for at least 2 years and make them 
available to the Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized access, deletion, destruction, amendment, and disclosure. 
The following records must be kept:
    (1) Training. For training under Sec. 106.215, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
a description of the drill or exercise, a list of participants, and any 
best practices or lessons learned which may improve the FSP;

[[Page 401]]

    (3) Incidents and breaches of security. Date and time of occurrence, 
location within the OCS facility, a description of the incident or 
breach, the identity of the individual to whom it was reported, and a 
description of the response;
    (4) Changes in MARSEC Levels. Date and time of the notification 
received, and the time of compliance with additional requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, record the 
date and time, and the specific security equipment involved;
    (6) Sec. rity threats. Date and time of occurrence, how the threat 
was communicated, who received or identified the threat, a description 
of the threat, to whom it was reported, and a description of the 
response;
    (7) Declaration of Sec. rity (DoS). A copy of each DoS for at least 
90 days after the end of its effective period; and
    (8) Annual audit of the Facility Sec. rity Plan (FSP). For each 
annual audit, a letter certified by the FSO stating the date the audit 
was conducted.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.235  Maritime Sec. rity (MARSEC) Level coordination and implementation.

    (a) The OCS facility owner or operator must ensure the OCS facility 
operates in compliance with the security requirements in this part for 
the MARSEC Level in effect for the OCS facility.
    (b) When notified of an increase in the MARSEC Level, the OCS 
facility owner or operator must ensure:
    (1) Vessels conducting operations with the OCS facility and vessels 
scheduled to arrive at the OCS facility within 96 hours of the MARSEC 
Level change are notified of the new MARSEC Level and the Declaration of 
Sec. rity (DoS), if applicable, is revised as necessary;
    (2) The OCS facility complies with the required additional security 
measures within 12 hours; and
    (3) The OCS facility reports compliance or noncompliance to the 
cognizant District Commander.
    (c) For MARSEC Levels 2 and 3, the Facility Sec. rity Officer (FSO) 
must inform all OCS facility personnel about identified threats, 
emphasize reporting procedures, and stress the need for increased 
vigilance.
    (d) An OCS facility owner or operator whose facility is not in 
compliance with the requirements of this section must so inform the 
cognizant District Commander and obtain approval prior to interfacing 
with another vessel or prior to continuing operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



Sec. 106.240  Communications.

    (a) The Facility Sec. rity Officer (FSO) must have a means to 
effectively notify OCS facility personnel of changes in security 
conditions at the OCS facility.
    (b) Communication systems and procedures must allow effective and 
continuous communications between the OCS facility security personnel, 
vessels interfacing with the OCS facility, the cognizant District 
Commander, and national and local authorities with security 
responsibilities.
    (c) Facility communications systems must have a backup means for 
both internal and external communications.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



Sec. 106.245  Procedures for interfacing with vessels.

    The OCS facility owner or operator must ensure that there are 
measures for interfacing with vessels at all MARSEC Levels.



Sec. 106.250  Declaration of Sec. rity (DoS).

    (a) Each OCS facility owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from 
vessels.
    (b) At MARSEC Level 1, owners or operators of OCS facilities 
interfacing with a manned vessel carrying Certain Dangerous Cargoes, in 
bulk, must:
    (1) Prior to the arrival of a vessel to the OCS facility, ensure the 
Facility Sec. rity Officer (FSO) and Master, Vessel Sec. rity Officer 
(VSO), or their designated representatives coordinate

[[Page 402]]

security needs and procedures, and agree upon the contents of a DoS for 
the period of time the vessel is at the OCS facility; and
    (2) Upon the arrival of the vessel at the OCS facility, the FSO and 
Master, VSO, or their designated representatives, must sign the written 
DoS.
    (c) Neither the OCS facility nor the vessel may embark or disembark 
personnel, or transfer stores or industrial supplies until the DoS has 
been signed.
    (d) At MARSEC Levels 2 and 3, the FSOs of OCS facilities interfacing 
with manned vessels subject to part 104 of this chapter, or their 
designated representatives, must sign and implement DoSs as required in 
paragraphs (b)(1) and (b)(2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of OCS facilities that frequently 
interface with the same vessel may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for a specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond that contained in the 
DoS, the continuing DoS is void and a new DoS must be executed in 
accordance with this section.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec. 106.255  Sec. rity systems and equipment maintenance.

    (a) Sec. rity systems and equipment must be in good working order and 
inspected, tested, calibrated, and maintained according to 
manufacturers' recommendations.
    (b) Sec. rity systems must be regularly tested in accordance with the 
manufacturers' recommendations; noted deficiencies corrected promptly; 
and the results recorded as required in Sec. 106.230(b)(5) of this 
part.
    (c) The Facility Sec. rity Plan (FSP) must include procedures for 
identifying and responding to security system and equipment failures or 
malfunctions.



Sec. 106.260  Sec. rity measures for access control.

    (a) General. The OCS facility owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, or the OCS facility;
    (2) Sec. re dangerous substances and devices that are authorized by 
the OCS facility owner or operator to be on board;
    (3) Control access to the OCS facility; and
    (4) Prevent an unescorted individual from entering the OCS facility 
unless the individual holds a duly issued TWIC and is authorized to be 
on the OCS facility.
    (b) The OCS facility owner or operator must ensure that the 
following are specified:
    (1) All locations providing means of access to the OCS facility 
where access restrictions or prohibitions are applied for each security 
level to prevent unauthorized access, including those points where TWIC 
access control procedures will be applied;
    (2) The identification of the types of restriction or prohibition to 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC and the means by which they will be allowed access 
to the OCS facility; and
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level.
    (c) The OCS facility owner or operator must ensure that a TWIC 
program is implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance with Sec. 101.514 of this subchapter. Inspection 
must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.

[[Page 403]]

    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the facility and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than seven consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec. 101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (c)(2) of this section, he or she may 
not be granted unescorted access to the secure area. The individual must 
be under escort, as that term is defined in part 101 of this subchapter, 
at all times when inside of a secure area.
    (4) With the exception of persons granted access according to 
paragraph (c)(2) of this section, all persons granted unescorted access 
to secure areas of the facility must be able to produce his or her TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The facility's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
vessels or other transportation conveyances that use the facility.
    (d) If the OCS facility owner or operator uses a separate 
identification system, ensure that it is coordinated with identification 
and TWIC systems in place on vessels conducting operations with the OCS 
facility.
    (e) The OCS facility owner or operator must establish in the 
approved Facility Sec. rity Plan (FSP) the frequency of application of 
any access controls, particularly if they are to be applied on a random 
or occasional basis.
    (f) MARSEC Level 1. The OCS facility owner or operator must ensure 
the following security measures are implemented at the facility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons and personal effects going aboard the OCS 
facility for dangerous substances and devices at the rate specified in 
the approved FSP;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly stating that:
    (i) Boarding an OCS facility is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to be on board;
    (4) Check the identification of any person seeking to board the OCS 
facility, including OCS facility employees, passengers and crews of 
vessels interfacing with the OCS facility, vendors, and visitors and 
ensure that non-TWIC holders are denied unescorted access to the OCS 
facility;
    (5) Deny or revoke a person's authorization to be on board if the 
person is unable or unwilling, upon the request of OCS facility 
personnel or a law enforcement officer, to establish his or her identity 
in accordance with this part or to account for his or her presence on 
board. Any such incident must be reported in compliance with this part;
    (6) Deter unauthorized access to the OCS facility;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces that 
adjoin areas to which OCS facility personnel and visitors have access;
    (9) Ensure OCS facility personnel are not required to engage in or 
be subjected to screening, of the person or of personal effects, by 
other OCS facility personnel, unless security clearly requires it;
    (10) Provide a designated secure area on board, or in liaison with a 
vessel interfacing with the OCS facility, for conducting inspections and 
screening of people and their personal effects; and
    (11) Respond to the presence of unauthorized persons on board.

[[Page 404]]

    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved FSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of screening of people and 
personal effects embarking onto the OCS facility as specified for MARSEC 
Level 2 in the approved FSP;
    (2) Assigning additional personnel to patrol deck areas during 
periods of reduced OCS facility operations to deter unauthorized access;
    (3) Limiting the number of access points to the OCS facility by 
closing and securing some access points; or
    (4) Deterring waterside access to the OCS facility, which may 
include, providing boat patrols.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. The 
additional security measures may include:
    (1) Screening all persons and personal effects for dangerous 
substances and devices;
    (2) Being prepared to cooperate with responders;
    (3) Limiting access to the OCS facility to a single, controlled 
access point;
    (4) Granting access to only those responding to the security 
incident or threat thereof;
    (5) Suspending embarkation and/or disembarkation of personnel;
    (6) Suspending the loading of stores or industrial supplies;
    (7) Evacuating the OCS facility; or
    (8) Preparing for a full or partial search of the OCS facility.

[USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]



Sec. 106.262  Sec. rity measures for newly-hired employees.

    (a) Newly-hired OCS facility employees may be granted entry to 
secure areas of the OCS facility for up to 30 consecutive calendar days 
prior to receiving their TWIC provided all of the requirements in 
paragraph (b) of this section are met, and provided that the new hire is 
accompanied by an individual with a TWIC while within the secure areas 
of the OCS facility. If TSA does not act upon a TWIC application within 
30 days, the cognizant Coast Guard COTP may further extend access to 
secure areas for another 30 days. The Coast Guard will determine 
whether, in particular circumstances, certain practices meet the 
condition of a new hire being accompanied by another individual with a 
TWIC. The Coast Guard will issue guidance for use in making these 
determinations.
    (b) Newly-hired OCS facility employees may be granted the access 
provided for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The OCS 
facility owner or operator or Facility Sec. rity Officer (FSO) must have 
th enew hire sign a statement affirming this, and must retain the signed 
statement until the new hire receives a TWIC;
    (2) The OCS facility owner or operator or the FSO enters the 
following information on the new hire into the Coast Guard's Homeport 
Web site (http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment.
    (3) The new hire presents an identification credential that meets 
the requirements of Sec. 101.515 of this subchapter;
    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the OCS 
facility owner or operator or FSO have not been informed by the 
cognizant COTP that the individual poses a security threat; and
    (5) There would be an adverse impact to OCS facility operations if 
the new hire is not allowed access.

[[Page 405]]

    (c) This section does not apply to any individual being hired as a 
Company Sec. rity Officer or FSO, or any individual being hired to 
perform OCS facility security duties.
    (d) The new hire may not begin working at the OCS facility under the 
provisions of this section until the owner, operator, or FSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3587, Jan. 25, 2007]



Sec. 106.265  Sec. rity measures for restricted areas.

    (a) General. The OCS facility owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be in the OCS facility;
    (3) Protect the OCS facility;
    (4) Protect vessels using and serving the OCS facility;
    (5) Protect sensitive security areas within the OCS facility;
    (6) Protect security and surveillance equipment and systems; and
    (7) Protect stores and industrial supplies from tampering.
    (b) Designation of restricted areas. The OCS facility owner or 
operator must ensure restricted areas are designated within the OCS 
facility. They must also ensure that all restricted areas are clearly 
marked and indicate that access to the area is restricted and that 
unauthorized presence within the area constitutes a breach of security. 
The OCS facility owner or operator may designate the entire OCS facility 
as a restricted area. Restricted areas must include, as appropriate:
    (1) Areas containing sensitive security information;
    (2) Areas containing security and surveillance equipment and systems 
and their controls, and lighting system controls; and
    (3) Areas containing critical OCS facility infrastructure equipment, 
including:
    (i) Water supplies;
    (ii) Telecommunications;
    (iii) Power distribution system;
    (iv) Access points for ventilation and air-conditioning systems;
    (v) Manufacturing areas and control rooms;
    (vi) Areas designated for loading, unloading or storage of stores 
and industrial supplies; and
    (vii) Areas containing hazardous materials.
    (c) The OCS facility owner or operator must ensure that the Facility 
Sec. rity Plan (FSP) includes measures for restricted areas to:
    (1) Identify which OCS facility personnel are authorized to have 
access;
    (2) Determine which persons other than OCS facility personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area; and
    (5) Define the times when access restrictions apply.
    (d) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Restricting access to only authorized personnel;
    (2) Sec. ring all access points not actively used and providing 
physical barriers to impede movement through the remaining access 
points;
    (3) Verifying the identification and authorization of all persons 
seeking entry;
    (4) Using security personnel, automatic intrusion detection devices, 
surveillance equipment, or surveillance systems to detect unauthorized 
entry to or movement within restricted areas; or
    (5) Designating temporary restricted areas to accommodate OCS 
facility operations. If temporary restricted areas are designated, the 
FSP must include security requirements to conduct a security sweep of 
the designated temporary restricted areas both before and after the area 
has been established.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC

[[Page 406]]

Level 2 in their approved FSP. These additional security measures may 
include:
    (1) Enhancing the effectiveness of the barriers surrounding 
restricted areas, for example, by the use of patrols or automatic 
intrusion detection devices;
    (2) Reducing the number of access points to restricted areas, and 
enhancing the controls applied at the remaining accesses;
    (3) Further restricting access to the restricted areas and movements 
and storage within them;
    (4) Using continuously monitored and recorded surveillance 
equipment;
    (5) Increasing the number and frequency of patrols, including the 
use of waterborne patrols; or
    (6) Restricting access to areas adjacent to the restricted areas.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS 
facility owner or operator must ensure the implementation of additional 
security measures, as specified for MARSEC Level 3 in their approved 
FSP. These additional security measures may include:
    (1) Restricting access to additional areas;
    (2) Prohibiting access to restricted areas; or
    (3) Searching restricted areas as part of a security sweep of all or 
part of the OCS facility.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.270  Sec. rity measures for delivery of stores and industrial supplies.

    (a) General. The OCS facility owner or operator must ensure that 
security measures relating to the delivery of stores or industrial 
supplies to the OCS facility are implemented to:
    (1) Check stores or industrial supplies for package integrity;
    (2) Prevent stores or industrial supplies from being accepted 
without inspection;
    (3) Deter tampering; and
    (4) Prevent stores and industrial supplies from being accepted 
unless ordered. For any vessels that routinely use an OCS facility, an 
OCS facility owner or operator may establish and implement standing 
arrangements between the OCS facility, its suppliers, and any vessel 
delivering stores or industrial supplies regarding notification and the 
timing of deliveries and their documentation.
    (b) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of measures to:
    (1) Inspect stores or industrial supplies before being accepted; and
    (2) Check that stores or industrial supplies match the order prior 
to being brought on board.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved 
Facility Sec. rity Plan (FSP). These additional security measures may 
include:
    (1) Intensifying inspection of the stores or industrial supplies 
during delivery; or
    (2) Checking stores or industrial supplies prior to receiving them 
on board.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facility owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved FSP. These additional 
security measures may include:
    (1) Checking all OCS facility stores or industrial supplies more 
extensively;
    (2) Restricting or suspending delivery of stores or industrial 
supplies; or
    (3) Refusing to accept stores or industrial supplies on board.



Sec. 106.275  Sec. rity measures for monitoring.

    (a) General. (1) The OCS facility owner or operator must ensure the 
implementation of security measures in this section and have the 
capability to

[[Page 407]]

continuously monitor, through a combination of lighting, watchkeepers, 
security guards, deck watches, waterborne patrols, automatic intrusion-
detection devices, or surveillance equipment as specified in their 
approved Facility Sec. rity Plan (FSP), the:
    (i) OCS facility;
    (ii) Restricted areas on board the OCS facility; and
    (iii) The area surrounding the OCS facility.
    (2) The following must be considered when establishing the 
appropriate level and location of lighting:
    (i) OCS facility personnel should be able to detect activities on 
and around OCS facilities;
    (ii) Coverage should facilitate personnel identification at access 
points; and
    (iii) Lighting effects, such as glare, and their impact on safety, 
navigation, and other security activities.
    (b) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of security measures, which may 
be implemented in coordination with a vessel interfacing with the OCS 
facility, to:
    (1) Monitor the OCS facility, particularly OCS facility access 
points and restricted areas;
    (2) Be able to conduct emergency searches of the OCS facility;
    (3) Ensure that equipment or system failures or malfunctions are 
identified and corrected;
    (4) Ensure that any automatic intrusion detection device, sets off 
an audible or visual alarm, or both, at a location that is continuously 
attended or monitored; and
    (5) Light deck and OCS facility access points during the period 
between sunset and sunrise and periods of limited visibility 
sufficiently to allow visual identification of persons seeking access to 
the OCS facility.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Increasing the frequency and detail of security patrols;
    (2) Using (if not already in use) or increasing the use of security 
and surveillance equipment;
    (3) Assigning additional personnel as security lookouts; or
    (4) Coordinating with boat patrols, when provided.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facility owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved FSP. These additional 
security measures may include:
    (1) Cooperating with responders;
    (2) Switching on all lights;
    (3) Switching on all surveillance equipment capable of recording 
activities on, or in the vicinity of, the OCS facility;
    (4) Maximizing the length of time such surveillance equipment (if 
not already in use) can continue to record; or
    (5) Preparing for underwater inspection of the OCS facility.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec. 106.280  Sec. rity incident procedures.

    For each MARSEC Level, the OCS facility owner or operator must 
ensure the Facility Sec. rity Officer (FSO) and OCS facility security 
personnel are able to:
    (a) Respond to security threats or breaches of security and maintain 
critical OCS facility and OCS facility-to-vessel interface operations;
    (b) Deny access to the OCS facility, except to those responding to 
an emergency;
    (c) Evacuate the OCS facility in case of security threats or 
breaches of security; and
    (d) Report security incidents as required in Sec. 101.305 of this 
subchapter;
    (e) Brief all OCS facility personnel on possible threats and the 
need for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and

[[Page 408]]

    (f) Sec. re non-critical operations in order to focus response on 
critical operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



  Subpart C_Outer Continental Shelf (OCS) Facility Sec. rity Assessment 
                                  (FSA)



Sec. 106.300  General.

    (a) The Facility Sec. rity Assessment (FSA) is a written document 
that is based on the collection of background information, the 
completion of an on-scene survey and an analysis of that information.
    (b) A single FSA may be performed and applied to more than one OCS 
facility to the extent they share physical characteristics, location, 
and operations.
    (c) Third parties may be used in any aspect of the FSA if they have 
the appropriate skills and if the Company Sec. rity Officer (CSO) reviews 
and accepts their work.
    (d) Those involved in a FSA must be able to draw upon expert 
assistance in the following areas, as appropriate:
    (1) Knowledge of current and anticipated security threats and 
patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Recognition of techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on structures and 
essential services;
    (7) OCS facility security requirements;
    (8) OCS facility and vessel interface business practices;
    (9) Contingency planning, emergency preparedness and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine or civil engineering; and
    (13) OCS facility and vessel operations.



Sec. 106.305  Facility Sec. rity Assessment (FSA) requirements.

    (a) Background. The OCS facility owner or operator must ensure that 
the following background information, if applicable, is provided to the 
person or persons who will conduct the assessment:
    (1) The general layout of the OCS facility, including:
    (i) The location of each access point to the OCS facility;
    (ii) The number, reliability, and security duties of OCS facility 
personnel;
    (iii) Sec. rity doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to maintain 
essential services;
    (vi) The essential maintenance equipment and storage areas;
    (vii) Location of escape and evacuation routes and assembly 
stations; and
    (viii) Existing security and safety equipment for protection of 
personnel;
    (2) Response procedures for fire or other emergency conditions;
    (3) Procedures for monitoring OCS facility and vessel personnel;
    (4) Procedures for controlling keys and other access prevention 
systems;
    (5) Response capability for security incidents;
    (6) Threat assessments, including the purpose and methodology of the 
assessment, for the OCS facility's location;
    (7) Previous reports on security needs; and
    (8) Any other existing security procedures and systems, equipment, 
communications, and OCS facility personnel.
    (b) On-scene survey. The OCS facility owner or operator must ensure 
that an on-scene survey of each OCS facility is conducted. The on-scene 
survey examines and evaluates existing OCS facility protective measures, 
procedures, and operations to verify or collect the information required 
in paragraph (a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, the OCS 
owner or operator must ensure that the Company Sec. rity Officer (CSO) 
analyzes the OCS facility background information and the on-scene 
survey, and considering the requirements of this part,

[[Page 409]]

provides recommendations to establish and prioritize the security 
measures that should be included in the FSP. The analysis must consider:
    (1) Each vulnerability found during the on-scene survey, including 
but not limited to:
    (i) Access to the OCS facility;
    (ii) Structural integrity of the OCS facility;
    (iii) Existing security measures and procedures, including 
identification systems;
    (iv) Existing security measures and procedures relating to essential 
services;
    (v) Measures to protect radio and telecommunication equipment, 
including computer systems and networks;
    (vi) Existing agreements with private security companies;
    (vii) Any conflicting policies between safety and security measures 
and procedures;
    (viii) Any conflicting OCS facility operations and security duty 
assignments;
    (ix) Any deficiencies identified during daily operations or training 
and drills; and
    (x) Any deficiencies identified following security incidents or 
alerts, the report of security concerns, the exercise of control 
measures, or audits.
    (2) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the OCS facility or of a vessel 
adjacent to the OCS facility;
    (ii) Smuggling dangerous substances and devices;
    (iii) Use of a vessel interfacing with the OCS facility to carry 
those intending to cause a security incident and their equipment;
    (iv) Use of a vessel interfacing with the OCS facility as a weapon 
or as a means to cause damage or destruction; and
    (v) Effects of a nuclear, biological, radiological, explosive, or 
chemical attack to the OCS facility's shoreside support system;
    (3) Threat assessments by Government agencies;
    (4) Vulnerabilities, including human factors, in the OCS facility's 
infrastructure, policies and procedures;
    (5) Any particular aspects of the OCS facility, including the 
vessels that interface with the OCS facility, which make it likely to be 
the target of an attack;
    (6) Likely consequences, in terms of loss of life, damage to 
property, or economic disruption, of an attack on or at the OCS 
facility; and
    (7) Locations where access restrictions or prohibitions will be 
applied for each MARSEC Level.
    (d) FSA Report. (1) The OCS facility owner or operator must ensure 
that a written FSA report is prepared and included as a part of the FSP. 
The report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, including 
inspection, control and monitoring equipment, personnel identification 
documents and communication, alarm, lighting, access control, and 
similar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used to 
address each vulnerability;
    (v) A list of the key OCS facility operations that are important to 
protect; and
    (vi) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the OCS facility.
    (2) A FSA report must describe the following elements within the OCS 
facility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks; and
    (vi) Essential services.
    (3) The FSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) OCS facility personnel;
    (ii) Visitors, vendors, repair technicians, vessel personnel, etc.;
    (iii) OCS facility stores;
    (iv) Any security communication and surveillance systems; and

[[Page 410]]

    (v) Any other security systems, if any.
    (4) The FSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between personnel duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
personnel alertness and performance;
    (iv) Sec. rity training deficiencies; and
    (v) Sec. rity equipment and systems, including communication systems.
    (5) The FSA report must discuss and evaluate key OCS facility 
measures and operations, including--
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the OCS facility through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of OCS facility personnel and 
other persons and their effects (including personal effects and baggage, 
whether accompanied or unaccompanied);
    (iv) Supervising the delivery of stores and industrial supplies;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring deck areas and areas surrounding the OCS facility; 
and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The FSA, FSA report, and FSP must be protected from unauthorized 
access or disclosure.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec. 106.310  Submission requirements.

    (a) A completed FSA report must be submitted with the Facility 
Sec. rity Plan (FSP) required in Sec. 106.410 of this part.
    (b) An OCS facility owner or operator may generate and submit a 
report that contains the FSA for more than one OCS facility subject to 
this part, to the extent that they share similarities in physical 
characteristics, location and operations.
    (c) The FSA must be reviewed and validated, and the FSA report must 
be updated each time the FSP is submitted for reapproval or revisions.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



  Subpart D_Outer Continental Shelf (OCS) Facility Sec. rity Plan (FSP)



Sec. 106.400  General.

    (a) The OCS facility owner or operator must ensure the FSO develops 
and implements a Facility Sec. rity Plan (FSP) for each OCS facility for 
which he or she is designated as FSO. The FSP:
    (1) Must identify the FSO by name or position and provide 24-hour 
contact information;
    (2) Must be written in English;
    (3) Must address each vulnerability identified in the Facility 
Sec. rity Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one OCS facility to the extent that they 
share similarities in physical characteristics and operations, if 
authorized and approved by the cognizant District Commander.
    (b) The FSP must be submitted for approval to the cognizant District 
Commander in a written or electronic format in a manner prescribed by 
the cognizant District Commander.
    (c) The FSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the FSP is kept in an electronic format, procedures must be 
in place to prevent its unauthorized deletion, destruction, or 
amendment.



Sec. 106.405  Format and content of the Facility Sec. rity Plan (FSP).

    (a) An OCS facility owner or operator must ensure that the FSP 
consists of the individual sections listed in this paragraph (a). If the 
FSP does not follow the order as it appears in this paragraph, the OCS 
facility owner or operator must ensure that the FSP contains an index 
identifying the location of each of the following sections:


[[Page 411]]


    (1) Sec. rity organization of the OCS facility;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with vessels;
    (7) Declaration of Sec. rity (DoS);
    (8) Communications;
    (9) Sec. rity systems and equipment maintenance;
    (10) Sec. rity measures for access control;
    (11) Sec. rity measures for restricted areas;
    (12) Sec. rity measures for delivery of stores and industrial 
supplies;
    (13) Sec. rity measures for monitoring;
    (14) Sec. rity incident procedures;
    (15) Audits and FSP amendments; and
    (16) Facility Sec. rity Assessment (FSA) report.
    (b) The FSP must describe in detail how the requirements of Subpart 
B of this part will be met. FSPs that have been approved by the Coast 
Guard prior to March 26, 2007 do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the FSP.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended by USCG-2006-24196, 72 FR 3587, Jan. 25, 2007]



Sec. 106.410  Submission and approval.

    (a) On or before December 31, 2003, the owner or operator of each 
OCS facility currently in operation must either:
    (1) Submit one copy of the Facility Sec. rity Plan (FSP) for review 
and approval to the cognizant District Commander and a letter certifying 
that the FSP meets the applicable requirements of this part; or
    (2) If intending to operate under an Approved Sec. rity Program, 
submit a letter signed by the OCS facility owner or operator stating 
which approved Alternative Sec. rity Program the owner or operator 
intends to use.
    (b) Owners or operators of OCS facilities not in service on or 
before December 31, 2003, must comply with the requirements in paragraph 
(a) of this section 60 days prior to beginning operations or by December 
31, 2003, whichever is later.
    (c) The cognizant District Commander will examine each submission 
for compliance with this part and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than one OCS 
facility where they share similarities in physical characteristics, 
location, and operations.
    (e) Each OCS facility owner or operator that submits one FSP to 
cover two or more OCS facilities of similar design, location, and 
operation must address OCS facility-specific information that includes 
the physical and operational characteristics of each OCS facility.
    (f) An FSP that is approved by the cognizant District Commander is 
valid for 5 years from the date of its approval. The cognizant District 
Commander will issue an approval letter, as indicated in Sec. 106.115 
of this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Facility Sec. rity Plan (FSP) 
that are approved by the cognizant District Commander may be initiated 
by:
    (i) The OCS facility owner or operator; or
    (ii) The cognizant District Commander, upon a determination that an 
amendment is needed to maintain the OCS facility's security. The 
cognizant District Commander will give the OCS facility owner or 
operator written notice and request that the OCS facility owner or 
operator propose amendments addressing any matters specified in the 
notice. The OCS facility owner or operator will have at least 60 days to 
submit its proposed amendments. Until

[[Page 412]]

amendments are approved, the OCS facility owner or operator shall ensure 
temporary security measures are implemented to the satisfaction of the 
cognizant District Commander.
    (2) Proposed amendments must be sent to the cognizant District 
Commander. If initiated by the OCS facility owner or operator, the 
proposed amendment must be submitted at least 30 days before the 
amendment is to take effect unless the cognizant District Commander 
allows a shorter period. The cognizant District Commander will approve 
or disapprove the proposed amendment in accordance with Sec. 106.410 of 
this subpart.
    (3) Nothing in this section should be construed as limiting the OCS 
facility owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved FSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the cognizant District Commander by the 
most rapid means practicable as to the nature of the additional 
measures, the circumstances that prompted these additional measures, and 
the period of time these additional measures are expected to be in 
place.
    (4) If the owner or operator has changed, the Facility Sec. rity 
Officer (FSO) must amend the Facility Sec. rity Plan (FSP) to include the 
name and contact information of the new OCS facility owner(s) or 
operator(s) and submit the affected portion of the FSP for review and 
approval in accordance with Sec. 106.410 of this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP is performed 
annually, beginning no later than one year from the initial date of 
approval and attach a letter to the FSP certifying that the FSP meets 
the applicable requirements of this part.
    (2) If there is a change in ownership or operations of the OCS 
facility, or if there have been modifications to the OCS facility, the 
FSP must be audited including but not limited to physical structure, 
emergency response procedures, security measures, or operations.
    (3) Auditing the FSP as a result of modifications to the OCS 
facility may be limited to those sections of the FSP affected by the OCS 
facility modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the OCS facility, personnel conducting internal audits of the 
security measures specified in the FSP or evaluating its implementation 
must:
    (i) Have knowledge of methods of conducting audits and inspections, 
and control and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require an amendment of either the 
Facility Sec. rity Assessment (FSA) or FSP, the FSO must submit, in 
accordance with Sec. 106.410 of this subpart, the amendments to the 
cognizant District Commander for review and approval no later than 30 
days after completion of the audit and a letter certifying that the 
amended FSP meets the applicable requirements of this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60559, 
Oct. 22, 2003]



PART 107_NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND 
LIMITED ACCESS AREAS--Table of Contents




Subpart A [Reserved]

       Subpart B_Unauthorized Entry Into Cuban Territorial Waters

Sec. 
107.200 Definitions.
107.205 Purpose and delegation.
107.210 Applicability.
107.215 Regulations.
107.220 Permits.
107.225 Appeals.
107.230 Enforcement.
107.240 Continuation.

    Authority: 50 U.S.C. 191, 192, 194, 195; 14 U.S.C. 141; Presidential 
Proclamation 6867, 61 FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential 
Proclamation 7757, 69 FR 9515 (March 1, 2004); Sec. etary of Homeland 
Sec. rity Order 2004-001; Department of Homeland Sec. rity Delegation No. 
0170.1; and 33 CFR 1.05-1.

    Source: Order 2004-001, 69 FR 41372, July 8, 2004, unless otherwise 
noted.

Subpart A [Reserved]

[[Page 413]]



       Subpart B_Unauthorized Entry Into Cuban Territorial Waters



Sec. 107.200  Definitions.

    Unless otherwise specified, as used in this subpart:
    Auxiliary vessel includes every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water attached to, or embarked in, another vessel to 
which this subpart applies.
    Cuban territorial waters means the territorial sea and internal 
waters of Cuba determined in accordance with international law.
    Owner, agent, master, officer, or person in charge means the persons 
or entities that maintain operational control over any vessel subject to 
the requirements of this subpart.
    U.S. territorial waters has the same meaning as provided in 50 
U.S.C. 195.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, including auxiliary vessels.
    Vessel of the United States means--
    (1) A vessel documented under chapter 121 of title 46 or a vessel 
numbered as provided in chapter 123 of that title;
    (2) A vessel owned in whole or part by--
    (i) The United States or a territory, commonwealth, or possession of 
the United States;
    (ii) A State or political subdivision thereof;
    (iii) a citizen or national of the United States; or
    (iv) A corporation, partnership, association, trust, joint venture, 
limited liability company, limited liability partnership, or any other 
legal entity, created and authorized to own vessels under the laws of 
the United States or any State, the District of Columbia, or any 
territory, commonwealth, or possession of the United States; unless the 
vessel has been granted the nationality of a foreign nation in 
accordance with article 5 of the 1958 Convention on the High Seas and a 
claim of nationality or registry for the vessel is made by the master or 
individual in charge at the time of the enforcement action by an officer 
or employee of the United States authorized to enforce applicable 
provisions of United States law;
    (3) A vessel that was once documented under the laws of the United 
States and, in violation of the laws of the United States, was either 
sold to a person not a citizen of the United States or placed under 
foreign registry or a foreign flag, whether or not the vessel has been 
granted the nationality of a foreign nation;
    (4) A vessel without nationality as defined in 46 U.S.C. Appendix 
1903(c)(2)-(3); or
    (5) A vessel assimilated to a vessel without nationality, in 
accordance with paragraph (2) of article 6 of the 1958 Convention on the 
High Seas.



Sec. 107.205  Purpose and delegation.

    The purpose of this subpart is to implement Presidential 
Proclamation 7757, and Sec. etary of Homeland Sec. rity Order 2004-001. 
All powers and authorities granted to officers of the Coast Guard by 
this subpart may be delegated to other officers and agents of the Coast 
Guard unless otherwise prohibited by law.



Sec. 107.210  Applicability.

    (a) This subpart applies to:
    (1) Vessels of the United States less than 100 meters (328 feet) in 
length (and all associated auxiliary vessels) and the owners, agents, 
masters, officers, persons in charge, and members of the crew of such 
vessels, that depart U.S. territorial waters and thereafter enter Cuban 
territorial waters, regardless of whether such entry is made after an 
intervening entry into, passage through, or departure from any other 
foreign territory or territorial waters;
    (2) Vessels of the United States less than 100 meters (328 feet) in 
length (and all associated auxiliary vessels) and the owners, agents, 
masters, officers, persons in charge, and members of the crew of such 
vessels that are located at or get underway from a berth, pier, mooring, 
or anchorage in U.S. territorial waters, or depart U.S. territorial 
waters with the intent to enter Cuban territorial waters; and
    (3) Any person who knowingly fails to comply with this subpart or 
order given under this subpart, or knowingly

[[Page 414]]

obstructs or interferes with the exercise of any power conferred by this 
subpart.
    (b) This subpart does not apply to: Foreign vessels, as defined by 
46 U.S.C. 2101(12), public vessels, as defined by 46 U.S.C. 2101(24) 
operated for non-commercial purposes, or vessels of the United States 
entering Cuban territorial waters under force majeure.



Sec. 107.215  Regulations.

    (a) Each person or vessel to which this subpart applies may not get 
underway or depart from U.S. territorial waters without a written permit 
from the Commander, Seventh Coast Guard District, or the District 
Commander's designee. Permits may be obtained pursuant to the process 
established in Sec. 107.220. The owner, agent, master, or person in 
charge of the vessel must maintain the written permit for the vessel on 
board the vessel.
    (b) Each person or vessel to which this subpart applies must obey 
any oral or written order issued by a Coast Guard Area or District 
Commander, or their designees, who may issue oral or written orders to 
control the anchorage or movement of such vessels and persons. Designees 
include Captains of the Port, and commissioned, warrant and petty 
officers of the Coast Guard.
    (c) No person or vessel to which this subpart applies may obstruct 
or interfere with the exercise of any power conferred by this subpart.
    (d) Coast Guard commissioned, warrant and petty officers may go or 
remain on board a vessel subject to this subpart, may place guards on 
the subject vessel, may remove all persons not specifically authorized 
by the Coast Guard to go or remain on board the subject vessel, and may 
take full or partial possession or control of any such vessel or part 
thereof, or person on board. Such actions to be taken are in the 
discretion of the Coast Guard Area or District Commander, or their 
designees, as deemed necessary to ensure compliance with this subpart 
and any order given pursuant thereto.
    (e) Where there is a reasonable, articulable basis to believe a 
vessel to which this subpart applies intends to enter Cuban territorial 
waters, any Coast Guard commissioned, warrant, or petty officer may 
require the owners, agents, masters, officers, or persons in charge, or 
any member of the crew of any such vessel to provide verbal assurance 
that the vessel will not enter Cuban territorial waters as a condition 
for a vessel to get underway from a berth, pier, mooring, or anchorage 
in U.S. territorial waters, or to depart from U.S. territorial waters. A 
Coast Guard commissioned, warrant, or petty officer may require the 
owners, agents, masters, officers, or persons in charge of the vessel to 
identify all persons on board the vessel and provide verbal assurances 
that all persons on board have received actual notice of these 
regulations. The failure of an owner, agent, master, officer, or person 
in charge, or any member of the crew of any vessel (including all 
auxiliary vessels) to which this subpart applies to provide requested 
verbal assurances shall not be used as the sole basis for seizing the 
vessel for forfeiture under this subpart.
    (f) The provisions of this subpart are in addition to any powers 
conferred by law upon Coast Guard commissioned, warrant, or petty 
officers, and not in limitation of any powers conferred by law or 
regulation upon such officers, or any other officers of the United 
States.



Sec. 107.220  Permits.

    (a) Applications for a permit may be obtained by writing or calling 
the Chief of Operations at Commander, Seventh Coast Guard District (o), 
909 SE First Avenue, Miami, FL 33131, telephone (305) 415-6920, or by 
such other means as the District Commander may make available to the 
public. The completed application may be returned via regular mail or 
facsimile to the Chief of Operations at Commander, Seventh Coast Guard 
District (o), 909 SE First Avenue, Miami, FL 33131, facsimile (305) 415-
6925, or by other means prescribed by the District Commander for the 
convenience of the applicant.
    (b) All applications must be written in English and legible.
    (c) The information and documentation in this paragraph must be 
provided with the application in order for it to be complete and 
considered by the Coast Guard:
    (1) The name, address, and telephone number of the applicant;

[[Page 415]]

    (2) A copy of the valid vessel registration;
    (3) A copy of a valid and applicable license issued to the applicant 
by the U.S. Department of Commerce, Bureau of Industry and Sec. rity, 
pursuant to the Export Administration Regulations, 15 CFR chapter VII, 
subchapter C, parts 730-774 for the export of the vessel to Cuba; and
    (4) A copy of a valid and applicable specific license issued by the 
U.S. Department of the Treasury, Office of Foreign Assets Control 
(OFAC), pursuant to the Cuban Assets Control Regulations, 31 CFR part 
515, authorizing the applicant's travel-related transactions in Cuba. 
Applicants who do not require such an OFAC specific license shall make a 
written certification to that effect identifying which OFAC general 
license applies or explaining why no OFAC license is required.
    (d) Such applications must provide the documentation required by 
Sec. 107.220(c) for each person to which this subpart applies on board 
the particular vessel.
    (e) Upon receiving an application for a permit, the Seventh Coast 
Guard District Commander (o) has ten (10) calendar days from the receipt 
of the application to decide whether the application is complete and, if 
so, whether a permit will be issued or denied. Applicants will be 
notified in writing of the decision to issue or deny a permit. 
Incomplete applications will be returned to the applicant, along with 
the reasons why such application was deemed incomplete.



Sec. 107.225  Appeals.

    (a) Upon written notification by the Coast Guard that an application 
has been denied, the applicant may request the Seventh Coast Guard 
District Commander to reconsider. The request to reconsider must be in 
writing, must be made within five (5) business days from the date of 
receipt of the initial denial, and must contain complete supporting 
documentation and evidence which the applicant wishes to have 
considered. Requests for reconsideration must be mailed to Commander, 
Seventh Coast Guard District (d), 909 SE First Avenue, Miami, FL 33131.
    (b) Upon receipt of the request to reconsider, the Seventh Coast 
Guard District Commander may direct a representative to gather and 
submit documentation or other evidence, which, in the judgment of the 
Seventh District Commander, would be necessary or helpful to a 
resolution of the request. If gathered and submitted, a copy of this 
documentation and evidence shall be made available to the applicant. The 
applicant shall be afforded five (5) business days from the date of 
receipt of documentation and evidence gathered by the Seventh Coast 
Guard District Commander's representative to submit rebuttal materials. 
On or before the fifteenth (15th) calendar day following submission of 
all materials, the Seventh Coast Guard District Commander shall issue a 
ruling, in writing, on the request to reconsider. The ruling may reverse 
the initial denial, or, if the denial is upheld, must contain the 
specific basis for denial of the application upon reconsideration.
    (c) The Seventh Coast Guard District Commander's denial of a request 
for reconsideration taken under paragraph (b) of this section 
constitutes final agency action.



Sec. 107.230  Enforcement.

    (a) Unauthorized departure or entry, or both. (1) Vessels and 
persons to whom this subpart applies, as described in Sec. 
107.210(a)(1), that do not comply with Sec. 107.215(a), or any order 
issued pursuant to this subpart may be subject to a civil penalty of not 
more than $25,000 for each day of violation.
    (2) Vessels and persons to whom Sec. 107.230(a)(1) applies shall be 
held to a standard of strict liability for any entry into Cuban 
territorial waters without a permit or for failure to maintain the 
permit for the vessel on board the vessel as required under this 
subpart, except that strict liability will not be imposed if the failure 
to obtain or carry a permit results primarily from an act of war, force 
majeure, or the negligence of the United States.
    (b) Knowing failure to comply. Any person to whom this subpart 
applies as described in Sec. Sec. 107.210(a)(2) or (a)(3) who knowingly 
fails to comply with this

[[Page 416]]

subpart or order given under this subpart, or knowingly obstructs or 
interferes with the exercise of any power conferred by this subpart may 
be subject to:
    (1) Imprisonment for not more than 10 years;
    (2) A monetary penalty of not more than $10,000;
    (3) Seizure and forfeiture of the vessel; and
    (4) A civil penalty of not more than $25,000 for each day of 
violation.
    (c) False Statements. Violation of 18 U.S.C. 1001 may result in 
imprisonment for not more than five years or a fine, or both.
    (d) Other enforcement. The civil penalties provided for in this 
subpart are separate from and in addition to any enforcement action that 
any other agency may seek for violations of the statutes and regulations 
administered by such agencies.



Sec. 107.240  Continuation.

    This subpart will continue to be enforced so long as the national 
emergency with respect to Cuba, and the emergency authority relating to 
the regulation of the anchorage and movement of vessels declared in 
Proclamation 6867, and expanded in scope by Proclamation 7757, 
continues.

[[Page 417]]

                                  INDEX

                   SUBCHAPTER H_GENERAL MARITIME SECURITY

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Additional communication devices
                                                                 101.310
Additional requirements passenger vessels and ferries
                                                                 104.292
Alternatives
                                                                 101.120
Alternative Sec. rity Programs
                                               104.140, 105.140, 106.135
Amendment and audit
                                                        104.415, 106.415
AMS Plan review and approval
                                                                 103.510
Applicability
                             101.100, 103.100, 104.105, 105.105, 106.105
Approved Alternative Sec. rity Programs
                                                                 101.125
Area Maritime Sec. rity (AMS) Committee
                                                                 103.300
Area Maritime Sec. rity (AMS) Committee Responsibilities
                                                                 103.310
Area Maritime Sec. rity (AMS) Committee, composition of
                                                                 103.305
Area Maritime Sec. rity (AMS) Plan
                                                     Part 103, Subpart c
Area Maritime Sec. rity (AMS) Plan elements
                                                                 103.505
Area Maritime Sec. rity (AMS) Plan review and approval
                                                                 103.510

                                 C

Communications (vessel)
                                                                 104.245
Communications (facility)
                                                                 105.235
Communications (OCS)
                                                                 106.240
Company Sec. rity Officer (CSO)
                                                        104.210, 106.205
Company or vessel personnel with security duties
                                                                 104.220
Compliance dates
                                                        104.115, 106.110
Compliance documentation
                                                                 104.120
Control and Compliance Measures
                                                                 101.410
Cuban Territorial Waters - Unauthorized Entry
                                                     part 107, Subpart B
Appeals..........................................................107.225
Applicability....................................................107.210
Continuation.....................................................107.240
Definitions......................................................107.200
Enforcement......................................................107.230
Permits..........................................................107.220
Purpose and delegation...........................................107.205
Regulations......................................................107.215

                                 D

Declaration of Sec. rity (DoS)
                                      101.505, 104.255, 105.245, 106.250
Definitions
                             101.105, 103.105, 104.100, 105.100, 106.100
Department of Homeland Sec. rity alignment
                                                                 101.205
Designation of the Federal Maritime Sec. rity Coordinator (FMSC) 
                                                                 103.200
Drill and exercise requirements
                                               104.230, 105.220, 106.225

[[Page 418]]

                                 E

Enforcement
                                                                 101.400
Equivalents
                                               104.135, 105.135, 106.130
Equivalent security measures
                                                                 101.130
Exemptions
                                                        104.110, 105.110
Exercises
                                                                 103.515

                                 F

Facility Sec. rity Assessment (FSA)
                                                     Part 105, Subpart C
Facility Sec. rity Assessment (FSA) requirements
                                                        105.305, 106.305
Facility Sec. rity Officer (FSO)
                                                        105.205, 106.210
Facility Sec. rity Plan (FSP)
                                                     Part 105, Subpart D
Facility Sec. rity Requirements
                                                     Part 105, Subpart B
Federal Maritime Sec. rity Coordinator (FMSC) Authority
                                                                 103.205

                                 G

General
                                                                 104.400

                                 I

Incorporation by reference
                                                                 101.115

                                 M

MARSEC Levels
                                                                 101.200
MARSEC level coordination and implementation
                                                                 104.240
Maritime Sec. rity:
Area Maritime Sec. rity...............................................103
Facilities...........................................................105
Outer Continental Shelf (OCS) Facilities.............................106
Vessels..............................................................104
Maritime Sec. rity (MARSEC) Directives
                                 101.405, 102, 104.145, 105.145, 106.140

                                 N

Noncompliance
                                                        104.125, 106.120

                                 O

Outer Continental Shelf (OCS) Facility Sec. rity Assessment (FSA) 
                                                     Part 106, Subpart C
Outer Continental Shelf (OCS) Facility Sec. rity Plan (FSP)
                                                     Part 106, Subpart D
Owner or operator
                                                                 106.200

                                 P

Penalties
                                                                 101.415
Personal identification
                                                                 101.515
Persons involved in the Area Maritime Sec. rity Assessment
                                                                 103.410
Preparedness communications
                                                                 101.300
Purpose
                                                                 101.100

                                 R

Recognized Sec. rity Organization (RSO), procedures for authorizing
                                                                 101.500
Recordkeeping
                                      103.520, 104.235, 105.225, 106.230
Reporting
                                                                 101.305

[[Page 419]]

Right to appeal
                                               101.420, 104.150, 106.145

                                 S

Sec. rity incident procedures
                                                        104.290, 105.280
Submission and approval
                                                        104.410, 106.410
Submission requirements
                                                        104.310, 106.310

                                 V

Vessel Sec. rity Assessment (VSA)
                                                     Part 104, Subpart C
Vessel Sec. rity Assessment (VSA)
                                                    requirements 104.305
Vessel Sec. rity Officer (VSO)
                                                                 104.215
Vessel Sec. rity Plan (VSP)
                                                     Part 104, Subpart D
VSP Submission and approval
                                                                 104.410

                                 W

Waivers
                                               104.130, 105.130, 106.125

[[Page 420]]



                         SUBCHAPTER I_ANCHORAGES





PART 109_GENERAL--Table of Contents




Sec. 
109.01 Purpose.
109.05 Anchorage grounds.
109.07 Anchorages under Ports and Waterways Safety Act.
109.10 Special anchorage areas.
109.15 Enforcement proceedings.
109.20 Publication; notice of proposed rule making.

    Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 
98, as amended, Sec. 7, 38 Stat. 1053, as amended, Sec. 6(g)(1), 80 
Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. 1655(g)(1); Pub. L. 
107-296, 116 Stat. 2135; Department of Transportation Order 11001, March 
31, 1967, 49 CFR 1.4(a)(3).



Sec. 109.01  Purpose.

    The purpose of the rules and regulations in this subchapter is to 
implement certain laws and set forth the requirements for anchorage 
areas.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998]



Sec. 109.05  Anchorage grounds.

    (a) Sec. ion 7 of the River and Harbor Act of March 4, 1915 (33 
U.S.C. 471), authorizes the establishment of anchorage grounds for 
vessels in navigable waters of the United States whenever it is apparent 
that these are required by the maritime or commercial interests of the 
United States for safe navigation. The statute also authorizes the 
adoption of suitable rules and regulations regarding the establishment 
of anchorage grounds, which are enforced by the Coast Guard. The 
authority conferred by this statute was transferred to and vested in the 
Sec. etary of Transportation by section 6(g)(1)(A) of the Department of 
Transportation Act (80 Stat. 931) and delegated to the Commandant of the 
U.S. Coast Guard in Sec. 1.46 of Title 49 CFR, and redelegated the 
authority to establish anchorage grounds to each Coast Guard District 
Commander in Sec. 1.05-1(e)(1)(i) of this title.
    (b) District Commanders will, whenever matters relating to the 
anchorage of vessels are under consideration, ascertain the view of the 
District and Division Engineer, Corps of Engineers, U.S. Army, and the 
proper representatives of other departments likely to be interested, 
including the Commandant of the Naval District concerned and the medical 
officer in charge of the quarantine station at localities where 
quarantine anchorages are involved, in order that they may arrange for 
suitable representation at such hearings. The views of the medical 
officer in charge of the quarantine station relating to the proposed 
location and boundaries of the quarantine anchorage will be accepted 
insofar as practicable and consistent with the establishment of other 
anchorage areas. (An Act of Congress approved July 1, 1944, as amended 
(42 U.S.C. 267), authorizes the Surgeon General, with the approval of 
the Sec. etary of Health, Education, and Welfare, to designate the 
boundaries of the quarantine grounds and quarantine anchorages for 
vessels which are reserved for use at each United States quarantine 
station.) A notice of public hearing concerning changes to the Anchorage 
Regulations will be issued by the District Commander and will be mailed 
to all known interested parties. After providing an opportunity for 
public participation, the District Commander will, if circumstances so 
warrant, issue changes to the Anchorage Regulations, or in appropriate 
cases forward recommendations for such changes to the Commandant.
    (c) As soon as publication has been noted in the Federal Register, 
the District Commander will publish changes to the Anchorage Regulations 
in the Local Notice to Mariners.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998]

[[Page 421]]



Sec. 109.07  Anchorages under Ports and Waterways Safety Act.

    The provisions of section 4 (a) and (b) of the Ports and Waterways 
Safety Act as delegated to the Commandant of the U.S. Coast Guard in 
Pub. L. 107-296, 116 Stat. 2135, authorize the Commandant to specify 
times of movement within ports and harbors, restrict vessel operations 
in hazardous areas and under hazardous conditions, and direct the 
anchoring of vessels. The sections listed in Sec. 110.1a of this 
subchapter are regulated under the Ports and Waterways Safety Act.

(33 U.S.C. 1221 et seq.; 33 U.S.C. 471; 49 U.S.C. 1655(g)(1); 49 CFR 
1.46(n); 49 CFR 1.46(c)(1))

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, as amended by USCG-2003-14505, 
68 FR 9535, Feb. 28, 2003]



Sec. 109.10  Special anchorage areas.

    An Act of Congress of April 22, 1940, provides for the designation 
of special anchorage areas wherein vessels not more than sixty-five feet 
in length, when at anchor, will not be required to carry or exhibit 
anchorage lights. Such designation is to be made after investigation, by 
rule, regulation, or order, the procedure for which will be similar to 
that followed for anchorage grounds under section 7 of the River and 
Harbor Act of March 4, 1915, as referred to in Sec. 109.05. The areas 
so designated should be well removed from the fairways and located where 
general navigation will not endanger or be endangered by unlighted 
vessels. The authority to designate special anchorage areas was 
transferred to and vested in the Sec. etary of Transportation by section 
6(g)(1)(D) of the Department of Transportation Act (80 Stat. 931) and 
delegated to the Commandant of the U.S. Coast Guard under Sec. 1.46 of 
Title 49 CFR, who has redelegated pursuant to the authority to establish 
special anchorage areas to each Coast Guard District Commander in Sec. 
1.05-1(e)(1)(i).

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGD 79-096, 44 FR 51585, Sept. 4, 1979, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998]



Sec. 109.15  Enforcement proceedings.

    Proceedings against a vessel violating the Anchorage Regulations are 
to be brought in the name of the officer of the Coast guard assigned for 
the time being as Captain of the Port. When the vessel is at a port 
where there is no Coast Guard officer, proceedings will be initiated in 
the name of the District Commander.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



Sec. 109.20  Publication; notice of proposed rule making.

    (a) Sec. ion 4 of the Administrative Procedure Act (5 U.S.C. 553), 
requires publication of general notice of proposed rule making in the 
Federal Register (unless all persons subject thereto are named and 
either personally served or otherwise have actual notice thereof in 
accordance with law), except to the extent that there is involved (1) 
any military, naval, or foreign affairs function of the United States or 
(2) any matter relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts. Except where notice or 
hearing is required by statute, this requirement does not apply to 
interpretative rules, general statements of policy, rules of agency 
organization, procedure, or practice, or in any situation in which the 
agency for good cause finds (and incorporates the finding and a brief 
statement of the reasons therefor in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.
    (b) General notice of proposed rule making published in accordance 
with the above will include (1) a statement of the time, place, and 
nature of public rule making proceedings; (2) reference to the authority 
under which the rule is proposed; and (3) either the terms or substance 
of the proposed rule or a description of the subjects and issues 
involved.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



PART 110_ANCHORAGE REGULATIONS--Table of Contents




Sec. 
110.1 General.

[[Page 422]]

110.1a Anchorages under Ports and Waterways Safety Act.

                    Subpart A_Special Anchorage Areas

110.4 Penobscot Bay, Maine.
110.5 Casco Bay, Maine.
110.6 Portland Harbor, Portland, Maine (between Little Diamond Island 
          and Great Diamond Island).
110.6a Fore River, Portland Harbor, Portland, Maine.
110.8 Lake Champlain, N.Y. and Vt.
110.10 Portsmouth Harbor, New Hampshire, north of Newcastle Island.
110.25 Beverly and Salem Harbors, Mass.
110.26 Marblehead Harbor, Marblehead, Mass.
110.30 Boston Harbor, Mass., and adjacent waters.
110.31 Hull Bay and Allerton Harbor at Hull, Mass.
110.32 Hingham Harbor, Hingham, Mass.
110.37 Sesuit Harbor, Dennis, Mass.
110.38 Edgartown Harbor, Mass.
110.40 Silver Beach Harbor, North Falmouth, Mass.
110.45 Onset Bay, Mass.
110.45a Mattapoisett Harbor, Mattapoisett, Mass.
110.46 Newport Harbor, Newport, R.I.
110.47 Little Narragansett Bay, Watch Hill, R.I.
110.48 Thompson Cove on east side of Pawcatuck River below Westerly, 
          R.I.
110.50 Stonington Harbor, Conn.
110.50a Fishers Island Sound, Stonington, Conn.
110.50b Mystic Harbor, Groton and Stonington, Conn.
110.50c Mumford Cove, Groton, Conn.
110.50d Mystic Harbor, Noank, Conn.
110.51 Groton, Conn.
110.52 Thames River, New London, Conn.
110.53 Niantic, Conn.
110.54 Long Island Sound, on west side of entrance to Pataguanset River, 
          Conn.
110.55 Connecticut River, Conn.
110.55a Five Mile River, Norwalk and Darien, Conn.
110.56 Noroton Harbor, Darien, Conn.
110.58 Cos Cob Harbor, Greenwich, Conn.
110.60 Port of New York and vicinity.
110.65 Indian River Bay, Del.
110.67 Delaware River, Essington, Pa.
110.70 Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.
110.70a Northeast River, North East, Md.
110.71 Jacobs Nose Cove, Elk River, Md.
110.71a Cabin Creek, Grasonville, Md.
110.71b Wye River, Wye, Md.
110.72 Blackhole Creek, Md.
110.72a Chester River, southeast of Chestertown, Md.
110.72aa Elizabeth River Spectator Vessel Anchorage Areas, between 
          Norfolk and Portsmouth, Virginia.
110.72b St. Simons Island, Ga.
110.72c Lake Murray, S.C.
110.72d Ashley River anchorage areas, SC.
110.73 St. Johns River, Fla.
110.73a Indian River at Sebastian, Fla.
110.73b Indian River at Vero Beach, Fla.
110.73c Okeechobee Waterway, St. Lucie River, Stuart, FL.
110.74 Marco Island, Marco River, Fla.
110.74a Manatee River, Bradenton, Fla.
110.74b Apollo Beach, Fla.
110.74c Bahia de San Juan, PR.
110.75 Corpus Christi Bay, Tex.
110.77 Amistad Reservoir, Tex.
110.77a Duluth-Superior Harbor, Duluth, Minn.
110.77b Madeline Island, WI.
110.78 Sturgeon Bay, Sturgeon Bay, Wis.
110.79a Neenah Harbor, Neenah, Wis.
110.79b Millers Bay, Lake Winnebago, Oshkosh, WI.
110.79c Fish Creek Harbor, Fish Creek, Wisconsin.
110.80 Milwaukee Harbor, Milwaukee, Wis.
110.80a Lake Macatawa, Mich.
110.80b Marquette Harbor, Marquette, Mich.
110.81 Muskegon Lake, Mich.
110.81a Lake Betsie, Frankfort, MI.
110.82 Charlevoix Harbor, Mich.
110.82a Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.
110.83 Chicago Harbor, Ill.
110.83a Cedar Point, Sandusky, Ohio.
110.84 Black Rock Channel opposite foot of Porter Avenue, Buffalo, N.Y.
110.84b Buffalo, N.Y.
110.85 Niagara River, Youngstown, N.Y.
110.86 Sodus Bay, NY.
110.87 Henderson Harbor, N.Y.
110.90 San Diego Harbor, California.
110.91 Mission Bay, Calif.
110.93 Dana Point Harbor, Calif.
110.95 Newport Bay Harbor, Calif.
110.100 Los Angeles and Long Beach Harbors, Calif.
110.111 Marina del Rey Harbor, Calif.
110.115 Santa Barbara Harbor, Calif.
110.120 San Luis Obispo Bay, Calif.
110.125 Morro Bay Harbor, Calif.
110.126 Monterey Harbor, Calif.
110.126a San Francisco Bay, Calif.
110.127 Lake Mohave and Lake Mead, Nevada and Arizona.
110.127a Lake Powell, Utah-Arizona.
110.127b Flaming Gorge Lake, Wyoming-Utah.
110.127c Trinidad Bay, Calif.
110.128 Columbia River at Portland, Oreg.
110.128b Island of Hawaii, Hawaii.
110.128c Island of Kauai, Hawaii.
110.128d Island of Oahu, Hawaii. (Datum: OHD)
110.129a Apra Harbor, Guam. (Datum: WGS 84)

                       Subpart B_Anchorage Grounds

110.130 Bar Harbor, Maine.

[[Page 423]]

110.132 Rockland Harbor, Maine.
110.133 Kennebec River in vicinity of Bath, Maine.
110.134 Portland Harbor, Maine.
110.136 Lake Champlain, NY and VT.
110.138 Boston Harbor, Mass.
110.140 Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.
110.142 Nantucket Harbor, Mass.
110.145 Narragansett Bay, R.I.
110.147 New London Harbor, Conn.
110.148 Johnsons River at Bridgeport, Conn.
110.150 Block Island Sound, N.Y.
110.155 Port of New York.
110.156 Randall Bay, Freeport, Long Island, N.Y.
110.157 Delaware Bay and River.
110.158 Baltimore Harbor, MD.
110.159 Annapolis Harbor, MD.
110.166 York River, Va., naval anchorage.
110.168 Hampton Roads, Virginia, and adjacent waters (Datum: NAD 83).
110.170 Lockwoods Folly Inlet, N.C.
110.173 Port of Charleston, S.C.
110.179 Skidaway River, Isle of Hope, Ga.
110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla.
110.183 St. Johns River, Florida.
110.185 Atlantic Ocean, off the Port of Palm Beach, Fla.
110.186 Port Everglades, Florida.
110.188 Atlantic Ocean off Miami and Miami Beach, Fla.
110.189a Key West Harbor, Key West, Fla., naval explosives anchorage 
          area.
110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.
110.193 Tampa Bay, Fla.
110.193a St. Joseph Bay, Fla.
110.194 Mobile Bay, Ala., at entrance.
110.194a Mobile Bay, Ala., and Mississippi Sound, Miss.
110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois Island, 
          Miss.
110.195 Mississippi River below Baton Rouge, LA, including South and 
          Southwest Passes.
110.196 Sabine Pass Channel, Sabine Pass, Tex.
110.197 Galveston Harbor, Bolivar Roads Channel, Texas
110.205 Chicago Harbor, Ill.
110.206 Detroit River, Michigan.
110.207 Cleveland Harbor, Ohio.
110.208 Buffalo Harbor, N.Y.
110.210 San Diego Harbor, CA.
110.212 Newport Bay Harbor, Calif.
110.214 Los Angeles and Long Beach harbors, California.
110.215 Anaheim Bay Harbor, Calif., U.S. Naval Weapons Station, Seal 
          Beach, Calif.; naval explosives anchorage.
110.216 Pacific Ocean at Santa Catalina Island, Calif.
110.218 Pacific Ocean at San Clemente Island, Calif.; in vicinity of 
          Wilson Cove.
110.220 Pacific Ocean at San Nicolas Island, Calif.; restricted 
          anchorage areas.
110.222 Pacific Ocean at Santa Barbara Island, Calif.
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, 
          Sacramento River, San Joaquin River, and connecting waters, 
          CA.
110.228 Columbia River, Oregon and Washington.
110.229 Straits of Juan de Fuca, Wash.
110.230 Puget Sound Area, Wash.
110.231 Ketchikan Harbor, Alaska, Large Passenger Vessel Anchorage.
110.232 Southeast Alaska.
110.233 Prince William Sound, Alaska.
110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 
          83).
110.236 Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: 
          Offshore pipeline terminal anchorages.
110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
110.238 Apra Harbor, Guam.
110.239 Island of Tinian, CNMI.
110.240 San Juan Harbor, P.R.
110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R.
110.250 St. Thomas Harbor, Charlotte Amalie, V.I.
110.255 Ponce Harbor, P.R.

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 
CFR 1.05-1(g); Department of Homeland Sec. rity Delegation No. 0170.

    Source: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless otherwise 
noted.



Sec. 110.1  General.

    (a) The areas described in subpart A of this part are designated as 
special anchorage areas for purposes of 33 U.S.C. Sec. Sec. 2030(g) and 
2035(j). Vessels of less than 20 meters in length, and barges, canal 
boats, scows, or other nondescript craft, are not required to sound 
signals required by rule 35 of the Inland Navigation Rules (33 U.S.C. 
2035). Vessels of less than 20 meters are not required to exhibit anchor 
lights or shapes required by rule 30 of the Inland Navigation Rules (33 
U.S.C. 2030).
    (b) The anchorage grounds for vessels described in Subpart B of this 
part are established, and the rules and regulations in relation thereto 
adopted, pursuant to the authority contained in section 7 of the act of 
March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471).
    (c) All bearings in the part are referred to true meridian.
    (d) Geographic coordinates expressed in terms of latitude or 
longitude, or

[[Page 424]]

both, are not intended for plotting on maps or charts whose reference 
horizontal datum is the North American Datum of 1983 (NAD 83), unless 
such geographic coordinates are expressly labeled NAD 83. Geographic 
coordinates without the NAD 83 reference may be plotted on maps or 
charts referenced to NAD 83 only after application of the appropriate 
corrections that are published on the particular map or chart being 
used.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987; USCG-1998-3799, 63 FR 35526, June 30, 1998]



Sec. 110.1a  Anchorages under Ports and Waterways Safety Act.

    (a) The anchorages listed in this section are regulated under the 
Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.):
    (1) Sec. ion 110.155 Port of New York.
    (2) [Reserved]
    (b) [Reserved]

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                    Subpart A_Special Anchorage Areas



Sec. 110.4  Penobscot Bay, Maine.

    (a) Rockland Harbor. Beginning at a point bearing 244[deg], 1,715 
yards, from Rockland Breakwater Light; thence 260[deg], 490 yards, to a 
point bearing 248[deg] from Rockland Breakwater Light; thence 350[deg], 
580 yards, to a point bearing 263[deg] from Rockland Breakwater Light; 
thence 83[deg], 480 yards, to a point bearing 263[deg] from Rockland 
Breakwater Light; and thence 169[deg], 550 yards, to the point of 
beginning. This area is limited to vessels no greater than 20 meters in 
length.

    Note to paragraph (a): This area is primarily for use by yachts and 
other recreational craft. Temporary floats or buoy for marking the 
location of the anchor may be used. All moorings shall be so placed that 
no vessel, when anchored, shall at any time extend beyond the limits of 
the area. All anchoring in the area shall be under the supervision of 
the local harbormaster or such authority as may be designated by 
authorities of the City of Rockland, Maine. Requests for placement of 
mooring buoys shall be directed to the local government. Fixed mooring 
piles or stakes are prohibited.
    (b) Camden Harbor, Sherman Cove and adjacent waters. (1) Anchorage 
A. All of the waters enclosed by a line beginning at Eaton Point at 
latitude 44[deg]12[min]31[sec] N, longitude 069[deg]03[min]34[sec] W; 
thence to latitude 44[deg]12[min]28[sec] N, longitude 
069[deg]03[min]33[sec] W; thence to latitude 44[deg]12[min]32[sec] N, 
longitude 069[deg]02[min]49[sec] W; thence along the shoreline to the 
point of beginning. DATUM: NAD83
    (2) Anchorage B. All of the waters enclosed by a line beginning at 
Dillingham Point at latitude 44[deg]12[min]12[sec] N, longitude 
069[deg]03[min]20[sec] W.; thence to latitude 44[deg]12[min]14[sec] N, 
longitude 069[deg]02[min]58[sec] W.; thence to latitude 
44[deg]12[min]19[sec] N, longitude 069[deg]03[min]08[sec] W; thence to 
latitude 44[deg]12[min]28[sec] N, longitude 069[deg]03[min]13[sec] W; 
thence to latitude 44[deg]12[min]26[sec] N, longitude 
069[deg]03[min]39[sec] W; thence along the shoreline to the point of 
beginning. DATUM: NAD83

    Note to paragraph (b): Anchorages A and B are special anchorage 
areas reserved for yachts and other recreational craft. Fore and aft 
moorings will be allowed in this area. Temporary floats or buoys for 
marking anchors or moorings in place will be allowed. Fixed mooring 
piles or stakes are prohibited. All moorings must be so placed that no 
vessel when anchored is at any time extended into the thoroughfare. This 
is to ensure that a distance of approximately 150 feet is left between 
Anchorages A and B for vessels entering or departing from Camden Harbor. 
All anchoring in the area is under the supervision of the local harbor 
master or such other authority as may be designated by the authorities 
of the Town of Camden, Maine.

[CGD01-02-129, 68 FR 44888, July 31, 2003, as amended by CGD01-06-084, 
72 FR 466, Jan. 5, 2007]



Sec. 110.5  Casco Bay, Maine.

    (a) Beals Cove, West side of Orrs Island, Harpswell. The entire cove 
as defined by the shoreline and a line across the entrace bearing 
215[deg] and tangent to the shore on the north side.
    (a-1) Merriconeag Sound, Harpswell. The area comprises that portion 
of the Sound beginning at a point on the shoreline about 1,000 feet 
northeasterly from the southwesterly extremity of Orrs Island at 
latitude 43[deg]45[min]09[sec], longitude 69[deg]59[min]14[sec], thence 
extending 290[deg] to a point at latitude 43[deg]45[min]10[sec], 
longitude 69[deg]59[min]20[sec], thence extending 20[deg] to a point at 
latitude 43[deg]45[min]34[sec], longitude

[[Page 425]]

69[deg]59[min]05[sec], thence extending 110[deg] to a point on the 
shoreline at latitude 43[deg]45[min]33[sec], longitude 
69[deg]58[min]58[sec], thence along the shoreline to the point of 
beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. All 
moorings shall be so placed that no vessel, when anchored, shall at any 
time extend beyond the limits of the area. Fixed mooring piles or stakes 
are prohibited. All anchoring in the area shall be under the supervision 
of the local harbor master or such authority as may be designated by 
authorities of the Town of Harpswell, Maine.
    (a-2) Mackerel Cove, Bailey Island, Harpswell. The water area of 
Mackerel Cove lying northeasterly of a line from a point on Abner Point 
at latitude 43[deg]43[min]28[sec] N., longitude 70[deg]00[min]19[sec] 
W., to a point on Bailey Island at latitude 43[deg]43[min]18.2[sec] N., 
longitude 70[deg]00[min]12.2[sec] W.
    (b) Harpswell Harbor, east side of Harpswell Neck, Harpswell. The 
entire area lying westerly of a line bearing 8[deg] from the eastern 
extremity of Stovers Point to the point of land at the northerly end of 
the harbor, said point of land bearing approximately 275[deg] from the 
observatory on Orrs Island.
    (c) Basin Cove, west side of Harpswell Neck, Harpswell. All of the 
area lying northeasterly of a line bearing 350[deg] from the northwest 
corner of the entrance to the cove.
    (c-1) Basin Point, Potts Harbor, east side of Basin Point. The water 
area east of Basin Point enclosed by a line beginning at the 
southernmost extremity of Basin Point at latitude 43[deg]44[min]17[sec] 
N., longitude 70[deg]02[min]36[sec] W.; thence easterly to latitude 
43[deg]44[min]17[sec] N., longitude 70[deg]02[min]19[sec] W.; thence 
north northeasterly to a point on the shoreline at latitude 
43[deg]44[min]43[sec] N., longitude 70[deg]02[min]05[sec] W.; thence 
following the shoreline to the point of beginning.
    (d) Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth. 
All of the waters enclosed by a line beginning at the Dock House (F.S.) 
located at latitude 43[deg]44[min]22[sec] N, longitude 
70[deg]11[min]41[sec] W; thence to latitude 43[deg]44[min]19[sec] N, 
longitude 70[deg]11[min]33[sec] W; thence to latitude 
43[deg]44[min]00[sec] N, longitude 70[deg]11[min]44[sec] W; thence to 
latitude 43[deg]43[min]37[sec] N, longitude 70[deg]11[min]37[sec] W; 
thence to latitude 43[deg]43[min]04[sec] N, longitude 
70[deg]12[min]13[sec] W; thence to latitude 43[deg]41[min]56[sec] N, 
longitude 70[deg]12[min]53[sec] W; thence to latitude 
43[deg]41[min]49[sec] N, longitude 70[deg]13[min]05[sec] W; thence to 
latitude 43[deg]42[min]11[sec] N, longitude 70[deg]13[min]30[sec] W; 
thence along the shoreline to the point of beginning. DATUM: NAD 83.

    Note to paragraph (d). The area designed by paragraph (g) of this 
section is reserved for yachts and other small recreational craft. Fore 
and aft moorings will be allowed in this area. Temporary floats or buoys 
for marking anchors or moorings in place will be allowed. Fixed mooring 
piles or stakes are prohibited. All moorings must be so placed so that 
no vessel when anchored is at any time extended into the thoroughfare. 
All anchoring in the area is under the supervision of the local harbor 
master or such other authority as may be designated by the authorities 
of the Town of Falmouth, Maine.
    (e) Harraseeket River. That portion of the Harraseeket River within 
the mean low water lines, between Stockbridge Point and Weston Point, 
excluding therefrom a thoroughfare, 100 feet wide, the center line of 
which follows the natural channel.
    Note: This area is reserved for yachts and other small recreational 
craft. Fore and aft moorings will be allowed in this area. Temporary 
floats or buoys for marking anchors or moorings in place will be 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel when anchored shall at any time extend 
into the thoroughfare. All anchoring in the area shall be under the 
supervision of the local harbor master or such other authority as may be 
designated by the authorities of the Town of Freeport, Maine.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
110.5, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 110.6  Portland Harbor, Portland, Maine (between Little Diamond Island and Great Diamond Island).

    Beginning at the southeasterly corner of the wharf, at the most 
southerly point of Great Diamond Island at latitude 
43[deg]40[min]13[sec], longitude 70[deg]12[min]00[sec]; thence extending 
southwesterly to the northeasterly corner of the wharf on the easterly 
side of Little Diamond Island at latitude 43[deg]40[min]03[sec], 
longitude 70[deg]12[min]15[sec]; thence extending along the northerly 
side of the wharf to its shoreward end at latitude 
43[deg]40[min]03[sec], longitude 70[deg]12[min]17[sec];

[[Page 426]]

thence extending along the shoreline of Little Diamond Island to 
latitude 43[deg]40[min]11[sec], longitude 70[deg]12[min]20[sec]; thence 
extending northeasterly to the shoreline of the southerly side of Great 
Diamond Island at latitude 43[deg]40[min]21[sec], longitude 
70[deg]12[min]06[sec]; thence extending along the shoreline of Great 
Diamond Island to the shoreward end of a wharf at latitude 
43[deg]40[min]15[sec], longitude 70[deg]12[min]02[sec]; thence extending 
along the southwesterly side of the wharf to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion of the local Harbor Master. All 
moorings shall be so placed that no moored vessels will extend beyond 
the limit of the area.



Sec. 110.6a  Fore River, Portland Harbor, Portland, Maine.

    The water area beginning at a point on the shoreline near the Coast 
Guard Base in Position 43-38 43[sec] N and 070-14 49[sec] W; thence 319 
to position 43-38 55[sec] N, 070-15 03[sec] W; thence 50 to position 43-
39 06[sec] N: 070- 14 43[sec] W: thence 161 to mainland; and thence 
southwesterly along the shore to the point of beginning.

[CGD 01-87-02, 52 FR 9829, Mar. 27, 1987]



Sec. 110.8  Lake Champlain, N.Y. and Vt.

    (a) Ticonderoga, N.Y. An area shoreward of a line bearing 312[deg] 
from Ticonderoga Light to the southeast corner of the New York State 
Boat Launching Ramp.
    (b) Essex, N.Y. A small cove at the westerly side of Lake Champlain, 
shoreward of a line connecting the offshore ends of two promontories 
located at Essex.
    (c) Shelburne, Vt. An area shoreward of a line bearing 142[deg] from 
the eastern point of Collymer Pt. to Allen Hill.
    (c-1) Shelburne Bay. Beginning at a point on the shoreline at 
latitude 44[deg]25[min]53.0[sec] N., longitude 73[deg]14[min]47.3[sec] 
W.; thence north to a point at latitude 44[deg]26[min]04.8[sec] N., 
longitude 73[deg]14[min]46.6[sec] W.; thence northwesterly to a point on 
the shoreline at latitude 44[deg]26[min]06.9[sec] N., longitude 
73[deg]14[min]50.2[sec] W.; thence along the shoreline to the point of 
beginning.
    (c-2) Shelburne Bay Allen Hill to La Platte River. That portion of 
the waters of Shelburne Bay west of the line from a point at Allen Hill 
at latitude 44[deg]24[min]35[sec] N., longitude 73[deg]14[min]14[sec] 
W.; to a point near the mouth of the La Platte River at latitude 
44[deg]24[min]03[sec] N., longitude 73[deg]14[min]05[sec] W.

    Note: The anchoring of vessels and placement of temporary moorings 
in the anchorage area described in paragraph (c-2) of this section are 
administered by the Harbormaster appointed by the Town of Shelburne, 
Vermont.

    (d) Mallets Bay, Vt. The southwesterly portion of Mallets Bay, south 
of Coates Island and west of a line bearing 170[deg] from the most 
easterly point of Coates Island to the mainland.
    (e) Mallets Bay, Vt. An area in the northwesterly portion of Mallets 
Bay, south of a line extending from the northeasterly end of Mallets 
Head to the northeasterly end of Marble Island, and west of a line 
extending from the northeasterly end of Marble Island to the 
northeasterly side of Cave Island, and southerly to the point on the 
lower east side of Mallets Head.
    (f) St. Albans Bay, Vt. An area in the northerly portion of St. 
Albans Bay westward of the State Pier at St. Albans Bay State Park, 
northeasterly of a line bearing 296[deg]30[min] from the southwesterly 
corner of the State Pier, and southeasterly of a line parallel to and 
500 feet west of the west side of the State Pier.
    (g) Charlotte, Vt. An area shoreward of a line bearing 080 T from 
44[deg]16[min]12[sec] N, 73[deg]17[min]18[sec] W, on Thompson's Point to 
44[deg]16[min]16[sec] N, 73[deg]16[min]40[sec] W., on William's Point.
    (h) Burlington Harbor, VT. The waters bounded by a line connecting 
the following points:

44[deg]28[min]14.4[sec] N            73[deg]13[min]16.5[sec] W
44[deg]28[min]14.4[sec] N            73[deg]13[min]19.5[sec] W
44[deg]28[min]24.4[sec] N            73[deg]13[min]18.4[sec] W
 


and thence along the shoreline to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (i) Point Au Roche, New York. The waters of Deep Bay north of a line 
drawn shore to shore along the 44[deg]46[min]14[sec] N line of Latitude.


[[Page 427]]


    Note: Anyone wishing to occupy a mooring in this area shall obtain a 
permit from the New York State Office of Parks, Recreation & 
Preservation.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-16A, 35 
FR 8823, June 6, 1970; CCGD3-80-2A, 45 FR 54755, July 18, 1980; CGD3-85-
02, 51 FR 4593, Feb. 6, 1986; CGD1-90-063, 56 FR 12120, Mar. 22, 1991; 
CGD1 91-063, 58 FR 21104, Apr. 19, 1993]



Sec. 110.10  Portsmouth Harbor, New Hampshire, north of Newcastle Island.

    From the northern most point of Goat Island to latitude 
43[deg]04[min]25[sec] N, longitude 070[deg]43[min]37[sec] W; thence 
089[deg]30[min] for 1025 yards; thence 120[deg] for 285 yards, thence 
213[deg] to the shoreline of Newcastle Island, thence along the 
shoreline of Newcastle Island and across the breakwater to Goat Island 
and to the point of beginning.

[CGD 83-1R, 48 FR 56578, Dec. 22, 1983]



Sec. 110.25  Beverly and Salem Harbors, Mass.

    (a) Beverly Harbor, north of Salem Neck. A line extending from the 
northerly end of the Salem Willows Yacht Club House 360 yards bearing 
281[deg] true to latitude 42[deg]32[min]14[sec] N., longitude 
70[deg]52[min]26[sec] W.; thence north 275 yards to Monument Bar Beacon 
thence 540 yards bearing 080[deg] to latitude 42[deg]32[min]25[sec] N., 
longitude 70[deg]52[min]04[sec] W., thence 365 yards bearing 175[deg] to 
latitude 42[deg]32[min]14[sec] N., longitude 70[deg]52[min]03[sec] W.; 
thence 237[deg] to the shore.
    (b) Bass River. All of the area upstream of the highway bridge 
(Popes Bridge) outside of the dredged channel.
    (c) South Channel. Bounded by a line commencing at the northern most 
point of Peach's Point at latitude 42[deg]31[min]08.3[sec] N, longitude 
70[deg]50[min]34.7[sec] W; thence westerly to a point, at latitude 
42[deg]31[min]21.6[sec] N, longitude 70[deg]51[min]17.0[sec] W off Fluen 
Point; thence westerly to a point at latitude 42[deg]31[min]19.0[sec] N, 
longtitude 70[deg]51[min]49.3[sec] W off Naugus Head; thence 
southwesterly to a point at latitude 42[deg]31[min]00.0[sec] N, 
longitude 70[deg]52[min]18.5[sec] W east of Folger Point; thence to a 
point at latitude 42[deg]30[min]38.0[sec] N, longitude 
70[deg]52[min]36.5[sec] W; thence easterly to a point on Long Point at 
latitude 42[deg]30[min]52.3[sec] N, longitude 70[deg]53[min]06.9[sec] W. 
The areas will be principally for use by yachts and other recreational 
craft. Temporary floats or buoys for marking anchors will be allowed in 
the areas but fixed piles or stakes may not be placed. The anchoring of 
vessels, the placing of moorings, and the maintenance of fairways will 
be under the jurisdiction of the local Harbor Master.
    (d) Beverly and Mackerel Coves, north side of Beverly Harbor. The 
water area enclosed by a line commencing at the southernmost point of 
Curtis Point in Beverly; thence bearing 238[deg], 1,400 yards to 
latitude 42[deg]32[min]29.4[sec] N., longitude 70[deg]51[min]34[sec] W.; 
thence 284[deg], 1,475 yards to the western shoreline of Mackerel Cove; 
thence north northeasterly to the point of beginning.
    (e) Collins Cove, Salem, Mass. The water area enclosed by a line 
beginning at Monument Bar Beacon; thence 242[deg], 580 yards to latitude 
42[deg]32[min]14.5[sec] N., longitude 70[deg]52[min]46.3[sec] W.; thence 
284[deg], 220 yards to latitude 42[deg]32[min]16[sec] N., longitude 
70[deg]52[min]55[sec] W.; thence 231[deg], 525 yards to a point on the 
shoreline; thence following the shoreline and the western boundary of 
the special anchorage area as described in 33 CFR 110.25(a) to the point 
of beginning.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 74-189, 40 FR 
6339, Feb. 11, 1975; CGD 76-192, 42 FR 39386, Aug. 4, 1977; CGD 1-83-3R, 
49 FR 24723, June 15, 1984]



Sec. 110.26  Marblehead Harbor, Marblehead, Mass.

    The area comprises that portion of the harbor lying between the 
extreme low water line and southwestward of a line bearing 336[deg] from 
Marblehead Neck Light to a point on Peach Point at latitude 
42[deg]31[min]03[sec], longitude 70[deg]50[min]30[sec].

    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors are 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so that no vessel, when anchored, shall at any time extend 
beyond the limits of the area. The anchoring of vessels and the placing 
of temporary moorings are under the jurisdiction and at the direction of 
the local harbormaster.

[CGFR 68-96, 33 FR 12550, Sept. 5, 1968; CGFR 68-157, 34 FR 1380, Jan. 
29, 1969]

[[Page 428]]



Sec. 110.30  Boston Harbor, Mass., and adjacent waters.

    (a) Lynn Harbor. North of a line bearing 244[deg] from the tower of 
the Metropolitan District Building, extending from the shore to a point 
100 feet from the east limit of the channel; east of a line bearing 
358[deg], extending thence to a point 100 feet east of the northeast 
corner of the turning basin; south of a line bearing 88[deg], extending 
thence to the shore; and south and west of the shore line to its 
intersection with the south boundary.
    (b) Vicinity of Pleasant Park Yacht Club, Winthrop. Southerly of a 
line bearing 276[deg] from a point on the west side of Pleasant Street, 
Winthrop, 360 feet from the southwest corner of its intersection with 
Main Street; westerly of a line bearing 186[deg] from a point on the 
south side of Main Street 140 feet from the southwest corner of its 
intersection with Pleasant Street; northerly of a line bearing 256[deg] 
from a point on the west side of Pleasant Street 550 feet from the 
southwest corner of its intersection with Main Street and easterly of a 
line bearing 182[deg] from a point on the south side of Main Street 640 
feet from the southwest corner of its intersection with Pleasant Street.
    (c) Mystic River, east side of Chelsea Bridge North. Northerly of 
the northerly fender pier of Chelsea Bridge North; easterly of Chelsea 
Bridge North; southerly of the shore line; and westerly of a line 
bearing 7[deg] from the easterly end of the aforesaid fender pier.
    (d) Mystic River, west side of Chelsea Bridge North. Northerly of 
the northerly fender pier of Chelsea Bridge North and a line extending 
from the westerly end of the shoreward face of the aforesaid fender pier 
to the southeasterly corner of the wharf projecting from the Naval 
Hospital grounds; easterly of the aforesaid wharf; southerly of the 
shore of the Naval Hospital grounds; and westerly of Chelsea Bridge 
North.
    (e) Vicinity of South Boston Yacht Club, South Boston. Northerly of 
a line bearing 96[deg] from the stack of the heating plant of the Boston 
Housing Authority in South Boston; easterly of a line bearing 5[deg] 
from the west shaft of the tunnel of the Boston Main Drainage Pumping 
Station; southerly of the shore line; and westerly of a line bearing 
158[deg] from the northeast corner of the iron fence marking the east 
boundary of the South Boston Yacht Club property.
    (f) Dorchester Bay, in vicinity of Savin Hill Yacht Club. Northerly 
of a line bearing 64[deg] from the stack of the old power plant of the 
Boston Elevated Railway on Freeport Street in Dorchester; westerly of a 
line bearing 163[deg] from the stack of the Boston Main Drainage Pumping 
Station on the Cow Pasture in Dorchester; and southerly and easterly of 
the shore line.
    (g) Dorchester Bay, in vicinity of Dorchester Yacht Club. Eastward 
of a line bearing 21[deg] from the stack located a short distance 
northwestward of the Dorchester Yacht Club; southward of a line bearing 
294[deg] from the southerly channel pier of the highway bridge; westward 
of the highway bridge and the shore line; and northward of the shore 
line.
    (h) Quincy Bay, in vicinity of Wollaston and Squantum Yacht Clubs. 
Northwesterly of a line bearing 36[deg]30[min] from a point on the shore 
2,600 feet easterly of the east side of the Wollaston Yacht Club 
landing; southwesterly of a line bearing 129[deg]15[min] from the water 
tank in Squantum; and southeasterly and northeasterly of the shore line.
    (i) Quincy Bay, in vicinity of Merrymount Yacht Club. South of a 
line starting from a point bearing 246[deg], 3,510 yards, from the stack 
of the pumping station on Nut Island, and extending thence 306[deg] to 
the shore; west of a line bearing 190[deg] from the aforesaid point to 
the shore; and north and east of the shore line.
    (j) Weymouth Fore River, in vicinity of Quincy Yacht Club. 
Southwesterly of a line bearing 119[deg] from the outer end of the wharf 
at Nut Island; northwesterly of a line bearing 199[deg]30[min] from Pig 
Rock Light to the eastern end of Raccoon Island; northerly of Raccoon 
Island and of a line from its western extremity bearing 245[deg] from 
Beacon 2A; and easterly of the shore of Houghs Neck.
    (k) Weymouth Fore River, in vicinity of Wessagussett Yacht Club. 
Southwesterly of a line bearing 117[deg] from channel light ``4''; 
southeasterly of a line 150

[[Page 429]]

feet from and parallel to the meandering easterly limit of the dredged 
channel; easterly of a line bearing 188[deg] from the eastern extremity 
of Rock Island Head; and northwesterly of the shore line.
    (l) Weymouth Back River, in vicinity of Eastern Neck. The cove on 
the north side of the river lying northerly of a line bearing 
264[deg]30[min] from the southwesterly corner of the American 
Agricultural Chemical Company's wharf (Bradley's Wharf) to the shore of 
Eastern Neck, about 2,200 feet distant.
    (m)(1) Boston Inner Harbor A. The waters of the western side of 
Boston Inner Harbor north of the entrance to the Fort Point Channel 
bounded by a line beginning at a point due east of the New England 
Aquarium, Latitude 42[deg]21[min]31.62[sec] North, Longitude 
71[deg]02[min]52.37[sec] West. Thence ENE toward the Main Ship Channel 
to a point, Latitude 42[deg]21[min]32.6[sec] North, Longitude 
71[deg]02[min]47.3[sec] West. Thence SE to a point due east of Harbor 
Towers, Latitude 42[deg]21[min]26.4[sec] North, Longitude 
71[deg]02[min]40.66[sec] West. Thence W toward the Boston Shore to a 
point, Latitude 42[deg]21[min]26.4[sec] North, Longitude 
71[deg]02[min]56.31[sec] West. Thence NE to the original point.
    (2) [Reserved]

    Note: Administration of Special Anchorage areas is exercised by the 
Harbormaster, City of Boston pursuant to local ordinances. The City of 
Boston will install and maintain suitable navigational aids to mark the 
limits of Special Anchorage areas.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1-85-2R, 51 FR 
12314, Apr. 10, 1986]



Sec. 110.31  Hull Bay and Allerton Harbor at Hull, Mass.

    (a) Area No. 1 in Allerton Harbor. That area north of Hog Island 
beginning at latitude 42[deg]18[min]15[sec], longitude 
70[deg]53[min]46[sec]; thence due east to latitude 
42[deg]18[min]15[sec], longitude 70[deg]53[min]29.5[sec]; thence due 
south to latitude 42[deg]18[min]07.5[sec], longitude 
70[deg]53[min]29.5[sec]; thence due west to latitude 
42[deg]18[min]07.5[sec], longitude 70[deg]53[min]46[sec]; thence due 
north to the point of beginning.
    (b) Area No. 2 in Hull Bay. That area south of Hog Island beginning 
at latitude 42[deg]17[min]50.5[sec], longitude 70[deg]54[min]07[sec]; 
thence due east to latitude 42[deg]17[min]50.5[sec], longitude 
70[deg]53[min]29.5[sec]; thence due south to latitude 
42[deg]17[min]30[sec], longitude 70[deg]53[min]29.5[sec]; thence due 
west to latitude 42[deg]17[min]30[sec], longitude 70[deg]54[min]07[sec]; 
thence due north to the point of beginning.
    (c) Area No. 3 in Hull Bay. That area north of Bumkin Island 
beginning at latitude 42[deg]17[min]22[sec], longitude 
70[deg]54[min]07[sec]; thence due east to latitude 
42[deg]17[min]22[sec], longitude 70[deg]53[min]17.5[sec]; thence due 
south to latitude 42[deg]17[min]01[sec], longitude 
70[deg]53[min]17.5[sec]; thence due west to latitude 
42[deg]17[min]01[sec], longitude 70[deg]54[min]07[sec]; thence due north 
to the point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings is under the 
jurisdiction, and at the discretion, of the local Harbor Master, Hull, 
Mass.

[CGFR 68-160, 34 FR 392, Jan. 10, 1969; 34 FR 939, Jan. 22, 1969]



Sec. 110.32  Hingham Harbor, Hingham, Mass.

    (a) Area 1. Beginning at latitude 42[deg]15[min]39[sec], longitude 
70[deg]53[min]24[sec]; thence to latitude 42[deg]15[min]53.5[sec], 
longitude 70[deg]53[min]32[sec]; thence to latitude 
42[deg]15[min]56[sec], longitude 70[deg]53[min]23[sec]; thence to 
latitude 42[deg]15[min]42[sec], longitude 70[deg]53[min]15[sec]; thence 
to point of beginning.
    (b) Area 2. Beginning at latitude 42[deg]15[min]30[sec], longitude 
70[deg]53[min]02.5[sec]; thence to latitude 42[deg]15[min]30[sec], 
longitude 70[deg]53[min]13.5[sec]; thence to latitude 
42[deg]15[min]27.5[sec], longitude 70[deg]53[min]18[sec]; thence to 
latitude 42[deg]15[min]28.5[sec], longitude 70[deg]53[min]31[sec]; 
thence to latitude 42[deg]15[min]35[sec], longitude 
70[deg]53[min]34[sec]; thence to latitude 42[deg]15[min]36[sec], 
longitude 70[deg]53[min]36.5[sec]; thence to latitude 
42[deg]15[min]41[sec], longitude 70[deg]53[min]34.5[sec]; thence to 
latitude 42[deg]15[min]31[sec], longitude 70[deg]53[min]28[sec]; thence 
to latitude 42[deg]15[min]31.5[sec], longitude 70[deg]53[min]03[sec]; 
thence to point of beginning.
    (c) Area 3. Beginning at latitude 42[deg]15[min]33[sec], longitude 
70[deg]53[min]01.5[sec]; thence to latitude 42[deg]15[min]33.5[sec], 
longitude 70[deg]53[min]19[sec]; thence to latitude 
42[deg]15[min]35.5[sec], longitude 70[deg]53[min]02[sec]; thence to 
point of beginning.
    (d) Area 4. Beginning at latitude 42[deg]14[min]47[sec], longitude 
70[deg]53[min]09.5[sec]; thence to latitude 42[deg]14[min]48.5[sec], 
longitude 70[deg]53[min]11.5[sec]; thence to latitude 
42[deg]14[min]54[sec], longitude 70[deg]53[min]08[sec]; thence to 
latitude 42[deg]14[min]56.5[sec], longitude 70[deg]52[min]58.5[sec]; 
thence to point of beginning.
    (e) Area 5. Beginning at latitude 42[deg]14[min]48[sec], longitude 
70[deg]52[min]57[sec]; thence to

[[Page 430]]

latitude 42[deg]14[min]48.5[sec], longitude 70[deg]53[min]02[sec]; 
thence to latitude 42[deg]14[min]58[sec], longitude 
70[deg]52[min]51[sec]; thence to latitude 42[deg]14[min]53.5[sec], 
longitude 70[deg]52[min]50[sec]; thence to point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed in the areas but fixed piles or stakes may not be placed. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction of the local Harbor Master.

[CGFR 68-89, 33 FR 11077, Aug. 3, 1968]



Sec. 110.37  Sesuit Harbor, Dennis, Mass.

    All the waters of Sesuit Harbor southerly of a line extending 
between the outer end of the jetties on each side of the entrance to the 
Harbor.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles of stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and at the discretion of the local Harbor Master.



Sec. 110.38  Edgartown Harbor, Mass.

    An area in the inner harbor easterly of the project channel and 
south of Chappaquiddick Point bounded as follows: Beginning at latitude 
41[deg]23[min]19[sec], longitude 70[deg]30[min]32[sec]; thence 
southeasterly along the shore to latitude 41[deg]22[min]52[sec], 
longitude 70[deg]30[min]12[sec]; thence 287[deg]30[min] 1,600 feet; 
thence 327[deg]30[min], 700 feet; thence 359[deg] true, 800 feet; thence 
24[deg]15[min] approximately 900 feet to the point of beginning.

    Note: The area is reserved for yachts and other small recreational 
craft. Fore and aft moorings and temporary floats or buoys for marking 
anchors in place will be allowed. All moorings shall be so placed that 
no vessel when anchored shall extend into waters beyond the limits of 
the area. Fixed mooring piles or stakes are prohibited.



Sec. 110.40  Silver Beach Harbor, North Falmouth, Mass.

    All the waters of the harbor northward of the inner end of the 
entrance channel.



Sec. 110.45  Onset Bay, Mass.

    Northerly of a line extending from the northernmost point of Onset 
Island to the easternmost point of Wickets Island; easterly of a line 
extending from the easternmost point of Wickets Island to the southwest 
extremity of Point Independence; southerly of the shore line; and 
westerly of the shore line and of a line bearing due north from the 
northernmost point of Onset Island.



Sec. 110.45a  Mattapoisett Harbor, Mattapoisett, Mass.

    (a) Area No. 1 beginning at a point on the shore at latitude 
41[deg]39[min]23[sec] N., longitude 70[deg]48[min]50[sec] W.; thence 
138.5[deg] T. to latitude 41[deg]38[min]45[sec] N., longitude 
70[deg]48[min]02[sec] W.; thence 031[deg] T. to latitude 
41[deg]39[min]02[sec] N., longitude 70[deg]47[min]48[sec] W.; thence 
along the shore to the point of beginning.
    (b) Area No. 2 beginning at a point on the shore at latitude 
41[deg]39[min]24[sec] N., longitude 70[deg]49[min]02[sec] W.; thence 
142.5[deg] T. to latitude 41[deg]38[min]10[sec] N., longitude 
70[deg]47[min]45[sec] W.; thence 219[deg] T. to latitude 
41[deg]37[min]54[sec] N., longitude 70[deg]48[min]02[sec] W.; thence 
along the shore to the point of beginning.

    Note: Administration of the Special Anchorage Area is exercised by 
the Harbormaster, Town of Mattapoisett pursuant to a local ordinance. 
The town of Mattapoisett will install and maintain suitable navigational 
aids to mark the perimeter of the anchorage area.

[CGD 83-2R, 49 FR 25445, June 21, 1984; 49 FR 27320, July 3, 1984]



Sec. 110.46  Newport Harbor, Newport, R.I.

    (a) Area No. 1. The waters of Brenton Cove south of a line extending 
from latitude 41[deg]28[min]50[sec] N., longitude 71[deg]18[min]58[sec] 
W.; to latitude 41[deg]28[min]45[sec] N., longitude 
71[deg]20[min]08[sec] W.; thence along the shoreline to the point of 
beginning.
    (b) Area No. 2. The waters east of Goat Island beginning at a point 
bearing 090[deg], 245 yards from Goat Island Shoal Light; thence 
007[deg], 505 yards; thence 054[deg], 90 yards; thence 086[deg], 330 
yards; thence 122[deg], 90 yards; thence 179[deg], 290 yards; thence 
228[deg], 380 yards; thence 270[deg], 250 yards to the point of 
beginning.
    (c) Area No. 3. The waters north of Goat Island Causeway Bridge 
beginning at Newport Harbor Light; thence 023[deg] to the southwest 
corner of Anchorage E; thence 081[deg] following the southerly boundary 
of Anchorage E to the shoreline; thence south along the shoreline to the 
east foot of the Goat Island

[[Page 431]]

Causeway bridge; thence west following Goat Island Causeway Bridge to 
the shoreline of Goat Island; thence north following the east shore of 
Goat Island to the point of beginning.

[CGD 76-104, 44 FR 21792, Apr. 12, 1979]



Sec. 110.47  Little Narragansett Bay, Watch Hill, R.I.

    All of the navigable waters of Watch Hill Cove southeasterly of a 
line beginning at the shore end of the United States project groin on 
the southerly shore of the cove and running 41[deg]30[min] true, to the 
northerly shore of the cove at a point about 200 feet west of the west 
side of the shore end of Meadow Lane, with the exception of a 100-foot 
wide channel running from the westerly end of the cove in a 
southeasterly direction to the Watch Hill Yacht Club pier, thence along 
in front of the piers on the easterly side of the cove northerly to the 
shore at the north end of the cove.



Sec. 110.48  Thompson Cove on east side of Pawcatuck River below Westerly, R.I.

    Eastward of a line extending from the channelward end of Thompson 
Dock at the northern end of Thompson Cove 184[deg] to the shore at the 
southern end of Thompson Cove.



Sec. 110.50  Stonington Harbor, Conn.

    (a) Area No. 1. Beginning at the southeastern tip of Wamphassuc 
Point; thence to the northwesterly end of Stonington Inner Breakwater; 
thence along the breakwater to longitude 71[deg]54[min]50.5[sec]; thence 
to latitude 41[deg]20[min]25.3[sec], longitude 71[deg]54[min]50.5[sec]; 
thence to a point on the shoreline at latitude 41[deg]20[min]32[sec], 
longitude 71[deg]54[min]54.8[sec]; thence along the shoreline to the 
point of beginning.
    (b) Area No. 2. Beginning at a point on the shoreline at latitude 
41[deg]19[min]55.8[sec], longitude 71[deg]54[min]28.9[sec]; thence to 
latitude 41[deg]19[min]55.8[sec], longitude 71[deg]54[min]37.1[sec]; 
thence to latitude 41[deg]20[min]01.6[sec], longitude 
71[deg]54[min]38.8[sec]; thence to a point on the shoreline at latitude 
41[deg]20[min]02[sec], longitude 71[deg]54[min]34.3[sec]; thence along 
the shoreline to the point of beginning.
    (c) Area No. 3. Beginning at a point on the shoreline at latitude 
41[deg]20[min]29.5[sec], longitude 71[deg]54[min]43[sec]; thence to 
latitude 41[deg]20[min]25.6[sec], longitude 71[deg]54[min]48.5[sec]; 
thence to latitude 41[deg]20[min]10.7[sec], longitude 
71[deg]54[min]48.5[sec]; thence to the shoreline at latitude 
41[deg]20[min]10.7[sec]; thence along the shoreline to the point of 
beginning.

    Note: A fixed mooring stake or pile is prohibited. The General 
Statutes of the State of Connecticut authorizes the Harbor Master of 
Stonington to station and control a vessel in the harbor.

[CGFR 68-164, 34 FR 1380, Jan. 29, 1969]



Sec. 110.50a  Fishers Island Sound, Stonington, Conn.

    An area on the east side of Mason Island bounded as follows:
    Beginning at the shore line on the easterly side of Mason Island at 
latitude 41[deg]20[min]06[sec]; thence due east about 600 feet to 
latitude 41[deg]20[min]06[sec], longitude 71[deg]57[min]37[sec]; thence 
due south about 2,400 feet to latitude 41[deg]19[min]42[sec], longitude 
71[deg]57[min]37[sec]; thence due west about 1,000 feet to the shore 
line on the easterly side of Mason Island at latitude 
41[deg]19[min]42[sec]; thence along the shore line to the point of 
beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and the discretion of the local Harbor Master.



Sec. 110.50b  Mystic Harbor, Groton and Stonington, Conn.

    (a) Area No. 1. Beginning at Ram Point on the westerly side of Mason 
Island at latitude 41[deg]19[min]44[sec], longitude 
71[deg]58[min]42[sec]; thence to latitude 41[deg]19[min]30[sec], 
longitude 71[deg]58[min]43[sec]; thence to latitude 
41[deg]19[min]36[sec], longitude 71[deg]58[min]58[sec]; thence to 
latitude 41[deg]19[min]45[sec], longitude 71[deg]58[min]56[sec]; thence 
to the point of beginning.
    (b) Area No. 2. Beginning at a point about 250 feet southerly of 
Area 1 and on line with the easterly limit of Area 1 at latitude 
41[deg]19[min]27[sec], longitude 71[deg]58[min]44[sec]; thence to 
latitude 41[deg]19[min]19[sec], longitude 71[deg]58[min]45[sec]; thence 
to latitude 41[deg]19[min]25[sec], longitude 71[deg]58[min]59[sec]; 
thence to latitude 41[deg]19[min]33[sec], longitude 
71[deg]58[min]58[sec]; thence to the point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be

[[Page 432]]

so placed that no vessel, when anchored, shall at any time extend beyond 
the limits of the areas. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction and at the discretion 
of the local Harbor Master.



Sec. 110.50c  Mumford Cove, Groton, Conn.

    (a) Area No. 1. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41[deg]19[min]36[sec], longitude 
72[deg]01[min]06[sec]; thence to latitude 41[deg]19[min]30[sec], 
longitude 72[deg]01[min]04[sec]; thence to the shoreline at latitude 
41[deg]19[min]31[sec], longitude 72[deg]01[min]00[sec]; and thence along 
the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41[deg]19[min]15[sec], longitude 
72[deg]00[min]54[sec]; thence to latitude 41[deg]19[min]14.5[sec], 
longitude 72[deg]00[min]59[sec]; thence to latitude 
41[deg]19[min]11[sec], longitude 72[deg]00[min]58[sec]; thence to 
latitude 41[deg]19[min]10[sec], longitude 72[deg]00[min]54[sec]; thence 
to latitude 41[deg]19[min]12.5[sec], longitude 72[deg]00[min]52[sec]; 
thence to latitude 41[deg]19[min]14[sec], longitude 
72[deg]00[min]55[sec]; and thence to the point of beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion, of the local Harbor Master.



Sec. 110.50d  Mystic Harbor, Noank, Conn.

    (a) The area comprises that portion of the harbor off the easterly 
side of Morgan Point beginning at a point at latitude 
41[deg]19[min]15[sec], longitude 71[deg]59[min]13.5[sec]; thence to 
latitude 41[deg]19[min]15[sec], longitude 71[deg]59[min]00[sec]; thence 
to latitude 41[deg]19[min]02.5[sec], longitude 71[deg]59[min]00[sec]; 
thence to latitude 41[deg]19[min]06[sec], longitude 
71[deg]59[min]13.5[sec]; and thence to the point of beginning.
    (b) The following requirements shall govern this special anchorage 
area:
    (1) The area will be principally for use by yachts and other 
recreational craft.
    (2) Temporary floats or buoys for marking anchors will be allowed 
but fixed piles or stakes are prohibited. All moorings shall be so 
placed that no vessel, when anchored, shall extend beyond the limits of 
the area.
    (3) The anchoring of vessels and the placing of temporary moorings 
shall be under the jurisdiction and at the discretion of the local 
harbor master, Noank, Conn.

[CGFR 68-3, 33 FR 4738, Mar. 20, 1968]



Sec. 110.51  Groton, Conn.

    The waters between an unnamed cove and Pine Island.
    (a) Beginning at a point on the shoreline of Avery Point at latitude 
41[deg]19[min]01.4[sec], longitude 072[deg]03[min]42.8[sec]; thence to a 
point in the cove at latitude 41[deg]19[min]02.5[sec], longitude 
72[deg]03[min]36.2[sec]; thence southeasterly to a point at latitude 
41[deg]18[min]56.2[sec], longitude 072[deg]03[min]34.2[sec]; thence 
northeasterly to latitude 41[deg]19[min]02.5[sec], longitude 
072[deg]03[min]19.2[sec] thence terminating at the tip of Jupiter Point 
at latitude 41[deg]19[min]04.4[sec], longitude 072[deg]03[min]19.7[sec]. 
DATUM: NAD 83
    (b) Beginning at a point on the shoreline of Pine Island at latitude 
41[deg]18[min]47.1[sec], longitude 072[deg]03[min]36.8[sec]; thence 
northerly to latitude 41[deg]18[min]54.1[sec], longitude 
072[deg]03[min]35.4[sec]; thence northeasterly to a point at latitude 
41[deg]19[min]01.2[sec], longitude 072[deg]03[min]19.3[sec]; thence 
terminating at a point at latitude 41[deg]18[min]54.0[sec], longitude 
072[deg]03[min]17.5[sec]. DATUM: NAD 83

    Note: The areas designated by (a) and (b) are principally for the 
use of recreational vessels. Vessels shall be anchored so that part of 
the vessel obstructs the 135 foot wide channel. Temporary floats or 
buoys for marking the location of the anchor of a vessel at anchor may 
be used. Fixed mooring pilings or stakes are prohibited.

[CGD01-97-014, 63 FR 34815, June 26, 1998]



Sec. 110.52  Thames River, New London, Conn.

    (a) Area No. 1. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 100 yards 
southeasterly of the southerly side of Thames Street extended; thence 
84[deg], 420 yards; thence 156[deg], 425 yards; thence 240[deg], 210 
yards, to the shore; and thence northwesterly along the shore to the 
point of beginning.
    (b) Area No. 2. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 15 yards 
southeasterly of the southerly side of Converse Place extended; thence 
54[deg], 170 yards; thence 114[deg]30[min], 550 yards; thence 
266[deg]30[min], 250 yards; thence 234[deg], 230

[[Page 433]]

yards, to the shore; and thence northwesterly along the shore to the 
point of beginning.
    (c) Area No. 3. An area on the westerly side of the Thames River in 
the vicinity of Jacobs Rock, the location of the U.S. Coast Guard 
Academy Sailing Center, bounded as follows: Beginning at the point on 
the shore where the north side of the Jacobs Rock causeway meets the 
western shoreline; thence northerly along the western shore of the 
Thames River a distance of 200 yards: thence 090[deg], 240 yards; thence 
180[deg], 200 yards to the Jacobs Rock causeway; thence westerly along 
the causeway to the point of beginning.
    (d) Area No. 4. An area in the western part of the Thames River, 
north of the highway bridge, bounded as follows: Beginning at a point 
125 yards north of the highway bridge at latitude 41[deg]21[min]56[sec] 
N., longitude 72[deg]05[min]32[sec] W.; thence easterly to latitude 
41[deg]21[min]56[sec] N., longitude 72[deg]05[min]27[sec] W.; thence 
northerly to latitude 41[deg]22[min]12[sec] N., longitude 
72[deg]05[min]27[sec] W.; thence westerly to latitude 
41[deg]22[min]12[sec] N., longitude 72[deg]05[min]47[sec] W.; thence 
southeasterly to latitude 41[deg]22[min]02[sec] N., longitude 
72[deg]05[min]40[sec] W.; thence downriver along the charted foul 
grounds to the point of beginning.

    Note: The area designated by paragraph (c) of this section is 
principally for the use of U.S. Coast Guard Academy and Academy-related 
boats. Temporary floats or buoys for marking anchors may be used. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction and at the discretion of the Chief, Waterfront Branch, U.S. 
Coast Guard Academy, New London, Connecticut.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD3-84-37, 49 FR 
36840, Sept. 20, 1984; CGD3 85-67, 51 FR 32317, Sept. 11, 1986]



Sec. 110.53  Niantic, Conn.

    Beginning on the shoreline at latitude 41[deg]18[min]25.3[sec], 
longitude 72[deg]12[min]16.3[sec]; thence to latitude 
41[deg]18[min]23.3[sec], longitude 72[deg]12[min]11.6[sec]; thence to 
latitude 41[deg]18[min]50.7[sec], longitude 72[deg]11[min]51.5[sec]; 
thence to the shoreline at latitude 41[deg]18[min]56.5[sec], longitude 
72[deg]12[min]05.6[sec]; thence along the shoreline to the point of 
beginning.

    Note: This area is for public use, principally for vessels used for 
a recreational purpose. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited.

[CGFR 69-24, 34 FR 6480, Apr. 15, 1969]



Sec. 110.54  Long Island Sound, on west side of entrance to Pataguanset River, Conn.

    An area east of Giants Neck (formerly known as Grant Neck) described 
as follows: Beginning at a point bearing 114[deg], 75 feet, from the 
outer end of the breakwater at the south end of Giants Neck; thence 
90[deg], 1,050 feet; thence 22[deg]17[min]30[sec], 2,140 feet; thence 
283[deg]- 27[min]15.5[sec], 240 feet; thence 220[deg]36[min]39[sec], 
1,252.6 feet; thence 295[deg]23[min]16.5[sec], 326.5 feet; thence 
269[deg]02[min]42.6[sec], 240 feet; thence 261[deg]46[min]50.9[sec], 
181.9 feet; thence 226[deg]28[min]07.7[sec], 275.9 feet; thence 
147[deg]43[min]27.7[sec], 449.4 feet; thence 238[deg]01[min]35.8[sec], 
379.6 feet; and thence approximately 156[deg]31[min]05.8[sec], 462.11 
feet, to the point of beginning.



Sec. 110.55  Connecticut River, Conn.

    (a) West of Calves Island at Old Saybrook. Beginning at a point 
bearing 254[deg]09[min]16[sec], 153 yards, from Calves Island 20 Light; 
thence 157[deg], 1,037 yards; thence 175[deg], 150 yards; thence 
265[deg], 250 yards; thence 350[deg], 660 yards; thence 337[deg], 460 
yards; and thence approximately 67[deg], 135 yards, to the point of 
beginning.
    (a-1) Area No. 1, at Essex. Beginning at a point on the shore on the 
west side of Haydens Point bearing approximately 211[deg], 270 yards, 
from Haydens Point Light; thence 270[deg], 160 yards; thence due north, 
140 yards; thence 300[deg], 190 yards; thence 330[deg], 400 yards; 
thence 90[deg], 60 yards; thence 150[deg], 350 yards; thence 120[deg], 
about 434 yards to a point on the shore; thence along the shore 
southwesterly to the point of beginning.
    (b) Area No. 2, at Essex. Beginning at a point latitude 
41[deg]21[min]22[sec], longitude 72[deg]22[min]53[sec]; thence 
205[deg]30[min], 375 yards; thence 194[deg]31[min], 100 yards; thence 
185[deg]00[min], 440 yards; thence 153[deg]30[min], 80 yards; thence 
121[deg]00[min], 220 yards; thence due north approximately 1060 yards to 
the point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings

[[Page 434]]

will be under the jurisdiction and at the discretion of the local Harbor 
Master.

    (c) West of Brockway Island at Essex. That portion of the waters 
northwest of a line ranging 238[deg] from latitude 
41[deg]22[min]20.7[sec], longitude 72[deg]22[min]49.8[sec] to the 
shoreline; southwest of a line connecting a point at latitude 
41[deg]22[min]20.7[sec], longitude 72[deg]22[min]49.8[sec] and a point 
at latitude 41[deg]22[min]28.2[sec], longitude 72[deg]22[min]56[sec]; 
and southeast of a line ranging 238[deg] from latitude 
41[deg]22[min]28.2[sec], longitude 72[deg]22[min]56[sec] to the 
shoreline.

    Note: This area is principally for vessels used for a recreational 
purpose. A mooring buoy is permitted. Fixed mooring piles or stakes are 
prohibited.

    (d) Area No. 1, at Eddy Rock Light. Beginning at latitude 
41[deg]26[min]38[sec], longitude 72[deg]27[min]37[sec]; thence extending 
southeasterly to latitude 41[deg]26[min]12[sec], longitude 
72[deg]27[min]18[sec]; thence extending westerly to latitude 
41[deg]26[min]11[sec], longitude 72[deg]27[min]22[sec]; thence extending 
northwesterly to latitude 41[deg]26[min]23[sec], longitude 
72[deg]27[min]42[sec]; thence extending northerly to latitude 
41[deg]26[min]36[sec], longitude 72[deg]27[min]43[sec]; thence extending 
easterly to the point of beginning.
    (e) Area No. 2, at Lord Island. Beginning at latitude 
41[deg]26[min]11[sec], longitude 72[deg]27[min]16[sec]; thence extending 
south southeasterly to latitude 41[deg]26[min]03[sec], longitude 
72[deg]27[min]02[sec]; thence extending southeasterly to latitude 
41[deg]25[min]59[sec], longitude 72[deg]26[min]51[sec]; thence extending 
southwesterly to latitude 41[deg]25[min]58[sec], longitude 
72[deg]26[min]52[sec]; thence extending northwesterly to latitude 
41[deg]26[min]05[sec], longitude 72[deg]27[min]11[sec]; thence extending 
north northwesterly to latitude 41[deg]26[min]10[sec], longitude 
72[deg]27[min]20[sec]; thence extending easterly to the point of 
beginning.

    Note: The areas designated by paragraphs (d) and (e) of this section 
are principally for use by yachts and other recreational craft. Fore and 
aft moorings will be allowed. Temporary floats or buoys for marking 
anchors in place will be allowed. Fixed mooring piles or stakes are 
prohibited. All moorings shall be so placed that no vessel, when 
anchored, shall at any time extend beyond the limits of the areas. The 
anchoring of vessels and placing of mooring floats or buoys will be 
under the jurisdiction, and at the discretion of the local Harbor 
Master. Area 2 will not be used during the shad fishing season.

    (e-1) Area No. 1 at Chester. Beginning at a point about 600 feet 
southeasterly of the entrance of Chester Creek, at latitude 
41[deg]24[min]23[sec], longitude 72[deg]25[min]41[sec]; thence due south 
about 1,800 feet to latitude 41[deg]24[min]05[sec], longitude 
72[deg]25[min]41[sec]; thence due east about 600 feet to latitude 
41[deg]24[min]05[sec], longitude 72[deg]25[min]32[sec]; thence due north 
about 1,800 feet to latitude 41[deg]24[min]23[sec], longitude 
72[deg]25[min]32[sec]; thence due west about 600 feet to the point of 
beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is allowed. Fixed mooring piles or 
stakes are prohibited.

    (e-2) Area No. 2 at Chester. That area south of latitude 
41[deg]24[min]43.9[sec], west of longitude 72[deg]25[min]35[sec], north 
of latitude 41[deg]24[min]33.4[sec], and east of longitude 
72[deg]25[min]40.8[sec].

    Note: Area No. 2 may not be used during the shad fishing season, 
April 1 to June 15, inclusive. A mooring buoy is permitted at other 
times. Fixed mooring piles or stakes are prohibited.

    (f) Vicinity of Mouse Island Bar below Portland. On the north side 
of the river shoreward of lines described as follows: (1) Beginning at a 
point bearing 02[deg], 175 yards, from Mouse Island 73 Light; thence 
270[deg], 480 yards; and thence due north, approximately 230 yards, to 
the shore. (2) Beginning at the said point bearing 02[deg], 175 yards, 
from Mouse Island 73 Light; thence 70[deg], 400 yards; and thence 
350[deg], approximately 250 yards, to the shore.
    (g) Area at Portland. Beginning at a point on the shore, about 700 
feet southeasterly from the easterly end of the New York, New Haven and 
Hartford Railroad Company bridge, at latitude 41[deg]33[min]55[sec], 
longitude 72[deg]38[min]43[sec]; thence 250[deg] to latitude 
41[deg]33[min]54[sec], longitude 72[deg]38[min]46[sec]; thence 160[deg] 
to latitude 41[deg]33[min]48[sec], longitude 72[deg]38[min]43[sec]; 
thence 145[deg] to latitude 41[deg]33[min]44[sec], longitude 
72[deg]38[min]39[sec]; thence 55[deg] to a point on the shore at 
latitude 41[deg]33[min]47[sec], longitude 72[deg]38[min]32[sec]; thence 
along the shore to the point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel, when anchored, shall at any time 
extend beyond the limit of the area or closer than 50 feet to the 
Federal channel limit. The anchoring of vessels and

[[Page 435]]

the placing of temporary moorings will be under the jurisdiction, and at 
the discretion of the local Harbor Master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 68-137, 33 
FR 18279, Dec. 10, 1968; CGFR 68-139, 33 FR 18437, Dec. 12, 1968]



Sec. 110.55a  Five Mile River, Norwalk and Darien, Conn.

    The water area of the Five Mile River beginning at a point on the 
southeast shore of Butler Island at latitude 41[deg]03[min]27.5[sec] N., 
longitude 73[deg]26[min]52[sec] W.; thence following the shoreline 
northerly along the westerly side of Five Mile River to the highway 
bridge at Route 136 (White Bridge); thence easterly along the southerly 
side of the highway bridge to the easterly side of Five Mile River; 
thence following the shoreline southerly along the easterly side of Five 
Mile River to a point on the southwest shore at Rowayton at latitude 
41[deg]03[min]30[sec] N., longitude 73[deg]26[min]47[sec] W., thence 
242[deg] to the point of beginning, except those areas within the 
designated project channel as shown by dotted lines on the Five Mile 
River on Chart No. 12368 (formerly C and GS Chart No. 221) issued by 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce.

    Note: Under an Act of the Connecticut State Legislature the harbor 
superintendent, appointed by the Five Mile River Commission, may control 
moorings and navigation including preventing vessels from anchoring in 
the Federal project channel.

[CGD 76-44, 41 FR 40467, Sept. 20, 1976]



Sec. 110.56  Noroton Harbor, Darien, Conn.

    (a) Beginning at a point on the southwesterly side of Long Neck 
Point at latitude 41[deg]02[min]10[sec], longitude 
73[deg]28[min]44[sec]; thence northwesterly to latitude 
41[deg]02[min]17[sec], longitude 73[deg]29[min]11[sec]; thence in a 
north-northwesterly direction to the southeast side of Pratt Island at 
latitude 41[deg]02[min]28[sec], longitude 73[deg]29[min]17[sec]; thence 
following the shoreline around the easterly and northerly sides of Pratt 
Island, the westerly and northerly sides of Pratt Cove, and the westerly 
side of the Darien River to the causeway and dam at Gorham Pond on the 
north; thence along the downstream side of the causeway and dam to the 
easterly side of the Darien River, thence along the easterly shoreline 
to the point of beginning.

    Note: An ordinance of the town of Darien, Conn. requires the Darien 
Harbor Master's approval of the location and type of any mooring placed 
in this special anchorage area.

[CGFR 68-122, 33 FR 18238, Dec. 7, 1968]



Sec. 110.58  Cos Cob Harbor, Greenwich, Conn.

    (a) Area A. Beginning at the mean low water line about 2,800 feet 
downstream from the easterly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41[deg]01[min]23[sec], longitude 
73[deg]35[min]40[sec]; thence extending True west to latitude 
41[deg]01[min]23[sec], longitude 73[deg]35[min]42[sec]; thence extending 
southwesterly to a point at latitude 41[deg]01[min]02[sec], longitude 
73[deg]35[min]50[sec]; thence True east to a point on the shoreline at 
latitude 41[deg]01[min]02[sec], longitude 73[deg]35[min]48[sec]; thence 
extending along the mean low water line to the point of beginning.
    (b) Area B. Beginning at the mean low water line about 700 feet 
downstream from the westerly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41[deg]01[min]42[sec], longitude 
73[deg]35[min]47[sec]; thence True east to latitude 
41[deg]01[min]42[sec], longitude 73[deg]35[min]45[sec]; thence 
southeasterly to latitude 41[deg]01[min]23[sec], longitude 
73[deg]35[min]44[sec]; thence southwesterly to latitude 
41[deg]01[min]04[sec], longitude 73[deg]35[min]52[sec], thence 
southwesterly to latitude 41[deg]01[min]02[sec], longitude 
73[deg]35[min]55[sec]; thence True west to a point on shore on the 
northerly side of Goose Island at latitude 41[deg]01[min]02[sec], 
longitude 73[deg]36[min]00[sec]; thence True north to a point at the 
mean low water line at latitude 41[deg]01[min]05[sec], longitude 
73[deg]36[min]00[sec]; thence along the mean low water line to the point 
of beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion of the local Harbor Master. All 
moorings shall be so placed that no moored vessels will extend into the 
waters beyond the limits of the areas or closer than 50 feet to the 
Federal channel limits.

[[Page 436]]



Sec. 110.60  Port of New York and vicinity.

    (a) Huntington Harbor. Beginning on the shoreline at latitude 
40[deg]54[min]19.5[sec], longitude 73[deg]26[min]07.9[sec]; thence to 
latitude 40[deg]54[min]19.5[sec], longitude 73[deg]26[min]02.4[sec]; 
thence along the eastern shoreline to the Mill Dam Road Bridge; thence 
along the downstream side of the bridge to the westerly side of 
Huntington Harbor; thence along the western shoreline to the point of 
beginning.
    (a-1) Centerport Harbor. Beginning at the shoreline at latitude 
40[deg]54[min]00[sec], longitude 73[deg]22[min]55.3[sec]; thence to 
latitude 40[deg]54[min]03.8[sec], longitude 73[deg]22[min]52.1[sec]; 
thence along the eastern shoreline to the Mill Dam Bridge; thence along 
the downstream side of the bridge to the westerly side of Centerport 
Harbor; thence along the western shoreline to the point of beginning.
    (a-2) Northport Harbor. Beginning on the shoreline at latitude 
40[deg]54[min]25[sec], longitude 73[deg]22[min]05[sec]; thence to 
latitude 40[deg]54[min]37.5[sec], longitude 73[deg]21[min]32.9[sec]; 
thence along the eastern shoreline to latitude 40[deg]53[min]33.1[sec], 
longitude 72[deg]21[min]28.2[sec]; thence to latitude 
40[deg]53[min]25.8[sec], longitude 73[deg]21[min]37.7[sec]; thence along 
the shoreline to the point of beginning.

    Note: The areas designated by paragraphs (a), (a-1), and (a-2) of 
this section are principally for vessels used for a recreational 
purpose. A vessel shall be anchored so that no part of the vessel comes 
within 50 feet of the marked channel. A temporary float or buoy for 
marking the location of the anchor of a vessel at anchor may be used. 
Fixed mooring piles or stakes are prohibited.

    (b) New Rochelle Harbor, west and south of Glen Island. That portion 
of Long Island Sound Anchorage No. 1 (described in Sec. 110.155) 
between Hog Island, Travers Island, Neptune Island and Glen Island and 
the mainland, to the westward of a line extending from the cupola at the 
southeast extremity of Glen Island to the easternmost extremity of Hog 
Island, and to the northeastward of a line extending from the southwest 
extremity of Hog Island to the southeast corner of Travers Island; 
excluding therefrom all waters within 25 feet of the 50-foot channel 
west and south of Glen Island.
    (b-1) New Rochelle, Echo Bay. That portion of Long Island Sound 
Anchorage Grounds No. 1-A and No. 1-B (described in Sec. 110.155(a)(2) 
and (3)) northwest of a line ranging 30[deg]30[min] from the 
northeastern tip of Davenport Neck to the southeastern tip of Premium 
Point.

    Note: An ordinance of the Town of New Rochelle N.Y., requires a 
permit from the New Rochelle Harbor Master or the New Rochelle 
Superintendent of Bureau of Marinas, Docks and Harbors before any 
mooring is placed in this special anchorage area.

    (c) New Rochelle Harbor, east of Glen Island. That portion of Long 
Island Sound Anchorage No. 1 (as described in Sec. 110.155(a)) between 
Glen Island and Goose Islands breakwater, northward of a line extending 
from the northwest end of Goose Islands breakwater to the cupola at the 
north end of the bathing beach on Glen Island.
    (c-1) City Island Harbor, east of City Island. That portion of Long 
Island Sound Anchorage No. 1 (described in Sec. 110.155) between City 
Island and Hart Island eastward of a line ranging 339[deg] between the 
steeple on City Island and the westernmost corner of the Administration 
Building at Orchard Beach; southward of a line ranging 50[deg] between 
the northerly abutment on the westerly end of the City Island drawbridge 
and tangent to Chimney Sweeps; westward of a line tangent to Chimney 
Sweeps and ranging 163[deg] toward the west gable on Rat Island and 
westward of a line tangent to the easterly side of High Island and 
ranging 152[deg]30[min] from the west gable on Rat Island; and northward 
of a line ranging 56[deg] between the Buryea Pier at Belden Point, City 
Island to Hart Island Light, except for the cable and pipe line area 
extending between City Island and Hart Island.
    (d) Eastchester Bay, west of City Island. That portion of Long 
Island Sound Anchorage No. 1 (as described in Sec. 110.155(a)) west of 
City Island and within the following limits: Northward of a line ranging 
244[deg] from the Duryea Pier at the foot of City Island Avenue to Big 
Tom Nun Buoy No. 2 (latitude 40[deg]50[min]01[sec], longitude 
73[deg]47[min]25[sec] ); thence northeastward of a line ranging 329[deg] 
from Big Tom Nun Buoy No. 2 through the Nun Buoy (latitude 
40[deg]50[min]46[sec], longitude 73[deg]48[min]01[sec] ) off the 
southern end of Rodman Neck; southeastward of a line ranging 205[deg] 
from the east abutment of the City Island Bridge through the south tower 
of the Bronx-Whitestone Bridge; and southward of a line ranging

[[Page 437]]

90[deg] from the Pelham War Memorial in Pelham Bay Park and the steeple 
of the church at the southeast corner of Elizabeth Street and City 
Island Avenue.
    (e) Eastchester Bay, along west shore. That portion of Long Island 
Sound Anchorage No. 1 (as described in Sec. 110.155(a)) along the west 
shore of Eastchester Bay north of and including Weir Creek, shoreward of 
a line ranging 349[deg] from the end of the timber pier at the foot of 
Pope Place, Edgewater, and through the transmission tower at the 
northeast side of the draw of the New York, New Haven and Hartford 
Railroad Bridge over Eastchester Creek, and having as its northerly 
limit the line ranging 79[deg] through the row of telephone poles along 
the north side of Watt Avenue.
    (f) Eastchester Bay, Locust Point Harbor. That portion of Long 
Island Sound Anchorage No. 2 (as described in Sec. 110.155(a)) included 
within the limits of Locust Point Harbor between Wright Island and 
Throgs Neck and to the westward of a north and south line (longitude 
73[deg]47[min]58[sec] ) through the southerly corner of the concrete 
culvert at the southerly end of the stone wall at Locust Point on Wright 
Island.
    (g) Manhasset Bay, west area at Manorhaven. That portion of Long 
Island Sound Anchorage No. 4 (described in Sec. 110.155) westward of a 
line (longitude 73[deg]42[min]53[sec] ) ranging 180[deg] from the end of 
the Town of North Hempstead pier at Manorhaven; northwestward of a line 
ranging 233[deg] from the intersection of the shore and the northerly 
line of Corchang Avenue (extended) on Tom Point toward Plum Point Shoal 
Buoy 3 (latitude 40[deg]49[min]48.5[sec], longitude 
73[deg]43[min]25[sec] ); and northeastward of a line ranging 119[deg] 
from the cupola on Plum Point toward the inshore end of the northerly 
side of the Purdy Boat Company pier at Port Washington; excluding 
therefrom the seaplane restricted area described in Sec. 207.35.
    (h) Manhasset Bay, east area at Manorhaven. That portion of Long 
Island Sound Anchorage No. 4 (described in Sec. 110.155) bounded as 
follows: Beginning at the shoreline at 40[deg]50[min]18[sec] N, 
73[deg]42[min]51[sec] W; thence 180[deg] to 40[deg]50[min]05[sec] N, 
73[deg]42[min]51[sec] W; thence 132[deg] to 40[deg]49[min]58[sec] N, 
73[deg]42[min]41[sec] W; thence 234[deg] to 40[deg]49[min]48.5[sec] N, 
73[deg]42[min]58[sec] W; thence 090[deg] to 40[deg]49[min]48.5[sec] N, 
73[deg]42[min]22.5[sec] W; thence 020[deg] to 40[deg]50[min]01.5[sec] N, 
73[deg]42[min]16[sec] W; thence due north to the point of land at 
Manorhaven northeasterly of Tom Point; thence southwesterly along the 
shore to and around Tom Point and north northwesterly along the shore to 
the point of beginning.
    (i) Manhasset Bay, at Port Washington. That portion of Long Island 
Sound Anchorage No. 4 (described in Sec. 110.155) southward of latitude 
40[deg]49[min]44[sec]; eastward of a line ranging 161[deg] from the 
offshore end of the Yacht Service, Inc., pier on the Copp Estate at 
Manorhaven toward the flagpole on the end of the Whitney Dock at 
Plandome; and northward of latitude 40[deg]49[min]06[sec].
    (i-1) Manhasset Bay, at Kings Point. That portion of Long Island 
Sound Anchorage No. 4 (described in Sec. 110.155(a)(6)) bounded as 
follows: Beginning at a point on the shoreline at latitude 
40[deg]49[min]24.4[sec], longitude 73[deg]43[min]41.5[sec]; thence to a 
point at latitude 40[deg]49[min]32.5[sec], longitude 
73[deg]43[min]30.1[sec]; thence to a point at latitude 
40[deg]49[min]42.9[sec], longitude 73[deg]43[min]55.2[sec]; thence to a 
point on the shoreline at latitude 40[deg]49[min]39[sec], longitude 
73[deg]43[min]59[sec]; thence along the shoreline to the point of 
beginning.
    (j) Manhasset Bay, at Plandome. That portion of Long Island Sound 
Anchorage No. 4 (described in Sec. 110.155) southward of the line of 
the Whitney Dock at Plandome extended; eastward of a line ranging 
186[deg] from the Manhasset-Lakeville Water District tank at Thomaston 
toward the tank at Tom Point; and northward of Thompson's pier at 
Plandome extended.
    (j-1) Kings Point. That portion of Long Island Sound Anchorage No. 4 
(described in Sec. 110.155) beginning on the shoreline at latitude 
40[deg]49[min]00.3[sec], longitude 73[deg]45[min]43.5[sec]; thence to 
latitude 40[deg]49[min]03.9[sec], longitude 73[deg]45[min]47.1[sec]; 
thence to latitude 40[deg]49[min]12.9[sec], longitude 
73[deg]45[min]41.2[sec]; thence to latitude 40[deg]49[min]18.7[sec], 
longitude 73[deg]45[min]30.3[sec]; thence to latitude 
40[deg]49[min]08.2[sec], longitude 73[deg]45[min]19[sec]; thence along 
the shoreline to the point of beginning.

    Note: Temporary floats or buoys for marking anchors in place are 
allowed. Fixed mooring piles or stakes are prohibited. An

[[Page 438]]

ordinance of the village of Kings Point regulates mooring and anchoring 
in the area which includes this special anchorage area.


This special anchorage area is within the limits of Long Island Sound 
Anchorage No. 4 as described in Sec. 110.155(a)(6).
    (k) Little Neck Bay. That portion of Long Island Sound Anchorage No. 
5 (as described in Sec. 110.155(a)(7)), southeastward of a line ranging 
approximately 20[deg]30[min] from the flagpole at Fort Totten, Willets 
Point to the outermost dolphin of the U.S. Merchant Marine Academy's 
pier at Kings Point, Long Island.
    (l) Flushing Bay, north area. That portion of East River Anchorage 
No. 10 (described in Sec. 110.155), in the vicinity of College Point, 
southeastward of a line tangent to the west side of College Point 
ranging from College Point Reef Light to the offshore end of the most 
northerly rack of the former College Point Ferry slip.
    (l-1) Flushing Bay, north central area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) on the east side of 
Flushing Bay, southward of a line projecting due west from the tank 
located on the north side of the foot of 15th Avenue, College Point, 
eastward of a line parallel to, and 50 feet east of the east channel 
line in Flushing Bay, and northward of a line ranging 42[deg] from 
Flushing Bay Light 8 on the north end of the dike.
    (l-2) Flushing Bay, south central area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) on the east side of 
Flushing Bay, southward of a line ranging 52[deg] from a point at 
latitude 40[deg]46[min]29[sec], longitude 73[deg]51[min]16[sec]; 
eastward of a line parallel to, and 50 feet east of the east channel 
line in Flushing Bay, and northward of a line ranging 67[deg] from a 
point at latitude 40[deg]46[min]12[sec], longitude 73[deg]51[min]06[sec] 
to the shore.
    (m) Flushing Bay, southeast area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) south of a line ranging 
60[deg] from the northeasterly corner of the municipal pier at the 
Flushing Bay Boat Basin toward the stack (latitude 
40[deg]45[min]54[sec], longitude 73[deg]50[min]29[sec] ) of the New York 
City Asphalt Plant.
    (m-1) Flushing Bay, southwest area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) southwest of the 
breakwater, projecting offshore and southeast of La Guardia Airport; 
southerly of a line extending from the offshore end of the breakwater at 
latitude 40[deg]45[min]53[sec], longitude 73[deg]51[min]06[sec] to 
Flushing Bay Light 12 on the southerly end of the dike; westerly of a 
line extending from Flushing Bay Light 12 to a point at latitude 
40[deg]45[min]48[sec], longitude 73[deg]51[min]00[sec]; northwesterly of 
a line ranging 229[deg] from the point at latitude 
40[deg]45[min]48[sec], longitude 73[deg]51[min]00[sec] to the shore.
    (m-2) Flushing Bay, west area. That portion of East River Anchorage 
No. 10 (described in Sec. 110.155) adjacent to the northeasterly side 
of La Guardia Airport, easterly of a line ranging 39[deg] from the 
control tower at La Guardia Airport to College Point Reef Light, 
southward of a line extending due west from the tank on the north side 
of the foot of 15th Avenue, College Point, westward of a line parallel 
to, and 100 feet west of the west channel line in Flushing Bay and 
northerly of a line extending due west from Flushing Bay Light 8 on the 
north end of the dike.

    Note: The anchoring of vessels and placing of temporary moorings in 
anchorage areas described in paragraphs (m) and (m-1) of this section 
will be under the jurisdiction, and at the discretion of the local 
Harbor Master appointed by the City of New York.

    (n) Bowery Bay. All of that portion of East River Anchorage No. 10 
(described in Sec. 110.155) on the west side of Bowery Bay.
    (o) Hudson River, at Yonkers. Northward of a line on range with the 
footbridge across the New York Central Railroad Company tracks at the 
southerly end of Greystone Station; eastward of a line on range with the 
square, red brick chimney west of the New York Central Railroad Company 
tracks at Hastings-on-Hudson and the easterly yellow brick chimney of 
the Glenwood powerhouse of the Yonkers Electric Light and Power Company; 
and southward of a line on range with the first New York Central 
Railroad Company signal bridge north of the Yonkers Yacht Club.
    (o-1) Hudson River, at Glenwood, Yonkers, New York. That portion of 
the waters of the easterly side of Hudson River and adjacent to the 
northerly limits of the City of Yonkers, New

[[Page 439]]

York, northward of the northerly face of an outfall sewer pipe which is 
2,200 feet north of the Glenwood powerhouse; east of a line on range 
with the northwest corner of the powerhouse bulkhead and the westerly 
end of the outfall sewer pipe; and southward of a line ranging 110[deg] 
true to the first New York Central Railroad Company's signal bridge, 
north of the Yonkers Corinthian Yacht Club house.
    (o-2) Hudson River, at Nyack. That portion of the waters north of a 
line ranging 270[deg] from latitude 41[deg]05[min]35.1[sec], longitude 
73[deg]54[min]27[sec], to the shoreline; west of a line connecting 
latitude 41[deg]05[min]35.1[sec], longitude 73[deg]54[min]27[sec], and 
latitude 41[deg]06[min]06.3[sec], longitude 73[deg]54[min]27[sec]; and 
south of a line ranging 270[deg] from latitude 41[deg]06[min]06.3[sec], 
longitude 73[deg]54[min]27[sec] to the shoreline.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is permitted.

    (o-3) Hudson River, North Manhattan. That area enclosed by 
coordinates starting at 40[deg]51[min]08.0[sec] N., 
073[deg]56[min]36.1[sec] W., to 40[deg]51[min]09.5[sec] N., 
073[deg]56[min]40.9[sec] W., to 40[deg]52[min]08.1[sec] N., 
073[deg]55[min]57.0[sec] W., thence along the shoreline to the point of 
the beginning.
    (o-4) Hudson River, at Main Street, Yonkers. That portion of the 
Hudson River starting on shore at point 40[deg]56[min]15.4[sec] N, 
073[deg]54[min]11.2[sec] W; thence northwest to point 
40[deg]56[min]16.7[sec] N, 073[deg]54[min]20.2[sec] W; thence south to 
point 40[deg]56[min]08.9[sec] N, 073[deg]54[min]22.6[sec] W; thence 
southeast to point 40[deg]56[min]07.9[sec] N, 073[deg]54[min]16.9[sec] 
W; thence south to the Recreational Pier of the City of Yonkers at point 
40[deg]56[min]07.0[sec] N, 073[deg]54[min]17.3[sec] W.

    Note: This area is limited to vessels no greater than 20 meters in 
length and is primarily for use by recreational craft on a seasonal or 
transient basis. These regulations do not prohibit the placement of 
moorings within the anchorage area, but requests for the placement of 
moorings should be directed to the local government to ensure compliance 
with local and state laws. All moorings shall be so placed that no 
vessel, when anchored, will at any time extend beyond the limits of the 
area. Fixed mooring piles or stakes are prohibited. Mariners are 
encouraged to contact the local harbormaster for any additional 
ordinances and to ensure compliance with additional applicable state and 
local laws.

    (o-5) Hudson River, at JFK Marina, Yonkers. That portion of the 
Hudson River starting on shore at point 40[deg]57[min]28.0[sec] N, 
073[deg]53[min]46.1[sec] W; thence west to point 40[deg]57[min]30.5[sec] 
N, 073[deg]53[min]56.7[sec] W; thence southwest to point 
40[deg]57[min]07.5[sec] N, 073[deg]54[min]06.2[sec] W; thence east to 
shore at point 40[deg]57[min]06.0[sec] N, 073[deg]53[min]59.5[sec] W.

    Note: This area is limited to vessels no greater than 20 meters in 
length and is primarily for use by recreational craft on a seasonal or 
transient basis. These regulations do not prohibit the placement of 
moorings within the anchorage area, but requests for the placement of 
moorings should be directed to the local government to ensure compliance 
with local and state laws. All moorings shall be so placed that no 
vessel, when anchored, will at any time extend beyond the limits of the 
area. Fixed mooring piles or stakes are prohibited. Mariners are 
encouraged to contact the local harbormaster for any additional 
ordinances and to ensure compliance with additional applicable state and 
local laws.

    (p) Hudson River, at Hastings-on-Hudson. That portion of the waters 
northerly of a line extending from a point at latitude 
40[deg]59[min]56.0[sec], longitude 73[deg]53[min]11.3[sec] to the shore 
at latitude 40[deg]59[min]55.7[sec]; easterly of lines extending from 
the aforementioned point at latitude 40[deg]59[min]56.0[sec], longitude 
73[deg]53[min]11.3[sec] through a point at latitude 
41[deg]00[min]04.6[sec], longitude 73[deg]53[min]10.9[sec] to a point at 
latitude 41[deg]00[min]14.6[sec], longitude 73[deg]53[min]08.2[sec]; and 
southerly of a line extending from the last mentioned point to the shore 
at latitude 41[deg]00[min]14.2[sec].
    (p-1) Hudson River, at Tarrytown, NY. Beginning at a point on the 
shoreline at latitude 41[deg]04[min]20[sec] N. long. 
73[deg]52[min]04[sec] W.; thence due west to a point at lat. 
41[deg]04[min]20[sec] N. long. 73[deg]52[min]12[sec] W.; thence due 
south to a point at lat. 41[deg]04[min]13[sec] N., long. 
73[deg]52[min]12[sec] W.; thence due east to a point on the shoreline at 
lat. 41[deg]04[min]13[sec] N., long. 73[deg]52[min]00[sec] W.; thence 
along the shoreline to the point of beginning.
    (p-2) Hudson River, at West Point. That portion of the waters of the 
westerly side of the Hudson River, adjacent to the United States 
Military Academy, shoreward of a line connecting the extreme northwest 
corner of the south dock with a projection of land located approximately 
1,575 feet north thereof.
    (p-3) Hudson River, at Village of Haverstraw. That portion of the 
Hudson

[[Page 440]]

River bound by the following points: 41[deg]11[min]25.2[sec] N, 
073[deg]57[min]19.9[sec] W; thence to 41[deg]11[min]34.2[sec] N, 
073[deg]57[min]00.8[sec] W; thence to 41[deg]11[min]41.9[sec] N, 
073[deg]57[min]07.5[sec] W; thence to 41[deg]11[min]31.8[sec] N, 
073[deg]57[min]26.5[sec] W; thence to 41[deg]11[min]30.8[sec] N, 
073[deg]57[min]24.9[sec] W; thence to the point of origin (NAD 1983).
    (q) Newark Bay, southeast area. That portion of the waters on the 
southeasterly side of Newark Bay, north of a line ranging from the 
offshore end of the breakwater north of the former Elco Boat Works 
through Newark Bay Channel Buoy 6; east of a line ranging from a point 
200 yards east of the east pier of the lift span of the Central Railroad 
Company of New Jersey bridge to a point 200 yards east of the east end 
of the lift span of the Pennsylvania-Lehigh Valley Railroad bridge; and 
south of a line ranging from the southwest corner of the bulkhead at 
Bayonne City Park through Newark Bay Channel Buoy 11.

    Note: This special anchorage is within the limits of General 
Anchorage No. 37, described in Sec. 110.155(h)(4).

    (r) Newark Bay, southwest area. That portion of the waters on the 
southwesterly side of Newark Bay, north of a line ranging from Kill Van 
Kull Light 16 through Kill Van Kull Light 18 and Kill Van Kull Channel 
Buoy 20, northeast of a line through Kill Van Kull Channel Buoy 20 
perpendicular to the Singer Manufacturing Company's bulkhead, and 
southeast of a line 150 feet east of and parallel to the Singer 
Manufacturing Company's bulkhead, and south of a line 250 feet south of 
and parallel to the Central Railroad Company of New Jersey bridge and 
west of a line perpendicular to the dike at Kill Van Kull Light 16, 
excluding therefrom the ``Pipe Line Area.''

    Note: The greater portion of this special anchorage is within the 
limits of General Anchorage No. 34, described in Sec. 110.155(h)(1).

    (r-1) Great Kills Harbor. Beginning at a point on the shoreline at 
latitude 40[deg]32[min]05.6[sec], longitude 74[deg]08[min]24.2[sec]; 
thence to latitude 40[deg]32[min]06.7[sec], longitude 
74[deg]08[min]27.6[sec]; thence to latitude 40[deg]32[min]19[sec], 
longitude 74[deg]08[min]23.1[sec]; thence to latitude 
40[deg]32[min]27.8[sec], longitude 74[deg]08[min]25.9[sec]; thence to 
latitude 40[deg]32[min]40.2[sec], longitude 74[deg]08[min]10.5[sec]; 
thence to latitude 40[deg]32[min]44.2[sec]; longitude 
74[deg]08[min]12.9[sec]; thence along the northern and eastern shoreline 
to the point of beginning.

    Note: The special anchorage area is principally for use by yachts 
and other recreational craft. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited. Vessels shall be anchored so that no 
part of the vessel comes within 50 feet of the marked channel.


This special anchorage area is within the limits of General Anchorage 
No. 28 described in Sec. 110.155(f)(3).
    (s) Jamaica Bay. That portion of the waters on the westerly side of 
Jamaica Bay, westerly of a line ranging from Island Channel Buoy 21 
through Island Channel Buoy 23, northward of a line ranging from Island 
Channel Buoy 21 to the north abutment of the Shore Parkway Bridge across 
Paerdegat Basin, and southward of a line ranging 310[deg] from Island 
Channel Buoy 23.
    (s-1) Jamaica Bay, south area. That portion of Broad Channel 
westerly of a line bearing 190[deg]30[min] from the northerly terminus 
of the New York City Transit Authority trestle across Broad Channel to 
latitude 40[deg]35[min]50[sec], longitude 73[deg]49[min]06[sec], and 
thence northerly of a line bearing 254[deg] to the shore.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. The Captain of the Port of New York is authorized to issue 
permits for maintaining mooring buoys within the anchorage. The method 
of anchoring these buoys shall be as prescribed by the Captain of the 
Port. No vessel shall anchor in the anchorage in such manner as to 
interfere with the use of a duly authorized mooring buoy. The Captain of 
the Port, New York regulations in Sec. 110.155(l)(7) 0apply.

    (t) Cold Spring Harbor. That portion of the waters of Cold Spring 
Harbor easterly of a line ranging from the cupola in the extreme inner 
harbor through Cold Spring Harbor Light; southerly of a line ranging 
from the southernmost point of an L-shaped pier off Wawepex Grove 
through the Clock Tower at Laurelton and northerly of a line ranging 
from the outer end of the Socony Mobil Oil Company's pier at Cold Spring 
Harbor through the Clock Tower at Laurelton, with the exception of an 
area within a 300-foot radius of

[[Page 441]]

the outer end of the Socony Mobil Oil Company's pier.
    (u) Oyster Bay Harbor, New York. That portion of Oyster Bay Harbor 
adjacent to the easterly side of Centre Island, westerly of a line on 
range with Cold Spring Harbor Light and the Stone House on the end of 
Plum Point, Centre Island.
    (u-1) Hempstead Harbor, New York. That portion of the waters of 
Hempstead Harbor southerly of the Glen Cove Breakwater, northerly of a 
line ranging from ``Dome'' at Sea Cliff through Hempstead Harbor Buoy 9, 
and easterly of a line ranging from Glen Cove Breakwater Light through 
Hempstead Harbor Anchorage Buoys ``A'' and ``B'' and Hempstead Harbor 
Buoy 9, except for the entrance to Glen Cove Creek as defined by 
Hempstead Harbor Anchorage Buoy ``A'' and Glen Cove Entrance Buoy 1 on 
the north side of the entrance, and Hempstead Harbor Anchorage Buoy 
``B'' the Glen Cove Entrance Buoy 2 on the south side of the entrance.
    (u-2) Harbor of Oyster Bay, Oyster Bay, New York. The water area 
north of the town of Oyster Bay enclosed by a line beginning on the 
shoreline at latitude 40[deg]52[min]35.5[sec] N., longitude 
73[deg]32[min]17[sec] W.; thence to latitude 40[deg]52[min]59.5[sec] N., 
longitude 73[deg]32[min]18[sec] W.; thence to latitude 
40[deg]53[min]00[sec] N., longitude 73[deg]30[min]53[sec] W.; thence to 
latitude 40[deg]52[min]39[sec] N., longitude 73[deg]30[min]54[sec] W.; 
thence to the shoreline at latitude 40[deg]52[min]25[sec] N., longitude 
73[deg]31[min]18[sec] W.; thence following the shoreline to the point of 
beginning.
    (u-3) Harbor of Oyster Bay, New York, Moses Point to Brickyard 
Point. That portion of the waters of the Harbor of Oyster Bay enclosed 
by a line beginning at Moses Point on Centre Island at latitude 
40[deg]53[min]11[sec] N., longitude 73[deg]31[min]14[sec] W.; thence to 
latitude 40[deg]53[min]02[sec] N., longitude 73[deg]31[min]22[sec] W.; 
thence to latitude 40[deg]53[min]02[sec] N., longitude 
73[deg]32[min]00[sec] W.; thence to Brickyard Point on Centre Island at 
40[deg]53[min]06[sec] N., longitude 73[deg]32[min]00[sec] W.; thence 
following the shoreline to the point of beginning.

    Note: The anchoring of vessels and placement of temporary moorings 
in anchorage areas described in paragraphs (u), (u-2), and (u-3) of this 
section will be under the jurisdiction of the local Harbormaster 
appointed in accordance with Article 12 of the Village Ordinance of the 
Village of Centre Island, New York.

    (v) Hudson River, at Coeymans, New York. That portion of the waters 
of the westerly side of Hudson River, west of Coeymans Middle Dike, 
north of a line bearing due west from a point 700 feet south of Upper 
Hudson River Light No. 43, and south of a line bearing due west from 
Upper Hudson River Light No. 45, except for an area 125 feet wide, 
adjacent to and east of the bulkhead fronting the Village of Coeymans 
and Barren Island Dike.
    (w) Hudson River, at Cedar Hill, New York. That portion of the 
westerly side of the Hudson River, adjacent to Cedar Hill Dike, 250 feet 
in width, bounded on the south by the northerly side of the cut in the 
dike at the junction of the Vloman Kill and the Hudson River, and 
extending northerly therefrom 1,600 feet.
    (x) Sheepshead Bay--(1) Western Area. South of a line 25 feet south 
of and parallel to the bulkhead wall along the south side of Emmons 
Avenue; east of a line 200 feet east of and parallel to the prolonged 
west line of East 15th Street; north of a line 75 feet north of and 
parallel to the bulkhead wall along the north side of Shore Boulevard 
between Amherst Street and Dover Street and as prolonged to a point 315 
feet south of the bulkhead wall along the south side of Emmons Avenue 
and 25 feet west of the prolonged west side of Ocean Avenue; and west of 
a line parallel to and 25 feet west of the prolonged west line of Ocean 
Avenue.
    (2) Northern Area. South of the established U.S. pierhead line on 
the north side of the bay; west of the prolonged west line of Coyle 
Street; north of a line ranging from a point 90 feet south of said 
pierhead line in said prolonged west line of Coyle Street to the 
intersection of the south line of Shore Boulevard and the west line of 
Kensington Street; north of a line parallel to and 325 feet north of the 
bulkhead wall along the north side of Shore Boulevard; northeast of a 
line ranging from the point of intersection of the last-mentioned line 
with the prolonged east line of East 28th Street, toward a point on the 
prolonged east line of East 27th Street and 245 feet south of the 
established U.S. pierhead line on the north

[[Page 442]]

side of the bay; and east of the prolonged east side of East 27th 
Street.
    (3) Southern Area. South of a line extending from a point 175 feet 
northerly of the bulkhead wall along the north side of Shore Boulevard 
(perpendicular distance) and in the prolonged west side of Hastings 
Street to a point on the prolonged east side of Mackenzie Street 125 
feet north of the bulkhead wall on the north side of Shore Boulevard; 
thence south of a line parallel to and 125 feet northerly of the 
bulkhead wall along the north side of Shore Boulevard from the last-
mentioned point to the prolonged west line of Coyle Street; north of a 
line parallel to and 25 feet north of the bulkhead wall along the north 
side of Shore Boulevard; and east of the prolonged west side of Hastings 
Street.
    (4) Captain of the Port Regulations. In Sheepshead Bay, New York, 
Western, Northern, and Southern Special Anchorage Areas, the following 
applies:
    (i) Two anchors shall be used. The anchor minimum weight and minimum 
chain size shall be as shown in table 110.60(x)(4) and the anchor shall 
be placed as shown in figure 110.60(x)(4).
    (ii) The area is principally for vessels used for a recreational 
purpose.

                           Table 110.60(x)(4)
------------------------------------------------------------------------
                                   Anchor weight, in    Chain size, in
     Vessel length, in feet        pounds per anchor        inches
------------------------------------------------------------------------
15 or less......................  100...............  \5/16\.
Greater than 15 but not greater   150...............  \3/8\.
 than 21.
Greater than 21 but not greater   200...............  \3/8\.
 than 26.
Greater than 26.................  10 per foot of      \1/2\ for each
                                   vessel length.      anchor whose
                                                       weight is not
                                                       greater than 400
                                                       lbs., \5/8\ for
                                                       each anchor whose
                                                       weight is greater
                                                       than 400 lbs.
------------------------------------------------------------------------

                                                       [GRAPHIC] [TIFF OMITTED] TC21OC91.001
                                                       
                           Figure 110.60(x)(4)
    (y) Coecles Harbor at Shelter Island, New York. That portion of 
Coecles Harbor bounded on the North by a line drawn between the 
northernmost point of land at Sungic Point and latitude 
41[deg]04[min]09[sec] North, longitude 72[deg]17[min]54[sec] West, 
thence eastward along the shoreline to the point of origin.
    (y-1) West Neck Harbor at Shelter Island, New York. That portion of 
West Neck Harbor bounded on the North by a line drawn between latitude 
41[deg]02[min]48[sec] North, longitude 72[deg]20[min]27[sec] West and a 
point on Shell Beach located at latitude 41[deg]02[min]29[sec] North, 
longitude 72[deg]20[min]59[sec] West; thence eastward along the 
shoreline to the point of origin.
    (z) Point Comfort at Keansburg, New Jersey. This special anchorage 
is adjacent to the amusement pier at Point Comfort on Raritan Bay and is 
bounded as follows: beginning on the Keansburg shore at latitude 
40[deg]27[min]19[sec] North longitude 74[deg]08[min]25[sec] West; to 
latitude 40[deg]27[min]38[sec] North longitude 74[deg]08[min]52[sec] 
West; to latitude 40[deg]27[min]52[sec] North longitude 
74[deg]08[min]32[sec] West; to latitude 40[deg]27[min]50[sec] North 
longitude 74[deg]07[min]45[sec] West; to latitude 40[deg]27[min]14[sec] 
North longitude 74[deg]07[min]46[sec] West; and thence returning 
westward along the shoreline to the point of origin.
    (aa) South of Perth Amboy, New Jersey. The waters bounded by a line 
connecting the following points:

40[deg]30[min]19.0[sec]              74[deg]15[min]46.0[sec]
40[deg]30[min]17.0[sec]              74[deg]15[min]39.0[sec]
40[deg]30[min]02.8[sec]              74[deg]15[min]45.0[sec]
40[deg]29[min]36.0[sec]              74[deg]16[min]09.2[sec]
40[deg]29[min]30.8[sec]              74[deg]16[min]22.0[sec]
40[deg]29[min]47.2[sec]              74[deg]16[min]52.0[sec]
40[deg]30[min]02.0[sec]              74[deg]16[min]43.0[sec]
 


[[Page 443]]


and thence along the shoreline to the point of beginning.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
110.60, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: By CDG01-06-23, 72 FR 34379, June 22, 2007, 
Sec. 110.60 was amended by revising paragraph (o-2), effective July 23, 
2007. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 110.60  Port of New York and vicinity.

                                * * * * *

    (o-2) Hudson River, at Nyack. That portion of the Hudson River bound 
by the following points: 41[deg]06[min]06.8[sec] N, 
073[deg]54[min]55.5[sec] W; thence to 41[deg]06[min]06.8[sec] N, 
073[deg]54[min]18.0[sec] W; thence to 41[deg]05[min]00.0[sec] N, 
073[deg]54[min]18.0[sec] W; thence to 41[deg]05[min]00.0[sec] 
N,073[deg]55[min]02.2[sec] W; thence along the shoreline to the point of 
origin (NAD 1983), excluding a fairway in the charted cable area that is 
marked with buoys.
    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is permitted.

                                * * * * *



Sec. 110.65  Indian River Bay, Del.

    Beginning at a point bearing 174[deg], 300 feet, from a point on the 
southerly edge of the project channel 5,500 feet westerly from the State 
highway bridge across Indian River Inlet; thence 174[deg], 600 feet; 
thence 264[deg], 800 feet; thence 354[deg], 600 feet; and thence 
84[deg], 800 feet, to the point of beginning.



Sec. 110.67  Delaware River, Essington, Pa.

    North of Little Tinicum Island, between the mouth of Darby Creek and 
Jansen Avenue, Essington, bounded as follows: Beginning at a point 
(approximately latitude 39[deg]51[min]31[sec], longitude 
75[deg]17[min]43[sec] ) on a line in prolongation of the westerly line 
of Jansen Avenue 135 yards southerly from the mean high water line; 
thence 184[deg], 300 yards; thence 274[deg]30[min], 1,700 yards; thence 
04[deg], 425 yards; thence 100[deg], 1,225 yards; and thence 95[deg], 
490 yards, to the point of beginning.



Sec. 110.70  Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.

    The waters southerly of a line joining the northernmost extremity of 
Courthouse Point and the westernmost point of Herring Island; westerly 
of a line bearing 180[deg] from a point on the aforesaid line 220 yards 
from the westernmost point of Herring Island; and northerly and easterly 
of the shoreline.



Sec. 110.70a  Northeast River, North East, Md.

    The water area west of North East Heights, Maryland enclosed by a 
line beginning on the shoreline at latitude 39[deg]34[min]26[sec] N., 
longitude 75[deg]57[min]18[sec] W.; thence westerly to latitude 
39[deg]34[min]26[sec] N., longitude 75[deg]57[min]29[sec] W.; thence 
northeasterly to latitude 39[deg]34[min]30[sec] N., longitude 
75[deg]57[min]27[sec] W.; thence easterly to the shoreline at latitude 
39[deg]34[min]30[sec] N., longitude 75[deg]57[min]18[sec] W.; thence 
southerly following the shoreline to the point of beginning.

[CGD 73-189R, 39 FR 5314, Feb. 12, 1974]



Sec. 110.71  Jacobs Nose Cove, Elk River, Md.

    The water area of Jacobs Nose Cove, on the west side of the mouth of 
Elk River, Maryland, comprising the entire cove south of Jacobs Nose as 
defined by the shoreline and a line bearing 046[deg]--226[deg] true 
across the entrance of the cove tangent to the shore on both the north 
and south sides.

[CGD 77-143, 44 FR 18663, Mar. 29, 1979]



Sec. 110.71a  Cabin Creek, Grasonville, Md.

    The waters of Cabin Creek, Maryland, enclosed by a line drawn from 
latitude 38[deg]56[min]34[sec] N., longitude 76[deg]12[min]49[sec] W., 
on the western shore to latitude 38[deg]56[min]28[sec] N., longitude 
76[deg]12[min]29[sec] W., on the eastern shore; thence following the 
general line of the shore to the point of beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec. 110.71b  Wye River, Wye, Md.

    The waters of a cove on the western shore of Wye River opposite Drum 
Point enclosed by a line drawn from latitude 38[deg]53[min]17[sec] N., 
longitude 76[deg]11[min]23[sec] W., to latitude 38[deg]53[min]18[sec] 
N., longitude

[[Page 444]]

76[deg]11[min]23[sec] W., to latitude 38[deg]53[min]18[sec] N., 
longitude 76[deg]11[min]13[sec] W.; thence following the shoreline to 
the point of beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec. 110.72  Blackhole Creek, Md.

    The waters on the west side of Blackhole Creek, a tributary of 
Magothy River, southwest of a line bearing 310[deg]30[min] from the most 
northerly tip of an unnamed island located 0.16 mile upstream from the 
mouth of the creek approximately 660 feet to the west shore of the 
creek; northwest of a line ranging from the southwesterly tip of the 
island toward the point of land on the west shore of the creek 
immediately southwest thereof; and north of a line 100 feet from and 
parallel to the shore of the creek to its intersection with the south 
property line extended of the Potapskut Sailing Association, Inc., 
thence northwesterly along the said property line extended to the shore.



Sec. 110.72a  Chester River, southeast of Chestertown, Md.

    The waters of the Chester River enclosed by a line beginning at a 
point on the Rolph Marina pier at latitude 39[deg]10[min]25[sec] N., 
longitude 76[deg]02[min]17[sec] W.; thence 327[deg] to a point 400 feet 
southwest of the entrance to Hambleton Creek at latitude 
39[deg]10[min]55[sec] N., longitude 76[deg]02[min]40[sec] W.; thence 
northeasterly to the eastern side of the entrance to Hambleton Creek; 
thence southerly following the shoreline to the Rolph Point Marina pier; 
thence southwesterly along the Rolph Point Marina pier to the point of 
beginning.

[CGD 73-10R, 38 FR 33973, Dec. 10, 1973]



Sec. 110.72aa  Elizabeth River Spectator Vessel Anchorage Areas, between Norfolk and Portsmouth, Virginia.

    (a) Special Anchorage Areas. (1) The waters of the Elizabeth River 
bounded by the shore and a line drawn between Hospital Point at latitude 
Latitude 36[deg]50[min]50.5[sec] North, longitude 
76[deg]18[min]09.0[sec] West, and the tip of the channelside pier at the 
Holiday Inn Marina at latitude 36[deg]50[min]29.5[sec] North, longitude 
76[deg]17[min]52.5[sec] West.
    (2) The waters of the Elizabeth River adjacent to the Port Norfolk 
Reach section of the Elizabeth River, bounded by the shore and a line 
drawn between Hospital Point at latitude 36[deg]50[min]50.55[sec] North, 
longitude 76[deg]18[min]14.509.0[sec] West, and the tip of the southern 
most railroad pier at Port Norfolk at latitude 36[deg]51[min]14.5[sec] 
North, longitude 76[deg]18[min]44.0[sec] West.
    (b) Effective period. These special anchorage areas in paragraph (a) 
of this section are only in effect when the regulations in Sec. 100.501 
of this title are in effect.

[CGD05-88-12, 53 FR 20320, June 3, 1988]



Sec. 110.72b  St. Simons Island, Georgia.

    The area beginning at a point southwest of Frederica River Bridge, 
St. Simons Island Causeway at latitude 31[deg]09[min]58[sec] N., 
longitude 81[deg]24[min]55[sec] W.; thence southwesterly to latitude 
31[deg]09[min]42[sec] N., longitude 81[deg]25[min]10[sec] W.; thence 
westerly to the shoreline at latitude 31[deg]09[min]45[sec] N., 
longitude 81[deg]25[min]20[sec] W.; thence northeasterly along the 
shoreline to latitude 31[deg]10[min]02[sec] N., longitude 
81[deg]25[min]00[sec] W.; thence southeasterly to the point of origin.

[CGD 76-47, 42 FR 40694, Aug. 11, 1977]



Sec. 110.72c  Lake Murray, S.C.

    (a) The area beginning at the 125 foot pier of the Columbia Sailing 
Club, approximately latitude 34[deg]03[min]51[sec] N., longitude 
81[deg]13[min]37[sec] W.; thence 167[deg] to latitude 
34[deg]03[min]43.6[sec] N., longitude 81[deg]13[min]39.2[sec] W.; thence 
easterly to latitude 34[deg]03[min]45[sec] N., longitude 
81[deg]13[min]32.1[sec] W.; thence 347[deg] to the shoreline, thence 
along the shoreline to the beginning.

[CGD 77-189, 43 FR 14470, Apr. 6, 1978]



Sec. 110.72d  Ashley River anchorage areas, SC.

    The following locations are special anchorage areas:
    (a) Ashley River Anchorage 1. The waters lying within an area across 
the Ashley River Channel from the George M. Lockwood Municipal Marina 
bounded by the southwest side of the channel beginning at latitude 
32[deg]46[min]42.7[sec] N, longitude 079[deg]57[min]19.3[sec] W; thence 
to latitude 32[deg]46[min]38.0[sec] N, longitude 
079[deg]57[min]24.0[sec] W; thence to latitude 32[deg]46[min]32.0[sec] 
N, longitude 079[deg]57[min]15.5[sec] W; thence to latitude 
32[deg]46[min]29.0[sec] N, longitude 079[deg]57[min]00.9[sec] W; thence 
back to the beginning following the southwest boundary of the Ashley

[[Page 445]]

River Channel. All coordinates referenced use datum: NAD 1983.
    (b) Ashley River Anchorage 2. The waters lying within an area across 
the Ashley River Channel from the Ashley Marina bounded by the southwest 
side of the channel beginning at latitude 32[deg]46[min]53.0[sec] N, 
longitude 079[deg]57[min]34.5[sec] W; thence to latitude 
32[deg]46[min]50.5[sec] N, longitude 079[deg]57[min]40.5[sec] W; thence 
to latitude 32[deg]46[min]46.0[sec] N, longitude 
079[deg]57[min]34.5[sec] W; thence to latitude 32[deg]46[min]49.0[sec] 
N, longitude 079[deg]57[min]28.7[sec] W; thence back to the beginning 
following the southwest boundary of the Ashley River Channel. All 
coordinates referenced use datum: NAD 1983.

[CGD07-96-017, 61 FR 40994, Aug. 7, 1996; 61 FR 63715, Dec. 2, 1996]



Sec. 110.73  St. Johns River, Fla.

    (a) Area A. The waters lying within an area bounded by a line 
beginning at a point located at the west bank of St. Johns River at 
latitude 30[deg]15[min]11[sec], longitude 81[deg]41[min]23[sec]; thence 
to latitude 30[deg]15[min]13[sec], longitude 81[deg]41[min]14[sec]; 
thence to latitude 30[deg]15[min]03[sec], longitude 
81[deg]41[min]11[sec]; thence to latitude 30[deg]15[min]04[sec], 
longitude 81[deg]41[min]20[sec]; and thence to the point of beginning.
    (b) Area B. The waters lying within an area bounded by a line 
beginning at latitude 30[deg]15[min]03[sec], longitude 
81[deg]41[min]28[sec]; thence to latitude 30[deg]15[min]02[sec], 
longitude 81[deg]41[min]10[sec]; thence to latitude 
30[deg]14[min]56[sec], longitude 81[deg]41[min]08[sec]; thence to 
latitude 30[deg]14[min]54.5[sec], longitude 81[deg]41[min]10.5[sec]; and 
thence to the point of beginning.



Sec. 110.73a  Indian River at Sebastian, Fla.

    Beginning at a point on the shoreline at latitude 
27[deg]49[min]40[sec] N., longitude 80[deg]28[min]26[sec] W.; thence 
060[deg] to latitude 27[deg]49[min]46[sec] N., longitude 
80[deg]28[min]13[sec] W.; thence 156[deg] to latitude 
27[deg]49[min]31[sec] N., longitude 80[deg]28[min]05[sec] W.; thence 
242[deg] to latitude 27[deg]49[min]25[sec] N., longitude 
80[deg]28[min]18[sec] W.; thence northerly along the shoreline to the 
point of beginning.

    Note: This area is principally for use by commercial fishing vessels 
less than 65 feet in length.

[CGD 74-104, 40 FR 2689, Jan. 15, 1975]



Sec. 110.73b  Indian River at Vero Beach, Fla.

    (a) Area A. Beginning at a point located on the eastern shore of 
Fritz Is. at latitude 27[deg]39[min]32.5[sec] N., longitude 
80[deg]22[min]20.6[sec] W. following the shoreline northward to the 
northwest point at latitude 27[deg]39[min]46[sec] N., longitude 
80[deg]22[min]25.9[sec] W., thence due east to a point on Orchid Is. at 
approximately latitude 27[deg]39[min]46[sec] N., longitude 
80[deg]22[min]16.2[sec] W., thence southerly along the shoreline of 
Orchid Is. to latitude 27[deg]39[min]32.5[sec] N., longitude 
80[deg]22[min]13.4[sec] W., thence due west to the point of beginning.
    (b) Area B. Beginning at a point located at the entrance channel 
marker No. 2 at latitude 27[deg]39[min]12[sec] N., longitude 
80[deg]22[min]17.3[sec] W., thence northeasterly to channel marker No. 4 
at latitude 27[deg]39[min]21[sec] N., longitude 80[deg]22[min]15.8[sec] 
W., thence due east to Orchid Is. at approximately latitude 
27[deg]39[min]21[sec] N., longitude 80[deg]22[min]11.8[sec] W., thence 
southerly along the western shoreline of Orchid Is. to latitude 
27[deg]39[min]12[sec] N., longitude 80[deg]22[min]15.6[sec] W., thence 
due west to the point of beginning.
    (c) Vessels shall be so anchored so that no part of the vessel 
obstructs the turning basin or channels adjacent to the special 
anchorage areas.

[CGD7-84-40, 51 FR 395, Jan. 6, 1986]



Sec. 110.73c.  Okeechobee Waterway, St. Lucie River, Stuart, FL.

    The following is a special anchorage area: Beginning on the 
Okeechobee Intracoastal Waterway between mile marker 7 and 8 on the St. 
Lucie River, bounded by a line beginning at 27[deg]12[min]06.583[sec] N, 
80[deg]15[min]33.447[sec] W; thence to 27[deg]12[min]07.811[sec] N, 
80[deg]15[min]38.861[sec] W; thence to 27[deg]12[min]04.584[sec] N, 
80[deg]15[min]41.437[sec] W; thence to 27[deg]11[min]49.005[sec] N, 
80[deg]15[min]44.796[sec] W; thence to 27[deg]11[min]47.99[sec] N, 
80[deg]15[min]44.78[sec] W; thence to 27[deg]11[min]42.51[sec] N, 
80[deg]15[min]49.36[sec] W; thence to 27[deg]11[min]41.40[sec] N, 
80[deg]15[min]47.70[sec] W; thence to 27[deg]11[min]40.44[sec] N, 
80[deg]15[min]44.64[sec] W; thence to 27[deg]11[min]43.49[sec] N, 
80[deg]15[min]40.74[sec] W; thence to 27[deg]11[min]46.82[sec] N, 
80[deg]15[min]37.9647[sec] W; thence to 27[deg]11[min]47.881[sec] N, 
80[deg]15[min]38.271[sec] W; thence back to the original point. All 
coordinates reference Datum NAD:83.

    Note: This area is principally used by recreational vessels. The 
mooring of vessels in

[[Page 446]]

this area is administered by the local Harbormaster, City of Stuart, 
Florida.

[CGD07-99-058, 65 FR 2877, Jan. 19, 2000, as amended by CGD07-03-110, 69 
FR 5275, Feb. 4, 2004]



Sec. 110.74  Marco Island, Marco River, Fla.

    Beginning at a point approximately 300 feet east of the Captains 
Landing Docks at latitude 25[deg]58[min]04[sec] N., longitude 
81[deg]43[min]31[sec] W.; thence 108[deg], 450 feet; thence 198[deg], 
900 feet; thence 288[deg], 450 feet; thence 018[deg], 900 feet to the 
point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. Fixed 
mooring piles or stakes are prohibited. All moorings shall be so placed 
that no vessel, when anchored, shall at any time extend beyond the 
limits of the area.

[CGFR 70-53A, 35 FR 14506, Sept. 16, 1970]



Sec. 110.74a  Manatee River, Bradenton, Fla.

    The waters of the Manatee River enclosed by a line beginning at 
latitude 27[deg]31[min]18.6[sec] N. longitude 82[deg]36[min]49.2[sec] 
W.; thence westerly to latitude 27[deg]31[min]21[sec] N., longitude 
82[deg]37[min]7.2[sec] W.; thence northwesterly to latitude 
27[deg]31[min]22.2[sec] N., longitude 82[deg]37[min]8.4[sec] W.; thence 
northeasterly to latitude 27[deg]31[min]25.8[sec] N., longitude 
82[deg]37[min]00[sec] W.; thence easterly to latitude 
27[deg]31[min]24[sec] N., longitude 82[deg]36[min]44.4[sec] W.; thence 
to the point of beginning.

[CGD 79-118, 45 FR 32673, May 19, 1980]



Sec. 110.74b  Apollo Beach, Fla.

    Beginning at a point approximately 300 feet south of the Tampa 
Sailing Squadron at latitude 27[deg]46[min]50.2[sec] N., longitude 
82[deg]25[min]27.8[sec] W.; thence southeasterly to latitude 
27[deg]46[min]45.6[sec] N., longitude 82[deg]25[min]23.2[sec] W.; thence 
southwesterly to latitude 27[deg]46[min]35.8[sec] N., longitude 
82[deg]25[min]34.8[sec] W., thence northwesterly to latitude 
27[deg]46[min]39.9[sec] N., longitude 82[deg]25[min]39.6[sec] W., thence 
to the point of beginning.

[CGD 7-80-03, 45 FR 79031, Nov. 28, 1980]



Sec. 110.74c  Bahia de San Juan, PR.

    The waters of San Antonio Channel, Bahia de San Juan, eastward of 
longitude 66[deg]05[min]45[sec] W.

[CGD 7-83-29, 49 FR 48540, Dec. 13, 1984]



Sec. 110.75  Corpus Christi Bay, Tex.

    (a) South area. Southward of the southernmost T-head pier at the 
foot of Cooper Avenue and of a line bearing 156[deg]44[min], 340.6 feet, 
from the southerly corner of said pier to a point on the rubble 
breakwater; westward and northward of said breakwater; and eastward of 
the Corpus Christi sea wall.



Sec. 110.77  Amistad Reservoir, Tex.

    (a) Diablo East, Tex. That portion of the Amistad Reservoir enclosed 
by a line connecting the following points, excluding a 300-foot-wide 
fairway extending northerly from the launching ramp as established by 
the Superintendent of Amistad Recreation Area:

``a'' 29[deg]28[min]54[sec] N.       101[deg]01[min]10[sec] W.
``b'' 29[deg]28[min]21[sec] N.       101[deg]01[min]08[sec] W.
``c'' 29[deg]28[min]34[sec] N.       101[deg]00[min]32[sec] W.
``d'' 29[deg]28[min]54[sec] N.       101[deg]00[min]32[sec] W.
 

    (b) Rough Canyon, Tex. That portion of the Amistad Reservoir 
enclosed by a line connecting the following points, excluding a 300-
foot-wide fairway extending westerly from the launching ramp to the 
Devils River main channel as established by the Superintendent of 
Amistad Recreation Area:

``a'' 29[deg]34[min]43[sec] N.       100[deg]58[min]54[sec] W.
``b'' 29[deg]34[min]05[sec] N.       100[deg]58[min]46[sec] W.
``c'' 29[deg]34[min]16[sec] N.       100[deg]58[min]20[sec] W.
``d'' 29[deg]34[min]27[sec] N.       100[deg]58[min]11[sec] W.
``e'' 29[deg]34[min]27[sec] N.       100[deg]58[min]36[sec] W.
``f'' 29[deg]34[min]52[sec] N.       100[deg]58[min]35[sec] W.
 

    (c) Laughlin Air Force Base Site, Tex. That portion of Amistad 
Reservoir enclosed by a line connecting the following points:

``a'' 29[deg]28[min]29[sec] N.       101[deg]02[min]26[sec] W.
``b'' 29[deg]28[min]13[sec] N.       101[deg]02[min]03[sec] W.
``c'' 29[deg]28[min]30[sec] N.       101[deg]01[min]45[sec] W.
``d'' 29[deg]28[min]42[sec] N.       101[deg]02[min]00[sec] W.
 

    Note: The areas will be principally for use by yachts and other 
recreational craft. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction and at the discretion 
of the Superintendent, Amistad Recreation Area.

[CGFR 70-12, 35 FR 3807, Feb. 27, 1970]

[[Page 447]]



Sec. 110.77a  Duluth-Superior Harbor, Duluth, Minn.

    The area adjacent to Park Point in Duluth-Superior Harbor within the 
following boundaries: beginning at latitude 46[deg]45[min]19.3[sec] N., 
longitude 92[deg]04[min] 43[sec] W.; thence to latitude 
46[deg]45[min]11.7[sec] N., longitude 92[deg]05[min]01[sec] W.; thence 
to latitude 46[deg]44[min]21.2[sec] N., longitude 
92[deg]04[min]15.7[sec] W.; thence to latitude 46[deg]44[min]29.4[sec] 
N., longitude 92[deg]03[min]57.5[sec] W.; thence to the point of 
beginning.

[CGD 79-170, 45 FR 32673, May 19, 1980]



Sec. 110.77b  Madeline Island, Wisconsin.

    The waters off of La Pointe Harbor, Madeline Island, Wisconsin, 
encompassed by the following: starting at 46[deg]46[min]44.8[sec] N, 
090[deg]47[min]14.0[sec] W; then south southwesterly to 
46[deg]46[min]35.5[sec] N, 090[deg]47[min]17.0[sec] W; then south 
southeasterly to 46[deg]46[min]27[sec] N, 090[deg]47[min]12.8[sec] W; 
then east southeasterly to 46[deg]46[min]22.6[sec] N, 
090[deg]46[min]58.8[sec] W; then following the shoreline back to the 
starting point (NAD 83).

[CGD09-03-284, 69 FR 32445, June 10, 2004]



Sec. 110.78  Sturgeon Bay, Sturgeon Bay, Wis.

    (a) Area 1. Beginning at a point bearing 126[deg], 3,000 feet from 
the fixed green Sturgeon Bay Canal Leading Light mounted on the highway 
bridge; thence 120[deg], 1,200 feet, this line being parallel to and 150 
feet from the channel edge; thence 222[deg], 500 feet; thence 300[deg], 
1,200 feet; thence 042[deg], 500 feet to the point of beginning.
    (b) Area 2. Beginning at a point 160 feet from the shoreline and on 
the east line of 15th Avenue extended; thence south 530 feet to a point 
100 feet from the northern edge of the channel; thence southeasterly 
2,350 feet along a line parallel to the northern edge of the channel to 
a point on the east line of 18th Avenue extended, using that portion of 
18th Avenue that runs in a true north-south direction perpendicular to 
Utah Street; thence north 530 feet along this line of 18th Avenue 
extended to a point approximately 400 feet from the shoreline; thence 
northwesterly 2,350 feet along a line parallel to the northern edge of 
the channel to the point of beginning.

    Note: An ordinance of the City of Sturgeon Bay, Wisconsin, requires 
moorings to be approved by the Harbor Master of the City of Sturgeon Bay 
and provides for other regulation of the use of vessels and moorings in 
this area.

[CGFR 70-15A, 35 FR 8823, June 6, 1970, as amended by CGFR 70-86A, 35 FR 
18374, Dec. 3, 1970; CGD9 92-29, 58 FR 9543, Feb. 22, 1993]



Sec. 110.79a  Neenah Harbor, Neenah, Wis.

    (a) Area 1. The area of Neenah Harbor south of the main shipping 
channel within the following boundary: A line beginning at a point 
bearing 117.5[deg], 1,050 feet from the point where the southeasterly 
side of the First Street/Oak Street Bridge crosses the south shoreline 
of the river; thence 254[deg], 162 feet; thence 146[deg], 462 feet; 
164[deg], 138 feet; 123[deg], 367 feet; 068[deg], 400 feet; 044[deg], 
400 feet; thence 320[deg], 107 feet; thence 283[deg], 1,054 feet to the 
point of beginning.
    (b) Area 2. Commencing at a point where the west line of Sec. nd 
Street extended meets the north edge of the harbor, thence south to 
intersect the north edge of the channel at latitude 
44[deg]11[min]04.2[sec] North, longitude 88[deg]27[min]13.2[sec] West, 
thence northwesterly to a point at latitude 44[deg]11[min]06.3[sec] 
North, longitude 88[deg]27[min]16.4[sec] West, thence north to the 
easterly end of the Neenah Dam Spillway.

    Note: An ordinance of the City of Neenah, Wis., requires approval of 
the Neenah Police Department for the location and type of individual 
moorings placed in this special anchorage area.

[CGD9 85-017, 50 FR 49844, Dec. 5, 1985]



Sec. 110.79b  Millers Bay, Lake Winnebago, Oshkosh, WI

    The area adjacent to Menominee Park in Millers Bay within the 
following boundaries: beginning at latitude 44[deg]01[min]47[sec] N., 
longitude 88[deg]31[min]05[sec] W.; thence to latitude 
44[deg]01[min]46[sec] N., longitude 88[deg]31[min]00[sec] W.; thence to 
latitude 44[deg]01[min]34[sec] N., longitude 88[deg]31[min]04[sec] W.; 
thence to latitude 44[deg]01[min]36[sec] N., longitude 
88[deg]31[min]08[sec] W.; thence to point of beginning.

[CGD 09-80-01, 47 FR 18333, Apr. 29, 1982]



Sec. 110.79c  Fish Creek Harbor, Fish Creek, Wisconsin.

    The area within the following boundaries: Beginning at latitude 
45[deg]07[min]58[sec] N.,

[[Page 448]]

longitude 87[deg]14[min]41[sec] W.; thence to latitude 
45[deg]07[min]58[sec] N., longitude 87[deg]14[min]35[sec] W.; thence to 
latitude 45[deg]07[min]50[sec] N., longitude 87[deg]14[min]30[sec] W.; 
thence to latitude 45[deg]07[min]47[sec] N., longitude 
87[deg]14[min]38[sec] W.; thence to the point of beginning.

[CGD 09-82-04, 48 FR 11268, Mar. 14, 1983]



Sec. 110.80  Milwaukee Harbor, Milwaukee, Wis.

    (a) McKinley Park. The water area east of McKinley Park enclosed by 
a line beginning at McKinley Park Jetty Light; thence 090[deg], 500 feet 
to a point on the breakwater; thence northerly and northwesterly 
following the breakwater, piers, jetty and natural shoreline to the 
point of beginning.
    (b) South Shore Park. The water area northeast of South Shore Park 
enclosed by a line beginning at the northeast corner of the jetty at 
latitude 43[deg]00[min]07.5[sec] N., longitude 87[deg]53[min]08[sec] W.; 
thence to latitude 43[deg]00[min]05[sec] N., longitude 
87[deg]53[min]01[sec] W.; thence to latitude 42[deg]59[min]55[sec] N., 
longitude 87[deg]52[min]53[sec] W.; thence to latitude 
42[deg]59[min]40[sec] N., longitude 87[deg]52[min]33.5[sec] W.; thence 
to a point of the shoreline at latitude 42[deg]59[min]34[sec] N., 
longitude 87[deg]52[min]43.5[sec] W.; thence following the shoreline to 
the point of beginning.
    (c) Bay View Park. The water area east of Bay View Park enclosed by 
a line beginning on the shoreline at latitude 42[deg]59[min]28.5[sec] 
N., longitude 87[deg]52[min]35[sec] W.; thence to latitude 
42[deg]59[min]35.5[sec] N., longitude 87[deg]52[min]27[sec] W.; thence 
to latitude 42[deg]59[min]08[sec] N., longitude 87[deg]51[min]37[sec] 
W.; thence to a point on the shoreline at latitude 42[deg]58[min]59[sec] 
N., longitude 87[deg]51[min]46[sec] W.; thence following the shoreline 
to the point of beginning.

    Note: An ordinance of the City of Milwaukee, Wisconsin requires the 
approval of the Milwaukee Harbor Master for the location and type of 
moorings placed in these special anchorage areas.

[CGD 73-48R, 39 FR 12007, Apr. 2, 1974]



Sec. 110.80a  Lake Macatawa, Mich.

    An area located on the south side of Lake Macatawa near the entrance 
to Lake Michigan, shoreward (south) of a line commencing offshore of 
Macatawa Park at a point 960 feet S 156[deg] E from the light on the 
south pier at the entrance to the Lake, and extending 1,550 feet N 
82[deg] E toward the northwest corner of the Macatawa Bay Yacht Club 
pier.



Sec. 110.80b  Marquette Harbor, Marquette, Mich.

    The area within Marquette Harbor beginning at latitude 
46[deg]32[min]38[sec] N., longitude 87[deg]22[min]46[sec] W.; thence to 
latitude 46[deg]32[min]37[sec] N., longitude 87[deg]22[min]54[sec] W.; 
thence to latitude 46[deg]32[min]33[sec] N., longitude 
87[deg]22[min]54[sec] W.; thence to latitude 46[deg]32[min]33[sec] N., 
longitude 87[deg]22[min]46[sec] W., thence to point of origin.

    Note: An ordinance of the City of Marquette authorizes the 
Harbormaster to direct the location and length of time any watercraft 
may anchor in this area.

[CGD 79-018, 44 FR 50040, Aug. 27, 1979]



Sec. 110.81  Muskegon Lake, Mich.

    (a) Muskegon Lake West. The waters of the southwest side of Muskegon 
Lake enclosed by a line beginning at latitude 43[deg]13[min]24[sec] N., 
longitude 86[deg]19[min]18.5[sec] W.; thence 145[deg]T to latitude 
43[deg]13[min]07.5[sec] N., longitude 86[deg]19[min]02.5[sec] W.; thence 
230[deg]T to latitude 43[deg]13[min]04[sec] N., longitude 
86[deg]19[min]08.5[sec] W.; thence along the shoreline to the point of 
origin.
    (b) Muskegon Lake East. The waters of the southeast side of Muskegon 
Lake enclosed by a line beginning at latitude 43[deg]14[min]04[sec] N., 
longitude 86[deg]15[min]47[sec] W.; thence 277[deg]T to latitude 
43[deg]14[min]06.5[sec] N., longitude 86[deg]16[min]27[sec] W.; thence 
205[deg]T to the shore; thence along the shoreline to the point of 
origin.

    Note: Administration of the Special Anchorage Area is exercised by 
the City of Muskegon pursuant to local ordinances.

[CGD 79-171, 46 FR 48195, Oct. 1, 1981]



Sec. 110.81a  Lake Betsie, Frankfort, MI.

    The area within the following boundaries:

    Beginning at latitude 44[deg]37[min]47[sec] North, longitude 
86[deg]13[min]52.5[sec] West; thence to latitude 44[deg]37[min]51.4[sec] 
North, longitude 86[deg]13[min]49[sec] West; thence to latitude 
44[deg]37[min]46.4[sec] North, longitude 86[deg]13[min]37.8[sec] West; 
then to latitude 44[deg]37[min]44.8[sec] North, longitude 
86[deg]13[min]44.2[sec] West; thence to point of beginning.

[CGD 09-82-06, 48 FR 33263, July 21, 1983]

[[Page 449]]



Sec. 110.82  Charlevoix Harbor, Mich.

    The waters on the north side of Round Lake northward of a line 
beginning at a point approximately 200 feet south of the north shore 
bearing 60[deg], 280 feet, from the northeast corner of the Charlevoix 
Municipal Wharf, and bearing thence 92[deg], 400 feet, thence 129[deg], 
1,160 feet, and thence 110[deg] to the westerly end of the southwest 
side of Park Island.



Sec. 110.82a  Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.

    (a) Area 1. Beginning at latitude 45[deg]25[min]42.2[sec] N., 
Longitude 84[deg]59[min]7.5[sec] W.; thence to latitude 
45[deg]25[min]39.5[sec] N., longitude 84[deg]59[min]09[sec] W.; thence 
to latitude 45[deg]25[min]35[sec] N., longitude 84[deg]59[min]07[sec] 
W.; thence to latitude 45[deg]25[min]35[sec] N., longitude 
84[deg]58[min]55.2[sec] W.; thence to latitude 45[deg]25[min]42.2[sec] 
N., longitude 84[deg]58[min]56.5[sec] W., thence to the point of 
beginning.
    (b) Area 2. Beginning at latitude 45[deg]25[min]42.2[sec] N., 
longitude 84[deg]58[min]54[sec] W.; thence to latitude 
45[deg]25[min]35[sec] N., longitude 84[deg]58[min]53[sec] W.; thence to 
latitude 45[deg]25[min]35[sec] N., longitude 84[deg]58[min]24.8[sec] W.; 
thence to latitude 45[deg]25[min]36.1[sec] N., longitude 
84[deg]58[min]23[sec] W.; thence to latitude 45[deg]25[min]42.2[sec] N., 
longitude 84[deg]58[min]39[sec] W., thence to the point of beginning.

[CGD 09-85-02, 50 FR 24194, June 10, 1985]



Sec. 110.83  Chicago Harbor, Ill.

    (a) Grant Park North-A. Beginning at a point 2,120 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of said Grant Park 
bulkhead between its North and South ends, said intersection is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, and 100 feet East of said bulkhead, that point being 
approximately on the harbor line; thence North along a straight line 
parallel to said harbor line and bulkhead, 1,705 feet to a point that is 
100 feet East of said harbor line and 150 feet East of the Grant Park 
bulkhead; thence East at a right angle, 150 feet; thence North at a 
right angle, parallel to the first described line, passing 100 feet East 
of the Chicago Yacht Club bulkhead, 440 feet; thence Northeasterly 850 
feet to a point 1,070 feet East of the aforesaid Grant Park bulkhead; 
thence Southeasterly 740 feet to a point 1,600 feet East of said harbor 
line; thence Southerly 1,960 feet to a point approximately 1,555 feet 
East of said harbor line and about 1,560 feet East of said Grant Park 
bulkhead; thence Southwesterly 295 feet to a point 1,180 feet due East, 
in a direction perpendicular to the West line hereof, from the point of 
beginning; and thence West to the point of beginning.
    (b) Grant Park North-B. Beginning at a point 145 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
and 320 feet East of the harbor line approved by the Department of the 
Army on August 3, 1940, along the West side of the harbor, said Chicago 
Yacht Club bulkhead extends due East, perpendicular to the Grant Park 
bulkhead's overall alignment between its North and South ends, said 
bulkhead runs parallel to the aforesaid harbor line and is approximately 
800 feet South of the South face of the former Naval Armory Dock, said 
point is 20 feet East of the East face of the Chicago Park District 
jetty; thence North parallel to said jetty, 230 feet to a point 20 feet 
South of the South face of the Lake Shore Drive bulkhead, said bulkhead 
runs Easterly and Westerly in a curved direction; thence Easterly along 
a line parallel to said curved bulkhead to a point 20 feet Southwest and 
perpendicular to a line extended along the Southwest side of the 
Columbia Yacht Club pier to said curved bulkhead; thence Southeasterly 
parallel to said extended line, 160 feet; thence Southwesterly to the 
point of beginning.
    (c) Grant Park North-C. Beginning at a point 970 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
which extends due East and perpendicular from the harbor line approved 
by the Department of the Army on August 3, 1940, said Chicago Yacht Club 
bulkhead line is approximately 800 feet South of the South face of the 
former Naval Armory Dock, and 1,170 feet East of said harbor line, said 
point of beginning is 20 feet East of the East face of the Columbia 
Yacht Club

[[Page 450]]

pier and 20 feet South of the South face of a breakwater, which runs in 
a East and West direction; thence East along a line parallel to the 
South face of said East-West breakwater, 540 feet to a point 20 feet 
West of the West face of a breakwater, which runs in a North and South 
direction; thence South along a line parallel to the West face of said 
North-South breakwater, approximately 965 feet; thence Northwesterly to 
a point 20 feet Southeast and perpendicular to the Southeast side of the 
aforesaid Columbia Yacht Club pier; thence Northerly along a line 
parallel to the East face of said pier to the point of beginning.
    (d) Grant Park South. Beginning at a point 2,220 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of the Grant Park 
bulkhead between its North and South ends, said intersection is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, and 100 feet East of said Grant Park bulkhead, that point 
being approximately on the harbor line; thence East, perpendicular to 
the overall alignment of the Grant Park bulkhead, and perpendicular to 
said harbor line, 1,180 feet; thence Southeasterly 330 feet to a point 
1,510 feet East of said Grant Park bulkhead and 225 feet South of an 
extension of the first described line; thence South perpendicular to the 
first described line, 220 feet; thence Southwesterly 2,375 feet along a 
line generally 100 feet Northwesterly from and parallel to the 
Northwesterly face of the narrow section of the U.S. Inner Breakwater; 
thence Northwesterly 100 feet to a point 150 feet East of said Grant 
Park bulkhead (or 100 feet East of the aforesaid harbor line), and 4,570 
feet South of the North line of the aforesaid Chicago Yacht Club 
bulkhead; and thence North 2,350 feet of the point of beginning.

    Note: The Chicago Park District controls the location and type of 
any moorings placed in the special anchorage areas in this section.

[CGD09-83-02, 50 FR 27581, July 5, 1985]



Sec. 110.83a  Cedar Point, Sandusky, Ohio.

    The water area enclosed by the break wall beginning at latitude 
41[deg]28[min]13[sec] N., longitude 82[deg]40[min]39[sec] W.; thence 
along the break wall to latitude 41[deg]28[min]21[sec] N., longitude 
82[deg]40[min]53[sec] W.; thence along a straight line southwesterly to 
latitude 41[deg]28[min]20[sec] N., longitude 82[deg]40[min]55[sec] W.; 
thence along the break wall to latitude 41[deg]28[min]33[sec] N., 
longitude 82[deg]40[min]58[sec] W.; thence along the shoreline to the 
point of beginning.

[CGD 79-169, 45 FR 32674, May 19, 1980]



Sec. 110.84  Black Rock Channel opposite foot of Porter Avenue, Buffalo, N.Y.

    An area extending northwesterly between Black Rock Channel and Bird 
Island Pier opposite the foot of Porter Avenue, bounded as follows: 
Beginning at Triangulation Marker ``N-5'' on Bird Island Pier; thence 
southeasterly along the pier a distance of approximately 745 feet; 
thence 60[deg]52[min] true, approximately 300 feet to a point 50 feet 
westerly of the westerly limit of Black Rock Channel; thence 
northwesterly along an arc of a circle parallel to and 50 feet westerly 
of the westerly limit of the channel to a point approximately 360 feet 
southerly of Bird Island Pier Light No. 17; thence 276[deg]20[min] true, 
approximately 135 feet to Bird Island Pier; thence southwesterly and 
southerly along the pier a distance of approximately 1,355 feet to the 
point of beginning.



Sec. 110.84b  Buffalo, N.Y.

    The area within the Port of Buffalo known as Port of Buffalo Small 
Boat Harbor commencing at a point on shore at latitude 
42[deg]51[min]05[sec] N., longitude 78[deg]51[min]55[sec] W.; thence 
240[deg] to rip-rap dike thence following the dike to the shoreline; 
thence along the shoreline to the point of origin.

[CGD 77-47, 43 FR 35480, Aug. 10, 1978; 43 FR 56040, Nov. 30, 1978]



Sec. 110.85  Niagara River, Youngstown, N.Y.

    (a) Area 1. Beginning at a point at the intersection of the south 
line of Swain Street extended with the east shoreline of the Niagara 
River at latitude 43[deg]14[min]33[sec] N, longitude 
79[deg]03[min]7.5[sec] W; thence westerly to a point at latitude

[[Page 451]]

43[deg]14[min]33[sec] N, longitude 79[deg]03[min]9.5[sec] W; thence 
Southerly to a point at latitude 43[deg]14[min]15.5[sec] N, longitude 
79[deg]03[min]10[sec] W; thence Westerly to a point at latitude 
43[deg]14[min]15.5[sec] N, longitude 79[deg]03[min]17[sec] W; thence 
northerly to a point at latitude 43[deg]14[min]54.5[sec] N, longitude 
79[deg]03[min]14[sec] W; thence southeasterly to a point at latitude 
43[deg]14[min]52.3[sec] N, longitude 73[deg]03[min]09[sec] W; thence 
southerly to a point at latitude 43[deg]14[min]51.4[sec] N. longitude 
73[deg]03[min]09[sec] W; thence easterly to a point at latitude 
43[deg]14[min]51.5[sec] N; longitude 79[deg]03[min]6.5[sec] W; thence 
along the shoreline to the point of beginning.
    (b) Area 2. Beginning at a point at latitude 43[deg]14[min]53.2[sec] 
N., longitude 79[deg]03[min]08[sec] W.; thence northwesterly to a point 
at latitude 43[deg]14[min]56[sec] N., longitude 79[deg]03[min]14[sec] 
W.; thence northerly to a point at latitude 43[deg]15[min]07[sec] N., 
longitude 79[deg]03[min]13[sec] W.; thence northwesterly to a point at 
latitude 43[deg]15[min]9.5[sec] N., longitude 79[deg]03[min]13.5[sec] 
W.; thence southeasterly to a point at latitude 43[deg]15[min]7.5[sec] 
N., longitude 79[deg]03[min]08[sec] W.; thence southerly to the point of 
beginning.
    (c) Area 3. Beginning at a point at latitude 43[deg]15[min]7.9[sec] 
N., longitude 79[deg]03[min]03[sec] W.; thence westerly to a point at 
latitude 43[deg]15[min]7.9[sec] N., longitude 79[deg]03[min]04[sec] W.; 
thence northwesterly to a point at latitude 43[deg]15[min]11.8[sec] N., 
longitude 79[deg]03[min]14[sec] W.; thence northerly to a point at 
latitude 43[deg]15[min]14[sec] N., longitude 79[deg]03[min]14[sec] W.; 
thence northwesterly to a point at latitude 43[deg]15[min]22[sec] N., 
longitude 79[deg]03[min]21.5[sec] W.; thence northeasterly to a point at 
latitude 43[deg]15[min]25.5[sec] N., longitude 79[deg]03[min]13[sec] W.; 
thence along the shoreline to the point of beginning.

    Note: The Youngstown Harbor Commission controls the location, type, 
and assignment of moorings placed in the special anchorage areas in this 
section.

[CGD 79-098, 45 FR 32674, May 19, 1980, as amended by CGD9-85-10, 50 FR 
43387, Oct. 25, 1985]



Sec. 110.86  Sodus Bay, NY.

    The water area in Sodus Bay, New York, south of Sand Point, two 
separate sections, enclosed by:
    (a) Eastern Sec. ion, beginning at a point on the shoreline at:

43[deg]15[min]58.1[sec] N            076[deg]58[min]34.0[sec] W, to
43[deg]15[min]51.9[sec] N            076[deg]58[min]33.5[sec] W, to
43[deg]15[min]53.5[sec] N            076[deg]58[min]47.5[sec] W, to
43[deg]16[min]01.8[sec] N            076[deg]58[min]43.0[sec] W,
thence along the natural shoreline and structures to:
43[deg]15[min]58.1[sec] N            076[deg]58[min]34.0[sec] W.
 

    (b) Western Sec. ion, beginning at a point on the shoreline at:

43[deg]16[min]02.5[sec] N            076[deg]58[min]45.0[sec] W, to
43[deg]15[min]54.0[sec] N            076[deg]58[min]50.0[sec] W, to
43[deg]15[min]54.8[sec] N            076[deg]59[min]00.1[sec] W, to
43[deg]16[min]07.0[sec] N            076[deg]59[min]47.0[sec] W,
thence along the natural shoreline and structures to:
43[deg]16[min]02.5[sec] N            076[deg]58[min]45.0[sec] W.
 


[CGD 09-93-029, 58 FR 40740, July 30, 1993]



Sec. 110.87  Henderson Harbor, N.Y.

    (a) Area A. The area in the southern portion of Henderson Harbor 
west of the Henderson Harbor Yacht Club bounded by a line beginning at 
latitude 43[deg]51[min]08.8[sec] N, longitude 76[deg]12[min]08.9[sec] W, 
thence to latitude 43[deg]51[min]09.0[sec] N, longitude 
76[deg]12[min]19.0[sec] W, thence to latitude 43[deg]51[min]33.4[sec] N, 
longitude 76[deg]12[min]19.0[sec] W, thence to latitude 
43[deg]51[min]33.4[sec] N, longitude 76[deg]12[min]09.6[sec] W, thence 
to the point of beginning. All nautical positions are based on North 
American Datum of 1983.
    (b) Area B. The area in the southern portion of Henderson Harbor 
north of Graham Creek Entrance Light bounded by a line beginning at 
latitude 43[deg]51[min]21.8[sec] N, longitude 76[deg]11[min]58.2[sec] W, 
thence to latitude 43[deg]51[min]21.7[sec] N, longitude 
76[deg]12[min]05.5[sec] W, thence to latitude 43[deg]51[min]33.4[sec] N, 
longitude 76[deg]12[min]06.2[sec] W, thence to latitude 
43[deg]51[min]33.6[sec] N, longitude 76[deg]12[min]00.8[sec] W, thence 
to the point of beginning. All nautical positions are based on North 
American Datum of 1983.

    Note: Permission must be obtained from the Town of Henderson 
Harbormaster before any vessel is moored or anchored in this special 
anchorage area.

[CGD09-99-081, 65 FR 11893, Mar. 7, 2000]



Sec. 110.90  San Diego Harbor, Calif.

    (a) Area A-1. In North San Diego Bay, the Shelter Island Yacht Basin 
Anchorage, the water area enclosed by a line beginning at latitude 
32[deg]42[min]56.7[sec] N., longitude 117[deg]13[min]47.1[sec] W.; 
thence southwesterly to latitude 32[deg]42[min]53.6[sec] N., longitude 
117[deg]13[min]51.3[sec] W.; thence northwesterly to latitude 
32[deg]43[min]01.3[sec] N., longitude 117[deg]13[min]59.1[sec] W.; 
thence northeasterly to latitude 32[deg]43[min]02.6[sec] N., longitude

[[Page 452]]

117[deg]13[min]55.5[sec] W.; thence southeasterly to latitude 
32[deg]42[min]59.8[sec] N., longitude 117[deg]13[min]50.4[sec] W.; 
thence southeasterly to the point of beginning.
    (b) Area A-1a. In North San Diego Bay, the Shelter Island Roadstead 
Anchorage east of Shelter Island, the water area 55 feet either side of 
a line beginning at latitude 32[deg]42[min]33.6[sec] N., longitude 
117[deg]13[min]48.3[sec] W.; thence northeasterly to latitude 
32[deg]42[min]36.0[sec] N., longitude 117[deg]13[min]45.1[sec] W.
    (c) Area A-1b. The water area off Shelter Island's eastern shore, 
210 feet shoreward of a line beginning at latitude 
32[deg]42[min]43.9[sec] N., longitude 117[deg]13[min]34.3[sec] W.; 
thence northeasterly to latitude 32[deg]42[min]52.8[sec] N., longitude 
117[deg]13[min]22.4[sec] W.
    (d) Area A-1c. The water area off Shelter Island's eastern shore, 
210 feet shoreward of a line beginning at latitude 
32[deg]42[min]55.0[sec] N., longitude 117[deg]13[min]19.4[sec] W.; 
thence northeasterly to latitude 32[deg]43[min]03.5[sec] N., longitude 
117[deg]13[min]07.6[sec] W.
    (e) Area A-2. In North San Diego Bay, the America's Cup Harbor 
Anchorage, the water area enclosed by a line beginning at latitude 
32[deg]43[min]13.7[sec] N, longitude 117[deg]13[min]23.8[sec] W; thence 
northeasterly to latitude 32[deg]43[min]16.7[sec] N., longitude 
117[deg]13[min]16.4[sec] W.; thence northwesterly to latitude 
32[deg]43[min]22.6[sec] N., longitude 117[deg]13[min]25.8[sec] W.; 
thence westerly to latitude 32[deg]43[min]22.5[sec] N., longitude 
117[deg]13[min]29.6[sec] W.; thence southwesterly to latitude 
32[deg]43[min]19.0[sec] N., longitude 117[deg]13[min]32.6[sec] W.; 
thence southeasterly to the point of beginning.
    (f) Area A-3. In North San Diego Bay, the Laurel Street Roadstead 
Anchorage, the water area enclosed by a line beginning at latitude 
32[deg]43[min]30.5[sec] N., longitude 117[deg]10[min]28.5[sec] W.; 
thence southwesterly to latitude 32[deg]43[min]29.8[sec] N., longitude 
117[deg]10[min]34.2[sec] W.; thence southwesterly to latitude 
32[deg]43[min]25.8[sec] N., longitude 117[deg]10[min]36.1[sec] W.; 
thence southerly to latitude 32[deg]43[min]20.2[sec] N., longitude 
117[deg]10[min]36.1[sec] W.; thence westerly to latitude 
32[deg]43[min]20.2[sec] N., longitude 117[deg]10[min]52.9[sec] W.; 
thence northeasterly to 32[deg]43[min]29.8[sec] N., longitude 
117[deg]10[min]48.0[sec] W., thence northeasterly following a line 
parallel to, and 200 feet bayward of, the shoreline of San Diego Bay 
adjoining Harbor Drive to the point of beginning.
    (g) Area A-4. In Central San Diego Bay, the Bay Bridge Roadstead 
Anchorage, the water area enclosed by a line beginning at latitude 
32[deg]41[min]32.1[sec] N., longitude 117[deg]09[min]43.1[sec] W.; 
thence southwesterly to latitude 32[deg]41[min]19.1[sec] N., longitude 
117[deg]09[min]46.1[sec] W.; thence southeasterly to latitude 
32[deg]41[min]17.8[sec] N., longitude 117[deg]09[min]44.3[sec] W.; 
thence southeasterly to latitude 32[deg]41[min]14.9[sec] N., longitude 
117[deg]09[min]37.9[sec] W.; thence northeasterly to latitude 
32[deg]41[min]26.9[sec] N., longitude 117[deg]09[min]35.1[sec] W., 
thence southwesterly to the point of beginning.
    (h) Area A-5. In Central San Diego Bay, the Glorietta Bay Anchorage, 
the water area enclosed by a line beginning at latitude 
32[deg]40[min]42.2[sec] N., longitude 117[deg]10[min]03.1[sec] W.; 
thence southwesterly to latitude 32[deg]40[min]41.2[sec] N., longitude 
117[deg]10[min]06.6[sec] W.; thence northwesterly to latitude 
32[deg]40[min]46.2[sec] N., longitude 117[deg]10[min]15.6[sec] W.; 
thence northeasterly to latitude 32[deg]40[min]46.7[sec] N., longitude 
117[deg]10[min]14.1[sec] W.; thence southeasterly to the point of 
beginning.
    (i) Area A-6. In Fiddler's Cove, the water enclosed by a line 
beginning at latitude 32[deg]39[min]10.4[sec] N., longitude 
117[deg]08[min]49.4[sec] W.; thence northwesterly to latitude 
32[deg]39[min]14.9[sec] N., longitude 117[deg]08[min]51.8[sec] W.; 
thence northeasterly to latitude 32[deg]39[min]17.6[sec] N., longitude 
117[deg]08[min]47.5[sec] W.; thence northwesterly to latitude 
32[deg]39[min]19.8[sec] N., longitude 117[deg]08[min]48.8[sec] W.; 
thence northeasterly to latitude 32[deg]39[min]24.4[sec] N., longitude 
117[deg]08[min]41.4[sec] W.; thence southeasterly to latitude 
32[deg]39[min]15.7[sec] N., longitude 117[deg]08[min]36.0[sec] W.; 
thence southwesterly to the point of beginning.

    Note: This area is located on Federal property owned by the United 
States Navy, and it is reserved for active duty military, their 
dependents, retirees, and DOD employees only.

    (j) Area A-8. In South San Diego Bay, the Sweetwater Anchorage, the 
water enclosed by a line beginning at latitude 32[deg]39[min]12.2[sec] 
N., longitude 117[deg]07[min]45.1[sec] W.; thence easterly to latitude 
32[deg]39[min]12.2[sec] N., longitude 117[deg]07[min]30.1[sec] W.; 
thence southerly to latitude 32[deg]38[min]45.2[sec] N., longitude 
117[deg]07[min]30.1[sec] W.; thence westerly to latitude 
32[deg]38[min]45.2[sec] N., longitude 117[deg]07[min]45.1[sec] W.; 
thence northerly to the point of beginning.
    (k) Area A-9. In North San Diego Bay, the Cruiser Anchorage, the 
water enclosed by a line beginning at latitude 32[deg]43[min]35.9[sec] 
N., longitude 117[deg]11[min]06.2[sec] W.; thence southwesterly to 
latitude 32[deg]43[min]31.5[sec] N., longitude 117[deg]11[min]13.2[sec] 
W.;

[[Page 453]]

thence southeasterly to latitude 32[deg]43[min]28.9[sec] N., longitude 
117[deg]11[min]11.0[sec] W.; thence southeasterly to latitude 
32[deg]43[min]25.9[sec] N., longitude 117[deg]11[min]07.7[sec] W.; 
thence northeasterly to latitude 32[deg]43[min]34.8[sec] N., longitude 
117[deg]11[min]03.2[sec] W., thence northwesterly to the point of 
beginning. All coordinates in this section use Datum: NAD 83.

    Note: Mariners anchoring in these anchorages, excluding Anchorage A-
6, should consult applicable local ordinances of the San Diego Unified 
Port District. Temporary floats or buoys for marking anchors are 
allowed. Fixed moorings, piles or stakes are prohibited. All moorings 
shall be positioned so that no vessel, when anchored, shall at any time 
extend beyond the limits of the area. See Captain of the Port Notice 6-
97, a copy of which can be obtained by calling (619) 683-6495.

[CGD11-97-007, 63 FR 16688, Apr. 6, 1998]



Sec. 110.91  Mission Bay, Calif.

    (a) Area M-1. In San Juan Cove, the entire water area west of a line 
drawn from latitude 32[deg]46[min]53.6[sec] N., longitude 
117[deg]14[min]52.5[sec] W.; to El Carmel Point North Light; latitude 
32[deg]46[min]48.0[sec] N., longitude 117[deg]14[min]50.1[sec] W.

    Note: Control over the anchoring of vessels and placing of temporary 
moorings in this area is exercised by the City of San Diego Park and 
Recreation Department pursuant to local ordinances.

    (b) Area M-2. In Santa Barbara Cove, the entire water area west of a 
line drawn from latitude 32[deg]46[min]40.0[sec] N., longitude 
117[deg]14[min]47.0[sec] W.; to latitude 32[deg]46[min]33.5[sec] N., 
longitude 117[deg]14[min]45.5[sec] W.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

    (c) Area M-3. In Mariners Basin, the entire water area west of a 
line drawn from latitude 32[deg]45[min]49.2[sec] N., longitude 
117[deg]14[min]42.9[sec] W.; to Mission Point Light; latitude 
32[deg]45[min]43.7[sec] N., longitude 117[deg]14[min]41.9[sec] W.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

    (d) Area M-4. In Quivira Basin, the entire water area enclosed by 
that portion of a circle of 45 yard radius from latitude 
32[deg]45[min]42.8[sec] N., longitude 117[deg]14[min]25.6[sec] W.; 
through the arc from 354[deg] T to 088[deg] T.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

[CGD11-85-02, 51 FR 2882, Jan. 22, 1986]



Sec. 110.93  Dana Point Harbor, Calif.

    The area in Dana Point Harbor, Calif. commencing at a point at 
latitude 33[deg]27[min]36.2[sec] N., longitude 117[deg]42[min]20.4[sec] 
W.; thence 016[deg]20[min] True for 612 feet to a point at latitude 
33[deg]27[min]42.1[sec] N., longitude 117[deg]42[min]18.4[sec] W.; 
thence 106[deg]20[min] True for 85 feet to a point at latitude 
33[deg]27[min]41.8[sec] N., longitude 117[deg]42[min]17.7[sec] W.; 
thence 196[deg]20[min] True for 222 feet to a point at latitude 
33[deg]27[min]39.7[sec] N., longitude 117[deg]42[min]18.2[sec] W.; 
thence 182[deg]20[min] True 234 feet to a point at latitude 
33[deg]27[min]37.4[sec] N., longitude 117[deg]42[min]18.2[sec] W.; 
thence 166[deg]20[min] True for 499 feet to a point at latitude 
33[deg]27[min]32.6[sec] N., longitude 117[deg]42[min]16.8[sec] W.; 
thence 320[deg] True for 470 feet to the point of origin.

[CGD 76-197, 42 FR 44985, Sept. 8, 1977]



Sec. 110.95  Newport Bay Harbor, Calif.

    (a) Area A-1. In Lido Channel, northeast of a line parallel to and 
195 feet from the pierhead line along the southwest shore of Lido Isle; 
north of the south U. S. Bulkhead line off Lido Isle extended; southwest 
of a line parallel to and 120 feet from the pierhead line along the 
southwest shore of Lido Isle; and southeast of the north side of Via 
Barcelona, on Lido Isle, extended.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (b) Area A-2. East of the east side of 15th Street extended; north 
of a line parallel to and 250 feet from the pierhead line between 14th 
and 15th Streets, this line being the north line of Newport Channel, and 
extending east in a straight line to an intersection with a line bearing 
268[deg] from Lido Isle East Light 2, this line being the

[[Page 454]]

northwest line of the main fairway; west of the east side of 13th Street 
extended; and south of a line parallel to and 220 feet from the pierhead 
line off the south shore of Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (c) Area A-3. A rectangular area, 40 feet wide and 885 feet long, on 
the west side of Upper Bay Channel, 120 feet east of and parallel to the 
west pierhead line, the south end being 50 feet north from U.S. Bulkhead 
Station 130.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to Orange 
County Harbor Ordinance No. 490 for recreational and small craft of such 
size and alignment as permitted by the harbor master.

    (d) Area A-4. South of a line bearing 268[deg] from Newport Bay 
Channel Light 11, this line being the south line of the main fairway; 
north of a line parallel to and 200 feet from the pierhead line off 11th 
to 8th Streets; and west of a line bearing 203[deg] from Newport Bay 
Channel Light 12, passing through the pierhead line at the east end of 
Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (e) Area A-5. (Newport Harbor Yacht Club). East of a line bearing 
23[deg] from the center of the north end of 8th Street, being parallel 
to and 150 feet distant from the east end of Area A-4; north of a line 
parallel to and 200 feet from the pierhead line off 7th and 8th Streets; 
northwest of a line parallel to and 200 feet from the northwest pierhead 
line off Bay Island; and south of a line bearing 268[deg] from Newport 
Bay Channel Light 11, this line being the southerly line of the main 
fairway.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (f) Area A-6. Northwest of Harbor Island, beginning at a point on 
the Newport City line 107 feet from the angle point northwest of Harbor 
Island; thence 36[deg]27[min], 55 feet; thence 303[deg]18[min], 300 
feet; thence 216[deg]27[min], 72 feet; thence 165[deg]12[min], 211 feet; 
thence 75[deg]11[min]44[sec], approximately 216 feet, to the point of 
beginning.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to Orange 
County Harbor Ordinance No. 490 for recreational and small craft of such 
size and alignment as permitted by the harbor master.

    (g) Area A-7. East of a line parallel to and 150 feet from the east 
pierhead line off Bay Island; north of a line parallel to and 150 feet 
from the pierhead line off Fernando Street; northwest of the east side 
of Adams Street extended; and southwest of a line bearing 131[deg] from 
Newport Bay Channel Light 11, being parallel to and 100 feet southwest 
of the southwest line of the main channel.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (h) Area A-8. Northeast of a line parallel to and 270 feet from the 
southwest pierhead line from Collins Isle to Balboa Island; north of a 
line bearing 311[deg] from Newport Bay Channel Lighted Buoy 10 and 
passing through Newport Bay Channel Light 12, this line being the 
northeast line of the main channel; southwest of a line parallel to and 
150 feet from the southwest pierhead line from Collins Isle to Balboa 
Island; and southeast of a line bearing 238[deg] from U.S. Station 160.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.


[[Page 455]]


    (i) Area A-9. In Balboa Island Channel, east of a line bearing due 
north from U.S. Station 151, being 25 feet west of the end of Emerald 
Avenue; north of a line parallel to and 75 feet from the north pierhead 
line off Balboa Island; west of the east side of Amethyst Avenue 
extended; and south of a line parallel to and 150 feet from the north 
pierhead line of Balboa Island.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (j) Area A-10. Southeast of a line bearing 209[deg] from Newport Bay 
Channel Lighted Buoy 10 and passing through the east side of the end of 
``A'' Street; north of an irregular line parallel to and 150 feet from 
the north pierhead line off Balboa Peninsula from ``A'' to ``K'' 
Streets; south of the south line of the main channel; and south and 
southeast of an irregular line parallel to and 375 feet from the north 
pierhead line off Balboa Peninsula.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (k) Area A-11. Northeast of a line bearing 108[deg]30[min] from 
Newport Bay Channel Lighted Buoy 10, this line being the northeast line 
of the main channel; north of a line parallel to and 350 feet from the 
south pierhead line off Balboa Island; west of the west bulkhead line of 
the Grand Canal extended; and south of a line parallel to and 150 feet 
from the south pierhead off Balboa Island.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (l) Area A-12 (Balboa Yacht Club). South of a line parallel to and 
150 feet from the south pierhead line off Balboa Island; west of the 
east end pierhead line off Balboa Island extended and bearing 161[deg]; 
north of a line parallel to and 700 feet from the south pierhead line 
off Balboa Island; and east of a line parallel to and 1,000 feet from 
the east boundary, bearing 161[deg] from the point of intersection of 
the east bulkhead line of Grand Canal and the south bulkhead line off 
Balboa Island.

    Note: This area is reserved for recreational and other small craft. 
Single moorings will be allowed in this area conforming to the City of 
Newport Beach Harbor Ordinance No. 543 for pleasure boats and yachts of 
such sizes and alignments as permitted by the harbor master.

    (m) [Reserved]
    (n) Area B-1. Southeast of a line bearing 237[deg] from Lido Isle 
West Light 4 and being parallel to and 200 feet from the pierhead line 
off the southeast end of Rhine Point; northeast of the southwest 
bulkhead line off Rhine Point extended; north of a line parallel to and 
250 feet from the pierhead line between 15th and 18th Streets, this line 
being the north line of Newport Channel; west of the west side of 15th 
Street extended; and south of a line parallel to and 220 feet from the 
pierhead off the south shore of Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-85-02, 51 
FR 2882, Jan 22, 1986]



Sec. 110.100  Los Angeles and Long Beach Harbors, Calif.

    (a) [Reserved]
    (b) Area A-2. Consisting of two parts in the outer basin of Fish 
Harbor on the east and west sides of Fish Harbor Entrance Channel 
described as follows:
    (1) Part 1. Beginning at a point at the intersection of westerly 
side of Fish Harbor Entrance Channel and the outer jetty; thence 
southwesterly along the jetty about 900 feet to the shore; thence 
northerly about 500 feet; thence northeasterly about 650 feet, on a line 
parallel to jetty; thence southeasterly about 500 feet, along the 
westerly side of Fish Harbor Entrance Channel to the point of beginning.

[[Page 456]]

    (2) Part 2. Beginning at a point at the intersection of the east 
side of Fish Harbor Entrance Channel and Fish Harbor mole (outer Fish 
Harbor); thence northwesterly along channel line about 850 feet to the 
southerly side of the Fairway; thence northeasterly and easterly along 
the southerly side of the Fairway, about 478 and 565 feet respectively 
to its intersection with Fish Harbor mole; thence southerly and 
southwesterly along the mole to the point of beginning.
    (c) Area B-1. Long Beach outer harbor along east side of Pier 400 
beginning at latitude 33[deg]44[min]22.8[sec] N., longitude 
118[deg]13[min]51.0[sec] W.; thence south to latitude 
33[deg]43[min]54.5[sec] N., longitude 118[deg]13[min]50.0[sec] W.; 
thence southwesterly to latitude 33[deg]43[min]46.0[sec] N., longitude 
118[deg]14[min]13.6[sec] W.; thence northwesterly to latitude 
33[deg]44[min]15.3[sec] N., longitude 118[deg]14[min]26.6[sec] W.; 
thence northeasterly to latitude 33[deg]44[min]25.1[sec] N., longitude 
118[deg]14[min]15.6[sec] W.; thence easterly to the beginning point.
    (d) Area C-1. Long Beach outer harbor between Island Freeman and 
Island Chaffee beginning at latitude 33[deg]44[min]20.0[sec] N., 
longitude 118[deg]08[min]26.2[sec] W.; thence west to latitude 
33[deg]44[min]23.5[sec] N., longitude 118[deg]09[min]32.6[sec] W.; 
thence north to latitude 33[deg]44[min]52.8[sec] N., longitude 
118[deg]09[min]33.2[sec] W.; thence southeast to latitude 
33[deg]44[min]25.5[sec] N., longitude 118[deg]08[min]26.2[sec] W.; 
thence south to the beginning point.
    (e) Area E-1. Long Beach outer harbor northwest of Island Freeman 
beginning at latitude 33[deg]44[min]55.0[sec] N., longitude 
118[deg]09[min]40.0[sec] W.; thence southwesterly to latitude 
33[deg]44[min]37.0[sec] N., longitude 118[deg]09[min]48.5[sec] W.; 
thence northwesterly to latitude 33[deg]44[min]52.0[sec] N., longitude 
118[deg]10[min]32.0[sec] W.; thence north to latitude 
33[deg]45[min]11.0[sec] N., longitude 118[deg]10[min]32.0[sec] W.
    (f) Restrictions. Special anchorage areas B-1, C-1, and E-1 are 
reserved for barges on mooring balls, unless otherwise authorized by the 
Captain of the Port Los Angeles-Long Beach.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-04-005, 71 
FR 15036, Mar. 27, 2006]



Sec. 110.111  Marina del Rey Harbor, Calif.

    An area in the main channel within the following described 
boundaries:
    Beginning at the most northeasterly corner at latitude 
33[deg]58[min]58[sec], longitude 118[deg]26[min]46[sec]; thence 
southerly to latitude 33[deg]58[min]53[sec], longitude 
118[deg]26[min]46[sec]; thence southeasterly to latitude 
33[deg]58[min]52[sec], longitude 118[deg]26[min]45[sec]; thence 
southerly to latitude 33[deg]58[min]39[sec], longitude 
118[deg]26[min]45[sec]; thence westerly to latitude 
33[deg]58[min]38[sec], longitude 118[deg]26[min]55[sec]; thence 
northerly to latitude 33[deg]59[min]00[sec], longitude 
118[deg]26[min]55[sec]; thence easterly to the point of beginning.

    Note: This area is reserved for yachts and other recreational craft 
and for all types of small craft during storm, stress, or other 
emergency. Single and fore-and-aft moorings will be allowed in the area 
as permitted by the Director of the Department of Small Craft Harbors, 
Los Angeles County.



Sec. 110.115  Santa Barbara Harbor, Calif.

    North of the Santa Barbara breakwater; seaward of the line of mean 
high water; and southwest of a line bearing 46[deg]30[min] from the 
north corner of Bath Street and Cabrillo Boulevard to the end of the 
Santa Barbara breakwater; excluding a fairway 225 feet wide, 100 feet 
from each side of and parallel to the Navy pier.

    Note: Fore and aft moorings will be allowed in this area conforming 
to the City of Santa Barbara Harbor Ordinance No. 2106 for yachts and 
small craft of such size and alignment as permitted by the harbor 
master.



Sec. 110.120  San Luis Obispo Bay, Calif.

    (a) Area A-1. Area A-1 is the water area bounded by the San Luis 
Obispo County wharf, the shoreline, a line drawn from the southernmost 
point of Fossil Point to latitude 35[deg]10[min]18.5[sec] N., longitude 
120[deg]43[min]38.5[sec] W.; thence to the southeast corner of the San 
Luis Obispo County wharf.
    (b) Area A-2. Area A-2 is the water area enclosed by a line drawn 
from the outer end of Whaler Island breakwater at latitude 
35[deg]09[min]22[sec] N., longitude 120[deg]44[min]56[sec] W., to the 
Marr[eacute] Chimney at latitude 35[deg]10[min]56[sec] N., longitude 
120[deg]44[min]31[sec] W.

    Note: The Port San Luis Harbor District prescribes local regulations 
for mooring and boating activities in these areas.

[CGD 72-24R, 38 FR 1928, Jan. 19, 1973]



Sec. 110.125  Morro Bay Harbor, Calif.

    (a) Area A-1. Opposite the City of Morro Bay, beginning 50 feet west 
of the intersection of the west channel line and the prolongation of the 
center

[[Page 457]]

line of Seventh Street; thence in a generally southeasterly direction 
and parallel to the channel line for a distance of 450 yards; thence 
166[deg] and parallel to the revetment for a distance of 1,025 yards; 
thence 270[deg] for a distance of 200 yards; thence 346[deg] for a 
distance of about 1,425 yards to meet the prolongation of the center 
line of Seventh Street; and thence to the point of beginning.
    (b) Area A-2. Beginning at a point 322[deg] and 150 feet from the 
high water line on the most westerly part of Fairbanks Point; thence 
continuing on this bearing for a distance of 1,346 feet; thence 52[deg] 
for a distance of 450 feet and thence generally southeasterly parallel 
to and 150 feet from the mean high water line to the point of beginning.

    Note: Moorings and boating activities will be allowed in these areas 
conforming to applicable City of Morro Bay ordinances and regulations 
adopted pursuant thereto.



Sec. 110.126  Monterey Harbor, Calif.

    The waters of Monterey Harbor between the shoreline and the 
following coordinates: Beginning at a point on the shoreline at latitude 
36[deg]36[min]27.5[sec] N., longitude 121[deg]53[min]35.0[sec] W.; 
thence to latitude 36[deg]36[min]32.4[sec] N., longitude 
121[deg]53[min]31.0[sec] W., in an easterly direction to latitude 
36[deg]36[min]28.8[sec] N., 121[deg]53[min]19.0[sec] W.; thence south to 
latitude 36[deg]36[min]23.1[sec] N., longitude 121[deg]53[min]19.0[sec] 
W.; thence to the north end of Municipal Wharf No. 1 at latitude 
36[deg]36[min]20.0[sec] N., longitude 121[deg]53[min]28.0[sec] W.

[CGD 82-091, 47 FR 45878, Oct. 14, 1982]



Sec. 110.126a  San Francisco Bay, Calif.

    Richardson Bay Anchorage. That portion of Richardson Bay, north of a 
line bearing 257[deg] from Peninsula Point to the shore at Sausalito, 
except for federally-maintained channels, and all channels approved for 
private use therein.

    Note: Mariners anchoring in the special anchorage area should 
consult applicable ordinances of the Richardson Bay Regional Agency and 
the County of Marin. These ordinances establish requirements on matters 
including the anchoring of vessels, placement of moorings, and use of 
anchored and moored vessels within the special anchorage area. 
Information on these local agency requirements may be obtained from the 
Richardson Bay Harbor Administrator.

[CGFR 69-109, 34 FR 17771, Nov. 4, 1969, as amended by CGD 78-126, 45 FR 
10760, Feb. 19, 1980; CGD11-99-009, 65 FR 20086, Apr. 14, 2000]



Sec. 110.127  Lake Mohave and Lake Mead, Nevada and Arizona.

    (a) Willow Beach, Ariz. That portion of Lake Mohave enclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 35[deg]52[min]30[sec] N.       114[deg]39[min]35[sec] W.
``b'' 35[deg]52[min]10[sec] N.       114[deg]39[min]35[sec] W.
 

    (b) Katherine, Ariz. That portion of Lake Mohave inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 35[deg]13[min]33[sec] N.       114[deg]34[min]38[sec] W.
``b'' 35[deg]13[min]05[sec] N.       114[deg]34[min]40[sec] W.
 

    (c) El Dorado Canyon, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 50-
foot-wide fairway, extending easterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 35[deg]42[min]37[sec] N.       114[deg]42[min]21[sec] W.
``b'' 35[deg]42[min]08[sec] N.       114[deg]42[min]10[sec] W.
 

    (d) Cottonwood Cove, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway extending northeasterly from the launching ramp, as 
established by the Superintendent Lake Mead Recreation Area:

``a'' 35[deg]29[min]46[sec] N.       114[deg]40[min]55[sec] W.
``b'' 35[deg]29[min]33[sec] N.       114[deg]40[min]45[sec] W.
 

    (e) Overton Beach, Nev.--(1) Area ``A''. That portion of Lake Mead 
inclosed by the shore and lines connecting the following points, 
excluding two 300-foot-wide fairways, extending northwesterly and 
southwesterly from the launching ramps, as established by the 
Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]27[min]05[sec] N.       114[deg]21[min]48[sec] W.
``b'' 36[deg]27[min]15[sec] N.       114[deg]21[min]20[sec] W.
``c'' 36[deg]26[min]32[sec] N.       114[deg]20[min]45[sec] W.

[[Page 458]]

 
``d'' 36[deg]25[min]49[sec] N.       114[deg]20[min]50[sec] W.
``e'' 36[deg]25[min]00[sec] N.       114[deg]21[min]27[sec] W.
``f'' 36[deg]25[min]19[sec] N.       114[deg]22[min]10[sec] W.
 

    (f) Echo Bay, Nev. That portion of Lake Mead inclosed by the shore 
and lines connecting the following points, excluding a 100-foot-wide 
fairway, extending southwesterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]18[min]30[sec] N.      114[deg]25[min]10[sec] W.
``b'' 36[deg]18[min]20[sec] N.      114[deg]24[min]00[sec] W.
``c'' 36[deg]17[min]35[sec] N.      114[deg]24[min]05[sec] W.
``d'' 36[deg]17[min]40[sec] N.      114[deg]24[min]27[sec] W.
 

    (g) Callville Bay, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]09[min]00[sec] N.      114[deg]42[min]40[sec] W.
``b'' 36[deg]08[min]10[sec] N.      114[deg]42[min]03[sec] W.
``c'' 36[deg]08[min]06[sec] N.      114[deg]42[min]40[sec] W.
 

    (h) Las Vegas Wash, Nev. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 200-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]07[min]23[sec] N.      114[deg]49[min]45[sec] W.
``b'' 36[deg]06[min]29[sec] N.      114[deg]49[min]45[sec] W.
 

    (i) Hemenway Harbor, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp at Boulder 
Beach and a 600-foot-wide fairway, extending northeasterly from the 
launching ramp at Hemenway Harbor, both as established by the 
Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]04[min]05[sec] N.      114[deg]48[min]15[sec] W.
``b'' 36[deg]03[min]25[sec] N.      114[deg]48[min]10[sec] W.
``c'' 36[deg]01[min]20[sec] N.      114[deg]45[min]15[sec] W.
 

    (j) Kingman Wash, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]02[min]34[sec] N.      114[deg]42[min]50[sec] W.
``b'' 36[deg]02[min]05[sec] N.      114[deg]43[min]05[sec] W.
 

    (k) Temple Bar, Ariz. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southwesterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]02[min]21[sec] N.      114[deg]19[min]29[sec] W.
``b'' 36[deg]02[min]34[sec] N.      114[deg]18[min]46[sec] W.
``c'' 36[deg]02[min]03[sec] N.      114[deg]18[min]13[sec] W.
 

    (l) Greggs, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding a 100-foot-wide 
fairway, extending northerly from the launching ramp, as established by 
the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]00[min]35[sec] N.      114[deg]13[min]49[sec] W.
``b'' 36[deg]00[min]35[sec] N.      114[deg]14[min]10[sec] W.
 

    (m) Pierce Ferry, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]08[min]42[sec] N.      113[deg]59[min]24[sec] W.
``b'' 36[deg]07[min]18[sec] N.      113[deg]58[min]32[sec] W.
 

    (n) South Bay, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding one 100-foot wide 
fairway, extending westerly from the launching ramp, as established by 
the Superintendent, Lake Mead Recreation Area:

``a'' 36[deg]06[min]26[sec] N.      114[deg]06[min]13[sec] W.
``b'' 36[deg]05[min]00[sec] N.      114[deg]06[min]50[sec] W.
``c'' 36[deg]05[min]00[sec] N.      114[deg]06[min]13[sec] W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Lake Mead 
Recreation Area, National Park Service.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-36, 34 FR 
6577, Apr. 17, 1969; CGD 79-045, 44 FR 60091, Oct. 18, 1979]



Sec. 110.127a  Lake Powell, Utah-Arizona.

    (a) Castel Butte, Utah. That portion of Lake Powell inclosed by the 
shore and a line connecting the following points, excluding a 300-foot-
wide fairway extending in an east-west direction perpendicular to the 
launching ramp, as

[[Page 459]]

established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 37[deg]43[min]45[sec] N.      110[deg]27[min]00[sec] W.
``b'' 37[deg]42[min]30[sec] N.      110[deg]27[min]57[sec] W.
 

    (b) Bullfrog Basin, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 37[deg]29[min]17[sec] N.      110[deg]42[min]28[sec] W.
``b'' 37[deg]28[min]44[sec] N.      110[deg]43[min]40[sec] W.
 

    (c) Halls Crossing, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending northwesterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 37[deg]28[min]24[sec] N.      110[deg]42[min]57[sec] W.
``b'' 37[deg]28[min]00[sec] N.      110[deg]43[min]21[sec] W.
``c'' 37[deg]27[min]46[sec] N.      110[deg]43[min]16[sec] W.
 

    (d) Dangling Rope Canyon, Utah. That portion of Dangling Rope 
Canyon, Lake Powell, enclosed by the shoreline and a line connecting the 
following points, excluding a 200-foot-wide fairway, extending southerly 
from the marina, as established by the Superintendent, Glen Canyon 
National Recreation Area:

``a'' 37[deg]06[min]48[sec] N.      111[deg]05[min]00[sec] W.
``b'' 37[deg]07[min]15[sec] N.      111[deg]05[min]03[sec] W.
``c'' 37[deg]07[min]19[sec] N.      111[deg]04[min]49[sec] W.
``d'' 37[deg]08[min]08[sec] N.      111[deg]04[min]00[sec] W.
``e'' 37[deg]07[min]30[sec] N.      111[deg]04[min]30[sec] W.
``f'' 37[deg]07[min]20[sec] N.      111[deg]04[min]15[sec] W.
 

    (e) Wahweap, Arizona-Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway, extending northeasterly from the northerly launching 
ramp and a 300-foot-wide fairway, extending easterly from the southerly 
launching ramp, as established by the Superintendent, Glen Canyon 
National Recreation Area:

``a'' 37[deg]00[min]21[sec] N.      111[deg]30[min]30[sec] W.
``b'' 37[deg]00[min]40[sec] N.      111[deg]30[min]00[sec] W.
``c'' 36[deg]59[min]10[sec] N.      111[deg]28[min]48[sec] W.
``d'' 36[deg]59[min]10[sec] N.      111[deg]29[min]24[sec] W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Glen Canyon 
National Recreation Area.

    (f) Hite, Utah. That portion of Lake Powell enclosed by the shore 
and by lines connecting the following two sets of points, excluding a 
200-foot-wide fairway extending westerly from the launching ramp on the 
far shore, as established by the Superintendent, Glen Canyon National 
Recreation area:

                               East Shore
``a'' 37[deg]51[min]40[sec] N.      110[deg]23[min]45[sec] W.
``b'' 37[deg]51[min]40[sec] N.      110[deg]24[min]05[sec] W.
``c'' 37[deg]52[min]30[sec] N.      110[deg]24[min]00[sec] W.
``d'' 37[deg]52[min]30[sec] N.      110[deg]23[min]35[sec] W.
 


                               North Wash
``a'' 37[deg]52[min]00[sec] N.      110[deg]24[min]45[sec] W.
``b'' 37[deg]52[min]40[sec] N.      110[deg]24[min]45[sec] W.
 


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 11-84-05, 49 
FR 47603, Dec. 6, 1984]



Sec. 110.127b  Flaming Gorge Lake, Wyoming-Utah.

    (a) Buckboard Crossing, Wyo. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 150-foot-wide fairway, extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

``a'' 41[deg]14[min]50[sec] N.      109[deg]35[min]22[sec] W.
``b'' 41[deg]14[min]37[sec] N.      109[deg]35[min]12[sec] W.
 

    (b) Squaw Hollow, Wyo. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
100-foot-wide fairway, extending southeasterly from the launching ramp, 
as established by the Superintendent, Flaming Gorge National Recreation 
Area:

``a'' 41[deg]09[min]55[sec] N.      109[deg]33[min]18[sec] W.
``b'' 41[deg]09[min]48[sec] N.      109[deg]33[min]20[sec] W.
 

    (c) Antelope Flat, Utah. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
150-foot-wide fairway, extending southeasterly from the launching ramp 
to a point beyond

[[Page 460]]

the floating breakwater and then westerly, as established by the 
Superintendent, Flaming Gorge National Recreation Area:

``a'' 40[deg]57[min]46[sec] N.      109[deg]33[min]30[sec] W.
``b'' 40[deg]57[min]37[sec] N.      109[deg]33[min]37[sec] W.
 

    (d) Lucerne Valley, Utah. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 300-foot-wide fairway extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

``a'' 40[deg]59[min]07[sec] N.      109[deg]34[min]54[sec] W.
``b'' 40[deg]58[min]54[sec] N.      109[deg]35[min]00[sec] W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Flaming Gorge 
National Recreation Area.



Sec. 110.127c  Trinidad Bay, Calif.

    The waters of Trinidad Bay, beginning at the southernmost point of 
Trinidad Head at latitude 41[deg]03[min]04[sec] N., longitude 
124[deg]08[min]56[sec] W.; thence east to Prisoner Rock at latitude 
41[deg]03[min]09[sec] N., longitude 124[deg]08[min]37[sec] W.; thence 
east to latitude 41[deg]03[min]09[sec] N., longitude 
124[deg]08[min]19[sec] W., thence north to latitude 
41[deg]03[min]26[sec] N., longitude 124[deg]08[min]21[sec] W.; thence 
following the shoreline to Trinidad Bay in a westerly and southerly 
direction to the point of beginning.

    Note: The area will be principally for use by sport and commercial 
fishing vessels. Temporary floats and buoys for anchoring will be 
allowed in the area. Fixed moorings, piles or stakes are prohibited. All 
moorings shall be placed so that no vessel when anchored or moored shall 
at any time extend beyond the limits of the area. The anchoring of all 
vessels and placing of all moorings will be under the supervision of the 
City of Trinidad or such other authority as may be designated by the 
City Council of the City of Trinidad, California.

[CGD 76-105, 42 FR 37811, July 25, 1977, as amended by CGD12 86-06, 51 
FR 10198, Mar. 25, 1986]



Sec. 110.128  Columbia River at Portland, Oreg.

    The waters of the Columbia River between Sand Island and Government 
Island, bounded on the west by pile dike U.S. 5.75 and a line extending 
true north from the northerly end of the dike to the south shore of Sand 
Island and bounded on the east by a line bearing 339[deg]15[min] true, 
from a point on Government Island at latitude 45[deg]35[min]10[sec], 
longitude 122[deg]32[min]41[sec], to the southerly shore of Sand Island.



Sec. 110.128b  Island of Hawaii, Hawaii.

    (a) Hilo Bay. The waters of Hilo Bay enclosed by a line beginning at 
19[deg]43[min]55.5[sec] N. latitude, 155[deg]03[min]30[sec] W. 
longitude; thence to 19[deg]44[min]08[sec] N. latitude, 
155[deg]04[min]19[sec] W. longitude; thence to 19[deg]43[min]51[sec] N. 
latitude, 155[deg]04[min]30[sec] W. longitude; thence to 
19[deg]44[min]10[sec] N. latitude, 155[deg]05[min]29[sec] W. longitude; 
thence along the shoreline to the beginning point. (Datum: OHD)
    (b) Kuhio Bay. The waters of Kuhio Bay enclosed by a line beginning 
at 19[deg]44[min]13[sec] N. latitude, 155[deg]03[min]25[sec] W. 
longitude; thence to 19[deg]44[min]15[sec] N. latitude, 
155[deg]03[min]25[sec] W. longitude; thence along the shoreline to the 
beginning point. (Datum: OHD)

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.128c  Island of Kauai, Hawaii.

    (a) Nawiliwili Bay. The waters of Nawiliwili Bay enclosed by a line 
beginning at 21[deg]57[min]12.5[sec] N. latitude, 159[deg]21[min]38[sec] 
W. longitude; thence to 21[deg]57[min]26[sec] N. latitude, 
159[deg]21[min]39.5[sec] W. longitude; thence along the shoreline to the 
beginning point. (Datum: OHD)
    (b) [Reserved]

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.128d  Island of Oahu, Hawaii. (Datum: OHD)

    (a) Kaneohe Bay (1). The waters of Kaneohe Bay enclosed by a line 
beginning at 21[deg]26[min]28[sec] N. latitude, 157[deg]46[min]00[sec] 
W. longitude; thence to 21[deg]26[min]00[sec] N. latitude, 
157[deg]46[min]14[sec] W. longitude; thence to 21[deg]26[min]20[sec] N. 
latitude, 157[deg]47[min]24[sec] W. longitude; thence to 
21[deg]27[min]00[sec] N. latitude, 157[deg]48[min]25[sec] W. longitude; 
thence to 21[deg]26[min]46[sec] N. latitude, 157[deg]48[min]37[sec] W. 
longitude; thence along the shoreline to the beginning point.
    (b) Kaneohe Bay (2). The waters of Kaneohe Bay enclosed by a line 
beginning at 21[deg]27[min]28[sec] N. latitude, 157[deg]49[min]08[sec]

[[Page 461]]

W. longitude; thence to 21[deg]28[min]10[sec] N. latitude, 
157[deg]50[min]03[sec] W. longitude; thence to 21[deg]29[min]10[sec] N. 
latitude, 157[deg]50[min]40[sec] W. longitude; thence to 
21[deg]30[min]46[sec] N. latitude, 157[deg]50[min]14[sec] W. longitude; 
thence along the shoreline to the beginning point.
    (c) Keehi Lagoon. The waters of Keehi Lagoon bounded by a line 
connecting the following points:

21[deg]19[min]35.0[sec] N           157[deg]54[min]06.0[sec] W
21[deg]19[min]37.7[sec] N           157[deg]53[min]58.0[sec] W
21[deg]19[min]06.4[sec] N           157[deg]53[min]41.9[sec] W
21[deg]19[min]00.8[sec] N           157[deg]53[min]44.1[sec] W
21[deg]18[min]59.9[sec] N           157[deg]53[min]49.7[sec] W
21[deg]19[min]04.9[sec] N           157[deg]53[min]50.0[sec] W
 


and thence to the point of beginning.
    (d) Sans Souci Beach. The waters of Sans Souci Beach enclosed by a 
line beginning at 21[deg]15[min]49[sec] N. latitude, 
157[deg]49[min]31[sec] W. longitude; thence to 21[deg]15[min]49.2[sec] 
N. latitude, 157[deg]49[min]29[sec] W. longitude; thence to 
21[deg]15[min]56.2[sec] N. latitude, 157[deg]49[min]31[sec] W. 
longitude; thence to 21[deg]15[min]56[sec] N. latitude, 
157[deg]49[min]33[sec] W. longitude; thence to the beginning point.
    (e) Iroquois Point Lagoon. The waters of Iroquois Point Lagoon 
enclosed by a line beginning at 21[deg]19[min]53[sec] N. latitude, 
157[deg]58[min]30[sec] W. longitude; thence to 21[deg]19[min]56[sec] N. 
latitude, 157[deg]58[min]31[sec] W. longitude; thence along the 
shoreline to the beginning point.
    (f) Hickam AFB Marina (1)a. The waters of Hickam AFB Marina enclosed 
by a line beginning at 21[deg]19[min]13[sec] N. latitude, 
157[deg]57[min]40[sec] W. longitude; thence to 21[deg]18[min]45[sec] N. 
latitude, 157[deg]57[min]40[sec] W. longitude; thence to 
21[deg]18[min]45[sec] N. latitude, 157[deg]57[min]28.5[sec] W. 
longitude; thence to 21[deg]19[min]10[sec] N. latitude, 
157[deg]57[min]28.5[sec] W. longitude; thence along the shoreline to the 
beginning point.
    (g) Hickam AFB Marina (2). The waters of Hickam AFB Marina enclosed 
by a line beginning at 21[deg]19[min]11[sec] N. latitude, 
157[deg]57[min]10[sec] W. longitude; thence to 21[deg]18[min]46.2[sec] 
N. latitude, 157[deg]57[min]20[sec] W. longitude; thence to 
21[deg]18[min]46.2[sec] N. latitude, 157[deg]57[min]05.2[sec] W. 
longitude; thence along the shoreline to the beginning point.
    (h) Aiea Bay. The waters of Aiea Bay enclosed by a line beginning at 
21[deg]22[min]20[sec] N. latitude, 157[deg]56[min]30[sec] W. longitude; 
thence to 21[deg]22[min]27[sec] N. latitude, 157[deg]56[min]40.5[sec] W. 
longitude; thence to 21[deg]22[min]30[sec] N. latitude, 
157[deg]56[min]40.5[sec] W. longitude; thence to 21[deg]22[min]37[sec] 
N. latitude, 157[deg]56[min]22.5[sec] W. longitude; thence to 
21[deg]22[min]37[sec] N. latitude, 157[deg]56[min]19[sec] W. longitude; 
thence along the shoreline to the beginning point.

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended at 43 FR 21881, May 
22, 1978; CGD14-90-01, 56 FR 13762, Apr. 4, 1991]



Sec. 110.129a  Apra Harbor, Guam. (Datum: WGS 84)

    (a) The waters bounded by a line connecting the following points:

13[deg]27[min]45.5[sec] N           144[deg]39[min]34.8[sec] E
13[deg]27[min]32.0[sec] N           144[deg]39[min]36.3[sec] E
 


and thence along the shoreline to the point of beginning.
    (b) The waters bounded by a line connecting the following points:

13[deg]26[min]53.6[sec] N           144[deg]40[min]03.8[sec] E
13[deg]27[min]04.0[sec] N           144[deg]40[min]04.8[sec] E
13[deg]27[min]04.0[sec] N           144[deg]40[min]09.8[sec] E
13[deg]27[min]10.0[sec] N           144[deg]40[min]09.8[sec] E
13[deg]27[min]10.0[sec] N           144[deg]40[min]23.8[sec] E
13[deg]26[min]51.0[sec] N           144[deg]40[min]23.8[sec] E
13[deg]26[min]51.0[sec] N           144[deg]40[min]06.0[sec] E
 


and thence to the point of beginning.

[CGD14-89-01, 55 FR 27465, July 3, 1990]



                       Subpart B_Anchorage Grounds



Sec. 110.130  Bar Harbor, Maine.

    (a) Anchorage grounds. (1) Anchorage ``A'' is that portion of 
Frenchman Bay, Bar Harbor, ME enclosed by a rhumb line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44[deg]23[min]43[sec] N...................  068[deg]12[min]00[sec] W;
                                             thence to
44[deg]23[min]52[sec] N...................  068[deg]11[min]22[sec] W;
                                             thence to
44[deg]23[min]23[sec] N...................  068[deg]10[min]59[sec] W;
                                             thence to
44[deg]23[min]05[sec] N...................  068[deg]11[min]32[sec] W;
                                             returning to start.
------------------------------------------------------------------------

    (2) Anchorage ``B'' is that portion of Frenchman Bay, Bar Harbor, ME 
enclosed by a rhumb line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44[deg]24[min]33[sec] N...................  068[deg]13[min]09[sec] W;
                                             thence to
44[deg]24[min]42[sec] N...................  068[deg]11[min]47[sec] W;
                                             thence to copied
44[deg]24[min]11[sec] N...................  068[deg]11[min]41[sec] W;
                                             thence to
44[deg]24[min]02[sec] N...................  068[deg]13[min]03[sec] W;
                                             returning to start.
------------------------------------------------------------------------

    (b) Regulations. (1) Anchorage A is a general anchorage ground 
reserved for passenger vessels, small commercial vessels and pleasure 
craft. Anchorage B is a general anchorage ground reserved primarily for 
passenger vessels 200 feet and greater.

[[Page 462]]

    (2) These anchorage grounds are authorized for use year round.
    (3) Temporary floats or buoys for marking anchors will be allowed in 
all anchorage areas.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Any vessels anchored in this area shall be capable of moving and 
when ordered to move by the Captain of the Port shall do so with 
reasonable promptness.
    (6) The anchoring of vessels is under the coordination of the local 
Harbormaster.

[CGD-01-02-027, 67 FR 68518, Nov. 12, 2002]



Sec. 110.132  Rockland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A. Beginning at a point 
bearing 158[deg], 1,075 yards, from Rockland Breakwater Light; thence 
252[deg], 2,020 yards, to a point bearing 224[deg] from Rockland 
Breakwater Light; thence 345[deg], 740 yards, to a point bearing 
242[deg] from Rockland Breakwater Light; thence 72[deg], 1,300 yards, to 
a point bearing 222[deg] from Rockland Breakwater Light; and thence 
120[deg], 1,000 yards, to the point of beginning.
    (2) Anchorage B. Beginning at a point bearing 273[deg], 400 yards, 
from Rockland Breakwater Light; thence 273[deg], 700 yards, to a point 
bearing 273[deg] from Rockland Breakwater Light; thence 349[deg], 850 
yards, to a point bearing 305[deg] from Rockland Breakwater Light; 
thence 89[deg], 700 yards, to a point bearing 328[deg] from Rockland 
Breakwater Light; and thence 169[deg], 900 yards, to the point of 
beginning.
    (b) The regulations. (1) Anchorages A and B are general anchorage 
grounds reserved for merchant vessels, commercial vessels or passenger 
vessels over 65 feet in length. Fixed moorings, piles or stakes are 
prohibited.
    (2) A distance of approximately 500 yards shall be left between 
Anchorages A and B for vessels entering or departing from the Port of 
Rockland. A distance of approximately 100 yards shall be left between 
Anchorage A and the Special Anchorage Area for vessels entering or 
departing facilities in the vicinity of Atlantic Point. Any vessel 
anchored in these anchorages shall be capable of moving and when ordered 
to move by the Captain of the Port shall do so with reasonable 
promptness.
    (3) All other vessels within the Rockland Harbor area are prohibited 
from anchoring within 300 yards or operating within 100 feet of any navy 
yard, shipbuilding plant, power plant, oil terminal, marine terminal, 
munitions plant, military or naval arsenal or depot, warehouse, or 
freight pier without permission from the Captain of the Port, Rockland, 
Maine, or his authorized representative.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002; CGD-01-02-129, 68 FR 44888, July 31, 2003]



Sec. 110.133  Kennebec River in vicinity of Bath, Maine.

    (a) The anchorage grounds. Vessels may anchor only within the 
following limits:
    (1) Northward of a line bearing 54[deg] true and extending from a 
point on Passmore's wharf in prolongation with the north side of 
Commerce Street, Bath, Maine, to a point on the shore in Woolwich, 
approximately 1,200 feet north of the Maine Central Railroad wharf.
    (2) Southward of a line drawn from the derrick on the Bath Iron 
Works wharf to Sassanoa Point in Woolwich.
    (b) The regulations. (1) Vessels in the north anchorage shall be so 
anchored as to leave a clear fairway of 150 feet channelward of the 
established harbor lines at Bath, and a clear fairway 200 feet from the 
east or Woolwich shore, for the passage of steamers, tows, rafts, and 
other watercraft.
    (2) The launching of vessels into the waters between the anchorages 
or the bringing up of such vessels by their anchors will be permitted: 
Provided, That the vessels so launched shall be removed therefrom within 
12 hours from the time of anchorage.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec. 110.134  Portland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A (general). Beginning at 
latitude 43[deg]39[min]37[sec] N, longitude 070[deg]14[min]35[sec] W; 
thence approximately 090[deg] for 1550 yards to Fort Gorges Island Ledge

[[Page 463]]

Buoy 4; thence 350[deg] for 300 yards; thence 025[deg] for 780 yards; 
thence 303[deg] for 750 yards; thence 254[deg] for 560 yards; thence 
186[deg] for 750 yards and thence to the point of beginning.
    (2) Anchorage B (general--primarily intended for deep draft 
vessels). Beginning at Fort Gorges Island Ledge Buoy 4; thence 062[deg] 
to Little Diamond Island; thence along the southwestern shore to the 
pier on the southern end of Little Diamond Island; 133[deg] for 1200 
yards; 270[deg] to House Island Light; thence along the western shore of 
House Island to Fort Scammel Point Light; thence 325[deg] for 1700 yards 
to the point of beginning.
    (3) Anchorage C. Bounded on the northwest by House Island; on the 
north by a line running 90[deg] from House Island Light to Peak Island; 
on the east by the western shore of Peak Island, by a line running 
198[deg] from the westernmost point on Peak Island to Cushing Island, 
and by the shore of Cushing Island to its westernmost point; and on the 
southwest by a line running from the westernmost point on Cushing Island 
to Fort Scammel Point Light.
    (b) The regulations. (1) Anchorage B is intended for general 
purposes, but especially for use by oil tankers and other large deep-
draft ships entering harbor at night and intending to proceed to the 
dock allotted at daylight the following morning or as soon as 
practicable. This area is also to be used for quarantine anchorage. 
Vessels must be so anchored in this area as to leave at all times an 
open usable channel at least 100 feet wide for passage of ferry and 
other boats between Portland, Peak Island, and Bay Points. Any vessels 
anchored in this area shall be ready to move on short notice when 
ordered to do so by the Captain of the Port.
    (2) Anchorage C is intended for use only by small vessels and for 
temporary anchorage.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 83-1R, 48 FR 
56578, Dec. 22, 1983. Redesignated by CGD-01-02-027, 67 FR 68518, Nov. 
12, 2002]



Sec. 110.136  Lake Champlain, NY and VT.

    (a) Burlington Harbor, Vt. (1) The waters bounded by a line 
connecting the following points:

44[deg]28[min]26.9[sec] N           73[deg]13[min]31.9[sec] W
44[deg]28[min]26.4[sec] N           73[deg]13[min]25.6[sec] W
44[deg]28[min]22.0[sec] N           73[deg]13[min]24.6[sec] W
44[deg]28[min]12.0[sec] N           73[deg]13[min]32.5[sec] W
 


and thence along the breakwater to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (2) No vessel greater than 35 feet in length may use this anchorage 
and no vessel may remain at anchor longer than 7 days in any period 
unless specifically permitted to do so by the City of Burlington, 
Harbormaster.
    (b) [Reserved]

[CGD1-90-064, 56 FR 12120, Mar. 22, 1991. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec. 110.138  Boston Harbor, Mass.

    (a) The anchorage grounds--(1) Bird Island Anchorage. Beginning at a 
point bearing 93[deg], 1,400 yards, from the aerial beacon on top of the 
Boston Custom House tower; thence to a point bearing 81[deg], 1,600 
yards, from the aerial beacon on top of the Boston Custom House tower; 
thence to a point bearing 102[deg], 3,100 yards, from the aerial beacon 
on top of the Boston Custom House tower; thence to a point bearing 
109[deg], 3,050 yards, from the aerial beacon on top of the Boston 
Custom House tower; and thence to the point of beginning.
    (2) President Roads Anchorage--(i) 40-foot anchorage. Beginning at a 
point bearing 237[deg], 522 yards from Deer Island Light; thence to a 
point bearing 254[deg], 2,280 yards from Deer Island Light; thence to a 
point bearing 261[deg], 2,290 yards from Deer Island Light; thence to a 
point bearing 278[deg], 2,438 yards from Deer Island Light; thence to a 
point bearing 319[deg], 933 yards from Deer Island Light; thence to a 
point bearing 319[deg], 666 yards from Deer Island Light; and thence to 
point of beginning.
    (ii) 35-foot anchorage. Beginning at a point bearing 256[deg], 2,603 
yards from Deer Island Light; thence to a point bearing 258[deg]30[min], 
3,315 yards from Deer Island Light; thence to a point bearing 264[deg], 
3,967 yards from Deer Island Light; thence to a point bearing 261[deg], 
2,290 yards from Deer Island Light; and thence to point of beginning.

[[Page 464]]

    (3) Long Island Anchorage. East of Long Island, bounded as follows: 
Beginning at the southwesternmost point of Gallups Island; thence 
270[deg] to Long Island; thence southerly along the eastern shore line 
of Long Island to Bass Point; thence to the northernmost point of 
Rainsford Island; thence to Georges Island Gong Buoy 6; and thence to 
the point of beginning.
    (4) Castle Island Anchorage. Bounded on the north by Castle Island 
and adjacent land; on the east by a line between Castle Rocks Fog Signal 
Light and Old Harbor Shoal Buoy 2; on the southeast by a line between 
Old Harbor Shoal Buoy 2 and Old Harbor Buoy 4; and on the west by a line 
running due north from Old Harbor Buoy 4 to the shore line at City 
Point.
    (5) Explosives anchorage. In the lower harbor, bounded on the 
northeast by a line between the northeast end of Peddocks Island and the 
northeast end of Rainsford Island; on the northwest by Rainsford Island; 
on the southwest by a line between the western extremity of Rainsford 
Island and the westernmost point of Peddocks Island; and on the 
southeast by Peddocks Island.
    (b) The regulations. (1) The Captain of the Port may authorize the 
use of the President Roads Anchorage as an explosives anchorage when he 
finds that the interests of commerce will be promoted and that safety 
will not be prejudiced thereby. Vessels anchored in this area shall move 
promptly upon notification by the Captain of the Port.
    (2) In the Long Island Anchorage vessels shall anchor in the 
position designated by the Captain of the Port.
    (3) Floats or buoys for marking anchors or moorings in place will be 
allowed in all areas. Fixed mooring piles or stakes are prohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec. 110.140  Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.

    (a) New Bedford Outer Harbor--(1) Anchorage A. West of Sconticut 
Neck, and shoreward of a line described as follows: Beginning at a point 
100 yards southwest of Fort Phoenix Point; thence 154[deg] along a line 
which passes 100 yards east of New Bedford Channel Buoys 8, 6, and 4, to 
a point bearing approximately 130[deg], 225 yards, from New Bedford 
Channel Buoy 4; thence 87[deg], 340 yards; thence 156[deg] along a line 
approximately one mile to its intersection with a line ranging 87[deg] 
from the cupola on Clarks Point; thence 87[deg] to Sconticut Neck.
    (2) Anchorage B. Southeast of a line ranging 222[deg] from the 
southwest corner of Fort Phoenix to the New Bedford shore; west of a 
line ranging 154[deg] from Palmer Island Light to Butler Flats Light; 
and north of a line bearing 267[deg] from Butler Flats Light to the 
shore.
    (b) Buzzards Bay near entrance to approach channel to Cape Cod 
Canal--(1) Anchorage C. West of a line parallel to and 850 feet westward 
from the centerline of Cleveland Ledge Channel; north of a line bearing 
129[deg] from the tower on Bird Island; east of a line bearing 
25[deg]30[min] and passing through Bird Island Reef Bell Buoy 13; and 
south of a line bearing 270[deg] from Wings Neck Light. Each vessel must 
obtain permission to proceed to Anchorage C from the U.S. Army Corps of 
Engineers Cape Cod Canal Control traffic controller.
    (2) Anchorage D. Beginning at a point bearing 185[deg], 1,200 yards, 
from Hog Island Channel 4 Light; thence 129[deg] to a point bearing 
209[deg], approximately 733 yards, from Wings Neck Light; thence 
209[deg] to Southwest Ledge Buoy 10; thence 199[deg] along a line to its 
intersection with a line bearing 129[deg] from the tower on Bird Island; 
thence 309[deg] to a point 850 feet easterly, right angle distance, from 
the centerline of Cleveland Ledge Channel; thence northeasterly along a 
line parallel to and 850 feet eastward from the centerline of Cleveland 
Ledge Channel to its intersection with a line bearing 218[deg] 30[min] 
from the point of beginning; thence 38[deg]30[min] to the point of 
beginning. Each vessel must obtain permission to proceed to Anchorage D 
from the U.S. Army Corps of Engineers Cape Cod Canal Control traffic 
controller.
    (3) Anchorage L. The area of water bounded by lines connecting the 
following points: 41[deg]30[min]11[sec] N, 070[deg]48[min]10[sec] W to 
41[deg]30[min]46[sec] N, 070[deg]48[min]45[sec] W, to 
41[deg]32[min]24[sec] N, 070[deg]45[min]50[sec] W to 
41[deg]31[min]48[sec] N, 070[deg]45[min]15[sec] W and thence to start.
    (4) Anchorage M--(west side). The waters bounded by a line 
connecting

[[Page 465]]

the following points: 41-35-35N/70-44-47W to 41-36-24N/70-45-53W to 41-
35-00N/70-47-53W to 41-34-12N/70-46-47W and thence to the beginning
    (5) Each vessel that anchors in these anchorages must notify the 
U.S. Army Corps of Engineers Cape Cod Canal Control traffic controller 
when it anchors, and provide the vessel's name, length, draft, cargo, 
and its position.
    (6) Each vessel anchored in these anchorages must notify U.S. Army 
Corps of Engineers Cape Cod Canal Control traffic controller when it 
weighs anchor.
    (7) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (8) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes; except with prior approval of the Coast 
Guard Captain of the Port Providence.
    (9) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Coast Guard Captain of the Port Providence.
    (10) No vessel may conduct lightering operations within these 
anchorages.
    (c) Vineyard and Nantucket Sounds--(1) Anchorage E. South of a line 
beginning at a point bearing 180[deg] about 3.25 miles from Cuttyhunk 
Light; thence 65[deg] to a point bearing 180[deg], 0.625 mile from 
Nashawena Lighted Whistle Buoy; thence 57[deg]30[min] passing 600 yards 
northerly of Middle Ground Lighted Bell Buoy 25A, to a point bearing 
145[deg], 1.25 miles from Nobska Point Light; southwest of a line 
ranging 113[deg] through West Chop Buoy 25 to East Chop Flats Bell Buoy 
23; and west of a line bearing 163[deg] between East Chop Flats Bell 
Buoy 23 and Lone Rock Buoy 1; and northerly of a line bearing 269[deg] 
between Lone Rock Buoy 1 and a point on the mainland at Oak Bluffs about 
0.30 mile southerly of Oak Bluffs Wharf.
    (2) Anchorage F. Southeast of the Elizabeth Islands, north of a line 
ranging 97[deg]30[min] from Cuttyhunk Light toward Nashawena Lighted 
Whistle Buoy to a point 0.375 mile from that buoy; northwest of a line 
bearing 57[deg]30[min] from the last-named point to a point opposite the 
entrance to Woods Hole; and southwest of a line from the shore of 
Nonamesset Island bearing 114[deg] and ranging through West Chop Light 
and East Chop Light.
    (3) Anchorage G. South of a line beginning at a point on the 
mainland at Oak Bluffs about 0.30 mile southerly of Oak Bluffs Wharf 
bearing 89[deg] to Lone Rock Buoy 1; thence 113[deg] from Lone Rock Buoy 
1 to Outer Flats Bell Buoy 17; thence 86[deg] to Cross Rip Lightship; 
thence 118[deg]30[min] to Tuckernuck Shoal Bell Buoy 7; thence ranging 
149[deg] toward Brant Point Light to the breakwater at Brant Point.
    (4) Anchorage H. In the vicinity of Squash Meadow shoal, east of a 
line ranging 163[deg] through Squash Meadow West End Buoy 21; north of 
lines parallel to and 0.5 mile northerly from lines joining Lone Rock 
Buoy 1, Outer Flats Bell Buoy 17, and Cross Rip Lightship; and south of 
a line ranging 97[deg] from East Chop Light toward Cross Rip Lightship.
    (5) Anchorage I. Northerly of a line ranging 109[deg] from Nobska 
Point Light toward Hedge Fence Lighted Horn and Gong Buoy 16, and of a 
line ranging 97[deg]30[min] through Hedge Fence East End Buoy to 
Halfmoon Shoal Lighted Bell Buoy 12, thence 73[deg] to Handkerchief 
Shoal Buoy 16, and thence to the westernmost point of Monomoy Island.
    (6) Anchorage J. East of a line bearing 329[deg], parallel to and 
0.875 mile northeasterly of a line running from Brant Point Light 
through Tuckernuck Shoal Bell Buoy 7, from Coatue Beach to a point 1.25 
miles southeasterly from a line between Halfmoon Shoal Lighted Bell Buoy 
12 and Handkerchief Shoal Buoy 16; thence 73[deg], parallel to and 1.25 
miles southeasterly from a line running from Halfmoon Shoal Lighted Bell 
Buoy 12 through Handkerchief Shoal Buoy 16, to a point bearing 215[deg] 
from Stone Horse North End Lighted Bell Buoy 9; thence 35[deg] to Stone 
Horse North End Lighted Bell Buoy 9; thence 70[deg] to a point bearing 
207[deg] from Pollock Rip Lightship; and thence 27[deg] through, and to 
a point 5.0 miles northeasterly from, Pollock Rip Lightship.
    (7) Anchorage K. North of a line tangent to the southeasterly edge 
of Monomoy Point and extending to Bearse Shoal North End Buoy 2A and 
west of a line bearing 7[deg] from Bearse

[[Page 466]]

Shoal North End Buoy 2A to Chatham Bar Buoy 2.
    (d) The regulations. (1) Floats or buoys for marking anchors or 
moorings in place will be allowed in all areas. Fixed mooring piles or 
stakes are prohibited.
    (2) Except in cases of great emergency, no vessels shall be anchored 
in New Bedford Outer Harbor, Buzzards Bay near the entrance to the 
approach channel to Cape Cod Canal, or Vineyard and Nantucket Sounds, 
outside of the anchorage areas defined in paragraphs (a) to (c) of this 
section.
    (3) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
will at any time extend outside the boundaries of the anchorage area.
    (4) Any vessel anchoring under the circumstances of great emergency 
outside any anchorage area must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases 
or upon notification by an officer of the Coast Guard.
    (5) A vessel upon being notified to move into the anchorage limits 
or to shift its position in anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (6) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (7) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating the law.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1 90-125, 56 
FR 22644, May 16, 1991; 56 FR 40360, Aug. 14, 1991; CGD01-04-004, 70 FR 
2355, Jan. 13, 2005]



Sec. 110.142  Nantucket Harbor, Mass.

    (a) The anchorage grounds. In the Nantucket Harbor, beginning at a 
point 210 yards, 90[deg], from Brant Point Light; thence easterly to 
latitude 41[deg]17[min]23[sec], longitude 70[deg]05[min]14.5[sec]; 
thence southerly to latitude 41[deg]17[min]03[sec], longitude 
70[deg]05[min]14.5[sec]; thence southwesterly to latitude 
41[deg]16[min]54[sec], longitude 70[deg]05[min]23[sec]; thence 
northwesterly to latitude 41[deg]16[min]55[sec], longitude 
70[deg]05[min]31[sec]; thence northeasterly to latitude 
41[deg]17[min]07.5[sec], longitude 70[deg]05[min]27[sec]; thence 
northeasterly to the point of beginning.
    (b) The regulations. The anchorage is for the use of commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed. Fixed mooring piles or stakes are 
prohibited. The anchoring of vessels including the placing of anchors 
and moorings is subject to the supervision and approval of the local 
harbor master.



Sec. 110.145  Narragansett Bay, R.I.

    (a) East Passage--(1) Anchorage A. East of Conanicut Island, 
beginning at the easterly extremity of the Dumplings; extending 9[deg] 
to a point at latitude 41[deg]29[min]28[sec], longitude 
71[deg]21[min]05.5[sec]; thence 356[deg] for 5,350 feet; thence 24[deg] 
for 5,700 feet; thence 12[deg] for 1,100 feet; thence 311[deg]30[min] 
for 2,300 feet; thence 351[deg] for 5,350 feet; thence 270[deg] for 
3,200 feet to the easterly side of Conanicut Island; thence generally 
along the easterly side of the island to a point on the easterly side of 
the island due west of the Dumplings; and thence due east to the point 
of beginning; excluding the approach of the Jamestown Ferry, a zone 900 
feet wide to the southward of a line ranging 103[deg] from a point, 300 
feet north of the existing ferry landing toward the spire of Trinity 
Church, Newport.
    (i) That portion of the area to the northward of the approach of the 
Jamestown Ferry shall be restricted for the anchorage of vessels of the 
U.S.

[[Page 467]]

Navy. In that portion of the area to the southward of the approach of 
the Jamestown Ferry, the requirements of the Navy shall predominate.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place shall be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage B. Off the west shore of Aquidneck Island to north of 
Coggeshall Point, northerly of a line ranging 075[deg] from a point on 
the easterly end of Gould Island, latitude 41[deg]32[min]13[sec], 
longitude 71[deg]20[min]40.5[sec], toward the shore of Aquidneck Island; 
east of a line ranging 019[deg] from the easternmost of the Dumplings to 
latitude 41[deg]36[min]16[sec], longitude 71[deg]17[min]48[sec]; thence 
northeast to latitude 41[deg]36[min]53[sec], longitude 
71[deg]17[min]07.5[sec]; thence east to latitude 41[deg]36[min]53[sec], 
longitude 71[deg]16[min]40[sec]; thence southwesterly to latitude 
41[deg]35[min]54[sec], longitude 71[deg]17[min]17.5[sec]; thence 
southeasterly to the shore at the easterly end of the north boundary of 
the cable area in the vicinity of Coggeshall Point; excluding the cable 
area in the vicinity of Coggeshall Point.
    (i) Anchorage B-1. Off the southerly end of Prudence Island 
beginning at a point at latitude 41[deg]34[min]08.9[sec], longitude 
71[deg]19[min]25.8[sec]; thence 19[deg] for 1,900 feet; thence 289[deg] 
for 1,900 feet; thence 199[deg] for 1,900 feet; thence 109[deg] for 
1,900 feet to the point of beginning.
    (a) In this area the requirements of the Navy shall predominate.
    (b) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (ii) Anchorage X-1, Naval explosives and ammunition handling 
anchorage. The waters of Narragansett Bay northeasterly of Gould Island 
within a circle having a radius of 500 yards with its center at latitude 
41[deg]33[min]18[sec], longitude 71[deg]20[min]03[sec].
    (a) This area will be used for anchoring naval vessels carrying or 
transferring ammunition or explosives under standard military 
restrictions as established by the Safety Manual, Armed Services 
Explosive Board. Explosives or dangerous materials include inflammable 
liquid or inflammable solids, oxidizing materials, corrosive liquids, 
compressed gases and poisonous substances.
    (b) No vessel shall anchor within 500 yards of the explosive 
anchorage area when occupied by vessels carrying explosives.
    (c) No more than 2,000 tons Net High Explosives limit will be 
handled in the anchorage area.
    (d) No vessel shall be so anchored in the anchorage that it will at 
any time extend beyond the limits of the area.
    (e) Naval vessels anchoring in the area will display the proper 
signals, and will be under the supervision of the Commander, U.S. Naval 
Base, Newport, Rhode Island.
    (3) Anchorage C.
    (i) [Reserved]
    (ii) West of Coasters Harbor Island, west of a line bearing 351[deg] 
from Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoy northeast of 
Gull Rocks; south of a line bearing 292[deg] from the cupola at the 
Naval War College; east of a line ranging 19[deg] from the easternmost 
of The Dumplings toward Dyer Island North Point Shoal Lighted Bell Buoy 
12A; and north of latitude 41[deg]30[min]22[sec] which parallel passes 
through a point 230 yards north of Rose Island Shoal Northeast End Buoy 
8.
    (iii) In this area the requirements of the Navy shall predominate.
    (iv) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage D. West of Goat Island, south of a line bearing 
247[deg] from Newport Harbor Light; east of a line bearing 
176[deg]30[min] from the northwesterly end of Rose Island; north of a 
line bearing 117[deg] from the northerly end of the ferry slip at 
Jamestown to longitude 71[deg]20[min] and west of a line running north 
and south along longitude 71[deg]20[min].
    (i) In this area the requirements of the Navy shall predominate from 
May 1 to October 1, subject at all times to such adjustments as may be 
necessary to accommodate all classes of vessels which may require 
anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.

[[Page 468]]

    (5) Anchorage E. South of Coasters Harbor Island, east of a line 
bearing 341[deg] from the outer end of Briggs Wharf to the southwestern 
shore of Coasters Harbor Island near the War College Building; and north 
of a line ranging 265[deg] from the flagstaff at Fort Greene toward Rose 
Island Light.
    (i) In this area the requirements of the naval service will 
predominate from May 1 to October 1, but will at all times be subject to 
such adjustment as may be necessary to accommodate all classes of 
vessels that may require anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (b) West Passage--(1) Anchorage H. North of a line 1,000 yards long 
bearing 88[deg] from Bonnet Point; west of a line bearing 3[deg] from 
the eastern end of the last-described line; and south of a line ranging 
302[deg] through a point 200 yards south of the Kearny wharf toward the 
church spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage I. North of a line 1,000 yards long bearing 88[deg] 
from Bonnet Point to the shore at Austin Hollow; east of a line bearing 
183[deg] from Dutch Island Light; and south of a line ranging 302[deg] 
through a point 200 yards south of the Kearny wharf toward the church 
spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (3) Anchorage J. At Saunderstown, south of a line ranging 110[deg] 
from the south side of the ferry wharf toward the cable crossing sign on 
Dutch Island; west of a line ranging 192[deg] from Plum Beach Shoal Buoy 
1 PB toward the east shore of The Bonnet; and north of a line from the 
shore ranging 108[deg] toward Dutch Island Light and the north end of 
the wharf at Beaver Head.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage K. In the central and southern portion of Dutch Island 
Harbor, north of a line ranging 106[deg] from Beaver Head Point Shoal 
Buoy 2 toward the Jamestown standpipe; east of a line ranging 14[deg] 
from Beaver Head Point Shoal Buoy 2 toward the inshore end of the 
engineer wharf, Dutch Island; southeast of a line ranging 50[deg] from 
Dutch Island Light toward the windmill north of Jamestown; and south of 
a line parallel to and 100 yards southwesterly from a line ranging 
132[deg] from the engineer wharf, Dutch Island, and the west ferry 
wharf, Jamestown.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (5) Anchorage L. North of a line ranging 101[deg] from a point on 
shore 300 yards northerly of the Saunderstown ferry wharf toward the 
entrance to Round Swamp, Conanicut Island; west of a line bearing 
15[deg] parallel to and 1,000 feet westerly from a line joining the 
western point of Dutch Island and Twenty-three Foot Rock Buoy 4, and a 
line ranging 6[deg] from Dutch Island Light toward Warwick Light; and 
south of a line ranging 290[deg] from Sand Point, Conanicut Island, to 
Wickford Harbor Light, and a line bearing 226[deg] from Wickford Harbor 
Light to Poplar Point tower.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (6) Anchorage M. East and north of Dutch Island, northeast of a line 
ranging 316[deg] from the inshore end of the west ferry wharf, 
Jamestown, toward the north end of Dutch Island to a point bearing 
88[deg], 200 yards, from the engineer wharf, Dutch Island, thence 
ranging 3[deg] toward the shore of Conanicut Island at Slocum Ledge; 
north of a line 200 yards off the Dutch Island shore ranging 281[deg] 
from the entrance to Round Swamp toward a point on shore 300 yards 
northerly from the Saunderstown ferry wharf; east of a line ranging 
15[deg] from the western point

[[Page 469]]

of Dutch Island to Twenty-three Foot Rock Buoy 4; and south of a line 
bearing 77[deg] from Twenty-three Foot Rock Buoy 4 to the shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (7) Anchorage N. West of the north end of Conanicut Island, south of 
a line bearing 262[deg] from Conanicut Island Light; east of a line 
bearing 8[deg] from Twenty-three Foot Rock Buoy 4; and north of a line 
ranging 290[deg] from Sand Point toward Wickford Harbor Light.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (c) Bristol Harbor--(1) Anchorage O. South of the south line of 
Franklin Street extended westerly; west of a line bearing 
164[deg]30[min] parallel to and 400 feet westerly from the State harbor 
line between Franklin and Constitution Streets, and of a line ranging 
244[deg] from a point on the north line of Constitution Street extended 
400 feet beyond the State harbor line toward Usher Rock Buoy 3; and 
north of the north line of Union Street extended to the Popasquash Neck 
shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (d) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the entrances to Narragansett Bay, in 
Newport Harbor, or in Bristol Harbor, outside of the anchorage areas 
defined in paragraphs (a), (b) and (c) of this section.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area.
    (3) Any vessel anchoring under the circumstances of great emergency 
outside the anchorage areas must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier, nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases, 
or upon notification by an officer of the Coast Guard.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating the law.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]


    Editorial Note: For Federal Register citations affecting Sec. 
110.145, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 110.147  New London Harbor, Conn.

    (a) The anchorage grounds--(1) Anchorage A. In the Thames River east 
of Shaw Cove, bounded by lines connecting points which are the following 
bearings and distances from Monument, Groton (latitude 
41[deg]21[min]18[sec] N., longitude 72[deg]04[min]48[sec] W.): 243[deg], 
1,400 yards; 246[deg], 925 yards; 217[deg], 1,380 yards; and 235[deg], 
1,450 yards.
    (2) Anchorage B. In the Thames River southward of New London, 
bounded by lines connecting points which are the following bearings and 
distances from New London Harbor Light (latitude 41[deg]18[min]59[sec] 
N., longitude 72[deg]05[min]25[sec] W.): 002[deg], 2,460 yards; 
009[deg], 2,480 yards; 026[deg], 1,175 yards; and 008[deg], 1,075 yards.
    (3) Anchorage C. In the Thames River southward of New London Harbor, 
bounded by lines connecting a point

[[Page 470]]

bearing 100[deg], 450 yards from New London Harbor Light, a point 
bearing 270[deg], 575 yards from New London Ledge Light (latitude 
41[deg]18[min]21[sec] N., longitude 72[deg]04[min]41[sec] W.), and a 
point bearing 270[deg], 1,450 yards from New London Ledge Light.
    (4) Anchorage D. In Long Island Sound approximately two miles west-
southwest of New London Ledge Light, bounded by lines connecting points 
which are the following bearings and distances from New London Ledge 
Light: 246[deg], 2.6 miles; 247[deg], 2.1 miles; 233[deg], 2.1 miles; 
and 235[deg], 2.6 miles.
    (5) Anchorage E. The waters at the mouth of New London Harbor one 
mile southeast of New London Ledge Light beginning at latitude 
41[deg]17[min]26[sec] N., longitude 72[deg]04[min]21[sec] W.; thence 
northeasterly to latitude 41[deg]17[min]38[sec] N., longitude 
72[deg]03[min]54[sec] W.; thence southeasterly to latitude 
41[deg]16[min]50[sec] N., longitude 72[deg]03[min]16[sec] W.; and thence 
southwesterly to latitude 41[deg]16[min]38[sec] N. longitude 
72[deg]03[min]43[sec] W.; and thence northwesterly to the point of 
beginning.
    (6) Anchorage F. The waters off the mouth of New London Harbor two 
miles southeast of New London Ledge Light beginning at latitude 
41[deg]16[min]00[sec] N., longitude 72[deg]03[min]13[sec] W.; thence 
westerly to latitude 41[deg]16[min]00[sec] N., longitude 
72[deg]03[min]38[sec] W.; thence northerly to latitude 
41[deg]16[min]35[sec] N., longitude 72[deg]03[min]38[sec] W.; thence 
easterly to latitude 41[deg]16[min]35[sec] N., longitude 
72[deg]03[min]13[sec] W.; and thence southerly to the point of 
beginning.
    (b) The regulations--(1) Anchorage A is for barges and small vessels 
drawing less than 12 feet.
    (2) Anchorage F is reserved for the use of naval vessels and, except 
in cases of emergency, no other vessel may anchor in Anchorage F without 
permission from the Captain of the Port, New London, CT.
    (3) Except in emergencies, vessels shall not anchor in New London 
Harbor or the approaches thereto outside the anchorages defined in 
paragraph (a) of this section unless authorized to do so by the Captain 
of the Port.


[CGD3-80-4A, 46 FR 48193, Oct. 1, 1981, as amended by CGD3 85-56, 51 FR 
32318, Sept. 11, 1986]



Sec. 110.148  Johnsons River at Bridgeport, Conn.

    (a) The anchorage grounds. In Johnsons River, beginning at a point 
``A'' latitude 41[deg]10[min]12.3[sec], longitude 
73[deg]09[min]50.2[sec]; thence westerly to a point ``B'' latitude 
41[deg]10[min]12.3[sec], longitude 73[deg]09[min]52.1[sec]; thence 
southwesterly to point ``C'' latitude 41[deg]10[min]10[sec], longitude 
73[deg]09[min]54.9[sec]; thence south southwesterly to point ``D'' 
latitude 41[deg]10[min]05[sec], longitude 73[deg]09[min]56.1[sec]; 
thence southeasterly to point ``E'' latitude 41[deg]10[min]04[sec], 
longitude 73[deg]09[min]55.9[sec]; thence northeasterly to point ``F'' 
latitude 41[deg]10[min]05[sec], longitude 73[deg]09[min]54.5[sec]; 
thence northerly to point ``G'' latitude 41[deg]10[min]05.8[sec], 
longitude 73[deg]09[min]54.5[sec]; thence northeasterly to the point of 
beginning.
    (b) The regulations. The anchorage is for use by commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings will be allowed. The anchoring of vessels and placing of 
temporary anchors or mooring piles are under the jurisdiction of the 
local harbor master. Fixed mooring piles or stakes will not be allowed.



Sec. 110.150  Block Island Sound, N.Y.

    (a) The anchorage ground. A \3/4\- by 2-mile rectangular area 
approximately 3 miles east-northeast of Gardiners Island with the 
following coordinates: latitude 41[deg]06[min]12[sec] N., longitude 
72[deg]00[min]05[sec] W., latitude 41[deg]07[min]40[sec] N., longitude 
72[deg]01[min]54[sec] W.; latitude 41[deg]08[min]12[sec] N., longitude 
72[deg]01[min]10[sec] W.; latitude 41[deg]06[min]46[sec] N., longitude 
71[deg]59[min]18[sec] W.
    (b) The regulations. This anchorage ground is for use of U.S. Navy 
submarines. No vessel or person may approach or remain within 500 yards 
of a U.S. Navy submarine anchored in this anchorage ground.


[CGFR 70-114A, 36 FR 5604, Mar. 25, 1971]



Sec. 110.155  Port of New York.

    (a) Long Island Sound--(1) Anchorage No. 1. Southwest of a line 
between Neptune Island and Glen Island ranging from Aunt Phebe Rock 
Light and tangent to the north edge of Glen Island; southwest of a line 
tangent to the northeast edge of Glen Island and Goose Island 
breakwater; southwest of a line bearing southeasterly from the

[[Page 471]]

southwest end of Goose Island breakwater and on range with the south 
gable of the Casino on the northeast end of Glen Island; west of a line 
ranging from the east edge of Goose Island breakwater to the west edge 
of the north end of Hart Island; west of Hart Island; and northwest of a 
line extending from Hart Island Light to Locust Point; excluding from 
this area, however, (i) the waters northeast of a line ranging 303[deg] 
from the southwest end of Hart Island; northwest of a line ranging from 
the water tank at the north end of Davids Island 207[deg]40[min] to the 
northwest end of City Island; and south of latitude 
40[deg]52[min]12[sec]; and (ii) the waters west of Hunter Island; and 
south of a line ranging from the most southerly end of Glen Island 
tangent to the most northerly end of Hunter Island.
    (i) Boats shall not anchor in this area in buoyed channels.
    (ii) Boats shall be so anchored as to leave at all times an open, 
usable channel, at least 50 feet wide, west and south of Glen Island.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (2) Anchorage No. 1-A. Southwest of a line ranging from Duck Point, 
Echo Bay, through Bailey Rock Lighted Buoy 3 BR; northwest of a line 
ranging from Hicks Ledge Buoy 2H to Old Tom Head Rocks Buoy 4; and north 
of a line ranging from Old Tom Head Rocks Buoy 4 to the southernmost 
point of Davenport Neck.

    Note: The special anchorage area in this anchorage is described in 
Sec. 110.60(b-1).

    (3) Anchorage No. 1-B. West of a line ranging from the point on the 
southwest side of the entrance to Horseshoe Harbor, Larchmont, to Hicks 
Ledge Buoy 2H; north of a line ranging from Hicks Ledge Buoy 2H to Duck 
Point; and in Echo Bay north and west of the channel.

    Note: The special anchorage area in this anchorage is described in 
Sec. 110.60(b-1).

    (4) Anchorage No. 2. West of a line from Locust Point tangent to the 
northeasterly sea wall at Throgs Neck.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (5) Anchorage No. 3. Northeast of a line from the south side of 
Barker Point to Gangway Rock Bell Buoy 27; southeast of a line from 
Gangway Rock Bell Buoy 27 to Sands Point Reef Lighted Buoy 25; and 
southwest of a line from Sands Point Reef Lighted Buoy 25 through Sands 
Point Light to Sands Point.
    (6) Anchorage No. 4. Manhassett Bay, excluding the seaplane 
restricted area described in Sec. 207.35; and that portion of Long 
Island Sound northeast of a line ranging from Stepping Stones Light 
through Elm Point Buoy 2 to Elm Point; southeast of a line ranging from 
Stepping Stones Light to Gangway Rock Bell Buoy 27; and southwest of 
Anchorage No. 3.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (7) Anchorage No. 5. In Little Neck Bay; and east of a line ranging 
from Fort Totten flagpole to Hart Island Light; and south of Anchorage 
No. 4.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (b) East River--(1) Anchorage No. 6. On Hammond Flats north of a 
line bearing 260[deg] from the head of the pier on Throgs Neck at the 
foot of Pennyfield Avenue to the north tower of Bronx-Whitestone Bridge 
at Old Ferry Point.
    (2) Anchorage No. 7. South of a line from Whitestone Point to the 
outer end of Willets Point Wharf.
    (3) Anchorage No. 8. North of a line bearing 259[deg] between the 
north tower of the Bronx-Whitestone Bridge at Old Ferry Point and a 
point at latitude 40[deg]47[min]57[sec], longitude 
73[deg]52[min]16[sec]; thence east of a line bearing 0[deg] to latitude 
40[deg]48[min]06[sec]; thence southeast of a line parallel to the 
bulkhead extending northeasterly to latitude 40[deg]48[min]20[sec]; 
thence north of a line bearing 296[deg] to shore.
    (4) Anchorage No. 9. East of a line from College Point Reef Light 
tangent to the west side of College Point; and south of a line from 
College Point Reef Light to Whitestone Point.
    (5) Anchorage No. 10. An area in Flushing Bay, beginning at a point 
on shore at La Guardia Airport at latitude 40[deg]46[min]49[sec], 
longitude 73[deg]52[min]21[sec]; thence to latitude 
40[deg]47[min]20[sec], longitude 73[deg]51[min]55[sec];

[[Page 472]]

and thence to a point on shore at College Point at latitude 
40[deg]47[min]38[sec], longitude 73[deg]51[min]15[sec]; and an area on 
the west side of Bowery Bay, beginning at a point on shore at latitude 
40[deg]46[min]58[sec], longitude 73[deg]53[min]46[sec]; thence to 
latitude 40[deg]47[min]03[sec], longitude 73[deg]53[min]39[sec]; thence 
to latitude 40[deg]47[min]00[sec], longitude 73[deg]53[min]31[sec]; 
thence to latitude 40[deg]46[min]55[sec], longitude 
73[deg]53[min]32[sec]; and thence to a point on shore at latitude 
40[deg]46[min]49[sec], longitude 73[deg]53[min]39[sec].

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (6) Anchorage No. 11. An area in East River beginning at a point on 
a pierhead at latitude 40[deg]47[min]55[sec], longitude 
73[deg]53[min]19.5[sec]; thence to latitude 40[deg]47[min]40[sec], 
longitude 73[deg]51[min]58[sec]; and thence to a point on shore at 
latitude 40[deg]47[min]16[sec], longitude 73[deg]52[min]15[sec].
    (7) [Reserved]
    (8) Anchorage No. 14. In Hallets Cove, east of a line from a point 
on shore 100 feet west of the southerly prolongation of 2d Street, 
Astoria, to Gibbs Point.
    (c) Hudson River--(1) Anchorage No. 16. North of a line on a range 
with the north side of the north pier of the Union Dry Dock and Repair 
Company Shipyard, Edgewater, New Jersey; west of a line ranging 25[deg] 
from a point 120 yards east of the east end of said pier to a point (500 
yards from the shore and 915 yards from the Fort Lee flagpole) on a line 
ranging approximately 100[deg]22[min] from the Fort Lee flagpole toward 
the square chimney on the Medical Center Building at 168th Street, 
Manhattan; and south of said line ranging between the Fort Lee flagpole 
and the square chimney on the Medical Center Building.
    (i) When the use of Anchorage No. 16 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (2) Anchorage No. 17. North of a line bearing 66[deg] from shore to 
a point at latitude 40[deg]51[min]34[sec], longitude 
73[deg]56[min]54[sec]; thence west of a line bearing 29[deg] to latitude 
40[deg]52[min]27[sec], longitude 73[deg]56[min]16[sec]; thence 20[deg] 
to latitude 40[deg]54[min]17[sec], longitude 73[deg]55[min]23[sec]; 
thence 15[deg] to latitude 40[deg]56[min]20[sec], longitude 
73[deg]54[min]39[sec]; thence south of a line bearing 284[deg] to shore.
    (i) When the use of Anchorage No. 17 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (3) Anchorage No. 18-A. East of lines bearing 8[deg] from the 
northwest corner of the crib icebreaker north of the New York Central 
Railroad Company drawbridge across Spuyten Duyvil Creek (Harlem River) 
to a point 250 yards offshore and on line with the New York Central 
Railroad signal bridge at the foot of West 231st Street, extended, at 
Spuyten Duyvil, Bronx, New York; thence bearing 19[deg] to the 
channelward face of the Mount St. Vincent Dock at the foot of West 261st 
Street, Riverdale, Bronx, New York.
    (i) When the use of Anchorage No. 18-A is required by naval vessels 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (4) [Reserved]
    (5) Anchorage No. 19. An area located east of the Weehawken-
Edgewater Channel beginning at a point on the Manhattan shoreline at 
latitude 40[deg]46[min]47.8[sec] N., longitude 73[deg]59[min]22.3[sec] 
W.; thence to latitude 40[deg]46[min]59.8[sec] N., longitude 
73[deg]59[min]52.8[sec] W.; thence to latitude 40[deg]47[min]42.5[sec] 
N., longitude 73[deg]59[min]18[sec] W.; thence to latitude 
40[deg]48[min]27[sec] N., longitude 73[deg]58[min]45.5[sec] W.; thence 
to latitude 40[deg]49[min]28[sec] N., longitude 73[deg]58[min]06.2[sec] 
W.; thence to latitude 40[deg]50[min]15.5[sec] N., longitude 
73[deg]57[min]18[sec] W.; thence to latitude 40[deg]51[min]02.3[sec] N., 
longitude 73[deg]56[min]59[sec] W.; thence to a point on the Manhattan 
shoreline at latitude 40[deg]51[min]00.8[sec] N., longitude 
73[deg]56[min]51[sec] W.; thence following the shoreline to the point of 
beginning.
    (i) No vessel may anchor in Anchorage No. 19 without permission from 
the Captain of the Port.
    (ii) Each vessel shall report its position within Anchorage No. 19 
to the Captain of the Port immediately after anchoring.
    (iii) No vessel may conduct lightering operations in Anchorage No. 
19 without permission from the Captain of the Port.
    (iv) When the use of Anchorage No. 19 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (v) No vessel over 800 feet, in length overall, or 40 feet in draft 
may anchor in Anchorage No. 19 unless it notifies the Captain of the 
Port at least 48

[[Page 473]]

hours before it arrives in New York Harbor.
    (vi) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (6) Anchorage No. 19-A. An area located west of Hyde Park enclosed 
by the coordinates starting at 41[deg]48[min]35[sec] N 
073[deg]57[min]00[sec] W; to 41[deg]48[min]35[sec] N 
073[deg]56[min]44[sec] W; to 41[deg]47[min]32[sec] N 
073[deg]56[min]50[sec] W; to 41[deg]47[min]32[sec] N 
073[deg]57[min]10[sec] W; thence back to 41[deg]48[min]35[sec] N 
073[deg]57[min]00[sec] W (NAD 1983).
    (i) No vessel may anchor in Anchorage 19-A from December 16 to the 
last day of February without permission from the Captain of the Port, 
New York.
    (ii) No vessel less than 20 meters in length may anchor in Anchorage 
19-A without prior approval of the Captain of the Port, New York.
    (d) Upper Bay--(1) Anchorage No. 20-A. That area enclosed by 
coordinates starting at 40[deg]42[min]02.5[sec] N., 
74[deg]02[min]25.5[sec] W.; to 40[deg]42[min]06.5[sec] N., 
74[deg]02[min]19.5[sec] W.; to 40[deg]42[min]05.0[sec] N., 
74[deg]01[min]58.4[sec] W.; to 40[deg]41[min]54.5[sec] N., 
74[deg]01[min]59.2[sec] W.; thence to 40[deg]41[min]53.0[sec] N., 
74[deg]02[min]23.0[sec] W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (2) Anchorage No. 20-B. That area enclosed by coordinates starting 
at 40[deg]41[min]47.0[sec] N., 74[deg]02[min]31.5[sec] W.; to 
40[deg]41[min]42.0[sec] N., 74[deg]01[min]02.0[sec] W.; to 
40[deg]41[min]35.3[sec] N., 74[deg]02[min]04.2[sec] W., to 
40[deg]41[min]29.9[sec] N., 74[deg]02[min]07.8[sec] W.; to 
40[deg]41[min]42.6[sec] N., 74[deg]02[min]32.7[sec] W.; thence back to 
40[deg]41[min]47.0[sec] N., 74[deg]02[min]31.5[sec] W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (3) Anchorage No. 20-C. That area enclosed by coordinates starting 
at 40[deg]41[min]42.0[sec] N., 74[deg]02[min]43.0[sec] W.; to 
40[deg]41[min]25.4[sec] N., 74[deg]02[min]10.7[sec] W.; to 
40[deg]41[min]01.7[sec] N., 74[deg]02[min]26.2[sec] W.; to 
40[deg]41[min]09.0[sec] N., 74[deg]02[min]41.5[sec] W.; to 
40[deg]41[min]20.0[sec] N., 74[deg]02[min]59.2[sec] W.; thence back to 
40[deg]41[min]42.0[sec] N., 74[deg]02[min]43.0[sec] W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (4) Anchorage No. 20-D. That area enclosed by coordinates starting 
at 40[deg]41[min]09.5[sec] N., 74[deg]02[min]49.5[sec] W.; to 
40[deg]40[min]59.2[sec] N., 74[deg]02[min]27.9[sec] W.; to 
40[deg]40[min]44.5[sec] N., 74[deg]02[min]37.5[sec] W.; to 
40[deg]40[min]42.7[sec] N., 74[deg]03[min]07.6[sec] W.; thence back to 
40[deg]41[min]09.5[sec] N., 74[deg]02[min]49.5[sec] W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (5) Anchorage No. 20-E. That area enclosed by coordinates starting 
at 40[deg]40[min]38.2[sec] N., 74[deg]02[min]59.6[sec] W.; to 
40[deg]40[min]39.4[sec] N., 74[deg]02[min]40.9[sec] W.; to 
40[deg]40[min]09.2[sec] N., 74[deg]03[min]00.7[sec] W.; to 
40[deg]40[min]24.4[sec] N., 74[deg]03[min]24.6[sec] W.; thence back to 
40[deg]40[min]38.2[sec] N., 74[deg]02[min]59.6[sec] W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (6) No vessel may occupy this anchorage for a period of time in 
excess of 72 hours without the prior approval of the Captain of the 
Port.
    (7) Anchorage No. 20-F. That area enclosed by coordinates starting 
at 40[deg]40[min]12.1[sec] N., 74[deg]03[min]41.6[sec] W.; to 
40[deg]39[min]53.7[sec] N., 74[deg]03[min]10.8[sec] W.; to 
40[deg]39[min]34.7[sec] N., 74[deg]03[min]23.3[sec] W.; to 
40[deg]39[min]49.9[sec] N., 74[deg]03[min]57.8[sec] W.; thence back to 
40[deg]40[min]12.1[sec] N., 74[deg]03[min]41.6[sec] W.
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (8) Anchorage No. 20-G. That area enclosed by coordinates starting 
at 40[deg]39[min]30.1[sec] N., 74[deg]04[min]08.0[sec] W.; to 
40[deg]39[min]32.0[sec] N., 74[deg]03[min]53.5[sec] W.; to 
40[deg]39[min]27.5[sec] N., 74[deg]03[min]42.5[sec] W.; to 
40[deg]39[min]13.0[sec] N., 74[deg]03[min]51.0[sec] W.; to 
40[deg]39[min]09.5[sec] N., 74[deg]04[min]23.1[sec] W.; thence back to 
40[deg]39[min]30.1[sec] N., 74[deg]04[min]08.0[sec] W.
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (9) This anchorage is designated a naval anchorage. The Captain of 
the Port may permit commercial vessels to anchor temporarily in this 
anchorage, ordinarily not more than 24 hours, when the anchorage will 
not be needed for naval vessels. Upon notification of an anticipated 
naval arrival, any commercial vessel so anchored must relocate at its 
own expense.
    (10) Anchorage No. 21-A. That area enclosed by coordinates starting 
at 40[deg]40[min]22.5[sec] N., 74[deg]01[min]35.2[sec] W.; to 
40[deg]40[min]20.5[sec] N., 74[deg]01[min]27.7[sec] W.; to 
40[deg]39[min]48.9[sec] N., 74[deg]01[min]22.4[sec] W.; to 
40[deg]38[min]54.7[sec] N., 74[deg]02[min]18.9[sec] W.; to 
40[deg]39[min]03.0[sec] N., 74[deg]02[min]26.3[sec] W.; thence back to 
40[deg]40[min]22.5[sec] N., 74[deg]01[min]35.2[sec] W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (11) Anchorage No. 21-B. That area enclosed by coordinates starting 
at

[[Page 474]]

40[deg]40[min]23.8[sec] N., 74[deg]02[min]10.9[sec] W.; to 
40[deg]40[min]26.2[sec] N., 74[deg]01[min]49.5[sec] W.; to 
40[deg]40[min]22.5[sec] N., 74[deg]01[min]35.2[sec] W.; to 
40[deg]39[min]03.0[sec] N., 74[deg]02[min]26.3[sec] W.; to 
40[deg]38[min]54.7[sec] N., 74[deg]02[min]18.9[sec] W.; to 
40[deg]38[min]43.7[sec] N., 74[deg]02[min]30.3[sec] W.; to 
40[deg]39[min]19.3[sec] N., 74[deg]03[min]03.3[sec] W.; to 
40[deg]39[min]22.3[sec] N., 74[deg]03[min]02.4[sec] W.; to 
40[deg]40[min]18.6[sec] N., 74[deg]02[min]25.5[sec] W.; thence back to 
40[deg]40[min]23.8[sec] N., 74[deg]02[min]10.9[sec] W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 10 feet (3.048 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (12) Anchorage No. 21-C. That area enclosed by coordinates starting 
at 40[deg]39[min]19.3[sec] N., 74[deg]03[min]03.3[sec] W.; to 
40[deg]38[min]43.7[sec] N., 74[deg]02[min]30.3[sec] W.; to 
40[deg]38[min]41.6[sec] N., 74[deg]02[min]32.5[sec] W.; to 
40[deg]38[min]03.0[sec] N., 74[deg]02[min]48.7[sec] W.; to 
40[deg]38[min]03.0[sec] N., 74[deg]03[min]03.5[sec] W.; to 
40[deg]38[min]38.4[sec] N., 74[deg]03[min]15.5[sec] W.; thence back to 
40[deg]39[min]19.3[sec] N., 74[deg]03[min]03.3[sec] W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 33 feet (10.0584 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (13) Anchorage No. 23-A. That area enclosed by coordinates starting 
at 40[deg]38[min]36.5[sec] N., 74[deg]04[min]13.5[sec] W.; to 
40[deg]38[min]37.0[sec] N., 74[deg]03[min]49.0[sec] W.; to 
40[deg]38[min]23.4[sec] N., 74[deg]03[min]37.2[sec] W.; to 
40[deg]37[min]49.5[sec] N., 74[deg]03[min]25.7[sec] W.; to 
40[deg]37[min]49.8[sec] N., 74[deg]03[min]50.1[sec] W.; to 
40[deg]37[min]50.0[sec] N., 74[deg]03[min]50.2[sec] W.; to 
40[deg]37[min]53.0[sec] N., 74[deg]04[min]07.0[sec] W.; thence back to 
40[deg]38[min]36.5[sec] N., 74[deg]04[min]13.5 W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 48 hours without the prior approval of the Captain of the 
Port.
    (iii) No vessel with a length overall in excess of 670 feet (204.216 
meters) may occupy this anchorage without the prior approval of the 
Captain of the Port.
    (iv) No vessel with a draft of 40 feet (12.192 meters) or more may 
occupy this anchorage without the prior approval of the Captain of the 
Port unless it anchors within 5 hours after ebb current begins at the 
Narrows.
    (v) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (14) Anchorage No. 23-B. That area enclosed by coordinates starting 
at 40[deg]37[min]49.8[sec] N., 74[deg]03[min]50.1[sec] W.; to 
40[deg]37[min]49.5[sec] N., 74[deg]03[min]25.7[sec] W.; to 
40[deg]37[min]27.0[sec] N., 74[deg]03[min]18.1[sec] W.; to 
40[deg]37[min]23.0[sec] N., 74[deg]03[min]59.0[sec] W.; to 
40[deg]37[min]30.0[sec] N., 74[deg]04[min]04.0[sec] W.; to 
40[deg]37[min]37.5[sec] N., 74[deg]03[min]46.0[sec] W.; thence back to 
40[deg]37[min]49.8[sec] N., 74[deg]03[min]50.1[sec] W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of 670 feet (204.216 meters) or 
less may occupy this anchorage without the prior approval of the Captain 
of the Port.
    (iii) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (15) Anchorage No. 24. That area enclosed by coordinates starting at 
40[deg]37[min]23.0[sec] N., 74[deg]03[min]59.0[sec] W.; to 
40[deg]37[min]27.0[sec] N., 74[deg]03[min]18.1[sec] W.; to 
40[deg]36[min]40.1[sec] N., 74[deg]03[min]02.2[sec] W.; to 
40[deg]36[min]25.5[sec] N., 74[deg]02[min]56.4[sec] W.; to 
40[deg]36[min]21.0[sec] N., 74[deg]03[min]11.0[sec] W.; to 
40[deg]36[min]25.0[sec] N., 74[deg]03[min]17.5[sec] W.; thence back to 
40[deg]37[min]23.0[sec] N., 74[deg]03[min]59.0[sec] W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of less than 800 feet (243.84 
meters), or with a draft of less than 40 feet (12.192 meters) may occupy 
this anchorage without the prior approval of the Captain of the Port.
    (16) Any vessel anchored in or intending to anchor in Federal 
Anchorage 20-A through 20-G, 21-A through 21-C, 23-A and 23-B, 24 or 25 
must comply with the following requirements:
    (i) No vessel may anchor unless it notifies the Captain of the Port 
when it anchors, of the vessel's name, length, draft, and its position 
in the anchorage.
    (ii) Each vessel anchored must notify the Captain of the Port when 
it weighs anchor.
    (iii) No vessel may conduct lightering operations unless it notifies 
the Captain of the Port before it begins lightering operations.

[[Page 475]]

    (iv) Each vessel lightering must notify the Captain of the Port at 
the termination of lightering.
    (v) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (vi) If any vessel is so close to another that a collision is 
probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (vii) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes except with prior approval of the Captain of 
the Port.
    (viii) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (ix) Each vessel in a ``dead ship'' status must engage an adequate 
number of tugs alongside during tide changes. A tug alongside may assume 
the Channel 16 FM radio guard for the vessel after it notifies the 
Captain of the Port.
    (x) No vessel may lighter in a ``dead ship'' status without prior 
approval from the Captain of the Port.
    (e) Lower Bay--(1) Anchorage No. 25. That area enclosed by 
coordinates starting at 40[deg]35[min]58.2[sec] N., 
74[deg]02[min]18.4[sec] W.; to 40[deg]36[min]12.0[sec] N., 
74[deg]01[min]29.0[sec] W.; to 40[deg]36[min]03.0[sec] N., 
74[deg]00[min]52.5[sec] W., to 40[deg]34[min]57.5[sec] N., 
74[deg]00[min]25.0[sec] W.; to 40[deg]34[min]40.0[sec] N., 
74[deg]01[min]03.0[sec] W.; to 40[deg]34[min]53.0[sec] N., 
74[deg]01[min]56.1[sec] W.; to 40[deg]35[min]23.9[sec] N., 
74[deg]02[min]04.8[sec] W.; thence back to 40[deg]35[min]58.2[sec] N., 
74[deg]02[min]18.4[sec] W.
    (i) See 33 CFR 110.155(d)(16) and (l).
    (ii) When the use of this anchorage is required by naval vessels, 
any commercial vessels anchored therein must move when directed by the 
Captain of the Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (f) Lower Bay--(1) Anchorage No. 26. In Sandy Hook Bay south of a 
line extending from Point Comfort to Sandy Hook Point Light.

    Note: Anchorages Nos. 49-F and 49-G in this area are reserved for 
vessels carrying explosives (see paragraphs (m)(2) and (3) of this 
section) and are excluded from use as general anchorages.

    (i) Pleasure or commercial craft may not navigate or moor within 750 
yards of the Naval Ammunition Depot Pier at Leonardo, New Jersey, nor 
anchor in the approach channel or the turning basin adjacent thereto.
    (ii) When immediate action is required and representatives of the 
Coast Guard are not present in sufficient force to exercise effective 
control of shipping, the Commanding Officer of the Naval Ammunition 
Depot at Earle, New Jersey, may control the anchorage or movement of any 
vessel, foreign or domestic, to the extent he deems necessary to insure 
the safety and security of his command.
    (2) Anchorage No. 27--(i) Atlantic Ocean. Beginning at Sandy Hook 
Light 15 to latitude 40[deg]28[min]52[sec], longitude 
74[deg]00[min]03[sec]; thence to latitude 40[deg]28[min]41[sec], 
longitude 73[deg]58[min]54[sec]; thence to latitude 
40[deg]25[min]58[sec], longitude 73[deg]55[min]00[sec]; thence 180[deg] 
to latitude 40[deg]23[min]46[sec], thence 270[deg] toward Highland Light 
and Sandy Hook shore; thence following the easterly shoreline of Sandy 
Hook to the point of beginning.
    (ii) Romer Shoal. Beginning at latitude 40[deg]27[min]30[sec], 
longitude 73[deg]55[min]00[sec]; thence due north to latitude 
40[deg]29[min]05[sec]; thence to latitude 40[deg]31[min]25[sec], 
longitude 74[deg]00[min]55[sec]; thence to latitude 
40[deg]32[min]11[sec], longitude 74[deg]01[min]41[sec]; thence to 
latitude 40[deg]32[min]12[sec], longitude 74[deg]02[min]07[sec]; thence 
180[deg] to latitude 40[deg]31[min]27[sec]; thence to latitude 
40[deg]30[min]13[sec], longitude 74[deg]00[min]07[sec]; thence to the 
point of beginning.
    (iii) Flynns Knoll. Beginning at Sandy Hook Channel Lighted Bell 
Buoy 18; thence along the north side of Sandy Hook Channel to Sandy Hook 
Channel Lighted Buoy; thence along the southwest side of Swash Channel 
to Junction Buoy; thence along the east side of Chapel Hill Channel to 
Chapel Hill Channel Buoy 2; and thence to the point of beginning.
    (3) Anchorage No. 28. West of lines bearing 154[deg]30[min] from 
Fort Wadsworth Light to Craven Shoal Lighted Bell Buoy 19A, thence in 
succession to the buoys marking the east side of West Bank and the buoys 
on the west side of

[[Page 476]]

Chapel Hill Channel to Southwest Spit Junction Lighted Gong Buoy, thence 
182[deg] to a line extending from Sandy Hook Point Light to Point 
Comfort; north of the latter line and the New Jersey shore; and east of 
a line bearing 353[deg] from the head of the Keansburg Steamboat Pier at 
Point Comfort, through Great Kills Flat Buoy 4, to the Staten Island 
shore; excluding from this area, however, (i) the waters west of a line 
ranging from the stack on Hoffman Island 344[deg] through the northeast 
corner of the T-shaped pier at South Beach; northwest of a line ranging 
from Great Kills Light 39[deg] and tangent to the offshore face of the 
T-shaped pier at Midland Beach; and northeast of a line ranging from the 
stack on Swinburne Island 301[deg] to the shore end of the north jetty 
at New Creek; and (ii) the waters west of a line ranging from Conover 
Light at Leonardo, New Jersey, 340[deg] through Old Orchard Shoal Light; 
northwest of a line bearing 230[deg] from the stack on Hoffman Island; 
and northeast of a line ranging from Great Kills Light 332[deg] through 
Marine Park Light at Crooks Point.

    Note: A special anchorage area in this anchorage is described in 
Sec. 110.60(r-1).

    (g) [Reserved]
    (h) Newark Bay--(1) Anchorage No. 34. South of the bridge of the 
Central Railroad Company of New Jersey; west of lines from a point on 
the bridge 100 yards west of the west pier of the west lift span to 
Newark Bay Channel Buoy 5, thence to the east end of the dike north of 
Shooters Island; north of the dike and a line ranging from the west end 
of the dike through Kill Van Kull Light 18 and Kill Van Kull Buoy 20; 
and east of a line 250 feet east of and parallel to the Singer 
Manufacturing Company bulkhead.

    Note: A portion of this general anchorage is described as a special 
anchorage in Sec. 110.60(r).

    (2) [Reserved]
    (3) Anchorage No. 36. South of Port Newark Terminal Channel; west of 
a line ranging from a point 200 yards west of Newark Bay Light 3 to a 
point 100 yards west of the west pier of the west lift span of the 
Central Railroad of New Jersey Bridge; and north of said bridge.
    (4) Anchorage No. 37. North of the Central Railroad of New Jersey 
bridge; east of a line ranging from a point 200 yards east of the east 
pier of the east lift span of the bridge to a point 200 yards east of 
the east end of the lift span of the Pennsylvania-Lehigh Valley Railroad 
bridge; and south of the latter bridge.

    Note: A portion of this general anchorage is described as a special 
anchorage in Sec. 110.60(q).

    (5) Anchorage No. 38. North of the Pennsylvania-Lehigh Valley 
Railroad bridge; east of lines ranging through a point 200 yards east of 
the east end of the lift span of the said bridge and the red channel 
buoys marking the dredged channel in Newark Bay and Hackensack River; 
and south of the Central Railroad Company of New Jersey bridge.
    (6) Anchorage No. 39. Between the entrance channels of the 
Hackensack and Passaic Rivers, northwest of lines from the abutment of 
the Central Railroad of New Jersey bridge on the west side of the 
Hackensack River to Hackensack River Light 1, and thence to Newark Bay 
Light 5, and east of a line from said light ranging toward the southeast 
corner of the Texas Company wharf, and of a line ranging from the 
southeast corner of Gross Wharf to the abutment and end of fill of the 
Central Railroad of New Jersey bridge on the east side of the Passaic 
River.
    (i) Arthur Kill--(1) Anchorage No. 41. The passage between Pralls 
Island and Staten Island included between a line running 29[deg] from 
the extreme northwest point of Pralls Island to a point on Staten Island 
and a line from the southern point of Pralls Island to the north side of 
the mouth of Neck Creek at Travis, Staten Island.
    (2) Anchorage No. 42. East of lines ranging from the head of the 
Tottenville Shipyard Company pier at Tottenville, Staten Island, to the 
first pier of the Outerbridge Crossing west from the Staten Island 
shore, thence to Arthur Kill Light 10, thence to Arthur Kill Light 14, 
and thence to Arthur Kill Lighted Buoy 16; and south of a line from 
thence to Smoking Point.

[[Page 477]]

    (j) Raritan Bay--(1) Anchorage No. 44. An area in Raritan Bay 
located at the junction of Arthur Kill and Raritan River, beginning at a 
point at latitude 40[deg]30[min]07[sec], longitude 
74[deg]15[min]13[sec]; thence to latitude 40[deg]30[min]01[sec], 
longitude 74[deg]15[min]30[sec]; thence to latitude 
40[deg]29[min]27[sec], longitude 74[deg]15[min]06[sec]; thence to 
latitude 40[deg]29[min]24[sec], longitude 74[deg]15[min]01[sec]; thence 
to latitude 40[deg]29[min]15[sec], longitude 74[deg]14[min]55[sec]; 
thence to latitude 40[deg]29[min]14[sec], longitude 
74[deg]15[min]25[sec]; thence to latitude 40[deg]29[min]48[sec], 
longitude 74[deg]15[min]48[sec]; and thence to the point of beginning.
    (i) The anchorage is restricted to deep-draft vessels except that 
barges may moor in that portion of the anchorage southerly of latitude 
40[deg]29[min]22[sec].
    (ii) No vessel shall occupy the deep-draft portion of the anchorage 
for a longer period than 48 hours without a permit from the Captain of 
the Port.
    (2) Anchorage No. 45. West of the Raritan Bay Channel leading into 
Arthur Kill; north of the Raritan River Channel leading into Raritan 
River; and east of the Cutoff Channel between Raritan River and Arthur 
Kill, except that part of the said area occupied by Anchorage No. 44.
    (3) [Reserved]
    (4) Anchorage No. 46. West of the west limit of Anchorage No. 28, as 
defined by a line bearing 353[deg] from the head of the Keansburg 
Steamboat Pier at Point Comfort, through Great Kills Flat Buoy 4 to the 
Staten Island shore; north of Raritan Bay Channel as defined by the 
buoys and lights marking the north side of the channel, including 
Princess Bay; northeast of Raritan Bay Channel leading into Arthur Kill; 
and south of a line bearing 243[deg] from the gable of a house at Ward 
Point, Staten Island.
    (5) Anchorage No. 47. South of the Raritan River Channel from 
opposite the Sun Oil Company pier at South Amboy to Raritan River Buoy 
3; thence south of a line in the direction of Boundary Daybeacon to 
latitude 40[deg]28[min]48.5[sec], longitude 74[deg]14[min]31.6[sec]; 
thence south of lines through Raritan Bay Light 7B, Raritan Bay Light 
3A, and the buoys marking the south side of Raritan Bay Channel Off 
Seguine Point to the west limit of Anchorage No. 28 as defined by a line 
bearing 353[deg] from the head of the Keansburg Steamboat Pier through 
Great Kills Flat Buoy 4 to the Staten Island shore; and west of the 
latter line.
    (i) Vessels shall not anchor in the channel to Keyport Harbor west 
of lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, 
thence through Keyport Channel Buoys 11 and 13 to the northeast corner 
of the easterly steamboat wharf; and east of a line extending from a 
point 400 yards west of Keyport Channel Buoy 1 tangent to the west shore 
at the mouth of Matawan Creek.
    (k) [Reserved]
    (l) General regulations. (1) No vessel in excess of 800 feet (243.84 
meters) in length overall or 40 feet (12.192 meters) in draft may anchor 
unless it notifies the Captain of the Port at least 48 hours prior to 
entering Ambrose Channel.
    (2) Except in cases of great emergency, no vessel shall be anchored 
in the navigable waters of the Port of New York outside of the anchorage 
areas established in this section, nor cast anchor within a cable or 
pipe line area shown on a Government chart, nor be moored, anchored, or 
tied up to any pier, wharf, or vessel in such manner as to obstruct or 
endanger the passage of any vessel in transit by, or to or from, 
adjacent wharves, piers, or slips.
    (3) No vessel shall occupy for a longer period than 30 days, unless 
a permit is obtained from the Captain of the Port for that purpose, any 
anchorage for which the time of occupancy is not otherwise prescribed in 
this section. No vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels shall occupy an anchorage except in an emergency, and then 
only for such period as may be permitted by the Captain of the Port.
    (4) Whenever, in the opinion of the Captain of the Port, such action 
may be necessary, that officer may require any or all vessels in any 
designated anchorage area to moor with two or more anchors.
    (5) Every vessel whose crew may be reduced to such number that it 
will not have sufficient men on board to weigh anchor at any time shall 
be anchored with two anchors, with mooring swivel

[[Page 478]]

put on before the crew shall be reduced or released, unless the Captain 
of the Port shall waive the requirement of a mooring swivel.
    (6) Anchors of all vessels must be placed well within the anchorage 
areas, so that no portion of the hull or rigging shall at any time 
extend outside the boundaries of the anchorage area.
    (7) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with the free 
navigation of the channel nor obstruct the approach to any pier nor 
impede the movement of any boat, and shall move away immediately after 
the emergency ceases, or upon notification by the Captain of the Port.
    (8) The Captain of the Port may grant a revocable permit for the 
habitual maintenance and use of a given mooring space in an anchorage 
area. Application information for a mooring permit is available from:

Coast Guard Activities New York, Waterways Oversight Branch, 212 Coast 
Guard Drive, Staten Island, NY 10305.

    (i) A mooring permit is issued to an individual, for his exclusive 
use, of a specific mooring, of a specific type, at a specific location, 
for a specific vessel.
    (ii) Mooring permits shall expire on April 30 of the year after 
issuance.
    (iii) Mooring permits are not transferable.
    (iv) Moorings are shown on the large scale chart which may be seen 
at the office of the Captain of the Port--New York.
    (v) Mooring anchor, chain, and pendant (if applicable) requirements 
are shown in Table 110.155(l)(7). These requirements may be waived or 
modified by the Captain of the Port upon written request from the 
applicant for such waiver or modification.
    (vi) The mooring buoy shall be white in color with the Captain of 
the Port mooring permit number, in black letters, clearly visible at all 
times. The buoy is to extend not less than 1 foot above the surface of 
the water at all times, exclusive of flagstaffs, rings, quick pickup 
devices, etc.
    (vii) All required equipment shall be provided by, installed by, and 
remain the property of the permit holder.
    (viii) Mooring equipment should be raised at least every 2 years, 
inspected for deterioration and replaced if necessary.
    (ix) Each person holding a mooring permit shall make what the 
Captain of the Port--New York considers reasonable use of the mooring. 
Nonuse of a mooring up to 30 days during the boating season is deemed 
reasonable.
    (x) Moorings for which permits have expired without renewal or have 
been revoked by the Captain of the Port--New York shall be removed by 
the owner within 10 days of such expiration or revocation.
    (xi) Granting of a Captain of the Port--New York mooring permit does 
not give a right of access across private property. Arrangements for 
access shall be made by the permit holder.
    (xii) Each person to whom a Captain of the Port--New York mooring 
permit is issued agrees to hold harmless the United States, its 
officers, agents, and employees, for any death, personal injury, or 
damage which may result from the use of the permit or the rights granted 
under the permit.
    (xiii) No vessel shall continuously occupy a mooring when a vessel 
in regular traffic requires the berth or when navigation would be 
menaced or inconvenienced thereby.
    (xiv) No vessel shall moor in any anchorage in such a manner as to 
interfere with the use of a duly authorized mooring buoy. Nor shall any 
vessel moored to a buoy authorized by a Captain of the Port--New York 
permit be moored such that any portion of that vessel comes within 50 
feet of a marked or dredged channel.
    (xv) No vessel shall be navigated within the limits of an anchorage 
at speed exceeding 6 knots when in the vicinity of a moored vessel.
    (xvi) In an emergency the Captain of the Port may shift the position 
of any unattended vessel moored in or near any anchorage.

[[Page 479]]



                                                                   Table 110.155(l)(7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Pendant safe
     Vessel length, in feet        Anchor weight, in      Anchor type        Anchor scope        Chain size in     Pendant length in     working load
                                        pounds                                                      inches               feet               minimum
--------------------------------------------------------------------------------------------------------------------------------------------------------
15 or less......................  100...............  Mushroom or navy..  3x MHW............  \5/16\............  4.................  4x anchor weight.
Greater than 15 but not greater   150...............  Mushroom or navy..  3x MHW............  \3/8\.............  8.................  Do.
 than 21.
Greater than 21 but not greater   200...............  Mushroom or navy..  3x MHW............  \3/8\.............  10................  Do.
 than 26.
Greater than 26.................  10 per foot of      Mushroom or navy..  3x MHW............  \1/2\ for anchor    10................  Do.
                                   vessel length.                                              of 400 
                                                                                               or less, \5/8\ if
                                                                                               greater than 400
                                                                                               .
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (9) Barge dispensing stations and stake boats may be anchored in 
such places as the Captain of the Port may designate.
    (10) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables legally established, or plant engaged in dredging 
operations, to anchor within channels of the Port of New York. Permit 
issued by the Captain of the Port is not necessary for plant engaged 
upon works of river and harbor improvement under the supervision of the 
District Engineer, but the District Engineer will notify the Captain of 
the Port in advance of all such proposed work.
    (11) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored within the anchorage areas, of any 
vessel anchored outside the anchorage areas, of any vessel which is so 
moored or anchored as to impede or obstruct vessel movements in any 
channel or obstruct or interfere with range lights and of any vessel 
which, lying at the exterior end of a pier or alongside an open 
bulkhead, obstructs or endangers the passage of vessels in transit by, 
or to or from, adjacent wharf property or impedes the movements of 
vessels entering or leaving adjacent slips.
    (12) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds, shall get under way at 
once or signal for a tug, and shall change position as directed, with 
reasonable promptness.
    (13) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (14) Any vessel prohibited by these rules from anchoring in a 
specific anchorage because of the vessel's length or draft may anchor in 
the anchorage with permission from the Captain of the Port.
    (m) Anchorages for vessels carrying explosives.
    (1) [Reserved]
    (2) Anchorage No. 49-F (emergency naval anchorage). That portion of 
Sandy Hook Bay bounded by a line bearing 170[deg], 3,800 yards, from a 
point bearing 281[deg]30[min], 2,050 yards from Sandy Hook Light; thence 
260[deg], 500 yards; thence 350[deg], 3,800 yards; thence 080[deg], 500 
yards, to the point of beginning.
    (i) This anchorage is to be used for the anchorage of naval vessels 
during emergencies only.
    (ii) No pleasure or commercial craft shall navigate or moor within 
this area at any time when naval vessels which are moored in the area 
display a red flag by day or a red light by night.
    (3) Anchorage No. 49-G (naval anchorage). That portion of Sandy Hook 
Bay bounded by a line bearing 208[deg], 1,350 yards, from a point 
bearing 292[deg]30[min], 3,600 yards, from Sandy Hook Light; thence 
298[deg], 620 yards; thence 002[deg], 1,250 yards; thence 107[deg], 
1,150 yards, to the point of beginning.

[[Page 480]]

    (i) No pleasure or commercial craft shall navigate or moor within 
this area at any time when vessels which are moored in the area display 
a red flag by day or a red light by night.
    (n) Regulations for explosive anchorages. (1) Anchorages Nos. 49-F 
and 49-G are reserved for vessels carrying explosives. All vessels 
carrying explosives shall be within these areas when anchored, except as 
provided in paragraph (n)(6) of this section.
    (2) A written permit shall be obtained from the Captain of the Port 
before vessels carrying explosives, or on which explosives are to be 
loaded, may proceed to the anchorages provided for them; and no vessel 
shall occupy a berth in such anchorage except by authority of such 
permit, which permit may be revoked at any time.
    (3) Vessels used in connection with loading or unloading explosives 
on vessels in anchorage areas, including tugs and stevedore boats, shall 
carry a written permit from the Captain of the Port. The Captain of the 
Port may, in his discretion, require every person having business on 
board vessels which are being loaded with explosives, other than members 
of the crew, to have a pass from the Captain of the Port in such form as 
he shall prescribe. Such permit or pass shall be shown whenever required 
by him or by his authorized agents.
    (4) Whenever any vessel not fitted with mechanical power anchors in 
the explosives anchorages while carrying explosives, the Captain of the 
Port may require the attendance of a tug upon such vessel when in his 
judgment such action is necessary.
    (5) Vessels carrying explosives shall comply with the general 
regulations in paragraph (l) of this section when applicable.
    (6) The District Engineer, Corps of Engineers, may authorize, in 
writing, a vessel carrying explosives for use on river and harbor works 
or on other work under Federal permit issued by the District Engineer to 
anchor in or near the vicinity of such work without a permit from the 
Captain of the Port. The District Engineer will prescribe the quantities 
of such explosives allowed on such vessel and the conditions under which 
they are to be stored and handled, and will furnish the Captain of the 
Port with a copy of such safety instructions together with a copy of his 
written authorization.
    (7) Every vessel loading, unloading, transporting, or containing 
explosives shall display by day a red flag at least 16 square feet in 
area at its masthead, or at least 10 feet above the upper deck if the 
vessel has no mast, and shall display by night a red light in the same 
position specified for the flag.
    (8) When local regulations of any place require previous local 
authority for the transfer of explosives or fireworks between vessels or 
between a vessel and a wharf or other place ashore, the Captain of the 
Port will permit the removal from the anchorage of such vessel 
containing explosives to any place covered by such local regulations 
only when he is satisfied that the required local authority has been 
granted.

    Note: The anchorage in this section are regulated under Title I, 
Ports and Waterways Safety Act of 1972 as stated in Sec. 110.1a(a) of 
this part. The penalties for violating regulations under this Act are 
stated in Sec. 110.1a(b) of this part.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
110.155, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 110.156  Randall Bay, Freeport, Long Island, N.Y.

    (a) The anchorage grounds. Southward of a line 312 feet south of and 
parallel to the south side of Casino Street; eastward of a line 215 feet 
east of and parallel to the east side of West Side Avenue, said line 
extending southerly to a point 233 feet north of the prolonged north 
side of Clinton Street; northeastward of a line from the last-mentioned 
point to a point 243 feet southerly of the prolonged south side of 
Clinton Street and 210 feet east of the east side of Prospect Street; 
eastward of a line 210 feet east of and parallel to the east side of 
Prospect Street; northward of a line 25 feet north of and parallel to 
the prolonged north side of Suffolk Street; westward of a line 210 feet 
west of and parallel to the west side of South Long Beach Avenue, said 
line extending

[[Page 481]]

northerly to a point 222 feet south of the prolonged south side of 
Queens Street; southwestward of a line from the last-mentioned point to 
a point 74 feet northerly of the prolonged north side of Queens Street 
and 120 feet west of the west side of Roosevelt Avenue; and westward of 
a line 120 feet west of and parallel to the west side of Roosevelt 
Avenue.
    (b) The regulations. (1) When applied for, a berth in this 
anchorage, if available, may be assigned to any vessel by the Captain of 
the Port of New York.
    (2) The Captain of the Port is authorized to issue permits for 
maintaining mooring buoys within the anchorage. The method of anchoring 
these buoys shall be as prescribed by the Captain of the Port.
    (3) No vessel shall anchor in the anchorage in such manner as to 
interfere with the use of a duly authorized mooring buoy.
    (4) No vessel shall be navigated within the anchorage at a speed 
exceeding six knots.
    (5) In case of emergencies, the Captain of the Port is authorized to 
shift the position of any unattended vessel moored in or near the 
anchorage.



Sec. 110.157  Delaware Bay and River.

    (a) The anchorage grounds--(1) Anchorage A off the entrance to the 
Mispillion River. In Delaware Bay southwest of Brandywine Channel 
beginning at latitude 38[deg]53[min]57[sec] N., longitude 
75[deg]08[min]00[sec] W., thence northwesterly to latitude 
39[deg]01[min]22[sec] N., longitude 75[deg]13[min]25[sec] W., thence 
southwesterly to latitude 39[deg]00[min]49[sec] N., longitude 
75[deg]14[min]57[sec] W., thence southeasterly to latitude 
38[deg]53[min]22[sec] N., longitude 75[deg]09[min]26[sec] W., thence 
northeasterly to the point of beginning. Supervision over the anchoring 
of vessels and over all cargo transfer operations in Anchorage A is 
exercised by the Captain of the Port, Philadelphia. The regulations of 
paragraphs (b)(1) and (b)(2) of this section do not apply to this 
anchorage.
    (2) Anchorage 1 off Bombay Hook Point. On the southwest side of the 
channel along Liston Range, bounded as follows: Beginning at a point 
(approximately latitude 39[deg]17[min]59[sec], longitude 
75[deg]23[min]07[sec] ) bearing 228 from Ship John Shoal Light, 167 
yards southwest of the southwest edge of the channel along Liston Range; 
thence 228[deg], 2,000 yards; thence 318[deg], 8,000 yards; thence 
48[deg], 2,000 yards; and thence 138[deg], 8,000 yards, to the point of 
beginning.
    (3) Anchorage 2 northwest of Artificial Island. On the east side of 
the channel along Reedy Island Range, bounded as follows: Beginning at a 
point bearing 105[deg] from the northernmost point of Reedy Island, 167 
yards easterly of the east edge of the channel along Reedy Island Range; 
thence 105[deg], 800 yards; thence 195[deg], 4,500 yards; thence 
285[deg], 800 yards to a point (approximately latitude 
39[deg]28[min]58[sec], longitude 75[deg]33[min]37[sec] ) opposite the 
intersection of Reedy Island and Baker Ranges; and thence 15[deg], 4,500 
yards, to the point of beginning.
    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance 
to the Chesapeake and Delaware Canal at Reedy Point, bounded on the east 
by the west edge of the channel along Reedy Island and New Castle 
Ranges; on the west by a line beginning at a point on the west edge of 
the channel along Reedy Island Range at latitude 39[deg]31[min]43[sec], 
thence to a point bearing 168[deg]30[min], 3,150 yards, from Chesapeake 
and Delaware Canal 2 Light, and thence to a point bearing 131[deg], 
1,160 yards, from Chesapeake and Delaware Canal 2 Light; and on the 
north by a line running from the last-described point 113[deg]30[min], 
approximately 813 yards, to the west edge of the channel along New 
Castle Range.
    (5) Anchorage 4 north of Reedy Point. North of the entrance to the 
Chesapeake and Delaware Canal at Reedy Point, on the west side of the 
river, bounded as follows: Beginning at a point (approximately latitude 
39[deg]33[min]51[sec], longitude 75[deg]33[min]35[sec] ) 344[deg]58[min] 
true, 160 yards from Chesapeake and Delaware Canal Light 2; thence 
306[deg]26[min], 1,442 yards; thence 36[deg]26[min], 377 yards; thence 
126[deg]26[min], 1,442 yards; thence 216[deg]26[min], 377 yards to the 
point of beginning.
    (6) Anchorage 5 southeast of Pea Patch Island. On the northeast side 
of the channel along New Castle Range, bounded as follows: Beginning at 
latitude 39[deg]34[min]28[sec], longitude 75[deg]33[min]06[sec]; thence 
334[deg], 2,343 yards; thence 64[deg], 512 yards; thence 154[deg], 2,343 
yards; and thence 244[deg], 512 yards, to the point of beginning.

[[Page 482]]

    (7) Anchorage 6 off Deepwater Point. Southeast of the entrance to 
Christina River, on the east side of the channel along Cherry Island 
Range, bounded as follows: Beginning at latitude 39[deg]41[min]31[sec], 
longitude 75[deg]30[min]55[sec]; thence 17[deg], 2,747 yards; thence 
112[deg], 847 yards; thence 215[deg], 1,340 yards; thence 204[deg], 893 
yards; thence 186[deg]30[min], 500 yards; and thence 286[deg], 377 
yards, to the point of beginning. Vessels must not cast anchor in the 
cable area at the lower end of this anchorage except in case of 
emergency.
    (8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the 
channel along Marcus Hook Range, bounded by a line connecting the 
following points:

39[deg]49[min]17.254[sec] N         75[deg]22[min]50.0994[sec] W
39[deg]48[min]39.984[sec] N         75[deg]23[min]17.238[sec] W
39[deg]47[min]45.309[sec] N         75[deg]25[min]01.278[sec] W
39[deg]47[min]43.111[sec] N         75[deg]26[min]00.186[sec] W
 

(DATUM: NAD 83)

    (ii) A vessel that is arriving from or departing for sea and that 
requires an examination by public health, customs, or immigration 
authorities shall anchor in the preferential area of this anchorage 
designated for the use of vessels awaiting quarantine inspection, this 
area being the waters bounded by the arc of a circle with a radius of 
366 yards and with the center located at:

39[deg]48[min]46.334[sec] N         75[deg]23[min]26.881[sec] W
 

(DATUM: NAD 83)

    (iii) Should the remainder of the anchorage be in use, the 
preferential area, when available, may be used by vessels not subject to 
quarantine inspection.
    (9) Anchorage 8 off Thompson Point. On the south side of the channel 
along Tinicum Range, between Thompson Point and the east side of Crab 
Point, bounded as follows: Beginning at a point on the south edge of the 
channel along Tinicum Range at longitude 75[deg]18[min]24[sec]; thence 
easterly along the edge of the channel to longitude 
75[deg]17[min]54[sec]; thence 179[deg], 267 yards; thence 
260[deg]30[min], 793 yards; thence 358[deg], 425 yards, to the point of 
beginning.
    (10) Anchorage 9 near entrance to Mantua Creek. On the southeast 
side of the channel along Mifflin Range, bounded as follows: Beginning 
at a point on the southeast edge of the channel at longitude 
75[deg]14[min]26[sec]; thence northeasterly along the edge of the 
channel to longitude 75[deg]12[min]01.5[sec]; thence 203[deg]30[min], 
933 yards; thence 233[deg]30[min], 3,058 yards; and thence 
263[deg]30[min], 933 yards, to the point of beginning. Vessels must not 
cast anchor in this anchorage in such manner as to interfere 
unreasonably with the passage of other vessels to and from Mantua Creek.
    (11) Anchorage 10 (naval) at Naval Base, Philadelphia. On the north 
side of the channel along West Horseshoe Range, bounded as follows: 
Beginning at the southeasterly corner of Pier 7 (approximately latitude 
39[deg]53[min]11[sec], longitude 75[deg]09[min]58.5[sec] ); thence 
174[deg], 525 yards, to the north edge of the channel along West 
Horseshoe Range; thence 273[deg]30[min] along the edge of the channel, 
880 yards; thence 354[deg], 433 yards, to the southeasterly corner of 
Pier 1; and thence 88[deg]30[min], 875 yards, to the point of beginning. 
This is a restricted naval anchorage.
    (12) Anchorage 11 at Gloucester. On the east side of the channel 
south of the Walt Whitman Bridge at Gloucester, bounded as follows: 
Beginning at a point on the east edge of the channel at latitude 
39[deg]54[min]16[sec]; thence 174[deg]30[min], 500 yards, to latitude 
39[deg]54[min]02[sec], longitude 75[deg]07[min]43[sec]; thence 202[deg], 
1,133 yards; thence 217[deg]30[min], 1,142 yards, to the east edge of 
channel; thence northeasterly along the edge of the channel to the point 
of beginning.
    (13) Anchorage 12 between Gloucester and Camden. On the east side of 
the channel adjoining and on the upstream side of Anchorage 11, from the 
Gloucester to Camden, bounded as follows: Beginning at a point on the 
east edge of the channel at latitude 39[deg]54[min]16[sec]; thence 
northerly along the edge of the channel to latitude 
39[deg]56[min]32.5[sec]; thence 133[deg], 283 yards to a point on a line 
100 feet west of the established pierhead line; thence southerly along 
this line to latitude 39[deg]54[min]34[sec]; thence 196[deg]16[min], 882 
yards to latitude 39[deg]54[min]08.5[sec]; thence 354[deg]36[min], 267 
yards to the point of beginning. The area between New York Shipbuilding 
Corporation Pier No. 2 and the MacAndrews and Forbes Company pier, 
Camden, shall be restricted to facilitate the movement of carfloats to 
and from Bulson Street, Camden. The area in front of the Public Service 
Electric and Gas Company pier shall be restricted to facilitate the 
movement of

[[Page 483]]

vessels to and from the pier. Should the anchorage become so congested 
that vessles are compelled to anchor in these restricted areas, they 
must move immediately when another berth is available.
    (14) Anchorage 13 at Camden. On the east side of the channel 
adjoining and on the upstream side of Anchorage 12, to Cooper Point, 
Camden, bounded as follows: Beginning at a point on the east edge of the 
channel at latitude 39[deg]56[min]32.5[sec]; thence northerly along the 
edge of the channel to latitude 39[deg]57[min]39.7[sec]; thence 
139[deg], 217 yards to a point on a line 100 feet west of the 
established pierhead line; thence southerly along this line to latitude 
39[deg]56[min]26.5[sec]; thence 313[deg], 283 yards to the point of 
beginning.
    (15) Anchorage 14 opposite Port Richmond. On the southeast side of 
the channel, north of Petty Island, bounded as follows: Beginning at a 
point on the southeast edge of the channel at longitude 
75[deg]05[min]43[sec]; thence 163[deg], 248 yards; thence 253[deg], 
1,978 yards, to the southeast edge of the channel; and thence 
northeasterly along the edge of the channel to the point of beginning. 
Vessels having a draft of less than 20 feet must anchor southwest of 
Pier No. 11, Port Richmond. The area off the Cities Service Oil Company 
wharves, Petty Island, shall be restricted to facilitate the movement of 
vessels to and from the wharves.
    (16) Anchorage 15 off northeasterly end of Petty Island. On the 
southeast side of the channel, bounded as follows: Beginning at a point 
on the southeast edge of the channel at longitude 
75[deg]05[min]34.7[sec]; thence northeasterly along the southeast edge 
of the channel to longitude 75[deg]05[min]09.5[sec]; thence 171[deg], 
198 yards; thence 260[deg]30[min], 667 yards; and thence 351[deg], 198 
yards, to the point of beginning. When necessary, this anchorage will be 
reserved for vessels under the custody of the United States, at which 
time other vessels may be required by the Captain of the Port to shift 
position.
    (17) Anchorage 16 between Port Richmond and Five Mile Point. On the 
northwest side of the channel, bounded as follows: Beginning at a point 
on the northwest edge of the channel at longitude 75[deg]05[min]35[sec]; 
thence northeasterly along the edge of the channel to longitude 
75[deg]04[min]20[sec]; thence 328[deg], 125 yards; thence 243[deg], 450 
yards; thence 251[deg], 475 yards; thence 257[deg], 1,042 yards; thence 
174[deg]30[min], 122 yards, to the point of beginning. When necessary, 
this anchorage will be reserved for vessels under the custody of the 
United States, at which time other vessels may be required by the 
Captain of the Port to shift position.
    (b) General regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in Delaware Bay and River between Ship John 
Light and The Pennsylvania Railroad Company bridge at Delair, New 
Jersey, outside of the anchorage areas established in this section, or 
within a cable or pipe line area shown on a Government chart, or be 
moored, anchored, or tied up to any pier, wharf, or other vessel in such 
manner as to obstruct or endanger the passage of any vessel. When an 
emergent condition exists due to congestion in the prescribed anchorage 
areas in the Delaware River, the Captain of the Port may authorize the 
anchorage of vessels in locations other than the prescribed areas. 
Vessels so anchored must not be anchored within the channel limits. Any 
vessel anchored outside of the prescribed anchorage limits must move to 
a prescribed anchorage area when space becomes available.
    (2) No vessel shall occupy any prescribed anchorage for a longer 
period than 48 hours without a permit from the Captain of the Port. 
Vessels expecting to be at anchor for more than 48 hours shall obtain a 
permit from the Captain of the Port for that purpose. No vessel in such 
condition that it is likely to sink or otherwise become a menace or 
obstruction to navigation or anchorage of other vessels shall occupy an 
anchorage except in an emergency, and then only for such period as may 
be permitted by the Captain of the Port.
    (3) Whenever, in the opinion of the Captain of the Port such action 
may be necessary, he may require any or all vessels in any designated 
anchorage area to moor with two or more anchors.
    (4) [Reserved]
    (5) Anchors shall be placed well within the anchorage areas, so that 
no portion of the hull or rigging will at any

[[Page 484]]

time extend outside of the anchorage area.
    (6) Light-draft barges using the anchorages shall be anchored away 
from the deeper portions of the anchorages, so as not to interfere with 
the anchoring of deep-draft vessels. Any barges towed in tandem to an 
anchorage area shall be bunched together when anchoring.
    (7) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables, or plant engaged in dredging operations, to anchor in 
channels. Such permission is not necessary for plant engaged upon works 
of river and harbor improvement under the supervision of the District 
Engineer, but the District Engineer will notify the Captain of the Port 
in advance of all such proposed work.
    (8) [Reserved]
    (9) A vessel upon being notified to shift its position shall get 
under way at once or signal for a tug and shall change position as 
directed with reasonable promptness.
    (10) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the laws relating to lights and 
fog signals or other navigation laws and regulations.
    (11) Annually from September 1 until December 31, additional 
requirements and restrictions in this paragraph for the use of 
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this 
section apply.
    (i) Before anchoring in Anchorage 7 off Marcus Hook, as described in 
paragraph (a)(8) of this section, a vessel must first obtain permission 
from the Captain of the Port, Philadelphia, at least 24 hours in advance 
of arrival. Permission to anchor will be granted on a ``first-come, 
first-served'' basis. The Captain of the Port, Philadelphia, will allow 
only one vessel at a time to be at anchor in Anchorage 7, and no vessel 
may remain within Anchorage 7 for more than 12 hours. Any vessel 
arriving from or departing to sea that requires an examination by the 
public health service, customs or immigration authorities will be 
directed to an anchorage for the required inspection by the Captain of 
the Port on a case-by-case basis.
    (ii) For Anchorage 6 off Deepwater Point, as described in paragraph 
(a)(7) of this section, and Anchorage 9 as described in paragraph 
(a)(10) of this section.
    (A) Any vessel 700 feet or greater in length requesting anchorage 
shall obtain permission from the Captain of the Port, Philadelphia, 
Pennsylvania, at least 24 hours in advance.
    (B) Any vessel from 700 to 750 feet in length shall have one tug 
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two tugs 
alongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor shall ensure 
that any tug required by this section is of sufficient horsepower to 
assist with necessary maneuvers to keep the vessel clear of the 
navigation channel.
    (iii) As used in this section, Captain of the Port means the 
Commander of Sec. or Delaware Bay or any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port to act on his behalf. The Captain of the Port may be contacted by 
telephone at (215) 271-4807 or via VHF marine band radio, channel 16.
    (c) Regulations for vessels carrying and handling explosives. (1) 
All vessels carrying explosives as defined in and subject to Title 49 
Code of Federal Regulations, Parts 171 through 177, or on which such 
explosives are to be loaded, shall obtain a permit from the Captain of 
the Port, except as provided in paragraph (c)(5) of this section. The 
maximum amount of explosives for which a permit is required in 49 CFR 
Parts 171 through 177, which may be carried or loaded at any time by a 
vessel shall not exceed 800 tons, except in cases of great emergency or 
by special permit from the Captain of the Port. This written permit 
shall be obtained from the Captain of the Port before vessels carrying 
explosives or on which explosives are to be loaded within the weight 
limit

[[Page 485]]

specified in paragraph (c)(1) of this section, may anchor in any 
anchorge. Permits will not be issued for Anchorage 2 under any 
circumstances. Such permit may be revoked at any time. All vessels used 
in connection with loading, or unloading explosives shall carry written 
permits from the Captain of the Port, and shall show such permit 
whenever required by him or his representative.
    (2) Vessels handling explosives shall be anchored so as to be at 
least 2,200 feet from any other vessel, but the number of vessels which 
may anchor in an anchorage at any one time shall be at the discretion of 
the Captain of the Port. This provision is not intended to prohibit 
barges or lighters from tying up alongside the vessels for the transfer 
of cargo.
    (3) Whenever a vessel or barge not mechanically self-propelled 
anchors while carrying explosives or while awaiting the loading of 
explosives, the Captain of the Port may require the attendance of a tug 
upon such vessel or barge when in his judgment such action is necessary.
    (4) Fishing and navigation are prohibited within an anchorage 
whenever occupied by an anchored vessel displaying a red flag.
    (5) The District Engineer, U.S. Army Corps of Engineers, may 
authorize, in writing, a vessel carrying explosives for use on river and 
harbor works or on other work under Department of the Army permit, to 
anchor in or near the vicinity of such work. The Captain of the Port 
will prescribe the conditions under which explosives shall be stored and 
handled in such cases.
    (6) Vessels carrying explosives or on which explosives are to be 
loaded, within the weight limit specified in paragraph (c)(1) of this 
section, shall comply with the general regulations in paragraph (b) of 
this section when applicable.
    (7) Nothing in this section shall be construed as relieving any 
vessel or the owner or person-in-charge of any vessel, and all others 
concerned, of the duties and responsibilities imposed upon them to 
comply with the regulations governing the handling, loading or 
discharging of explosives entitled ``Subchapter C--Hazardous Materials 
Regulations'' (49 CFR Parts 171 through 177).

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-212A, 47 
FR 20579, May 13, 1982; CGD 3-80-3A, 48 FR 13418, Mar. 31, 1983; CCGD 3-
82-31, 48 FR 23638, May 26, 1983; 48 FR 30622, July 5, 1983; CGD3-83-72, 
49 FR 25444, June 21, 1984; CGD 92-050, 59 FR 39965, Aug. 5, 1994; 
CGD05-94-088, 60 FR 10020, Feb. 23, 1995; CGD05-04-035, 70 FR 40886, 
July 15, 2005]



Sec. 110.158  Baltimore Harbor, MD.

    North American Datum 1983.
    (a) Anchorage Grounds--(1) Anchorage No. 1, general anchorage. (i) 
The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
39[deg]15[min]13.51[sec] N           76[deg]34[min]07.76[sec] W
39[deg]15[min]11.01[sec] N           76[deg]34[min]11.69[sec] W
39[deg]14[min]52.98[sec] N           76[deg]33[min]52.67[sec] W
39[deg]14[min]47.90[sec] N           76[deg]33[min]40.73[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 12 hours 
without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
39[deg]14[min]46.23[sec] N           76[deg]33[min]25.82[sec] W
39[deg]14[min]56.96[sec] N           76[deg]33[min]37.15[sec] W
39[deg]15[min]08.55[sec] N           76[deg]33[min]37.65[sec] W
39[deg]15[min]19.28[sec] N           76[deg]33[min]24.49[sec] W
39[deg]15[min]19.33[sec] N           76[deg]33[min]14.32[sec] W
39[deg]15[min]14.19[sec] N           76[deg]32[min]57.76[sec] W
39[deg]15[min]06.87[sec] N           76[deg]32[min]45.48[sec] W
39[deg]14[min]41.37[sec] N           76[deg]32[min]27.38[min] W
39[deg]14[min]30.93[sec] N           76[deg]32[min]33.52[sec] W
39[deg]14[min]46.27[sec] N           76[deg]32[min]49.69[sec] W
39[deg]14[min]43.76[sec] N           76[deg]32[min]53.62[sec] W
39[deg]14[min]57.51[sec] N           76[deg]33[min]08.13[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (3) Anchorage No. 3, Upper, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14[min]32.48[sec] N           76[deg]33[min]11.31[sec] W
39[deg]14[min]46.23[sec] N           76[deg]33[min]25.82[sec] W
39[deg]14[min]57.51[sec] N           76[deg]33[min]08.13[sec] W
39[deg]14[min]43.76[sec] N           76[deg]32[min]53.62[sec] W
 



[[Page 486]]

    (ii) No vessel shall remain in this anchorage for more than 24 hours 
without permission from the Captain of the Port.
    (4) Anchorage No. 3, Lower, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14[min]32.48[sec] N           76[deg]33[min]11.31[sec] W
39[deg]14[min]46.27[sec] N           76[deg]32[min]49.69[sec] W
39[deg]14[min]30.93[sec] N           76[deg]32[min]33.52[sec] W
39[deg]14[min]24.40[sec] N           76[deg]32[min]39.87[sec] W
39[deg]14[min]15.66[sec] N           76[deg]32[min]53.58[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (5) Anchorage No. 4, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13[min]52.91[sec] N           76[deg]32[min]29.60[sec] W
39[deg]14[min]05.91[sec] N           76[deg]32[min]43.30[sec] W
39[deg]14[min]07.30[sec] N           76[deg]32[min]43.12[sec] W
39[deg]14[min]17.96[sec] N           76[deg]32[min]26.41[sec] W
39[deg]14[min]05.32[sec] N           76[deg]32[min]13.09[sec] W
39[deg]14[min]00.46[sec] N           76[deg]32[min]17.77[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (6) Anchorage No. 5, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14[min]07.89[sec] N           76[deg]32[min]58.23[sec] W
39[deg]13[min]34.82[sec] N           76[deg]32[min]23.66[sec] W
39[deg]13[min]22.25[sec] N           76[deg]32[min]28.90[sec] W
39[deg]13[min]21.20[sec] N           76[deg]33[min]11.94[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (7) Anchorage No. 6, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13[min]42.98[sec] N           76[deg]32[min]19.11[sec] W
39[deg]13[min]20.65[sec] N           76[deg]31[min]55.58[sec] W
39[deg]13[min]34.00[sec] N           76[deg]31[min]33.50[sec] W
39[deg]14[min]01.95[sec] N           76[deg]32[min]02.65[sec] W
39[deg]13[min]51.01[sec] N           76[deg]32[min]18.71[sec] W
 


    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (8) Anchorage No. 7, Dead ship anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13[min]00.40[sec] N           76[deg]34[min]10.40[sec] W
39[deg]13[min]13.40[sec] N           76[deg]34[min]10.81[sec] W
39[deg]13[min]13.96[sec] N           76[deg]34[min]05.02[sec] W
39[deg]13[min]14.83[sec] N           76[deg]33[min]29.80[sec] W
39[deg]13[min]00.40[sec] N           76[deg]33[min]29.90[sec] W
 


    (ii) The primary use of this anchorage is to lay up dead ships. Such 
use has priority over other uses. Permission from the Captain of the 
Port must be obtained prior to the use of this anchorage for more than 
72 hours.
    (b) Definitions. As used in this section:Class 1 (explosive) 
materials means Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined 
in 49 CFR 173.50. Dangerous cargo means certain dangerous cargo as 
defined in Sec. 160.203 of this title.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and all vessels carrying 
or handling dangerous cargo or Class 1 (explosive) materials while 
anchored in an anchorage ground described in this section.
    (2) Except in cases where unforeseen circumstances create conditions 
of imminent peril, or with the permission of the Captain of the Port, no 
vessel shall be anchored in Baltimore Harbor and Patapsco River outside 
of the anchorage areas established in this section for more than 24 
hours. No vessel shall anchor within a tunnel, cable or pipeline area 
shown on a government chart. No vessel shall be moored, anchored, or 
tied up to any pier, wharf, or other vessel in such manner as to extend 
into established channel limits. No vessel shall be positioned so as to 
obstruct or endanger the passage of any other vessel.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or the anchoring 
of other vessels may not occupy an anchorage, unless the vessel obtains 
a permit from the Captain of the Port.

[[Page 487]]

    (4) The Captain of the Port may grant a revocable permit to a vessel 
for a habitual use of an anchorage. Only the vessel that holds the 
revocable permit may use the anchorage during the period that the permit 
is in effect.
    (5) Upon notification by the Captain of the Port to shift its 
position, a vessel at anchor shall get underway and shall move to its 
new designated position within 2 hours after notification.
    (6) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, scope 
of chain, readiness of engineering plant and equipment, usage of tugs, 
and requirements for maintaining communication guards on selected radio 
frequencies.
    (7) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to or from another vessel unless the vessel has given the 
Captain of the Port the four hours advance notice required by Sec. 
156.118 of this chapter.
    (8) No vessel shall anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without prior approval of the 
Captain of the Port.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. (1) This paragraph (d) applies to 
every vessel, except a U.S. naval vessel, handling or carrying dangerous 
cargoes or Class 1 (explosive) materials.
    (2) The Captain of the Port may require every person having business 
aboard a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while in an anchorage, other than a member of the 
crew, to hold a form of identification prescribed in the vessel's 
security plan.
    (3) Each person having business aboard a vessel handling or carrying 
dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, shall present the 
identification prescribed by paragraph (d)(2) of this section to any 
Coast Guard Boarding Officer who requests it.
    (4) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (5) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a bravo flag 
in a prominent location and by night a fixed red light.

[CGFR 68-132, 33 FR 18439, Dec. 12, 1968; 33 FR 20039, Dec. 31, 1968]

    Editorial Note: For Federal Register citations affecting Sec. 
110.158, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 110.159  Annapolis Harbor, MD.

    (a) The Anchorage Grounds--(1) Naval Anchorage for Deep Draft 
Vessels. In the Chesapeake Bay, bounded on the north by latitude 
38[deg]58[min]00[sec]; on the east by a line bearing 203[deg] from 
latitude 38[deg]58[min]00[sec], longitude 76[deg]24[min]00[sec]; on the 
south by latitude 38[deg]56[min]30[sec]; and on the west by a line 
bearing 139[deg] from Greenbury Point Shoal Light. This anchorage is 
reserved for deep draft naval vessels. Berths in the area will be 
assigned on application to the Superintendent, U.S. Naval Academy.
    (2) Middle Ground Anchorage. Beginning at a point in the Severn 
River 139[deg], 620 yards from Triton Light (located at the intersection 
of the northeast and southeast seawall of the Naval Academy grounds); 
thence easterly to a point 112[deg]30[min], 970 yards from Triton Light; 
thence southeasterly to a point 274[deg], 1,045 yards from the radio 
tower at the tip of Greenbury Point; thence south-southeasterly to a 
point 233[deg]30[min], 925 yards from the radio tower at the tip of 
Greenbury Point; thence west to a point 295[deg], 1,015 yards from 
Greenbury Point Shoal Light: thence northwesterly to the point of 
beginning.
    (3) South Anchorage. In the Severn River, beginning at a point on 
the shoreline at Horn Point, Eastport, 168[deg], 1,190 yards from Triton 
Light; thence east to a point 294[deg], 1,075 yards from Greenbury Point 
Shoal Light; thence northwest to a point 143[deg], 595 yards from Triton 
Light; thence westerly to a point 209[deg], 700 yards from Triton Light; 
thence 180[deg] to a point on the shoreline at Eastport. No vessel shall 
anchor within 100 feet of any wharf, marine railway, or other structure

[[Page 488]]

without the permission of the owner thereof.
    (4) Naval Anchorage for Small Craft. In the Severn River, beginning 
at a point 80 feet off the southeast seawall of the Naval Academy 
bearing 132[deg] from Triton Light; thence easterly to a point 
072[deg]30[min], 285 yards from Triton Light; thence southeasterly to a 
point 109[deg], 785 yards from Triton Light; thence westerly to a point 
211[deg], 537 yards from Triton Light; thence northwesterly to a point 
45 yards off the southeast seawall of the Naval Academy bearing 
214[deg], 535 yards from Triton Light; thence northeasterly to the point 
of beginning. Except in the case of emergency, no vessel shall be 
anchored in this area without the permission of the Superintendent, U.S. 
Naval Academy. Anchorages will be assigned upon request to the 
Superintendent, U.S. Naval Academy.
    (5) Spa Creek Anchorage. In Spa Creek, those waters bounded by a 
line connecting the following points:

38[deg]58[min]37.3[sec] N           76[deg]28[min]48.1[sec] W
38[deg]58[min]36.1[sec] N           76[deg]28[min]57.8[sec] W
38[deg]58[min]31.6[sec] N           76[deg]29[min]03.3[sec] W
38[deg]58[min]26.7[sec] N           76[deg]28[min]59.5[sec] W
 


Datum: NAD 83

    Note: The City Council of Annapolis has promulgated local ordinances 
to the control building of structures, and mooring and anchorage of 
vessels in anchorages (a)(3), and (a)(5). These local ordinances will be 
enforced by the local Harbor Master.

    (b) The regulations. (1) Except in the case of emergency, no vessel 
shall be anchored in the area to the north and east of the Annapolis 
Channel bounded on the east by Greenbury Point; on the south by a line 
bearing 270[deg] from the southern tip of Greenbury Point; on the west 
by the Annapolis Channel; on the north by the southern boundry of the 
cable area and the shoreline of the Government reservation and Carr 
Creek.
    (2) Except in the case of emergency, no vessel shall be anchored in 
Annapolis Harbor to the westward of the dredged channel and northward of 
the southern boundry of the South Anchorage outside of the established 
anchorage areas, except in Spa Creek and the area to the southwestward 
of the Naval anchorage for small craft. No vessel shall be so anchored 
that any part of the vessel extends at any time within this area. Any 
vessel anchoring, under great emergency, within this area shall be 
placed as close to an anchorage area as practicable, and shall move away 
immediately after the emergency ceases.
    (3) No vessel shall be anchored in the cable and pipeline area, 
lying between the Naval Academy and the Naval Ship Research and 
Development Laboratory and having the following limits: Southeastern 
limit, from Triton Light 072[deg] to white ``Cable Crossing'' sign at 
the Naval Ship Research and Development Laboratory; northwestern limit, 
a line bearing 054[deg] from the Capitol Dome.
    (4) Except in the case of emergency, no vessel shall be anchored, 
without permission of the Superintendent, U.S. Naval Academy, in the 
Naval Academy Drill area described as follows:
    That portion of the Severn River lying to the northeastward of the 
Naval Academy, bounded on the north by the State Highway Bridge and on 
the south by the northern limit of the cable and pipeline area, 
excluding that area off the eastern shoreline enclosed by a line bearing 
approximately 131[deg] from the eastern abutment of the State Highway 
Bridge to the vicinity of Ferry Point. This drill area also includes the 
lower part of Dorseys Creek below the Naval Academy Drawbridge. Requests 
to anchor in this drill area shall be made to the Superintendent, U.S. 
Naval Academy.
    (5) The restrictions in this section do not apply to the anchoring 
or marking by buoys of apparatus used for the purpose of taking seafood, 
except within the cable or pipeline area described in paragraph (b)(3) 
of this section.
    (6) The regulations in paragraph (b) of this section shall be 
enforced by the Superintendent, U.S. Naval Academy, and such agencies as 
he may designate.

[CGFR 68-97, 34 FR 9677, June 20, 1969, as amended by CGD 05-81-15R, 47 
FR 29658, 29659, July 8, 1982; CGD05-93-103, 60 FR 27696, May 25, 1995; 
60 FR 45776, Sept. 1, 1995]



Sec. 110.166  York River, Va., naval anchorage.

    (a) The anchorage grounds. Between Yorktown and the Naval Mine 
Depot, beginning at latitude 37[deg]15[min]34[sec], longitude 
76[deg]31[min]25[sec]; thence to latitude

[[Page 489]]

37[deg]15[min]25[sec], longitude 76[deg]31[min]39.5[sec]; thence to 
latitude 37[deg]16[min]21.5[sec], longitude 76[deg]32[min]46[sec]; 
thence to latitude 37[deg]17[min]07.5[sec], longitude 
76[deg]34[min]17[sec]; thence to latitude 37[deg]17[min]55[sec], 
longitude 76[deg]35[min]14.5[sec]; thence to latitude 
37[deg]18[min]05[sec], longitude 76[deg]35[min]01[sec]; thence to 
latitude 37[deg]17[min]20[sec], longitude 76[deg]34[min]07[sec]; thence 
to latitude 37[deg]16[min]33.5[sec], longitude 76[deg]32[min]34[sec], 
and thence to the point of beginning.
    (b) The regulations. This anchorage is reserved for the exclusive 
use of naval vessels and except in cases of emergency, no other vessel 
shall anchor therein without permission from the local naval 
authorities, obtained through the Captain of the Port, Norfolk, 
Virginia. Movement of vessels through the anchorage will not be 
restricted.



Sec. 110.168  Hampton Roads, Virginia and adjacent waters (Datum: NAD 83).

    (a) Anchorage Grounds--(1) Anchorage A (Naval Anchorage). The waters 
bounded by the shoreline and a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]55[min]33.0[sec] N            76[deg]02[min]47.0[sec] W
36[deg]57[min]02.8[sec] N            76[deg]03[min]02.6[sec] W
36[deg]56[min]45.0[sec] N            76[deg]01[min]30.0[sec] W
36[deg]55[min]54.0[sec] N            76[deg]01[min]37.0[sec] W
 

    (2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
    (i) Anchorage B (Naval Anchorage). The waters bounded by a line 
connecting the following points:

 
              Latitude                            Longitude
 
36[deg]57[min]58.0[sec] N            76[deg]06[min]07.0[sec] W
36[deg]57[min]11.0[sec] N            76[deg]03[min]02.1[sec] W
36[deg]55[min]48.8[sec] N            76[deg]03[min]14.0[sec] W
36[deg]56[min]31.8[sec] N            76[deg]06[min]07.0[sec] W
36[deg]57[min]04.0[sec] N            76[deg]06[min]07.0[sec] W
36[deg]57[min]08.5[sec] N            76[deg]06[min]24.5[sec] W
 

    (ii) Anchorage C (Naval Anchorage). The waters bounded by a line 
connecting the following points:

 
              Latitude                            Longitude
 
36[deg]58[min]54.8[sec] N            76[deg]09[min]41.5[sec] W
36[deg]58[min]18.8[sec] N            76[deg]07[min]18.0[sec] W
36[deg]57[min]27.0[sec] N            76[deg]07[min]37.5[sec] W
36[deg]58[min]04.0[sec] N            76[deg]10[min]00.0[sec] W
 

    (iii) Anchorage D (Naval Anchorage). The waters bounded by the 
shoreline and a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]55[min]49.0[sec] N            76[deg]10[min]32.8[sec] W
36[deg]58[min]04.0[sec] N            76[deg]10[min]02.1[sec] W
36[deg]57[min]31.2[sec] N            76[deg]07[min]54.8[sec] W
36[deg]55[min]24.1[sec] N            76[deg]08[min]28.8[sec] W
 

    (iv) Anchorage E (Commercial Explosive Anchorage). The waters 
bounded by a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]59[min]58.7[sec] N            76[deg]13[min]47.0[sec] W
36[deg]59[min]08.2[sec] N            76[deg]10[min]33.8[sec] W
36[deg]58[min]13.0[sec] N            76[deg]10[min]51.8[sec] W
36[deg]59[min]02.0[sec] N            76[deg]14[min]10.2[sec] W
 

    (v) Explosive Handling Berth E-1 (Explosives Anchorage Berth). The 
waters bounded by the arc of a circle with a radius of 500 yards and 
with the center located at:

 
              Latitude                            Longitude
 
36[deg]59[min]05.0[sec] N            76[deg]11[min]23.0[sec] W
 

    (3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The 
waters bounded by a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]59[min]51.6[sec] N            76[deg]19[min]12.0[sec] W
36[deg]59[min]25.2[sec] N            76[deg]18[min]48.5[sec] W
36[deg]58[min]49.1[sec] N            76[deg]19[min]33.8[sec] W
36[deg]59[min]25.0[sec] N            76[deg]20[min]07.0[sec] W
 

    (ii) Anchorage Berth F-1. The waters bounded by a line connecting 
the arc of a circle with a radius of 500 yards and with the center 
located at:

 
              Latitude                            Longitude
 
36[deg]59[min]29.1[sec] N            76[deg]19[min]15.1[sec] W
 

    (iii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The 
waters bounded by a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]59[min]25.0[sec] N            76[deg]20[min]07.0[sec] W

[[Page 490]]

 
36[deg]58[min]49.1[sec] N            76[deg]19[min]33.8[sec] W
36[deg]57[min]41.4[sec] N            76[deg]21[min]07.7[sec] W
36[deg]57[min]34.6[sec] N            76[deg]21[min]26.7[sec] W
36[deg]57[min]31.1[sec] N            76[deg]22[min]01.9[sec] W
36[deg]58[min]07.0[sec] N            76[deg]22[min]03.0[sec] W
36[deg]58[min]54.8[sec] N            76[deg]21[min]42.6[sec] W
 

    (iv) Explosives Handling Berth G-1. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]57[min]50.0[sec] N            76[deg]21[min]37.0[sec] W
 

    (v) Explosives Handling Berth G-2. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]58[min]14.0[sec] N            76[deg]21[min]01.5[sec] W
 

    (vi) Explosives Handling Berth G-3. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]58[min]34.2[sec] N            76[deg]20[min]31.4[sec] W
 

    (vii) Explosives Handling Berth G-4. The waters bounded by the arc 
of a circle with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]58[min]54.9[sec] N            76[deg]20[min]03.2[sec] W
 

    (viii) Anchorage H, Newport News Bar. The waters bounded by a line 
connecting the following points:

 
              Latitude                            Longitude
 
36[deg]58[min]07.0[sec] N            76[deg]22[min]03.0[sec] W
36[deg]57[min]31.1[sec] N            76[deg]22[min]01.9[sec] W
36[deg]57[min]18.0[sec] N            76[deg]24[min]11.2[sec] W
36[deg]57[min]38.3[sec] N            76[deg]24[min]20.0[sec] W
36[deg]57[min]51.8[sec] N            76[deg]22[min]31.0[sec] W
 

    (4) James River Anchorages. (i) Anchorage I, Newport News. The 
waters bounded by a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]57[min]06.7[sec] N            76[deg]24[min]44.3[sec] W
36[deg]56[min]22.6[sec] N            76[deg]24[min]28.0[sec] W
36[deg]56[min]03.0[sec] N            76[deg]24[min]37.0[sec] W
36[deg]57[min]53.7[sec] N            76[deg]26[min]41.5[sec] W
36[deg]58[min]23.0[sec] N            76[deg]27[min]11.0[sec] W
36[deg]58[min]48.5[sec] N            76[deg]27[min]11.0[sec] W
36[deg]58[min]35.4[sec] N            76[deg]26[min]38.4[sec] W
36[deg]57[min]51.7[sec] N            76[deg]26[min]02.8[sec] W
36[deg]57[min]30.6[sec] N            76[deg]25[min]34.5[sec] W
 

    (ii) Anchorage Berth I-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]57[min]08.5[sec] N            76[deg]25[min]21.6[sec] W
 

    (iii) Anchorage Berth I-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]57[min]23.8[sec] N            76[deg]25[min]46.0[sec] W
 

    (iv) Anchorage J, Newport News Middle Ground. The waters bounded by 
a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]55[min]59.9[sec] N            76[deg]22[min]11.7[sec] W
36[deg]55[min]59.9[sec] N            76[deg]24[min]00.0[sec] W
36[deg]56[min]25.3[sec] N            76[deg]23[min]48.0[sec] W
36[deg]57[min]10.2[sec] N            76[deg]24[min]09.9[sec] W
36[deg]57[min]12.0[sec] N            76[deg]23[min]47.3[sec] W
36[deg]56[min]38.5[sec] N            76[deg]21[min]39.1[sec] W
36[deg]56[min]38.5[sec] N            76[deg]20[min]47.0[sec] W
 

    (v) Anchorage K, Newport News Middle Ground. The waters bounded by a 
line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]57[min]56.4[sec] N            76[deg]20[min]30.5[sec] W
36[deg]57[min]08.5[sec] N            76[deg]20[min]31.0[sec] W
36[deg]56[min]48.8[sec] N            76[deg]20[min]22.5[sec] W
36[deg]56[min]45.0[sec] N            76[deg]20[min]32.0[sec] W
36[deg]56[min]45.0[sec] N            76[deg]21[min]37.7[sec] W
36[deg]57[min]14.1[sec] N            76[deg]23[min]29.1[sec] W
36[deg]57[min]28.1[sec] N            76[deg]21[min]11.7[sec] W
 

    (vi) Anchorage Berth K-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

[[Page 491]]



 
              Latitude                            Longitude
 
36[deg]57[min]30.5[sec] N            76[deg]20[min]45.3[sec] W
 

    (vii) Anchorage Berth K-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
              Latitude                            Longitude
 
36[deg]57[min]16.8[sec] N            76[deg]21[min]09.5[sec] W
 

    (viii) Anchorage Berth L, Craney Island Flats. The waters bounded by 
a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]55[min]59.9[sec] N            76[deg]22[min]11.7[sec] W
36[deg]56[min]38.5[sec] N            76[deg]20[min]45.5[sec] W
36[deg]56[min]30.0[sec] N            76[deg]20[min]24.3[sec] W
36[deg]56[min]04.2[sec] N            76[deg]20[min]26.2[sec] W
 

    (5) Elizabeth River Anchorages. (i) Anchorage M, Port Norfolk. The 
waters bounded by a line connecting the following points:

 
              Latitude                            Longitude
 
36[deg]51[min]45.7[sec] N            76[deg]19[min]31.5[sec] W
36[deg]51[min]45.8[sec] N            76[deg]19[min]20.7[sec] W
36[deg]51[min]37.8[sec] N            76[deg]19[min]24.3[sec] W
36[deg]51[min]32.5[sec] N            76[deg]19[min]31.1[sec] W
36[deg]51[min]40.7[sec] N            76[deg]19[min]37.3[sec] W
36[deg]51[min]45.7[sec] N            76[deg]19[min]31.5[sec] W
 

    (ii) Anchorage N, Hospital Point. The waters bounded by a line 
connecting the following points:

 
              Latitude                            Longitude
 
36[deg]51[min]05.4[sec] N            76[deg]18[min]22.4[sec] W
36[deg]50[min]50.0[sec] N            76[deg]18[min]00.0[sec] W
36[deg]50[min]36.7[sec] N            76[deg]17[min]52.8[sec] W
36[deg]50[min]33.6[sec] N            76[deg]17[min]58.8[sec] W
36[deg]50[min]49.3[sec] N            76[deg]18[min]09.0[sec] W
36[deg]50[min]50.3[sec] N            76[deg]18[min]07.8[sec] W
36[deg]50[min]56.2[sec] N            76[deg]18[min]12.5[sec] W
36[deg]51[min]01.8[sec] N            76[deg]18[min]32.3[sec] W
 

    (iii) Anchorage O, The Hague. The waters of the basin known as ``The 
Hague'', north of the Brambleton Avenue Bridge, except for the area 
within 100 feet of the bridge span that provides access to and from the 
Elizabeth River.
    (6) Anchorage Q. Quarantine Anchorage. The waters bounded by a line 
connecting the following points:

 
              Latitude                            Longitude
 
37[deg]17[min]13.7[sec] N            76[deg]06[min]41.6[sec] W
37[deg]17[min]30.3[sec] N            76[deg]05[min]53.9[sec] W
37[deg]16[min]25.0[sec] N            76[deg]05[min]18.4[sec] W
37[deg]16[min]08.4[sec] N            76[deg]06[min]06.0[sec] W
 

    (i) Anchorage Berth Q-1. The waters bounded by the arc of a circle 
with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
37[deg]17[min]05.7[sec] N            76[deg]06[min]08.9[sec] W
 

    (ii) Anchorage Berth Q-2. The waters bounded by the arc of a circle 
with a radius of 500 yards with the center located at:

 
              Latitude                            Longitude
 
37[deg]16[min]33.0[sec] N            76[deg]05[min]51.1[sec] W
 

    (b) Definitions. As used in this section--
    Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4 
explosives, as defined in 49 CFR 173.50.
    Dangerous cargo means ``certain dangerous cargo'' as defined in 
Sec. 160.204 of this title.
    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.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and vessels carrying or 
handling dangerous cargo or Class 1 (explosive) materials while anchored 
in an anchorage ground described in this section.
    (2) Except as otherwise provided, a vessel may not occupy an 
anchorage for more than 30 days, unless the vessel obtains permission 
from the Captain of the Port.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or to the 
anchoring of other vessels, may not occupy an anchorage, unless the 
vessel obtains permission from the Captain of the Port.

[[Page 492]]

    (4) The Captain of the Port may, upon application, assign a vessel 
to a specific berth within an anchorage for a specified period of time.
    (5) The Captain of the Port may grant a revocable permit to a vessel 
for a habitual use of a berth. Only the vessel that holds the revocable 
permit may use the berth during the period that the permit is in effect.
    (6) The Commander, Fifth Coast Guard District, may authorize the 
establishment and placement of temporary mooring buoys within a berth. 
Placement of a fixed structure within an anchorage may be authorized by 
the District Engineer, U.S. Army Corps of Engineers.
    (7) If an application is for the long-term lay up of a vessel, the 
Captain of the Port may establish special conditions in the permit with 
which the vessel must comply.
    (8) Upon notification by the Captain of the Port to shift its 
position within an anchorage, a vessel at anchor must get underway at 
once or signal for a tug. The vessel must move to its new location 
within 2 hours after notification.
    (9) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, scope 
of chain, readiness of engineering plant and equipment, usage of tugs, 
and requirements for maintaining communications guards on selected radio 
frequencies.
    (10) A vessel that does not have a sufficient crew on board to weigh 
anchor at any time must have two anchors in place, unless the Captain of 
the Port waives this requirement. Members of the crew may not be 
released until the required anchors have been set.
    (11) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to another vessel unless the vessel has given the Captain 
of the Port the four hours advance notice required by Sec. 156.118 of 
this title.
    (12) Barges may not anchor in the deeper portions of anchorages or 
interfere with the anchoring of deep-draft vessels.
    (13) Barges towed in tandem to an anchorage must be nested together 
when anchored.
    (14) Any vessel anchored or moored in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT) 
must be capable of getting underway within 30 minutes with sufficient 
power to keep free of the bridge tunnel complex.
    (15) A vessel may not anchor or moor in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT) if 
its steering or main propulsion equipment is impaired.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. This paragraph applies to every 
vessel, except a naval vessel, handling or carrying dangerous cargoes or 
Class 1 (explosive) materials.
    (1) Unless otherwise directed by the Captain of the Port, each 
commercial vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials must be anchored or moored within Anchorage Berth 
E-1.
    (2) Each vessel, including each tug and stevedore boat, used for 
loading or unloading dangerous cargoes or Class 1 (explosive) materials 
in an anchorage, must have permission issued by the Captain of the Port.
    (3) The Captain of the Port may require every person having business 
aboard a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while in an anchorage, other than a member of the 
crew, to hold a form of valid identification.
    (4) Each person having business aboard a vessel handling or carrying 
dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, must present the 
identification prescribed by paragraph (d)(3) of this section to any 
Coast Guard boarding officer who requests it.
    (5) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (6) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display

[[Page 493]]

by day a red flag (Bravo flag) in a prominent location and by night a 
fixed red light.
    (e) Regulations for Specific Anchorages--(1) Anchorages A, B, C, and 
D. Except for a naval vessel, military support vessel, or vessel in an 
emergency situation, a vessel may not anchor in Anchorages A, B, C, or D 
without the permission of the Captain of the Port. The Captain of the 
Port must consult with the Commander, Naval Amphibious Base Little 
Creek, before granting a vessel permission to anchor in Anchorages A, B, 
C, or D.
    (2) Anchorage E. (i) A vessel may not anchor in Anchorage E without 
permission from the Captain of the Port.
    (ii) The Captain of the Port must give commercial vessels priority 
over naval and public vessels.
    (iii) The Captain of the Port may at any time revoke permission to 
anchor in Anchorage E issued under the authority of paragraph (e)(4)(i) 
of this section.
    (iv) A vessel may not anchor in Anchorage Berth E-1, unless it is 
handling or carrying dangerous cargoes or Class 1 (explosive) materials.
    (v) A vessel may not anchor within 500 yards of Anchorage Berth E-1 
without the permission of the Captain of the Port, if the berth is 
occupied by a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials.
    (3) Anchorage F. A vessel having a draft less than 45 feet may not 
anchor in Anchorage F without the permission of the Captain of the Port. 
No vessel may anchor in Anchorage F for a longer period than 72 hours 
without permission from the Captain of the Port. Vessels expecting to be 
at anchor for more than 72 hours must obtain permission from the Captain 
of the Port.
    (4) Anchorage G. (i) Except for a naval vessel, a vessel may not 
anchor in Anchorage G without the permission of the Captain of the Port.
    (ii) When handling or transferring Class 1 (explosive) materials in 
Anchorage G, naval vessels must comply with Department of Defense 
Ammunition and Explosives Safety Standards, or the standards in this 
section, whichever are the more stringent.
    (iii) When barges and other vessels are berthed at the Ammunition 
Barge Mooring Facility, located at latitude 36[deg]58[min]34[sec] N, 
longitude 76[deg]21[min]12[sec] W., no other vessel, except a vessel 
that is receiving or offloading Class 1 (explosive) materials, may 
anchor within 1,000 yards of the Ammunition Barge Mooring Facility. 
Vessels transferring class 1 (explosive) materials must display by day a 
red flag (Bravo flag) in a prominent location and by night a fixed red 
light.
    (iv) Whenever a vessel is handling or transferring Class 1 
(explosive) materials while at anchor in Anchorage G, no other vessel 
may anchor in Anchorage G without the permission of the Captain of the 
Port. The Captain of the Port must consult with the Commander, Naval 
Station Norfolk, before granting a vessel permission to anchor in 
Anchorage G.
    (v) A vessel located within Anchorage G may not handle or transfer 
Class 1 (explosive) materials within 400 yards of Norfolk Harbor 
Entrance Reach.
    (vi) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of another anchored vessel, unless the other 
vessel is also handling or transferring Class 1 (explosive) materials.
    (vii) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of Anchorage F or H.
    (5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth I-1 or I-2 without the permission of the 
Captain of the Port.
    (6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth K-1 or K-2 without the permission of the 
Captain of the Port.
    (7) Anchorage N. Portions of this anchorage are a special anchorage 
area under Sec. 110.72aa of this part during marine events regulated 
under Sec. 100.501 of this chapter.
    (8) Anchorage O. (i) A vessel may not anchor in Anchorage O unless 
it is a recreational vessel.
    (ii) No float, raft, lighter, houseboat, or other craft may be laid 
up for any

[[Page 494]]

reason in Anchorage O without the permission of the Captain of the Port.
    (9) Anchorage Q: Quarantine Anchorage. (i) A vessel that is arriving 
from or departing for sea and that requires an examination by public 
health, customs, or immigration authorities shall anchor in Anchorage Q. 
Vessels not needing examination may use Anchorage Q at any time.
    (ii) Every vessel using Anchorage Q must be prepared to move 
promptly under its own power to another location when directed by the 
Captain of the Port, and must promptly vacate Anchorage Q after being 
examined and released by authorities.
    (iii) Any non-self-propelled vessel using Anchorage Q must have a 
tugboat in attendance while undergoing examination by quarantine, 
customs, or immigration authorities, except with the permission of the 
Captain of the Port.

[CGD05-04-043, 70 FR 29955, May 25, 2005]



Sec. 110.170  Lockwoods Folly Inlet, N.C.

    (a) Explosives Anchorage. Beginning at a point southeast of 
Shallotte Inlet at latitude 33[deg]52[min]31[sec], longitude 
78[deg]18[min]49[sec]; thence south to latitude 33[deg]51[min]31[sec], 
longitude 78[deg]18[min]42[sec]; thence east to latitude 
33[deg]51[min]51[sec], longitude 78[deg]14[min]35[sec]; thence north to 
latitude 33[deg]52[min]52[sec], longitude 78[deg]14[min]40[sec]; thence 
west to the point of beginning.
    (b) General regulations. (1) This anchorage is reserved for the 
exclusive use of vessels carrying explosives.
    (2) Vessels in this anchorage shall not anchor closer than 1,500 
yards to one another. This provision is not intended to prohibit barges 
or lighters from lying alongside vessels for transfer of cargo.
    (3) The maximum quantity of explosives aboard any vessel that may be 
in this anchorage is 8,000 tons.
    (4) Nothing in this section shall be construed as relieving the 
owner, master, or person in charge of any vessel from the penalties of 
the law for obstructing navigation or for not complying with the 
navigation laws in regard to lights, fog signals, etc.

[CGFR 69-1, 34 FR 839, Jan. 18, 1969]



Sec. 110.173  Port of Charleston, SC.

    (a) The anchorage grounds--(1) Commercial Anchorage A. This 
anchorage is located adjacent to the western edge of Folly Island 
Channel and southwest of Rebellion Reach and is bounded by the following 
coordinates:

32[deg]45[min]34[sec] N., 79[deg]52[min]12[sec] W.; to
32[deg]46[min]17[sec] N., 79[deg]53[min]21[sec] W.; to
32[deg]45[min]51[sec] N., 79[deg]53[min]23[sec] W.; to
32[deg]45[min]34[sec] N., 79[deg]52[min]55[sec] W.; thence back to
32[deg]45[min]34[sec] N., 79[deg]52[min]12[sec] W.

    (2) Commercial Anchorage B. This anchorage is located adjacent to 
the south side of South Channel and bounded by the following 
coordinates:

32[deg]45[min]28[sec] N., 79[deg]53[min]40[sec] W.; to
32[deg]45[min]28[sec] N., 79[deg]54[min]46[sec] W.; to
32[deg]45[min]19[sec] N., 79[deg]54[min]46[sec] W.; to
32[deg]45[min]12[sec] N., 79[deg]54[min]06[sec] W.; to
32[deg]45[min]16[sec] N., 79[deg]53[min]40[sec] W.; thence back to
32[deg]45[min]28[sec] N., 79[deg]53[min]40[sec] W.

    (3) Commercial Anchorage C. This anchorage is located 1800 yards, 
118[deg] true from St. Michaels Church Spire and has a diameter of 500 
yards. Vessels using this anchorage must anchor in the center.
    (4) Commercial Anchorage D. This anchorage is located 51[deg]30[min] 
true, 1375 yards from St. Michaels Church Spire and has a diameter of 
1400 feet. The use of this anchorage is limited to loaded vessels for a 
period of not more than 24 hours.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the main ship channels as defined by broken 
lines marking their boundaries on NOAA Chart 11524. Vessels must be 
anchored in such a way as not to interfere with the free navigation of 
channels in the port, including Cooper, Ashley, Wando Rivers, and Town 
Creek, nor to obstruct the approach to any pier or entrance to any slip, 
nor to impede the movement of any vessel or craft.
    (2) Vessels using the anchorages opposite the eastern waterfront of 
Charleston shall place their anchors as near as possible in the center 
of the anchorage. Vessels not using a designated commercial anchorage 
shall not place their anchors within the main ship channels, nor shall 
be so anchored as to swing within 400 feet of any wharf or pier on the 
eastern waterfront of

[[Page 495]]

Charleston. Vessels may be so anchored as to swing into the main ship 
channels only if they are so placed with reference to the customary 
winds, tides, and currents of the harbor, as to swing only during slack 
water, and that during this period there shall remain in the waters 
adjacent to the channel an area of sufficient depth as to permit the 
safe passage of loaded vessels.
    (3) No vessel may anchor within the designated anchorages for more 
than 72 hours without the prior approval of the Captain of the Port.
    (4) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (5) If any anchored vessel is so close to another that a collision 
is probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (6) No vessel may anchor unless it maintains the capability to get 
underway within 4 hours.
    (7) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (8) Dragging of anchors in or across main ship channels and cable 
areas is prohibited.
    (9) Vessels which, through force of great emergency, are anchored 
contrary to the foregoing regulations in this section shall be shifted 
to new berths in accordance with such regulations at the earliest 
opportunity.
    (10) A vessel, upon notification from the Captain of the Port to 
shift its position in anchorage grounds must get underway at once or 
signal for a tug, and must change position as directed with reasonable 
promptness.
    (11) No vessel may conduct lightering operations in an anchorage 
without permission from the Captain of the Port.
    (12) When the use of an anchorage is required by naval vessels, the 
vessels anchored therein shall move when the Captain of the Port directs 
them.
    (13) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of law for 
obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, etc.

[CGD7 83-15, 49 FR 26587, June 28, 1984]



Sec. 110.179  Skidaway River, Isle of Hope, Ga.

    (a) The anchorage ground. An area in Skidaway River beginning at a 
point on the mean low water line 400 feet south of Brady Boat Works, 
thence 76[deg]30[min], 300 feet to a buoy; thence 152[deg]30[min], 900 
feet to a buoy; thence 251[deg]00[min], 450 feet to the mean low water 
line at Wymberly Yacht Club dock.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessels shall anchor in Skidaway River between the north end of Barbee's 
dock and southward to Day Marker 48 except in the anchorage area hereby 
defined and established: Provided, however, That vessels may moor to any 
lawfully constructed wharf.
    (2) Except in cases of great emergency, no vessel shall be anchored 
where it can swing within 50 feet of any lawfully constructed wharf or 
within 50 feet of the mean low water line, nor shall any vessel be so 
anchored that any portion of the hull or rigging shall at any time 
extend outside the boundary of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside the anchorage area should be placed in such a position as not to 
interfere with the free navigation of the channel nor obstruct the 
approach to any lawfully constructed wharf nor impede the movement of 
any boat, and shall move away immediately after the emergency ceases or 
upon notification of the District Commander.
    (4) No vessels with an overall length greater than 65 feet will use 
the anchorage area except in cases of great emergency.
    (5) Vessels operating within the anchorage area will not exceed a 
speed of five (5) miles per hour.



Sec. 110.182  Atlantic Ocean off Fort George Inlet, near Mayport, Fla.

    (a) The Anchorage areas--(1) Anchorages for aircraft carriers and 
other deep draft vessels. Four circular areas each

[[Page 496]]

with a radius of 600 yards and with their centers located at: ``A''--
latitude 30[deg]25[min]35[sec], longitude 81[deg]21[min]23[sec]; ``B''--
latitude 30[deg]26[min]13[sec], longitude 81[deg]21[min]13[sec]; ``C''--
latitude 30[deg]26[min]19[sec], longitude 81[deg]20[min]27[sec]; ``D''--
latitude 30[deg]26[min]55[sec], longitude 81[deg]20[min]47[sec].
    (2) Anchorages for destroyers and other ships of similar size. Six 
circular areas each with a radius of 300 yards and with their centers 
located at: ``1''--latitude 30[deg]24[min]38[sec]; longitude 
81[deg]21[min]57[sec]; ``2''--latitude 30[deg]24[min]57[sec], longitude 
81[deg]21[min]58[sec]; ``3''--latitude 30[deg]24[min]56[sec], longitude 
81[deg]21[min]38[sec]; ``4''--latitude 30[deg]25[min]13[sec], longitude 
81[deg]22[min]05[sec]; ``5''--latitude 30[deg]25[min]13[sec], longitude 
81[deg]21[min]43[sec]; ``6''--latitude 30[deg]25[min]07[sec], longitude 
81[deg]21[min]24[sec].
    (3) Explosives anchorage. The circular area ``A'' described in 
paragraph (a)(1) of this section is also designated as an explosives 
anchorage for use during periods when ammunition must be handled outside 
the limits of the U.S. Naval Station, Mayport, Fla.
    (b) The regulations for all designated areas. (1) Usage of these 
areas by naval vessels shall predominate only when necessary for 
military requirements; at such times other vessels shall remain clear of 
the areas.
    (2) Prudent assignment of the anchorage areas shall be made by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla.
    (c) Additional regulations for Explosives Anchorage Area ``A''. (1) 
When occupied by a vessel handling explosives, no other vessel may enter 
the area unless authorized by the enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time. A patrol craft shall be utilized to assure that other vessels 
remain clear when explosives are exposed or being transferred to and 
from the anchorage.
    (3) No more than 500,000 pounds net high explosives or equivalent 
may be exposed in the area at any one time.
    (d) The regulations in this section shall be enforced by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla., or other agencies 
that he may designate.



Sec. 110.183  St. Johns River, Florida.

    (a) The anchorage grounds--(1) Anchorage A. (Upper Anchorage) The 
Anchorage is established within the following coordinates, the area 
enclosed by a line starting at the south shore westerly of the entrance 
to Miller Creek at

30[deg]18[min]43.8[sec] N, 081[deg]38[min]15.0[sec] W; thence to
30[deg]18[min]52.8[sec] N, 081[deg]38[min]15.0[sec] W; thence to
30[deg]18[min]47.6[sec] N, 081[deg]37[min]47.6[sec] W; thence to
30[deg]18[min]55.0[sec] N, 081[deg]37[min]29.0[sec] W; thence to
30[deg]19[min]06.0[sec] N, 081[deg]37[min]27.0[sec] W; thence to
30[deg]19[min]06.0[sec] N, 081[deg]37[min]02.0[sec] W; thence to
30[deg]19[min]01.2[sec] N, 081[deg]37[min]02.0[sec] W; thence returning 
to the point of beginning.

    (2) Anchorage B. (Lower Anchorage) The Anchorage is established 
within the following coordinates, the area enclosed by a line starting 
at a point on the eastern shore of the river at `Floral Bluff' at

30[deg]21[min]00.0[sec] N, 081[deg]36[min]41.0[sec] W; thence to
30[deg]20[min]00.0[sec] N, 081[deg]37[min]03.0[sec] W; thence to
30[deg]21[min]00.0[sec] N, 081[deg]37[min]06.0[sec] W; thence to
30[deg]21[min]50.0[sec] N, 081[deg]36[min]56.0[sec] W; thence to
30[deg]21[min]54.0[sec] N, 081[deg]36[min]48.0[sec] W; thence returning 
    to the point of beginning.

    (b) The regulations. (1) Except in cases of emergency, only vessels 
meeting the conditions and restrictions of this paragraph will be 
authorized by the Captain of the Port to anchor in the St. Johns River, 
as depicted on NOAA chart 11491, between the entrance buoy (STJ) and the 
Main Street Bridge (in position 30[deg]19[min]20[sec] N, 
81[deg]39[min]32[sec] W). Vessels unable to meet any of the following 
conditions and restrictions must obtain specific authorization from the 
Captain of the Port prior to anchoring in Anchorage A or B.
    (2) All vessels intending to enter and anchor in Anchorage A or B 
shall notify the Captain of the Port prior to entering.
    (3) Anchorages A and B are temporary anchorages. Additionally, 
Anchorage B is used as a turning basin. Vessels may not anchor for more 
than 24 hours in either anchorage without specific written authorization 
from the Captain of the Port.
    (4) All vessels at anchor must maintain a watch on VHF-FM channels 
13 and 16 by a person fluent in English, and shall make a security 
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
    (5) Anchorage A is restricted to vessels less than 250 feet in 
length.

[[Page 497]]

    (6) Anchorage B is restricted to vessels with a draft of 24 feet or 
less, regardless of length.
    (7) Any vessel transferring petroleum products within Anchorage B 
shall have a pilot or Docking Master aboard, and employ sufficient 
assist tugs to assure the safety of the vessel at anchor and any vessels 
transiting the area.
    (8) Any vessel over 300 feet in length within Anchorage B shall have 
a Pilot or Docking Master aboard, and employ sufficient assist tugs to 
assure the safety of the vessel at anchor and any vessels transiting the 
area.

[CGD07-93-035, 60 FR 14220, Mar. 16, 1995, as amended by CGD07-99-023, 
64 FR 42279, Aug. 4, 1999]



Sec. 110.185  Atlantic Ocean, off the Port of Palm Beach, FL.

    (a) The anchorage grounds. (1) Anchorage A. The waters lying within 
an area bounded by a line beginning at latitude 26[deg]50[min]00[sec] 
N., longitude 80[deg]01[min]12[sec] W.; thence westerly to latitude 
26[deg]50[min]00[sec] N., longitude 80[deg]01[min]30[sec] W.; thence 
southerly to latitude 26[deg]47[min]30[sec] N., longitude 
80[deg]01[min]30[sec] W.; thence easterly to latitude 
26[deg]47[min]30[sec] N., longitude 80[deg]01[min]12[sec] W.; and thence 
northerly to the point of beginning.
    (2) Anchorage B. The waters lying within an area bounded by a line 
beginning at latitude 26[deg]45[min]06[sec] N., longitude 
80[deg]01[min]12[sec] W.; thence westerly to latitude 
26[deg]45[min]06[sec] N., longitude 80[deg]01[min]42[sec] W.; thence 
southerly to latitude 26[deg]43[min]48[sec] N., longitude 
80[deg]01[min]42[sec] W.; thence easterly to latitude 
26[deg]43[min]48[sec] N., longitude 80[deg]01[min]12[sec] W.; and thence 
northerly to the point of beginning.
    (b) The regulations. (1) Vessels in the Atlantic Ocean near Lake 
Worth Inlet awaiting berthing space at the Port of Palm Beach, shall 
only anchor within the anchorage areas hereby defined and established, 
except in cases of great emergency.
    (2) Vessels anchoring under circumstances of great emergency outside 
the anchorage areas shall be shifted to new positions within the 
anchorage areas immediately after the emergency ceases.

[CGD 7-85-10, 51 FR 11726, Apr. 7, 1986]



Sec. 110.186  Port Everglades, Florida.

    (a) The anchorage grounds. (1) Anchorage A. A rectangular area the 
center of which is approximately two miles northeast of the entrance to 
Port Everglades with the following NAD 83 coordinates:

26[deg]07[min]46[sec] N.            80[deg]04[min]51[sec] W.
26[deg]07[min]46[sec] N.            80[deg]05[min]01[sec] W.
26[deg]06[min]20[sec] N.            80[deg]05[min]01[sec] W.
26[deg]06[min]20[sec] N.            80[deg]05[min]10[sec] W.
 

    (2) Anchorage B. An area bounded by a line connecting points with 
the following NAD 83 coordinates:

26[deg]07[min]16[sec] N.            80[deg]04[min]38[sec] W.
26[deg]07[min]56[sec] N.            80[deg]04[min]34[sec] W.
26[deg]07[min]56[sec] N.            80[deg]02[min]42[sec] W.
26[deg]07[min]16[sec] N.            80[deg]02[min]54[sec] W.
 

    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean in 
the vicinity of Port Everglades shall anchor only within the anchorage 
area hereby defined and established, except in cases of emergency.
    (2) Prior to entering the anchorage area, all vessels shall notify 
the Coast Guard Captain of the Port, via the Port Everglades 
Harbormaster, on VHF-FM Channel 14.
    (3) All vessels within the anchorage area shall maintain a 24-hour 
bridge watch by an English speaking licensed deck officer monitoring 
VHF-FM channel 16. This individual shall perform frequent checks of the 
vessel's position to ensure the vessel is not dragging anchor.
    (4) Vessels experiencing casualties such as a main propulsion, main 
steering or anchoring equipment malfunction or which are planning to 
perform main propulsion engine repairs or maintenance, shall immediately 
notify the Coast Guard Captain of the Port via the Coast Guard Group 
Miami on VHF-FM Channel 16.
    (5) The Coast Guard Captain of the Port may close the anchorage area 
and direct vessels to depart the anchorage during periods of adverse 
weather or at other times as deemed necessary in the interest of port 
safety.
    (6) Commercial vessels anchoring under emergency circumstances 
outside the anchorage area shall shift to new positions within the 
anchorage

[[Page 498]]

area immediately after the emergency ceases.

[CGD 07-91-060, 58 FR 36356, July 7, 1993;CGD 07-99-003, 64 FR 20177, 
Apr. 26, 1999]



Sec. 110.188  Atlantic Ocean off Miami and Miami Beach, Fla.

    (a) The anchorage grounds. The area to the eastward of a line 
bearing 12[deg] (N. 12[deg] E.) through a point X, which is 1\1/2\ 
nautical miles due east of the intersection of the Miami Beach shore 
line with the north jetty; to the northward of a line bearing 102[deg] 
(S. 78[deg] E.) and intersecting the 12[deg] line at a point A, one-half 
nautical mile north of the said point X; and to the southward of a line 
bearing 102[deg] (S. 78[deg] E.) and intersecting the 12[deg] line at a 
point B, 2\1/2\ nautical miles north of the said point X. The northern 
and southern extremities of the 12[deg] line are marked by spar buoys. 
The entire anchorage area lies north of the entrance channel to Miami 
Harbor.
    (b) The rules and regulations. (1) Except in cases of great 
emergency, no vessel shall be anchored in the Atlantic Ocean in the 
vicinity of the entrances to the approach channels leading to the cities 
of Miami Beach and Miami, Fla., outside of the anchorage area hereby 
defined and established--that is, they shall not anchor shoreward of the 
line first named nor southward of the second nor northward of the third 
line--but may anchor as far to the eastward as may be desired.
    (2) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage area shall be shifted to new berths within the 
area immediately after the emergency ceases.
    (3) All vessels shall lie at anchor with as short a cable as 
conditions will permit.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on the anchorage ground must get under way at 
once or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, U.S. Coast Guard, Miami, 
Fla., is hereby empowered to shift the position of any vessel anchored 
on the anchorage ground or outside thereof, or of any vessel moored or 
anchored so as to impede or obstruct vessel movements or obstruct or 
interfere with range lights.
    (6) Vessels carrying explosives shall be anchored only under a 
written permit issued by the Captain of the Port and at such point as he 
may direct.
    (7) Vessels carrying explosives shall be at all times in charge of a 
competent person, and must display by day a red flag, of not less than 
16 square feet, at the masthead, or not less than 10 feet above the 
upper deck if the vessel has no mast; at night a red light shall be 
displayed in the positions specified for the red flag.
    (8) Nothing in this paragraph shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or other aids to navigation, or for otherwise 
violating law.
    (9) All vessels desiring to use the Anchorage must notify the Coast 
Guard Captain of the Port, via the Biscayne Bay Pilots on VHF-FM Channel 
12 or 16.
    (10) All vessels anchored within the anchorage area shall maintain a 
24-hour bridge watch by an English speaking licensed deck officer 
monitoring VHF-FM Channel 16. This individual shall perform frequent 
checks of the vessel's position to ensure the vessel is not dragging 
anchor.
    (11) Vessels experiencing casualties such as a main propulsion, main 
steering or anchoring equipment malfunction or which are planning to 
perform main propulsion engine repairs or maintenance, shall immediately 
notify the Coast Guard Captain of the Port via the Coast Guard Group 
Miami on VHF-FM Channel 16.
    (12) The Coast Guard Captain of the Port may close the anchorage 
area and direct vessels to depart the anchorage during periods of 
adverse weather or at other times as deemed necessary in the interest of 
port safety.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD07-99-002, 64 
FR 22554, Apr. 27, 1999]

[[Page 499]]



Sec. 110.189a  Key West Harbor, Key West, Fla., naval explosives anchorage area.

    (a) The anchorage ground. A circular area with its center at 
latitude 24[deg]30[min]50.6[sec], longitude 81[deg]50[min]31.6[sec] with 
a radius of 300 yards, for use for ammunition exceeding the prescribed 
limits for pier-side handling.
    (b) The regulations. (1) When occupied by a vessel handling 
explosives, no other vessel may enter the area unless authorized by the 
enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time.
    (3) No more than 300,000 pounds net of high explosives or equivalent 
may be handled in the area at any one time.
    (4) The regulations in this section shall be enforced by the 
Commander, U.S. Naval Base, Key West, Fla., and any other agencies he 
may designate.



Sec. 110.190  Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.

    (a) The anchorage grounds. All of Bird Key Harbor, southwest of 
Garden Key, bounded by the surrounding reefs and shoals and, on the 
northeast, by a line extending from Fort Jefferson West Channel 
Daybeacon 2 to Fort Jefferson West Channel Daybeacon 4, thence to Fort 
Jefferson West Channel Daybeacon 6, and thence to Fort Jefferson West 
Channel Daybeacon 8.
    (b) The regulations. Except in cases of emergency involving danger 
to life or property, no vessel engaged in commercial fishing or 
shrimping shall anchor in any of the channels harbors, or lagoons in the 
vicinity of Garden Keys, Bush Key, or the surrounding shoals, outside of 
Bird Key Harbor.



Sec. 110.193  Tampa Bay, Fla.

    (a) The anchorage grounds--(1) Explosives anchorage east of Mullet 
Key. A rectangular area in Tampa Bay, approximately 4,459 yards long and 
1,419 yards wide, beginning at latitude 27[deg]38[min]30[sec], longitude 
82[deg]39[min]09[sec], and extending northeasterly to latitude 
27[deg]39[min]48[sec], longitude 82[deg]37[min]15[sec]; thence 
southeasterly to latitude 27[deg]39[min]17[sec], longitude 
82[deg]36[min]46[sec]; thence southwesterly to latitude 
27[deg]37[min]52[sec], longitude 82[deg]38[min]38[sec]; thence 
northwesterly to the point of beginning.
    (2) Temporary explosives anchorage south of Interbay Peninsula. 
Beginning at a point bearing 107[deg], 1,750 yards from Cut ``F'' Range 
Front Light; thence to a point bearing 125[deg], 2,050 yards, from Cut 
``F'' Range Front Light; thence to a point bearing 180[deg], 1,725 
yards, from Cut ``F'' Range Front Light; thence to a point bearing 
222[deg], 2,180 yards, from Cut ``F'' Range Front Light; thence to a 
point bearing 251[deg], 1,540 yards, from Cut ``F'' Range Front Light; 
and thence to the point of beginning.
    (3) Temporary explosives anchorage off Port Tampa. A circular area 
with a radius of 200 yards with the point at latitude 
27[deg]50[min]22[sec], longitude 82[deg]34[min]15[sec].
    (4) Quarantine Anchorage. Southeast of the temporary explosive 
anchorage, beginning at a point bearing 97[deg] true, 4,370 yards, from 
Cut ``F'' Range Front Light; thence to a point bearing 113[deg]30[min], 
5,370 yards, from Cut ``F'' Range Front Light; thence to a point bearing 
161[deg]30[min], 3,770 yards, from Cut ``F'' Range Front Light; thence 
to a point bearing 163[deg]30[min], 2,070 yards, from Cut ``F'' Range 
Front Light; thence to the point of beginning.
    (5) Barge Fleeting Area, Hillsborough Bay. Located 400 feet west of 
Cut ``D'' Channel at a point beginning at latitude 
27[deg]54[min]34[sec], longitude 82[deg]26[min]35[sec]; thence northerly 
1,000 feet to latitude 27[deg]54[min]43[sec], longitude 
82[deg]26[min]40[sec]; thence westerly 500 feet to latitude 
27[deg]54[min]41[sec], longitude 82[deg]26[min]45[sec]; thence southerly 
1,000 feet to latitude 27[deg]54[min]32[sec], longitude 
82[deg]26[min]40[sec]; thence easterly 500 feet to the point of 
beginning.

    Note: This area is reserved for transient barges only. Barges shall 
not occupy this anchorage for a period longer than 96 hours unless 
permission is obtained from the Captain of the Port for this purpose.

    (b) The regulations. (1) The explosives anchorage east of Mullet Key 
shall be used by vessels awaiting loading or unloading at Port Tampa 
that have explosives actually on board and where the duration of 
anchorage will exceed 72 hours.
    (2) The temporary explosives anchorages south of Interbay Peninsula 
and off Port Tampa shall be used for vessels engaged in loading 
explosives when the

[[Page 500]]

duration of the anchorage is less than 72 hours.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-62, 34 FR 
11582, July 15, 1969; 34 FR 12255, July 15, 1969]



Sec. 110.193a  St. Joseph Bay, Fla.

    (a) The anchorage grounds--(1) Explosives Anchorage Area 1. A 
rectangular area 3,000 yards long by 700 yards wide beginning at a point 
1,350 yards west of U.S. Highway 98 Bridge over Gulf County Canal. The 
area is parallel to and 450 yards northeast of the north entrance 
channel to Port St. Joe, Florida.
    (2) Explosives Anchorage Area 2. A circular area with a 500-yard 
radius around a center point located at latitude 29[deg]47[min]30[sec]; 
longitude 85[deg]21[min]30[sec], 3,100 yards southeast of FW South 
Channel Light and 5,250 yards south of FW North Channel Light, in St. 
Joseph Bay, Port St. Joe, Florida.
    (b) The regulations. (1) The explosives anchorage areas shall be 
used as temporary anchorage for vessels engaged in loading and unloading 
explosives at the port of Port St. Joe, Florida, when the duration of 
the anchorage period is less than 96 hours.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec. 110.194  Mobile Bay, Ala., at entrance.

    (a) The anchorage grounds. The waters within a radius of 750 yards 
from a point located 1,000 yards true north from Fort Morgan Light.
    (b) The regulations. (1) This anchorage shall be used by vessels 
loading or discharging high explosives. It shall also be used by vessels 
carrying dangerous or inflammable cargoes requiring an anchorage. It may 
be used for a general anchorage when not required for vessels carrying 
explosives or dangerous or inflammable cargoes.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec. 110.194a  Mobile Bay, Ala., and Mississippi Sound, Miss.

    (a) The anchorage grounds. (1) The waters of lower Mobile Bay, near 
Cedar Point, within an area bounded on the north by latitude 
30[deg]21[min]00[sec], on the east by longitude 88[deg]05[min]00[sec], 
on the south by latitude 30[deg]20[min]00[sec], and on the west by 
longitude 88[deg]06[min]00[sec].
    (2) The waters of Mississippi Sound, south of Biloxi, within an area 
bounded on the north by latitude 30[deg]20[min]00[sec], on the east by 
longitude 88[deg]54[min]00[sec], on the south by latitude 
30[deg]19[min]00[sec], and on the west by longitude 
88[deg]55[min]00[sec].
    (b) The regulations. (1) The anchorages are exclusively for the use 
of unmanned barges, canal boats, scows, and other nondescript vessels. 
Such craft shall be so anchored that they will not at any time extend 
outside the limits of the anchorages.
    (2) In emergencies or whenever maritime or commercial interests of 
the United States so require, the Captain of the Port is authorized to 
shift the position of any craft in the anchorages.
    (3) Whenever in the opinion of the Captain of the Port, such action 
may be necessary, any or all craft in these anchorages may be required 
to be moored with two or more anchors.
    (4) No vessel shall be navigated within the anchorages at a speed 
exceeding six knots.



Sec. 110.194b  Mississippi Sound and Gulf of Mexico, near Petit Bois Island, Miss.

    (a) The anchorage grounds--(1) Explosives Anchorage Area No. 1. A 
circular area with a one-half mile radius with its center located at 
latitude 30[deg]14[min]09[sec], longitude 88[deg]29[min]13[sec], in the 
waters of Mississippi Sound north of the west end of Petit Bois Island.
    (2) Explosives Anchorage Area No. 2. A circular area with a three-
fourths mile radius with its center located at latitude 
30[deg]11[min]12[sec], longitude 88[deg]30[min]07[sec], in the waters of 
Gulf of Mexico south of the west end of Petit Bois Island.
    (b) The regulations. (1) The areas shall be used as temporary 
anchorages for vessels engaged in loading and unloading explosives at 
the Port of Pascagoula, Miss.
    (2) No vessel shall occupy the areas without obtaining a permit from 
the Captain of the Port.



Sec. 110.195  Mississippi River below Baton Rouge, LA, including South and Southwest Passes.

    (a) The Anchorage Grounds. Unless otherwise specified, all anchorage

[[Page 501]]

widths are measured from the average low water plane (ALWP).
    (1) Pilottown Anchorage. An area 5.2 miles in length along the right 
descending bank of the river from mile 1.5 to mile 6.7 above Head of 
Passes, extending in width to 1600 feet from the left descending bank of 
the river.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    (2) Lower Venice Anchorage. An area 1.6 miles in length along the 
left descending bank of the river from mile 8.0 to mile 9.6 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.

    Caution: A pipeline crossing exists at mile 9.8 AHOP. Mariners are 
urged to use caution between mile 9.6 AHOP and mile 10.0 AHOP.

    (3) Upper Venice Anchorage. An area 1.2 miles in length along the 
left descending bank of the river from mile 10.0 to mile 11.2 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.
    (4) Boothville Anchorage. An area 5.5 miles in length along the 
right descending bank of the river extending from mile 13.0 to mile 18.5 
above Head of Passes. The width of the anchorage is 750 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 250 
feet from the water's edge into the river as measured from the Low Water 
Reference Plane (LWRP). The outer boundary of the anchorage is a line 
parallel to the nearest bank 1,000 feet from the water's edge into the 
river as measured from the LWRP.
    (5) Ostrica Anchorage. An area 1.4 miles in length along the right 
descending bank of the river extending from mile 23.0 to mile 24.4 above 
Head of Passes. The width of the anchorage is 800 feet.
    (6) Port Sulphur Anchorage. An area 2.2 miles in length along the 
left descending bank of the river, 800 feet wide, extending from mile 
37.5 to mile 39.7 above Head of Passes.
    (7) Magnolia Anchorage. An area 2.1 miles in length along the right 
descending bank of the river extending from mile 45.5 to mile 47.6 above 
Head of Passes. The width of the anchorage is 700 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,100 feet from the water's edge into the river as measured from the 
LWRP.
    (8) Point Celeste Anchorage. An area 2.2 miles in length along the 
right descending bank of the river extending from mile 49.8 to mile 52.0 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (9) Davant Anchorage. An area 1.1 miles in length along the left 
descending bank of the river extending from mile 52.8 to mile 53.9 above 
Head of Passes. The width of the anchorage is 800 feet.
    (10) Alliance Anchorage. An area 2.0 miles in length along the right 
descending bank of the river extending from mile 63.8 to mile 65.8 above 
Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (11) Wills Point Anchorage. An area 1.1 miles in length along the 
left descending bank of the river extending from mile 66.5 to mile 67.6 
above Head of Passes. The width of the anchorage is 600 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 200 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (12) Cedar Grove Anchorage. An area 1.2 miles in length along the 
right descending bank of the river extending from mile 69.9 to mile 71.1 
above Head

[[Page 502]]

of Passes. The width of the anchorage is 500 feet. The inner boundary of 
the anchorage is a line parallel to the nearest bank 200 feet from the 
water's edge into the river as measured from the LWRP. The outer 
boundary of the anchorage is a line parallel to the nearest bank 700 
feet from the water's edge into the river as measured from the LWRP.
    (13) Belle Chasse Anchorage. An area 2.1 miles in length along the 
right descending bank of the river extending from mile 73.1 to mile 75.2 
above Head of Passes. The width of the anchorage is 575 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 425 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,000 feet from the water's edge into the river as measured from the 
LWRP.
    (14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length 
along the right descending bank of the river extending from mile 78.6 to 
mile 80.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 300 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length along 
the right descending bank of the river extending from mile 82.7 to mile 
85.0 above Head of Passes. The width of the anchorage is 500 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
300 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 800 feet from the water's edge into the river as measured from the 
LWRP.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    (16) New Orleans Emergency Anchorage. An area 0.5 miles in length 
along the right descending bank of the river extending from mile 89.6 to 
mile 90.1 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.

    Note: No vessel shall occupy this anchorage unless expressly 
authorized by the Captain of the Port. No vessel may anchor in this 
anchorage exceeding 24 hours without the authorization of the Captain of 
the Port.

    (17) New Orleans General Anchorage. An area 0.8 miles in length 
along the right descending bank of the river extending from mile 90.1 to 
mile 90.9 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (18) Quarantine Anchorage. An area 0.7 miles in length along the 
right descending bank of the river extending from mile 90.9 to mile 91.6 
above Head of Passes. The width of the anchorage is 800 feet.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    Note: Vessels carrying cargos of particular hazard as defined in 33 
CFR 126.10 or cargos of petroleum products in bulk may not be anchored 
in the New Orleans General Anchorage or the Quarantine Anchorage without 
permission from the Captain of the Port.

    Except when required by the United States Public Health Service for 
quarantine inspection, the Quarantine Anchorage may be used as a general 
anchorage.

    (19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along 
the right descending bank of the river extending from mile 113.3 to mile 
114.3 above Head of Passes. The width of the anchorage is 350 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
350 feet from the water's edge into the river as measured from the

[[Page 503]]

LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (20) Kenner Bend Anchorage. An area 0.9 miles in length along the 
right descending bank of the river extending from mile 114.7 to mile 
115.6 above Head of Passes. The width of the anchorage is 700 feet.
    (21) Ama Anchorage. An area 1.8 miles in length along the left 
descending bank of the river extending from mile 115.5 to mile 117.3 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
700 feet from the water's edge into the river as measured from the LWRP.

    Caution: A wreck is located at mile 115.4 left descending bank above 
Head of Passes marked by Mississippi River Wreck Lighted Buoy WR4. 
Mariners are urged to use caution when anchoring in the lower end of 
this anchorage.

    (22) Bonnet Carre Anchorage. An area 1.5 miles in length along the 
left descending bank of the river extending from mile 127.3 to mile 
128.8 above Head of Passes. This area is located adjacent to the river 
end of the Bonnet Carre Spillway. The width of the anchorage is 600 
feet.

    Note: When the Bonnet Carre Spillway is open, no vessel may be 
anchored in the Bonnet Carre Anchorage.

    (23) La Place Anchorage. An area 0.7 miles in length along the left 
descending bank of the river extending from mile 134.7 to mile 135.4 
above Head of Passes. The width of the anchorage is 600 feet.
    (24) Reserve Anchorage. An area 0.5 miles in length along the right 
descending bank of the river extending from mile 137.0 to mile 137.5 
above Head of Passes. The width of the anchorage is 500 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (25) Lower Grandview Reach Anchorage. An area 0.3 miles in length 
along the left descending bank of the river extending from mile 146.4 to 
mile 146.7 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
for the LWRP.
    (26) Middle Grandview Reach Anchorage. An area 0.4 miles in length 
along the left descending bank of the river extending from mile 146.8 to 
mile 147.2 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (27) Upper Grandview Reach Anchorage. An area 1.3 miles in length 
along the left descending bank of the river extending from mile 147.5 to 
mile 148.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (28) Sunshine Anchorage. An area 2.0 miles in length along the left 
descending bank of the river extending from mile 165.0 to mile 167.0 
above Head of Passes. The width of the anchorage is 450 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 350 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.

[[Page 504]]

    (29) White Castle Anchorage. An area 0.7 miles in length along the 
right descending bank of the river extending from mile 190.4 to mile 
191.1 above Head of Passes. The width of the anchorage is 300 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
400 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 700 feet from the water's edge into the river as measured from the 
LWRP.
    (30) Baton Rouge General Anchorage. An area 1.5 miles in length 
along the right descending bank of the river, 1,400 feet wide, extending 
from mile 225.8 to mile 227.3 above Head of Passes.

    Caution: Two wrecks are located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near 
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having the 
width of 700 feet at both the upper and lower limits.
    (32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near 
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 700 feet at both the upper and lower limits.
    (33) Upper Baton Rouge Anchorage. An area 0.4 miles in length near 
mid-channel between mile 230.6 and mile 231.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 1,075 feet at the upper limit and 1,200 feet at the lower 
limit.
    (b) Temporary Anchorages. (1) Temporary anchorages are non-permanent 
anchorages established by the Commander, Eighth Coast Guard District to 
provide additional anchorage space. Establishment of temporary 
anchorages is based on recommendations by the Captain of the Port.
    (2) Each vessel using temporary anchorages shall anchor as 
prescribed by the Captain of the Port.
    (3) Establishment of each temporary anchorage and any requirement 
for the temporary anchorage will be published in the Local Notice of 
Mariners.
    (4) Each person who has notice of any requirement prescribed for a 
temporary anchorage shall comply with that requirement.
    (c) The Regulations. (1) Anchoring in the Mississippi River below 
Baton Rouge, LA., including South and Southwest Passes is prohibited 
outside of established anchorages except in cases of emergency. In an 
emergency, if it becomes necessary to anchor a vessel outside an 
established anchorage, the vessel shall be anchored so that it does not 
interfere with or endanger any facility or other vessel. The master or 
person in charge of the vessel shall notify the Captain of the Port of 
the location of the emergency anchoring by the most expeditious means 
and shall move the vessel as soon as the emergency is over.
    (2) In an emergency, if it becomes necessary to anchor a vessel in 
South Pass or Southwest Pass, the vessel shall be positioned as close to 
the left descending bank as possible.
    (3) No vessel may be anchored unless it maintains a bridge watch, 
guards and answers Channel 16 FM (or the appropriate VTS New Orleans 
sector frequency), maintains an accurate position plot and can take 
appropriate action to ensure the safety of the vessel, structure, and 
other vessels.
    (4) When anchoring individually, or in fleets, vessels shall be 
anchored with sufficient anchors, or secured with sufficient lines, to 
ensure their remaining in place and withstanding the actions of winds, 
currents and the suction of passing vessels.
    (5) No vessel may be anchored over revetted banks of the river or 
within any cable or pipeline area. The locations of revetted areas and 
cable and pipeline areas may be obtained from the District Engineer, 
Corps of Engineers, New Orleans, LA.
    (6) The intention to transfer any cargo while in an anchorage shall 
be reported to the Captain of the Port, giving particulars as to name of 
ships involved, quantity and type of cargo, and expected duration of the 
operation. The Captain of the Port shall be notified upon completion of 
operations.

[[Page 505]]

Cargo transfer operations are not permitted in the New Orleans General 
or Quarantine Anchorages. Bunkering and similar operations related to 
ship's stores are exempt from reporting requirements.

    Note: Activities conducted within a designated anchorage (e.g. cargo 
transfer, tank cleaning, stack blowing, etc.) may be restricted by other 
Federal, State or local regulations. Owners, or persons in charge of any 
vessel should consider all safety and/or environmental regulations prior 
to engaging in any activity within designated anchorages.

    (7) Vessels anchored in the Lower Kenner Bend Anchorage are 
prohibited from using or exercising the ship's hold cargo cranes. 
Vessels in this anchorage must keep the ship's hold cargo gear in the 
down and hawsed position, as rigged for sea transits. Deck-mounted 
cranes, deck booms and stiff legs may be used to take on ships stores 
and spare parts and may be used to move manifold hoses.
    (8) Nothing in this section relieves the owner or person in charge 
of any vessel from the penalties for obstructing or interfering with 
navigational aids or for failing to comply with the navigation laws for 
lights, day shapes, or fog signals and any other applicable laws and 
regulations.

[CGD 77-028, 46 FR 49850, Oct. 8, 1981, as amended by CGD 77-028, 47 FR 
12793, Mar. 25, 1982; CCGD 8-82-02, 47 FR 53367, Nov. 26, 1982; CCGD 8-
82-13, 48 FR 11269, Mar. 17, 1983; CCGD 8-82-19, 48 FR 53697, Nov. 29, 
1983; CGD 8-84-21, 50 FR 25710, June 21, 1985; CGD 8-83-10, 50 FR 26989, 
July 1, 1985; CGD8-85-02, 50 FR 30269, July 25, 1985; CGD8-87-06, 52 FR 
37614, Oct. 8, 1987; CGD8-88-17, 53 FR 50404, Dec. 15, 1988; CGD08-93-
021, 59 FR 13458, Mar. 22, 1994; CGD08-96-002, 61 FR 16712, Apr. 17, 
1996; CGD08-02-017, 68 FR 13630, Mar. 20, 2003; CGD08-05-016, 71 FR 
63247, Oct. 30, 2006]



Sec. 110.196  Sabine Pass Channel, Sabine Pass, Tex.

    (a) The anchorage area. The water bounded by a line connecting the 
following coordinates:

Latitude                             Longitude
29[deg]44[min]14[sec] N              93[deg]52[min]24[sec] W
29[deg]44[min]18[sec] N              93[deg]52[min]06[sec] W
29[deg]43[min]53[sec] N              93[deg]51[min]47[sec] W
29[deg]43[min]32[sec] N              93[deg]51[min]52[sec] W
------------------------------------------------------------------------

    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for naval and merchant vessels 
awaiting weather and tidal conditions favorable to the resumption of 
their voyages.
    (2) Except when stress of weather or adverse tides or currents make 
sailing impractical or hazardous, vessels shall not anchor in the 
anchorage area for periods exceeding 48 hours unless expressly 
authorized by the Captain of the Port to anchor for longer periods.
    (3) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from available anchorage spaces.
    (4) Anchors shall not be placed channelward from the anchorage area, 
and no portion of the hull or rigging of any anchored vessel shall 
extend channelward from the limits of the anchorage area.
    (5) Vessels using spuds for anchors shall anchor as close to shore 
as practicable having due regard for the provisions in paragraph (b)(3) 
of this section.
    (6) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place are prohibited.
    (7) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored or moored within or outside of the 
anchorage area including any vessel which is moored or anchored so as to 
obstruct navigation or interfere with range lights.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD08-06-26, 72 
FR 464, Jan. 5, 2007]



Sec. 110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

    (a)(1) Anchorage area (A). The water bounded by a line connecting 
the following points:

29[deg]20[min]48.5[sec] N           94[deg]42[min]54.0[sec] W
29[deg]20[min]43.0[sec] N           94[deg]44[min]46.5[sec] W
29[deg]21[min]15.0[sec] N           94[deg]44[min]27.0[sec] W
29[deg]21[min]05.0[sec] N           94[deg]42[min]52.0[sec] W
 

and thence to the point of beginning.

    (2) Anchorage area (B). The water bounded by a line connecting the 
following points:

29[deg]20[min]43.0[sec] N           94[deg]44[min]46.5[sec] W
29[deg]20[min]37.0[sec] N           94[deg]46[min]08.0[sec] W

[[Page 506]]

 
29[deg]21[min]14.0[sec] N           94[deg]45[min]50.0[sec] W
29[deg]21[min]15.0[sec] N           94[deg]44[min]27.0[sec] W
 

and thence to the point of beginning.

    (3) Anchorage area (C). The water bounded by a line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
29[deg]20[min]39.0[sec] N.................  94[deg]46[min]07.5[sec] W.
29[deg]21[min]06.1[sec] N.................  94[deg]47[min]00.2[sec] W.
29[deg]21[min]24.0[sec] N.................  94[deg]46[min]34.0[sec] W.
29[deg]21[min]14.5[sec] N.................  94[deg]45[min]49.0[sec] W.
------------------------------------------------------------------------


and thence to the point of beginning.
    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for vessels awaiting weather and 
other conditions favorable to the resumption of their voyages.
    (2) Except when stress of weather makes sailing impractical or 
hazardous, vessels shall not anchor in anchorage areas (A) or (C) for 
more than 48 hours unless expressly authorized by the Captain of the 
Port Houston-Galveston. Permission to anchor for longer periods may be 
obtained through Coast Guard Vessel Traffic Service Houston/Galveston on 
VHF-FM channels 12 (156.60 MHz) or 13 (156.65 MHz).
    (3) No vessel with a draft of less than 22 feet may occupy anchorage 
(A) without prior approval of the Captain of the Port.
    (4) No vessel with a draft of less than 16 feet may anchor in 
anchorage (C) without prior approval of the Captain of the Port Houston-
Galveston.
    (5) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors shall not be placed in the channel and no portion of the 
hull or rigging of any anchored vessel shall extend outside the limits 
of the anchorage area.
    (7) Vessels using spuds for anchors shall anchor as close to shore 
as practicable, having due regard for the provisions in paragraph (b)(5) 
of this section.
    (8) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place, are prohibited.
    (9) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, or his authorized 
representative, may direct the movement of any vessel anchored or moored 
within the anchorage areas.

[CCGD8-85-21, 55 FR 11369, Mar. 28, 1990, as amended by CGD08-02-018, 68 
FR 25497, May 13, 2003]



Sec. 110.205  Chicago Harbor, Ill.

    (a) The anchorage grounds--(1) Anchorage A, exterior breakwater. 
Southwest of a line parallel with and 150 feet southwestward of the 
exterior breakwater; west of a line parallel with and 150 feet west of 
the south extension of the exterior breakwater; northeast of a line 
parallel with and 1,500 feet southwestward of the exterior breakwater; 
and east of a line parallel with the south extension of the exterior 
breakwater and 500 feet eastward of the east face of the filtration 
plant.
    (2) Anchorage B, south arm. West of a line parallel with and 150 
feet west of the south arm of the exterior breakwater; north of a line 
perpendicular to the south arm at its south end; east of a line parallel 
with the south arm, about 2,200 feet therefrom and on line with the east 
face of the Municipal Pier; and south of a line perpendicular to the 
south arm 700 feet from its north end.
    (3) Anchorage C, shore arm. South of a line parallel with and 150 
feet southward of the shore arm of the exterior breakwater; west of a 
line parallel with the south extension of the exterior breakwater, 100 
feet westward of the east end of the shore arm; northwest of a line 
perpendicular to the Lake Shore Drive revetment and 300 feet northwest 
of the northwest corner of the filtration plant; and east of a line 
parallel with and 600 feet lakeward of the Lake Shore Drive revetment.
    (4) Anchorage D, Chicago Harbor Lock South. Beginning at a point 
35.5 feet South (16 feet South of the South face of the Southeast 
guidewall) and 28.0 feet West of the SE Guide Wall Light; thence 
Westerly and parallel to the guidewall 800 feet to a point that is 16 
feet South of the South face of the Southeast guidewall; thence 
Southerly 80 feet to a point that is 96 feet South of the South face of 
the Southeast guidewall; thence Easterly 800 feet to a

[[Page 507]]

point that is 96 feet South of the south face of the southeast 
guidewall; thence Northerly 80 feet to the point of beginning.
    (5) Anchorage E, Chicago Harbor Lock North. Beginning at a point 
156.75 feet North (16 feet North of the North face of the Northeast 
guidewall) and 590 feet West of the SE Guidewall Light; thence Westerly 
and parallel to the guidewall 600 feet to a point that is 16 feet North 
of the North face of the Northeast guidewall; thence Northerly 80 Feet 
to a point that is 96 feet North of the North face of the Northeast 
guidewall; thence Easterly 600 feet to a point that is North of the 
North face of the Northeast guidewall; thence Southerly 80 feet to the 
point of beginning.
    (b) The rules and regulations. (1) Except in cases of emergency, no 
vessel may be anchored in Chicago Harbor outside of the anchorage 
grounds in paragraph (a) of this section or the special anchorage areas 
prescribed in Sec. 110.83.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with the free 
navigation of the channel nor obstruct the approach to any pier nor 
impede the movement of any boat, and shall move away immediately after 
the emergency ceases, or upon notification by the Captain of the Port.
    (4) The maneuvering of a vessel by means of a dragged anchor, except 
within an established anchorage ground or in stress of weather or to 
avoid collision, is prohibited. Unnecessary maneuvering in any of the 
anchorage grounds is prohibited.
    (5) The directions of the Captain of the Port assigning vessels to 
parts of the anchorage grounds suitable to their draft, requiring 
vessels to anchor bow and stern, requiring shifting the anchorage of any 
vessel within any anchorage ground for the common convenience, or for 
otherwise enforcing this section, shall be promptly executed by owners, 
masters, and persons in charge of vessels.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (7) No vessel may use anchorages A, B, D, and E except commercial 
vessels operated for profit. No person may place floats or buoys for 
making moorings or anchors in place in anchorages A and B. No person may 
place fixed moorings piles or stakes in anchorages A and B. (Mooring 
facilities are available adjacent to the lakeside guidewalls of the 
Chicago Harbor Lock in anchorages D and E.) All vessels using anchorages 
D and E shall moor against pile clusters adjacent to the respective 
anchorage.
    Any time barges are moored in anchorage D or E, a manned towing 
vessel shall be present in one of these anchorages. Exceptions to this 
surveillance requirement are allowable for periods not to exceed one 
hour.
    (8) No commercial vessels operated for profit that measure 50 gross 
tons or more may anchor in anchorage C. Temporary floats or buoys for 
marking moorings or anchors in place may be used in anchorage C. No 
person may place a fixed mooring pile or stake in anchorage C.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-65a, 36 
FR 7967, Apr. 28, 1971; CGD9-85-01, 50 FR 29224, July 18, 1985]



Sec. 110.206  Detroit River, Michigan.

    (a) The Anchorage grounds. Belle Isle Anchorage. The area is in the 
Detroit River immediately downstream from Belle Isle on the U.S. side of 
the International Boundary line within the following boundaries: 
beginning at a point bearing 250 T, 5400 feet from the James Scott 
Memorial Fountain (42[deg]20[min]06[sec] N., 82[deg]59[min]57[sec] W.) 
at the West end of Belle Isle; then 251 T, 3000 feet; thence 341 T, 800 
feet; thence 071 T, 3000 feet; thence 161 T, 800 feet to the point of 
beginning.
    (b) The regulations. (1) Vessels shall be anchored so as not to 
swing into the channel or across steering courses.

[[Page 508]]

    (2) The Belle Isle Anchorage area is for the temporary use of 
vessels of all types, but especially for naval and merchant vessels 
awaiting berths, weather, or other conditions favorable to the 
resumptions of their voyage.
    (3) No vessel may be anchored unless it maintains a continuous 
bridge watch, guards and answers channel 16 FM and channel 12 FM (VTC 
SARNIA sector frequency), maintains an accurate position plot and can 
take appropriate action to ensure the safety of the vessel, structures 
and other vessels.
    (4) Vessels may not anchor in the Belle Isle Anchorage for more than 
72 hours without permission of the Captain of the Port of Detroit.

[CGD09 85-05, 51 FR 21357, June 12, 1986, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998]



Sec. 110.207  Cleveland Harbor, Ohio.

    (a) The anchorage grounds--(1) West anchorage. The northwesterly 
portion of the West Basin between the northwest limits of the West Basin 
and a line parallel to and 1,050 feet distant from the West Breakwater; 
and from the southwest limits of the West Basin to a line perpendicular 
to the West Breakwater, 2,050 feet southwesterly along the West 
Breakwater from Cleveland West Breakwater Light.
    (2) East anchorage. The southeasterly portion of the East Basin 
between the mainland and a line parallel to and 1,250 feet distant from 
the East Breakwater; from opposite Cleveland East Entrance Light to a 
due north line passing through the flashing white light on the Allied 
Oil Company dock.
    (3) Explosives anchorage. In Lake Erie, northwest of Cleveland 
Harbor East Breakwater, and including a rectangular area marked by four 
white spar buoys at the following true bearings and distances from 
Cleveland East Pierhead Light: 38[deg]30[min], 2,050 feet; 68[deg], 
2,050 feet; 57[deg], 7,050 feet; and 49[deg], 7,050 feet.
    (b) The regulations. (1) The west and east anchorages are general 
anchorages.
    (2) Use of the explosives anchorage shall be subject to the 
supervision of the Captain of the Port.



Sec. 110.208  Buffalo Harbor, N.Y.

    (a) The anchorage grounds--(1) Explosives Anchorage A. Inside the 
south section of the main breakwater 700 feet wide starting at a point 
500 feet southerly from the south end of the north section and extending 
approximately 153[deg] true, 3,000 feet parallel to the line of the 
south section of the main breakwater.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-210, 44 FR 
50040, Aug. 27, 1979]



Sec. 110.210  San Diego Harbor, CA.

    (a) The anchorage grounds. (1) Special anchorage for U.S. Government 
vessels (NAD 83). The waters bounded by a line connecting the following 
points:

32[deg]42[min]13.2[sec] N           117[deg]14[min]11.0[sec] W
32[deg]41[min]12.0[sec] N           117[deg]14[min]00.3[sec] W
 

and thence along the shoreline to the point of beginning.

    (2) Special anchorage for U.S. Government vessels (NAD 83). The 
waters bounded by a line connecting the following points:

32[deg]43[min]25.6[sec] N           117[deg]12[min]46.1[sec] W
32[deg]43[min]25.3[sec] N           117[deg]12[min]52.0[sec] W
32[deg]43[min]08.2[sec] N           117[deg]12[min]58.0[sec] W
32[deg]42[min]57.9[sec] N           117[deg]12[min]54.0[sec] W
 

and thence easterly along the northern boundary of the channel to:

32[deg]43[min]05.0[sec] N           117[deg]11[min]30.5[sec] W
32[deg]43[min]27.2[sec] N           117[deg]11[min]14.0[sec] W
 

and thence along the shoreline of Harbor Island to the point of 
beginning.

    (3) ``B'' Street Merchant Vessel Anchorage (NAD 83). The waters 
bounded by a line connecting the following points:

32[deg]43[min]00.8[sec] N           117[deg]10[min]36.3[sec] W
32[deg]43[min]00.8[sec] N           117[deg]11[min]23.0[sec] W
32[deg]43[min]05.0[sec] N           117[deg]11[min]30.5[sec] W
32[deg]43[min]27.2[sec] N           117[deg]11[min]14.0[sec] W
32[deg]43[min]20.2[sec] N           117[deg]10[min]53.0[sec] W
 

and thence due east to the shoreline, and thence along the shoreline and 
pier to the point of beginning.

    (b) The regulations. (1) The anchorages described in paragraphs 
(a)(1) and (a)(2) of this section are reserved exclusively for the 
anchorage of vessels of the United States Government and of authorized 
harbor pilot boats. No other vessels shall anchor in this area except

[[Page 509]]

by special permission obtained in advance from the Commander, Naval 
Base, San Diego, CA. The administration of these anchorages is exercised 
by the Commander, Naval Base, San Diego, CA.
    (2) The area described in paragraph (a)(3) of this section is 
reserved for the use of merchant vessels calling at the Port of San 
Diego while awaiting a berth. The administration of this anchorage is 
exercised by the Port Director, San Diego Unified Port District.
    (3) Vessels anchoring in San Diego Harbor shall leave a free passage 
for other craft and shall not obstruct the approaches to the wharves in 
the harbor.

[CCGD11-85-06, 51 FR 19753, June 2, 1986, as amended by CGD11-90-08, 56 
FR 9852, Mar. 8, 1991]



Sec. 110.212  Newport Bay Harbor, Calif.

    (a) The anchorage grounds--(1) Temporary Anchorage C-1. Southeast of 
a line parallel to and 170 feet from the pierhead line at the east end 
of Lido Isle; north of a line parallel to and 250 feet north of a line 
bearing 268[deg] from Newport Bay Channel Light 11, this line being the 
north line of the main fairway; northwest of a line 120 feet in length 
bearing 203[deg] from the point of the pierhead line off the west end of 
Harbor Island; and southwest of the pierhead line off the northeast 
shore of Lido Isle extended.
    (2) Temporary Anchorage C-2. A parallelogram-shaped area, 100 feet 
wide and 400 feet long, lying 100 feet bayward from and parallel to the 
existing pierhead line, and adjoining and on the north side of Anchorage 
C-3 described in paragraph (a)(3) of this section.
    (i) Vessels may anchor temporarily in Temporary Anchorages C-1 and 
C-2 when necessary and space permits, but shall move promptly when the 
necessity passes or upon order of the harbor master.
    (ii) Vessels anchoring in Temporary Anchorages C-1 and C-2 shall 
comply with all applicable Pilot Rules, including that requiring anchor 
lights at night.
    (iii) Floats or buoys for marking anchors or mooring in place and 
fixed mooring piles or stakes are prohibited.
    (3) Anchorage C-3. A parallelogram-shaped area, 100 feet wide and 
500 feet long, lying 100 feet bayward from and parallel to the existing 
pierhead line, and adjoining and on the south side of Temporary 
Anchorage C-2 described in paragraph (a)(2) of this section.
    (i) This area is reserved for recreational and other small craft.
    (ii) Fore and aft moorings will be allowed in this area conforming 
to Orange County Harbor Ordinance No. 490 and other local harbor 
regulations for recreational and small craft of such size and alignment 
as permitted by the harbor master.
    (iii) All vessels using this area are required to maintain anchor 
lights from sunset to sunrise.
    (b) The regulations. (1) Vessels may anchor temporarily in these 
areas when necessary and space permits, but shall move promptly when the 
necessity passes or upon order of the harbor master.
    (2) Vessels anchoring in these areas shall comply with all 
applicable Pilot Rules, including that requiring anchor lights at night.
    (3) Floats or buoys for marking anchors or moorings in place and 
fixed mooring piles or stakes are prohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.214  Los Angeles and Long Beach harbors, California.

    (a) General Regulations--(1) Anchorage Assignment. (i) Unless 
otherwise directed by the Captain of the Port Los Angeles-Long Beach, 
the pilot stations for the Port of Long Beach and the Port of Los 
Angeles will assign the use of commercial anchorages within their 
jurisdictions (Long Beach and Los Angeles Harbors respectively). All 
anchorages outside (seaward) of the federal breakwater will be assigned 
by the Los Angeles-Long Beach Vessel Traffic Information Service (VTIS). 
The master, pilot, or person in charge of a vessel must notify the 
appropriate pilot station (for anchorages inside the federal breakwater) 
or the VTIS (for anchorages outside the federal breakwater) of their 
intention to anchor, upon anchoring, and at least fifteen minutes prior

[[Page 510]]

to departing an anchorage. All anchorage assignments will be made as 
described in this part unless modified by the Captain of the Port.
    (ii) Radio communications for port entities governing anchorages are 
as follows: Los Angeles-Long Beach Vessel Traffic Information Service, 
call sign ``LA-Long Beach Traffic,'' Channel 14 VHF-FM; Los Angeles Port 
Pilots, Channel 73 VHF-FM; Long Beach Port Pilots, Channel 74 VHF-FM.
    (iii) The exact boundary separating the Port of Long Beach from the 
Port of Los Angeles is published in local Port Tariffs. For purposes of 
this rule, Long Beach waters are those east, and Los Angeles waters are 
those west, of the following locations:
    (A) Inner Harbor: The Henry Ford (Badger Avenue) Bridge.
    (B) Middle Harbor: The Pier 400 Transportation Corridor.
    (C) Outer Harbor: The western boundary of Commercial Anchorage B.
    (2) Required approvals, permits and notifications. (i) No vessel may 
anchor anywhere within Los Angeles or Long Beach harbors for more than 
10 consecutive days unless an extended anchorage permit is obtained from 
the Captain of the Port. In determining whether an extended anchorage 
permit will be granted, consideration will be given, but not necessarily 
limited to: the current and anticipated demands for anchorage space 
within the harbor, the duration requested, the condition of the vessel, 
and the reason for the request.
    (ii) No vessel while carrying, loading, or unloading division 1.1 or 
1.2 materials as defined in 49 CFR 173.50, or Cargoes of Particular 
Hazard (COPH) as defined in 33 CFR 126.10, or Certain Dangerous Cargoes 
(CDC) as defined in 33 CFR 160.203, may anchor without first obtaining a 
permit issued by the Captain of the Port.
    (iii) Vessels requiring use of an explosives anchorage should 
contact the Captain of the Port at least 24 hours prior to the 
anticipated need for the explosives anchorage to allow for proper 
activation of that anchorage.
    (iv) Except with the prior approval of the Captain of the Port, or, 
in the case of an emergency, with approval of the Captain of the Port 
immediately subsequent to anchoring, no commercial vessel greater than 
1600 gross tons may anchor in Los Angeles-Long Beach Harbor unless it 
maintains the capability to get underway within 30 minutes. Any vessel 
unable to meet this requirement must immediately notify the Captain of 
the Port and make arrangements for an adequate number of tugs to respond 
to the vessel within 30 minutes notice.
    (v) In anchorages where lightering is authorized, the Captain of the 
Port must be notified at least 4 hours in advance of a vessel conducting 
lightering operations (see 33 CFR 156.118).
    (3) Other General Requirements. (i) When at anchor, all commercial 
vessels greater than 1600 gross tons shall, at all times, have a 
licensed deck officer on watch and maintain a continuous radio listening 
watch unless subject to one of the exemptions in this paragraph. The 
radio watch must be on CH-13 VHF-FM when anchored inside the federal 
breakwater, and on CH-14 VHF-FM or on CH-16 VHF-FM when anchored outside 
the federal breakwater, except for unmanned barges; vessels which have 
less than 100 gallons of oil or fuel onboard regardless of how the fuel 
is carried; and other vessels receiving advance approval from the 
Captain of the Port.
    (ii) When sustained wind speeds exceed 40 knots, all anchored 
commercial vessels greater than 1600 gross tons shall ensure their 
propulsion plant is placed in immediate standby and a second anchor is 
made ready to let go. Vessels unable to comply with this requirement 
must immediately notify the Captain of the Port. In such case, the 
Captain of the Port may require the vessel to have one or more tugs 
standing by to render immediate assistance.
    (4) Prohibitions. Within Los Angeles Harbor, Long Beach Harbor, and 
the Los Angeles-Long Beach Precautionary Area, except for emergency 
reasons, or with the prior approval of the Captain of the Port, vessels 
are prohibited from anchoring outside of designated anchorage areas. In 
the event a vessel anchors outside a designated anchorage area for 
emergency reasons, the master, pilot, or person in charge of the vessel 
shall:

[[Page 511]]

    (i) Position the vessel so as to minimize the danger to other 
vessels and facilities;
    (ii) Immediately notify the Captain of the Port by the most 
expeditious means of the vessel's location and the reason(s) for the 
emergency anchoring; and
    (iii) Move the vessel as soon as the emergency condition prompting 
anchoring outside a designated area abates, or as soon as ordered to 
move by the Captain of the Port, whichever occurs sooner.
    (5) Exemption from rules. The Captain of the Port may, upon request, 
or whenever he/she deems appropriate, authorize a deviation from any 
rule in this section.
    (b) The anchorage grounds. Locations of anchorage grounds are as 
described in this section. Specific requirements for individual 
anchorages are contained in paragraphs (c) and (d) of this section. All 
coordinates referenced use datum: NAD 83.
    (1) Commercial Anchorage A (Los Angeles Harbor). A circular area 
with a radius of 400 yards (approximately 366 meters), centered in 
position 33[deg]-43[min][min]-19.2[min][min]N, 118[deg]-14[min]-
18.5[min][min]W.
    (2) Commercial Anchorage B (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-37.0    118 [deg]-13[min]-
                                           [sec] N          00.0[sec] W.
Thence south/southeast to...  33[deg]-44[min]-12.0    118[deg] -12[min]-
                                           [sec] N          36.2[sec] W.
Thence southeast to.........     33[deg] -43[min]-    118[deg] -11[min]-
                                       38.2[sec] N          36.9[sec] W.
Thence southwest to.........     33[deg] -43[min]-    118[deg] -11[min]-
                                       26.1[sec] N          47.2[sec] W.
Thence west to..............  33[deg]-43[min]-26.1  118[deg]-12[min]-22.
                                           [sec] N             7[sec] W.
Thence west/southwest to....     33[deg] -42[min]-    118[deg] -13[min]-
                                       58.9[sec] N          53.0[sec] W.
Thence north/northwest to...     33[deg] -43[min]-    118[deg] -14[min]-
                                       46.0[sec] N          13.6[sec] W.
Thence east/northeast to....     33[deg] -43[min]-    118[deg] -13[min]-
                                       54.5[sec] N          50.0[sec] W.
Thence north to.............  33[deg]-44[min]-22.8  118[deg]-13[min]-51.
                                           [sec] N             0[sec] W.
Thence east/northeast to the
 beginning point............
------------------------------------------------------------------------

    (3) Commercial Anchorage C (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-20.0  118[deg]-08[min]-26.
                                           [sec] N              2[sec] W
Thence west to..............  33[deg]-44[min]-23.5  118[deg]-09[min]-32.
                                           [sec] N              6[sec] W
Thence north to.............  33[deg]-44[min]-52.8  118[deg]-09[min]-33.
                                           [sec] N              2[sec] W
Thence southeast to.........  33[deg]-44[min]-25.2  118[deg]-08[min]-26.
                                           [sec] N             2[sec] W
Thence south to the beginning point.
------------------------------------------------------------------------

    (4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by 
a line beginning near the east end of the Long Beach Breakwater and 
joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-43[min]-27.2  118[deg]-08[min]-12.
                                           [sec] N              6[sec] W
Thence west to..............  33[deg]-43[min]-27.2  118[deg]-10[min]-46.
                                           [sec] N              5[sec] W
Thence north to.............  33[deg]-43[min]-51.0  118[deg]-10[min]-46.
                                           [sec] N              5[sec] W
Thence northeast to.........  33[deg]-44[min]-18.5  118[deg]-10[min]-27.
                                           [sec] N              2[sec] W
Thence east to..............  33[deg]-44[min]-18.5  118[deg]-08[min]-12.
                                           [sec] N              6[sec] W
Thence south to the
 beginning point.
------------------------------------------------------------------------

    (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-37.0  118[deg]-09[min]-48.
                                           [sec] N             5[sec] W.
Thence southwest to.........     33[deg] -44[min]-    118[deg] -09[min]-
                                       18.5[sec] N          56.8[sec] W.
Thence west to..............  33[deg]-44[min]-18.5  118[deg]-10[min]-27.
                                           [sec] N             2[sec] W.
Thence northwest to.........     33[deg] -44[min]-    118[deg] -10[min]-
                                       27.6[sec] N          41.0[sec] W.
Thence west/northwest to....     33[deg] -44[min]-    118[deg] -10[min]-
                                       29.0[sec] N          57.4[sec] W.
Thence north/northwest to...     33[deg] -45[min]-    118[deg] -11[min]-
                                       06.4[sec] N          09.5[sec] W.
Thence northeast to.........     33[deg] -45[min]-    118[deg] -10[min]-
                                       15.2[sec] N          46.1[sec] W.
Thence southeast to.........     33[deg] -45[min]-    118[deg] -10[min]-
                                       11.0[sec] N          32.0[sec] W.

[[Page 512]]

 
Thence south to.............  33[deg]-44[min]-52.0  118[deg]-10[min]-32.
                                           [sec] N             0[sec] W.
Thence southeast to the
 beginning point............
------------------------------------------------------------------------

    (6) Commercial Anchorage F (outside of Long Beach Breakwater). The 
waters southeast of the Long Beach Breakwater bounded by a line 
connecting the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............      33[deg]-43[min]-     118[deg]-07[min]-
                                       05.1[sec] N          59.0[sec] W.
Thence west to..............      33[deg]-43[min]-     118[deg]-10[min]-
                                       05.1[sec] N          36.5[sec] W.
Thence south/southeast to...     33[deg] -38[min]-    118[deg] -07[min]-
                                       17.5[sec] N          00.0[sec] W.
Thence north/northeast to...     33[deg] -40[min]-    118[deg] -06[min]-
                                       23.0[sec] N          03.0[sec] W.
And thence north/northwest
 to the beginning point.....
------------------------------------------------------------------------

    (7) Commercial Anchorage G (outside of the Middle Breakwater). The 
waters south of the Middle Breakwater bounded by a line connecting the 
following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-43[min]-05.4  118[deg]-11[min]-18.
                                           [sec] N              0[sec] W
Thence west to..............  33[deg]-43[min]-05.4  118[deg]-12[min]-18.
                                           [sec] N              7[sec] W
Thence west/southwest to....  33[deg]-42[min]-25.9  118[deg]-14[min]-19.
                                           [sec] N              2[sec] W
Thence southeast to.........  33[deg]-41[min]-40.3  118[deg]-13[min]-05.
                                           [sec] N              2[sec] W
Thence east/northeast to....  33[deg]-42[min]-08.8  118[deg]-11[min]-36.
                                           [sec] N             8[sec] W
And thence north/northeast to the beginning point.
------------------------------------------------------------------------

    (8) General Anchorage N (Los Angeles Harbor). The waters near 
Cabrillo Beach shoreward of a line connecting the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
                              33[deg]-42[min]-55.9  118[deg]-16[min]-44.
                                           [sec] N              4[sec] W
                              33[deg]-42[min]-26.8  118[deg]-16[min]-33.
                                           [sec] N              9[sec] W
------------------------------------------------------------------------

    (9) General Anchorage P (Long Beach Harbor). The waters within an 
area beginning at Alamitos Bay West Jetty Light ``1'' and connecting the 
following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-14.5  118[deg]-07[min]-19.
                                           [sec] N              2[sec] W
Thence northwest to.........  33[deg]-44[min]-20.6  118[deg]-07[min]-31.
                                           [sec] N              7[sec] W
Thence northwest............  33[deg]-45[min]-06.5  118[deg]-09[min]-34.
                                           [sec] N              0[sec] W
Thence along the eastern      33[deg]-45[min]-13.5  118[deg]-09[min]-34.
 shoreline of Island White                 [sec] N              0[sec] W
 to the lighted marker at...
Thence northwest to.........  33[deg]-45[min]-37.1  118[deg]-10[min]-38.
                                           [sec] N              5[sec] W
Thence north/northwest to...  33[deg]-45[min]-49.4  118[deg]-10[min]-38.
                                           [sec] N             8[sec] W
And thence east/southeast along the Long Beach shoreline and the
 Alamitos Bay West Jetty to the beginning point.
------------------------------------------------------------------------

    (10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim 
Bay). The waters within an area described as follows:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-36.0  118[deg]-08[min]-13.
                                           [sec] N              0[sec] W
Thence east/southeast to....  33[deg]-44[min]-20.6  118[deg]-07[min]-31.
                                           [sec] N              7[sec] W
Thence along a line           33[deg]-44[min]-12.5  118[deg]-07[min]-16.
 described as an arc, radius               [sec] N              5[sec] W
 of 460 meters
 (approximately 1509 feet)
 centered on................
To..........................  33[deg]-44[min]-04.8  118[deg]-07[min]-01.
                                           [sec] N              0[sec] W
Thence northwest to.........  33[deg]-44[min]-11.1  118[deg]-07[min]-13.
                                           [sec] N              0[sec] W
Thence north/northeast to...  33[deg]-44[min]-24.0  118[deg]-07[min]-04.
                                           [sec] N              1[sec] W
Thence east/southeast to....  33[deg]-44[min]-22.5  118[deg]-06[min]-57.
                                           [sec] N              0[sec] W
Thence along the shoreline    33[deg]-43[min]-39.1  118[deg]-06[min]-06.
 of Seal Beach and Anaheim                 [sec] N              8[sec] W
 Bay W. Jetty to............
Thence west/southwest to....  33[deg]-43[min]-27.8  118[deg]-07[min]-39.
                                           [sec] N              9[sec] W
Thence northwest to.........  33[deg]-43[min]-38.4  118[deg]-07[min]-48.
                                           [sec] N              2[sec] W
Thence west to..............  33[deg]-43[min]-38.4  118[deg]-08[min]-12.
                                           [sec] N             9[sec] W
and thence north to the beginning point.
------------------------------------------------------------------------


[[Page 513]]

    (11) Explosives Anchorage (Long Beach Harbor). A circular area with 
a radius of 1,909 yards (1,745 meters), centered in position 
33[deg]43[min]37.0[sec] N, 118[deg]09[min]05.3[sec] W.
    (c) Individual anchorage requirements:
    (1) Table 110.214(c) lists anchorage grounds, identifies the purpose 
of each anchorage, and contains specific regulations applicable to 
certain anchorages. Requirements for the explosives anchorage are 
contained in paragraph (d) of this section.
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (b) of this section.

                                                Table 110.214(c)
----------------------------------------------------------------------------------------------------------------
                                                                           Specific
           Anchorage             General location       Purpose          regulations
---------------------------------------------------------------------------------------
A.............................  Los Angeles        Commercial.......  Note a.
                                 Harbor.
B.............................  Long Beach Harbor  ......do.........  ......Do.
C.............................  ......do.........  ......do.........  Notes a, g.
D.............................  ......do.........  Commercial &       Notes a, b, g.
                                                    Naval.
E.............................  ......do.........  Commercial.......  Note c.
F.............................  Outside            ......do.........  Notes c, g.
                                 Breakwater.
G.............................  ......do.........  ......do.........  Notes c, d.
N.............................  Los Angeles        Small Craft......  Note e.
                                 Harbor.
P.............................  Long Beach Harbor  ......do.........  Note f.
Q.............................  ......do.........  ......do.........  Notes c, g.
----------------------------------------------------------------------------------------------------------------
Notes:
a. Bunkering and lightering are permitted.
b. West of 118[deg]-09[min]-48[sec] W priority for use of the anchorage will be given to commercial vessels over
  244 meters (approximately 800 feet). East of 118[deg]-09[min]-48[sec] W priority for use of the anchorage will
  be given to Naval and Public vessels, vessels under Department of Defense charter, and vessels requiring use
  of the explosives anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR
  165.1109(e).
e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Los Angeles ordinances and regulations are allowed in this
  anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Long Beach ordinances and regulations are allowed in this
  anchorage.
g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and
  the requirements of paragraph (d) of this section apply.

    (d) Explosives Anchorage (Long Beach Harbor). (1) Priority for use 
of this anchorage shall be given to vessels carrying, loading, or 
unloading division 1.1, 1.2, 1.3, or 1.4 (explosive) materials as 
defined in 49 CFR 173.50, or Cargoes of Particular Hazard (COPH) as 
defined in 33 CFR 126.10, or Certain Dangerous Cargoes (CDC) as defined 
in 33 CFR 160.203.
    (2) Vessels requiring the use of this anchorage shall notify the 
Captain of the Port at least 24 hours in advance of their intentions 
including the estimated times of arrival, departure, net explosive 
weight, and whether the vessel will be loading or unloading. Vessels may 
not use this anchorage without first obtaining a permit issued by the 
Captain of the Port.
    (3) No vessel containing more than 680 metric tons (approximately 
749 tons) of net explosive weight (NEW) may anchor in this anchorage;
    (4) Bunkering and lightering operations are permitted in the 
explosives anchorage, except that vessels engaged in the loading or 
unloading of explosives shall not simultaneously conduct bunkering or 
lightering operations.
    (5) Each anchored vessel loading, unloading or laden with 
explosives, must display a red flag of at least 1.2 square meters 
(approximately 16 square feet) in size by day, and at night the flag 
must be illuminated by spotlight;
    (6) When a vessel displaying the red flag occupies the explosives 
anchorage, no other vessel may anchor within the Explosives Anchorage.

    Note: When the explosives anchorage is activated, portions of 
Anchorages ``C'', ``D'', ``F'' and ``Q'' are encompassed by the 
explosives anchorage.

[CGD11-99-008, 65 FR 10710, Feb. 29, 2000, as amended by CGD11-04-007, 
71 FR 3002, Jan. 19, 2006; CGD11-04-005, 71 FR 15037, Mar. 27, 2006]



Sec. 110.215  Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal Beach, California; Naval Explosives Anchorage.

    (a) The anchorage ground. The waters of Anaheim Bay Harbor between 
the

[[Page 514]]

east side of the Entrance Channel and the East Jetty, and the west side 
of the Entrance Channel and the West Jetty as outlined in the following 
two sections:

                             (1) East Side:
33[deg]44[min]03.0[sec] N           118[deg]05[min]35.0[sec] W
33[deg]43[min]53.0[sec] N           118[deg]05[min]15.0[sec] W
33[deg]43[min]49.0[sec] N           118[deg]05[min]18.0[sec] W
33[deg]43[min]36.5[sec] N           118[deg]05[min]56.0[sec] W
33[deg]43[min]37.0[sec] N           118[deg]05[min]57.0[sec] W
33[deg]44[min]03.0[sec] N           118[deg]05[min]35.0[sec] W
 


                             (2) West Side:
33[deg]44[min]05.0[sec] N           118[deg]05[min]40.0[sec] W
33[deg]44[min]06.0[sec] N           118[deg]05[min]56.5[sec] W
33[deg]44[min]01.0[sec] N           118[deg]06[min]01.0[sec] W
33[deg]43[min]40.5[sec] N           118[deg]06[min]03.0[sec] W
33[deg]43[min]39.5[sec] N           118[deg]06[min]02.0[sec] W
33[deg]44[min]05.0[sec] N           118[deg]05[min]40.0[sec] W
 

    (b) The regulations. (1) This area is reserved for use of naval 
vessels carrying or transferring ammunition or explosives under standard 
military restrictions as established by the Safety Manual, Armed Service 
Explosives Board.
    (2) No pleasure or commercial craft shall navigate or anchor within 
this area at any time without first obtaining permission from the 
Commanding Officer, Naval Weapons Station, Seal Beach, California. This 
officer will extend full cooperation relating to public use of the area 
and will fully consider every reasonable request for the passage of 
small craft in light of requirements for national security and safety of 
persons and property.
    (3) Nothing in this section shall be construed as relieving the 
owner or operator of any vessel from the regulations contained in Sec. 
204.195 of Title 33, covering navigation in Anaheim Bay Harbor.
    (4) The regulations in this section shall be administered by the 
Commanding Officer U.S. Naval Weapons Station, Seal Beach, California 
and by such agencies as he may designate, and enforced by the Captain of 
the Port, Los Angeles-Long Beach, California.

[CGD11-87-07, 53 FR 878, Jan. 14, 1988]



Sec. 110.216  Pacific Ocean at Santa Catalina Island, Calif.

    (a) The anchorage grounds--(1) Descanso Bay. Shoreward of a line 
connecting the promontories known as White Rock and Casino Point.
    (2) Isthmus Cove. All the waters bounded by a line connecting the 
following coordinates, beginning at 33[deg]-27[min]-12[sec] N, 118[deg]-
30[min]-05[sec] W (the promontory known as Lion Head); thence southeast 
to 33[deg]-26[min]-55.5[sec] N, 118[deg]-28[min]-44[sec] W; thence west-
southwest to 33[deg]-26[min]50[sec] N, 118[deg]-29[min]-08[sec] W; 
thence southwest to 33[deg]-26[min]-39[sec] N, 118[deg]-29[min]-19[sec] 
W; thence along the shoreline returning to the point of origin, 
excluding the following-described non-anchorage area: an area 300 feet 
wide (170 feet west and 130 feet east of the centerline of the Catalina 
Island Steamship Line pier), extending 1600 feet from the foot of the 
pier, and an area 150 feet seaward of the shoreline extending 
approximately 1500 feet east and 1500 feet northwest of the centerline 
of said pier.

Datum: NAD 83

    (3) Avalon Bay. (i) Anchorage A. The waters within an area described 
as follows: A circle of 1350 feet radius centered at 
33[deg]20[min]59.0[sec] N, 118[deg]18[min]56.2[sec] W.
    (ii) Anchorage B. The waters within an area described as follows: A 
circle of 1350 feet radius centered at 33[deg]20[min]38.3[sec] N, 
118[deg]18[min]35.8[sec] W.
    (iii) Anchorage C. The waters within an area described as follows: A 
circle of 1350 feet radius centered at 33[deg]21[min]21.0[sec] N, 
118[deg]19[min]16.7[sec] W.
    (b) The regulations. (1) The Descanso Bay anchorage is reserved for 
yachts and other small craft. Floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (2) The Isthmus Cove anchorage shall be available for anchorage of 
all types of craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (3) The non-anchorage area described in paragraph (a)(2) of this 
section shall be used only by commercial vessels. Commercial vessels of 
15 feet draft or over may anchor in this area seaward of the Catalina 
Island Steamship Line pier during hours between sunrise and sunset. The 
use of this area for anchorage is forbidden to all other craft at all 
times. Fixed mooring piles or stakes

[[Page 515]]

and floats or buoys for marking anchors or moorings in place are 
prohibited.
    (4) The instructions of the Captain of the Port requiring vessels to 
anchor bow and stern, or with two bow anchors, or requiring shifting the 
anchorage of any vessel within the anchorage grounds for the common 
safety or convenience, or for otherwise enforcing the regulations in 
this section, shall be promptly complied with by owners, masters, and 
persons in charge of vessels.
    (5) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessels or plant from the penalties of 
law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (6) The Avalon Bay anchorage is reserved for large passenger vessels 
of over 1600 gross tons, unless otherwise authorized by the Captain of 
the Port Los Angeles-Long Beach.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-95-001, 60 
FR 29759, June 6, 1995; GCD11-04-006, 70 FR 28426, May 18, 2005]



Sec. 110.218  Pacific Ocean at San Clemente Island, Calif.; in vicinity of Wilson Cove.

    (a) The anchorage grounds. Shoreward on a line beginning at a point 
on the beach bearing 153[deg] true, 1,400 yards, from Wilson Cove Light; 
thence 62[deg] true, 0.67 nautical mile, thence 332[deg] true, 1.63 
nautical miles; thence 241[deg]31[min] true to the shore line.
    (b) The regulations. (1) This area is reserved exclusively for 
anchorage of United States Government vessels or vessels temporarily 
operating under Government direction, and no vessel, except in an 
emergency, shall anchor in the area without first obtaining permission 
from the Commandant, Eleventh Naval District, or the Senior Naval 
Officer present who shall in turn notify the Commandant promptly.
    (2) No vessel shall anchor in such a manner as to unreasonably 
obstruct the approach to the wharf.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.220  Pacific Ocean at San Nicolas Island, Calif.; restricted anchorage areas.

    (a) The restricted areas--(1) East area. All waters within a circle 
having a radius of one nautical mile centered at latitude 
33[deg]13[min]45[sec], longitude 119[deg]25[min]50[sec] (the former 
position of San Nicolas Island East End Light), which point bears 
approximately 101[deg], 420 yards, from San Nicolas Island East End 
Light.
    (2) West area. Shoreward of a line bearing 276[deg] true from San 
Nicolas Island south side light a distance of six nautical miles; thence 
to a point bearing 270[deg] true, two nautical miles, from the 
westernmost point of the island; thence 60[deg] to a point due north of 
the northernmost point of the island; thence 180[deg] true to the shore.
    (b) The regulations. Except in an emergency, no vessel shall anchor 
in these restricted areas without authority of the Commandant, Eleventh 
Naval District. Cargo vessels destined for San Nicolas Island may anchor 
in the east area for unloading or loading.



Sec. 110.222  Pacific Ocean at Santa Barbara Island, Calif.

    (a) The anchorage grounds. Shoreward of a line beginning at the 
Santa Barbara Island Light on the northeast end of the island and 
bearing 23[deg] true a distance of 1.515 nautical miles seaward from the 
beach; thence 140[deg]30[min] true, 2.54 nautical miles; thence 
212[deg]30[min] true, 2.30 nautical miles; thence 296[deg]30[min] true, 
0.96 nautical mile; and thence 325[deg] true to the beach.
    (b) The regulations. The anchorage shall be available for anchorage 
of all types of craft. Temporary floats or buoys for marking anchors in 
place will be permitted in this area.

[[Page 516]]



Sec. 110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and connecting waters, CA.

    (a) General regulations. (1) Within the navigable waters of San 
Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, New York 
Slough, San Joaquin River Deep Water Channel, the Stockton Turning 
Basin, the Sacramento River Deep Water Ship Channel between Suisun Bay 
and the east end of the West Sacramento Turning Basin, and connecting 
waters, anchoring is prohibited outside of designated anchorages except 
when required for safety or with the written permission of the Captain 
of the Port. Each vessel anchoring outside an established anchorage area 
shall immediately notify the Captain of the Port of her position and 
reason for anchoring.
    (2) No vessel may permanently moor in areas adjacent to the San 
Joaquin River Deep Water Channel except with the written permission of 
the Captain of the Port.
    (3) Each vessel anchoring for safety reasons in the San Joaquin 
River Deep Water Channel, the Sacramento River Deep Water Ship Channel, 
or the Stockton or West Sacramento Turning Basins shall be positioned as 
near to the edge of the channel or turning basin as possible so as not 
to interfere with navigation, or obstruct the approach to any pier, 
wharf, slip, or boat harbor and shall move as soon as the reason for 
anchoring no longer exists or when notified to move by the Captain of 
the Port.
    (4) No vessel may anchor within a tunnel, cable, or pipeline area 
shown on a Government chart.
    (5) No vessel may moor, anchor, or tie up to any pier, wharf, or 
other vessel in such a manner as to extend into an adjacent channel or 
fairway.
    (6) No vessel in such a condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels may occupy an anchorage, except when unforeseen 
circumstances create conditions of imminent peril to personnel and then 
only for such period as may be authorized by the Captain of the Port.
    (7) Each vessel carrying explosives shall only anchor in an 
explosives anchorage except as authorized by paragraph (a)(1) or (a)(17) 
of this section.
    (8) No vessel other than a vessel under Federal supervision may go 
alongside or in any manner moor to any Government-owned vessel, mooring 
buoy, or pontoon boom, their anchor cables, or any of their appendages. 
No vessel other than a vessel under Federal supervision may obstruct or 
interfere in any manner with the mooring, unmooring, or servicing of 
vessels owned by the United States.
    (9) The Captain of the Port may require any vessel in a designated 
anchorage area to moor with two or more anchors.
    (10) Each vessel that will not have sufficient personnel on board to 
weigh anchor at any time shall anchor with two anchors with mooring 
swivel, unless otherwise authorized by the Captain of the Port.
    (11) Deep-draft vessels shall take precedence over vessels of 
lighter draft in the deeper portions of all anchorages. Light-draft 
barges and vessels shall anchor away from the deeper portions of the 
anchorage so as not to interfere with the anchoring of deep-draft 
vessels. Should circumstances warrant, the Captain of the Port may 
require lighter draft vessels to move to provide safe anchorage, 
particularly in Anchorages 7 and 9, for deep-draft vessels.
    (12) Barges towed in tandem to any anchorage shall nest together 
when anchoring.
    (13) Each vessel that is notified by the Captain of the Port or his 
authorized representative to shift her position shall promptly shift her 
position.
    (14) No person may use these anchorages for any purpose other than 
the purpose stated in these anchorage regulations.
    (15) Where these regulations require that a vessel notify the 
Captain of the Port, the operator of the vessel shall transmit such 
report to the San Francisco Vessel Traffic Service.

    Note: Vessel Traffic Service guards VHF-FM Channel 13 (156.65 MHz) 
and Channel 14 (156.70 MHz).

    (16) Nothing in this section may be construed as relieving any 
vessel or the

[[Page 517]]

owner or person in charge of any vessel from the penalties of law for 
obstructing or interfering with range lights or for not complying with 
the laws relating to lights, day signals, and fog signals and other 
navigation laws and regulations.
    (17) The District Engineer, Corps of Engineers, may issue written 
permission for anchoring a single barge carrying explosives in 
quantities considered by the District Engineer as safe and necessary in 
the vicinity of work being done directly under the District Engineer 
supervision or under a Department of the Army permit. When issuing such 
a permit, the District Engineer shall prescribe the conditions under 
which the explosives must be stored and handled and shall furnish a copy 
of the permit and a copy of the rules and regulations for storing and 
handling to the Captain of the Port.
    (18) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) at any anchorage other than 
in Anchorage 9 as specified in Table 110.224(D)(1) without prior 
approval of the Captain of the Port.
    (b) Naval anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
naval anchorage described in this section.
    (1) Naval anchorages are intended for public vessels of the United 
States, but may be used by other vessels when not required for use by 
public vessels.
    (2) Other vessels using a naval anchorage shall promptly notify the 
Captain of the Port upon anchoring and upon departure and shall be 
prepared to move within one hour upon notice should the anchorage be 
required for public vessels.
    (c) Explosive anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
explosives anchorage described in this section.
    (1) Explosives anchorages and, where established, surrounding 
forbidden anchorage zones, are temporarily activated as needed by the 
Captain of the Port. When not activated, explosives anchorages and 
surrounding forbidden anchorage zones become part of the general 
anchorage which encompasses them or, if not located within the 
boundaries of a general anchorage, become available for general 
navigation.
    (2) Notice of activation and deactivation of explosives anchorages 
will be disseminated by Coast Guard Broadcast Notice to Mariners.
    (3) Each vessel which anchors in an explosives anchorage or 
surrounding forbidden anchorage zone while such anchorage is not 
activated shall be prepared to move within one hour if the anchorage is 
activated.
    (4) Unless otherwise authorized by the Captain of the Port:
    (i) No vessel may anchor in an activated explosives anchorage except 
vessels loaded with, loading, or unloading explosives.
    (ii) No vessel may enter or remain in an activated explosives 
anchorage except (A) vessels loaded with, loading or unloading 
explosives, (B) lighters or barges delivering cargo to or from such 
vessels, or (C) a tug authorized by paragraph (c)(7)(iii) of this 
section.
    (iii) No vessel carrying explosives or on which explosives are to be 
loaded may enter or remain in an activated explosives anchorage without 
written permission from the Captain of the Port. Such a permit must be 
obtained before entering the anchorage and may be revoked at any time.
    (iv) No vessel may anchor in the forbidden anchorage zone 
surrounding an activated explosives anchorage.
    (5) Each vessel loaded with, loading, or unloading explosives, while 
within an explosives anchorage, shall display by day at her masthead, or 
at least 10 feet above the upper deck if the vessel has no mast, a red 
flag at least 16 square feet in area.
    (6) Each passing vessel shall reduce speed as necessary so as to 
insure that its wake does not interfere with cargo transfer operations 
aboard any vessel displaying a red flag in an explosives anchorage.
    (7) The Captain of the Port may:
    (i) Issue permission to any vessel carrying flammable solids, 
oxidizing materials, corrosive liquids, flammable liquids, compressed 
gases, or poisonous substances to occupy a berth in an activated 
explosives anchorage. Such a

[[Page 518]]

permit must be obtained before entering the anchorage and may be revoked 
at any time.
    (ii) Require any person having business on board a vessel which is 
loaded with, loading, or unloading explosives to have a document that is 
acceptable to the Coast Guard for identification purposes and to show 
that document to the Captain of the Port.
    (iii) Require a non-self-propelled vessel, or a self-propelled 
vessel that is unable to maneuver under its own power, that occupies an 
activated explosives anchorage to be attended by a tug.
    (d) Anchorage grounds. (1) Table 110.224(d)(1) lists anchorage 
grounds, identifies the purpose of each anchorage, and contains specific 
regulations applicable to certain anchorages.
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (e) of this section.

                                               Table 110.224(D)(1)
----------------------------------------------------------------------------------------------------------------
       Anchorage No.            General location           Purpose                  Specific regulations
----------------------------------------------------------------------------------------------------------------
4..........................  San Francisco Bay....  General..............  Notes a, b.
5..........................  ......do.............  ......do.............  Do.
6..........................  ......do.............  ......do.............  Note a.
7..........................  ......do.............  ......do.............  Notes a, b, c, d, e.
8..........................  ......do.............  ......do.............  Notes a, b, c.
9..........................  ......do.............  ......do.............  Notes a, b, m.
10.........................  ......do.............  Naval................  Note a.
12.........................  ......do.............  Explosives...........  Notes a, f.
13.........................  ......do.............  ......do.............  Notes a, e, g.
14.........................  ......do.............  ......do.............  Notes a, f, h.
18.........................  San Pablo Bay........  General..............
19.........................  ......do.............  ......do.............  Note b.
20.........................  ......do.............  ......do.............
21.........................  ......do.............  Naval................
22.........................  Carquinez Strait.....  General..............
23.........................  Benicia..............  General..............  Notes c, d, e, l.
24.........................  Carquinez Strait.....  General..............  Note j.
26.........................  Suisun Bay...........  ......do.............  Note k.
27.........................  ......do.............  ......do.............
28.........................  San Joaquin River....  ......do.............
30.........................  ......do.............  Explosives...........
----------------------------------------------------------------------------------------------------------------

    Notes: a. When sustained winds are in excess of 25 knots each vessel 
greater than 300 gross tons using this anchorage shall maintain a 
continuous radio watch on VHF channel 13 (156.65 MHz) and VHF channel 14 
(156.70 MHz). This radio watch must be maintained by a person who 
fluently speaks the English language.
    b. Each vessel using this anchorage may not project into adjacent 
channels or fairways.
    c. This anchorage is primarily for use by vessels requiring a 
temporary anchorage waiting to proceed to pier facilities or other 
anchorage grounds. This anchorage may not be used by vessels for the 
purpose of loading any dangerous cargoes or combustible liquids unless 
authorized by the Captain of the Port.
    d. Each vessel using this anchorage may not remain for more than 12 
hours unless authorized by the Captain of the Port.
    e. Each vessel using this anchorage shall be prepared to move within 
1 hour upon notification by the Captain of the Port.
    f. The maximum total quantity of explosives that may be on board a 
vessel using this anchorage shall be limited to 3,000 tons unless 
otherwise authorized with the written permission of the Captain of the 
Port.
    g. The maximum total quantity of explosives that may be on board a 
vessel using this anchorage shall be limited to 50 tons except that, 
with the written permission of the Captain of the Port, each vessel in 
transit, loaded with explosives in excess of 50 tons, may anchor 
temporarily in this anchorage provided that the hatches to the holds 
containing explosives are not opened.
    h. Each vessel using this anchorage will be assigned a berth by the 
Captain of the Port on the basis of the maximum quantity of explosives 
that will be on board the vessel.
    i. [Reserved]
    j. Each vessel using this anchorage shall promptly notify the 
Captain of the Port, upon anchoring and upon departure.
    k. See Sec. 162.270 of this title establishing restricted areas in 
the vicinity of the Maritime Administration Reserve Fleet.
    l. Vessels using this anchorage must exceed 15 feet draft, have 
engines on standby, and have a pilot on board.
    m. Any vessel anchoring in a ``dead-ship'' status shall have one 
assist tug of adequate bollard pull on standby and immediately

[[Page 519]]

available (maximum of 15 minute response time) to provide emergency 
maneuvering. When the sustained winds are 20 knots or greater, or when 
the wind gusts are 25 knots or greater, the tug must be alongside.
    (e) Boundaries--(1) Anchorage No. 4. Bounded by the west shore of 
San Francisco Bay and the following lines: Beginning on the shore 
southwest of Point San Quentin at latitude 37[deg]56[min]28[sec] N., 
longitude 122[deg]28[min]54[sec] W.; thence east-southeasterly to 
latitude 37[deg]55[min]55[sec] N., longitude 122[deg]26[min]49[sec] W., 
thence southwesterly to latitude 37[deg]54[min]13[sec] N., longitude 
122[deg]27[min]24[sec] W., thence southeasterly to the shore of Tiburon 
Peninsula at Point Chauncey at latitude 37[deg]53[min]40.5[sec] N., 
longitude 122[deg]26[min]55[sec] W. When Explosives Anchorage No. 13 is 
activated by the Captain of the Port, it and the forbidden anchorage 
zone surrounding it are excluded from Anchorage No. 4.
    (2) Anchorage No. 5, Southampton Shoal. In San Francisco Bay at 
Southampton Shoal bounded by a line connecting the following 
coordinates:

37[deg]55[min]48[sec] N.            122[deg]25[min]52[sec] W; to
37[deg]55[min]50[sec] N.            122[deg]26[min]32[sec] W; to
37[deg]54[min]49[sec] N.            122[deg]26[min]39[sec] W; to
37[deg]54[min]03[sec] N.            122[deg]26[min]06[sec] W; to
37[deg]53[min]25[sec] N.            122[deg]25[min]30[sec] W; to
37[deg]53[min]23[sec] N.            122[deg]25[min]09[sec] W; to
37[deg]55[min]19[sec] N.            122[deg]25[min]33[sec] W; to
37[deg]55[min]42[sec] N.            122[deg]25[min]45[sec] W; thence
                                     back to
37[deg]55[min]48[sec] N.            122[deg]25[min]52[sec] W.
 

    (3) Anchorage No. 6. Bounded by the east shore of San Francisco Bay 
and the following lines: Beginning at the shore of the southernmost 
extremity of Point Isabel at latitude 37[deg]53[min]46[sec] N., 
longitude 122[deg]19[min]19[sec] W.; thence westerly along the north 
shore of Brooks Island to the jetty extending westerly therefrom; thence 
westerly along the jetty to its bayward end at latitude 
37[deg]54[min]13[sec] N., longitude 122[deg]23[min]27[sec] W.; thence 
south-southeasterly to latitude 37[deg]49[min]53[sec] N.; longitude 
122[deg]21[min]39[sec] W.; thence southeasterly to latitude 
37[deg]49[min]32.5[sec] N., longitude 122[deg]21[min]20.5[sec] W.; 
thence easterly to latitude 37[deg]49[min]34[sec] N., longitude 
122[deg]20[min]13[sec] W.; thence east-southeasterly to latitude 
37[deg]49[min]30[sec] N., longitude 122[deg]19[min]45.5[sec] W.; thence 
east-northeasterly to the shore at Emeryville at latitude 
37[deg]50[min]04[sec] N., longitude 122[deg]17[min]41[sec] W.; excluding 
from this area, however, the channel to Berkeley Marina delineated by 
lines joining the following points:

37[deg]52[min]08[sec] N.,           122[deg]19[min]07[sec] W.
37[deg]52[min]03[sec] N.,           122[deg]19[min]17.5[sec] W.
37[deg]52[min]00[sec] N.,           122[deg]19[min]15.5[sec] W.
37[deg]51[min]01[sec] N.,           122[deg]22[min]07[sec] W.
37[deg]50[min]43[sec] N.,           122[deg]22[min]00[sec] W.
37[deg]50[min]53[sec] N.,           122[deg]21[min]32[sec] W.
37[deg]51[min]47[sec] N.,           122[deg]18[min]59[sec] W.
 

    (4) Anchorage No. 7, Treasure Island. In San Francisco Bay at 
Treasure Island bounded a line connecting the following coordinates:

37[deg]49[min]36[sec] N.,           122[deg]22[min]40[sec] W; to
37[deg]50[min]00[sec] N.,           122[deg]22[min]57[sec] W; to
37[deg]50[min]00[sec] N.,           122[deg]23[min]44[sec] W; to
37[deg]49[min]22.5[sec] N.,         122[deg]23[min]44[sec] W; to
37[deg]48[min]40.5[sec] N.,         122[deg]22[min]38[sec] W; to
37[deg]49[min]00.0[sec] N.,         122[deg]22[min]16[sec] W; thence
                                     along the shore to
37[deg]49[min]36[sec] N.,           122[deg]22[min]40[sec] W.
 

    (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore 
of Alameda Island and the following lines: Beginning at 
37[deg]47[min]52[sec] N, 122[deg]19[min]58[sec] W; thence west-
northwesterly to 37[deg]48[min]02.5[sec] N 122[deg]21[min]01.5[sec] W; 
thence west-southwesterly to 37[deg]47[min]51.5[sec] N, 
122[deg]21[min]40[sec] W; thence south-southwesterly to 
37[deg]47[min]35.5[sec] N, 122[deg]21[min]50[sec] W; thence south-
southeasterly to 37[deg]46[min]40[sec] N, 122[deg]21[min]23[sec] W; 
thence easterly to 37[deg]46[min]36.5[sec] N, 122[deg]19[min]52[sec] W; 
thence northerly to shore at 37[deg]46[min]53[sec] N, 
122[deg]19[min]53.5[sec] W (NAD 83).
    (6) Anchorage No. 9. In San Francisco Bay bounded on the east by the 
eastern shore of San Francisco Bay and on the north by the southern 
shore of Alameda Island and a line beginning at 37[deg]46[min]21.5[sec] 
N, 122[deg]19[min]07[sec] W; thence westerly to 37[deg]46[min]30[sec] N, 
122[deg]21[min]56[sec] W; thence south-southeasterly to 
37[deg]41[min]45[sec] N, 122[deg]20[min]22[sec] W (San Bruno Channel 
Light 1); thence south-southeasterly to 37[deg]38[min]38.5[sec] N, 
122[deg]18[min]48.5[sec] W (San Bruno Channel Light 5); thence 
southeasterly to 37[deg]36[min]05[sec] N, 122[deg]14[min]18[sec] W; 
thence northeasterly to shore at 37[deg]37[min]38.5[sec] N, 
122[deg]09[min]06.5[sec] W (NAD 83).
    (7) Anchorage No. 10. In San Francisco Bay bounded by the east shore 
of Sausalito and the following lines: Beginning on the shore of 
Sausalito at latitude 37[deg]51[min]20[sec] N., longitude 
122[deg]28[min]38[sec] W.; thence southeasterly to latitude 
37[deg]50[min]57.5[sec] N., longitude 122[deg]27[min]57[sec] W.; thence 
southwesterly to the shore of Sausalito at latitude 
37[deg]50[min]36[sec] N., longitude 122[deg]28[min]34[sec] W.

[[Page 520]]

    (8) Anchorage No. 12. In San Francisco Bay east of the city of San 
Francisco a circular area having a radius of 500 yards centered at 
latitude 37[deg]44[min]32.5[sec] N., longitude 122[deg]20[min]27.5[sec] 
W. A 667-yard-wide forbidden anchorage zone surrounds this anchorage.
    (9) Anchorage No. 13. In San Francisco Bay east of the Tiburon 
Peninsula a circular area having a radius of 333 yards centered at 
latitude 37[deg]55[min]26[sec] N., longitude 122[deg]27[min]27[sec] W. A 
667-yard-wide forbidden anchorage zone surrounds this anchorage except 
where such zone would extend beyond the limits of Anchorage No. 4.

    Note: See Sec. 110.224(e)(2) for a description of Anchorage No. 4.

    (10) Anchorage No. 14. In San Francisco Bay east of Hunters Point an 
area 1,000 yards wide and 2,760 yards long, the end boundaries of which 
are semicircles, with a radii of 500 yards and center, respectively at 
latitude 37[deg]42[min]37[sec] N., longitude 122[deg]19[min]48[sec] W. 
and latitude 37[deg]43[min]29[sec] N., longitude 122[deg]19[min]48[sec] 
W. (NAD 83); and the side boundaries of which are parallel tangents 
joining the semicircles. A forbidden anchorage zone extends 667 yards 
out from the perimeter on each side.
    (11) Anchorage No. 18. In San Pablo Bay bounded by the west shore of 
San Pablo Bay and the following lines: Beginning at the shore at Point 
San Pedro at latitude 37[deg]59[min]16[sec] N., longitude 
122[deg]26[min]47[sec] W.; thence easterly to latitude 
37[deg]59[min]16[sec] N., longitude 122[deg]26[min]26[sec] W.; thence 
northerly to latitude 38[deg]03[min]46[sec] N., longitude 
122[deg]25[min]52.5[sec] W.; thence northwesterly to the shore south of 
the entrance to Novato Creek at latitude 38[deg]05[min]13.5[sec] N., 
longitude 122[deg]29[min]04[sec] W.; excluding from this area, however, 
the channel to Hamilton Field and the extension of this channel easterly 
to the boundary of the anchorage, and the pipeline area therein.
    (12) Anchorage No. 19. In San Pablo Bay bounded by the northeast 
shore of San Pablo Bay and the following lines: Beginning at the shore 
of Tubbs Island at latitude 38[deg]07[min]39[sec] N., longitude 
122[deg]25[min]18[sec] W.; thence southerly to latitude 
38[deg]00[min]36[sec] N., longitude 122[deg]25[min]20[sec] W.; thence 
northeasterly to latitude 38[deg]03[min]13[sec] N., longitude 
122[deg]19[min]46[sec] W.; thence east-northeasterly to latitude 
38[deg]03[min]37[sec] N., longitude 122[deg]17[min]13[sec] W.; thence 
northerly to the long dike extending southwesterly from Mare Island at 
latitude 38[deg]03[min]52.5[sec] N., longitude 122[deg]17[min]10[sec] 
W.; thence along the long dike to the shore at Mare Island.
    (13) Anchorage No. 20. In San Pablo Bay bounded by the southeast 
shore of San Pablo Bay and the following lines: Beginning at the 
northeast corner of Parr Terminal No. 4 at Point San Pablo at latitude 
37[deg]57[min]59[sec] N., longitude 122[deg]25[min]35[sec] W.; thence 
northeasterly to latitude 38[deg]01[min]27.5[sec] N., longitude 
122[deg]21[min]33[sec] W.; thence east-northeasterly to the Union Oil 
Co. pier at Oleum at latitude 38[deg]03[min]18[sec] N., longitude 
122[deg]15[min]37[sec] W.; and thence along this pier to the shore.
    (14) Anchorage No. 21. In San Pablo Bay south of Mare Island a 
rectangular area beginning at latitude 38[deg]03[min]56[sec] N., 
longitude 122[deg]15[min]56[sec] W.; thence easterly to latitude 
38[deg]04[min]02[sec] N., longitude 122[deg]15[min]20[sec] W.; thence 
southerly to latitude 38[deg]03[min]48[sec] N., longitude 
122[deg]15[min]16[sec] W.; thence westerly to latitude 
38[deg]03[min]42[sec] N., longitude 122[deg]15[min]52[sec] W.; thence 
northerly to the point of beginning.
    (15) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an area 
bounded by a line connecting the following coordinates:

38[deg]02[min]36.8[sec] N.          122[deg]09[min]59[sec] W; to
38[deg]02[min]06.6[sec] N.          122[deg]09[min]46.7[sec] W; to
38[deg]01[min]53.8[sec] N.          122[deg]09[min]00[sec] W; to
38[deg]02[min]33.9[sec] N.          122[deg]09[min]00[sec] W; thence
                                     back to
38[deg]02[min]36.8[sec] N.          122[deg]09[min]59[sec] W.
 

    (16) Anchorage No. 23, Benicia. In Carquinez Strait an area bounded 
by a line connecting the following coordinates:

38[deg]02[min]33.9[sec] N.          122[deg]09[min]00[sec] W; to
38[deg]01[min]53.8[sec] N.          122[deg]09[min]00[sec] W; to
38[deg]01[min]57.4[sec] N.          122[deg]08[min]19.3[sec] W; to
38[deg]02[min]33[sec] N.            122[deg]08[min]18.6[sec] W; thence
                                     back to
38[deg]02[min]33.9[sec] N.          122[deg]09[min]00[sec] W.
 

    (17) Anchorage No. 24. Bounded by the north shore of Carquinez 
Strait and the following points: Beginning on the shore at Dillon Point 
at 38[deg]03[min]44[sec] N, 122[deg]11[min]34[sec] W; thence 
southeasterly to 38[deg]03[min]21[sec] N, 122[deg]10[min]43[sec] W; 
thence southeasterly to 38[deg]02[min]36[sec] N, 122[deg]10[min]03[sec] 
W (Carquinez Strait Light 23); thence to the shore at the Benicia City 
Wharf at 38[deg]02[min]40[sec] N, 122[deg]09[min]55[sec] W (NAD 83).

[[Page 521]]

    (18) Anchorage No. 26. On the west side of Suisun Bay, adjacent to 
and northeast of the city of Benicia within the following 
boundaries:Beginning on the shore northeast of Army Point at latitude 
38[deg]02[min]54[sec] N., longitude 122[deg]07[min]37[sec] W.; thence 
south-southeasterly along the Southern Pacific bridge to latitude 
38[deg]02[min]38[sec] N., longitude 122[deg]07[min]24[sec] W.; thence 
easterly to latitude 38[deg]02[min]42[sec] N., longitude 
122[deg]07[min]07.5[sec] W.; thence northeasterly to latitude 
38[deg]05[min]42[sec] N., longitude 122[deg]04[min]06[sec] W.; thence 
northwesterly to the shore at latitude 38[deg]05[min]58[sec] N., 
longitude 122[deg]04[min]28[sec] W.; thence along the shore to the point 
of beginning.
    (19) Anchorage No. 27. In the northeast portion of Suisun Bay 
bounded by the north shore and the following lines: Beginning on the 
shore of Grizzly Island at latitude 38[deg]08[min]13[sec] N., longitude 
122[deg]02[min]42.5[sec] W.; thence southerly to tripod at Preston Point 
on Roe Island at latitude 38[deg]04[min]16[sec] N., longitude 
122[deg]02[min]42[sec] W.; thence along the south shore of Roe Island to 
latitude 38[deg]04[min]05[sec] N., longitude 122[deg]01[min]35[sec] W.; 
thence east-southeasterly to latitude 38[deg]03[min]42.5[sec] N., 
longitude 121[deg]58[min]54[sec] W.; thence easterly to the shore of 
Chipps Island at latitude 38[deg]03[min]42.5[sec] N., longitude 
121[deg]55[min]05[sec] W.
    (20) Anchorage No. 28. The area bounded on the east by the shore of 
Lower Sherman Island and the following lines: Beginning at Point 
Sacramento on Lower Sherman Island at latitude 38[deg]03[min]45[sec] N., 
longitude 121[deg]50[min]17.5[sec] W.; thence southwesterly to latitude 
38[deg]03[min]37.5[sec] N., longitude 121[deg]50[min]31[sec] W.; thence 
south-southeasterly to latitude 38[deg]02[min]11[sec] N.; longitude 
121[deg]49[min]58[sec] W.; thence to the shore of Lower Sherman Island 
at latitude 38[deg]02[min]23[sec] N., longitude 121[deg]49[min]49[sec] 
W.
    (21) Anchorage No. 30. The portion of the Old San Joaquin River 
Channel bounded on the west by the shore of Mandeville Point and the 
following lines: Beginning on the shore of Mandeville Point at latitude 
38[deg]04[min]01[sec] N., longitude 121[deg]32[min]05[sec] W.; thence 
northeasterly to latitude 38[deg]04[min]07.5[sec] N., longitude 
121[deg]31[min]58[sec] W.; thence southeasterly to latitude 
38[deg]03[min]47[sec] N., longitude 121[deg]31[min]42.5[sec] W.; thence 
westerly to the shore of Mandeville Point at latitude 
38[deg]03[min]47.5[sec] N., longitude 121[deg]31[min]56[sec] W.

[CGD12 84-07, 51 FR 12315, Apr. 10, 1986; 51 FR 15322, Apr. 23, 1986, as 
amended by CGD12 86-13, 52 FR 11646, Apr. 10, 1987; CGD11-88-03, 53 FR 
17028, May 13, 1988; CGD11-88-01, 53 FR 20618, June 6, 1988; CGD11-88-
04, 53 FR 37557, Sept. 27, 1988; CGD11-91-07, 57 FR 11578, Apr. 6, 1992; 
CGD11-94-005, 59 FR 64580, Dec. 15, 1994; CGD 96-026, 61 FR 33663, June 
28, 1996; CGD11-97-002, 63 FR 32740, June 16, 1998; CGD11-01-003, 66 FR 
33833, June 26, 2001; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec. 110.228  Columbia River, Oregon and Washington.

    (a) The anchorage grounds.--(1) Astoria North Anchorage. An area 
enclosed by a line beginning north of Astoria, Oregon, at latitude 
46[deg]11[min]47[sec] N, longitude 123[deg]49[min]39[sec] W; thence 
continuing northerly to latitude 46[deg]12[min]05[sec] N, longitude 
123[deg]49[min]35[sec] W; thence northeasterly to latitude 
46[deg]13[min]16[sec] N, longitude 123[deg]46[min]23[sec] W; thence 
southerly to latitude 46[deg]13[min]01[sec] N, longitude 
123[deg]46[min]12[sec] W; thence southwesterly to latitude 
46[deg]11[min]52[sec] N, longitude 123[deg]49[min]13[sec] W; thence 
westerly to the point of beginning.
    (2) Astoria South Anchorage. An area enclosed by a line beginning 
north of Astoria, Oregon, at latitude 46[deg]11[min]38[sec] N, longitude 
123[deg]48[min]59[sec] W; thence continuing northerly to latitude 
46[deg]11[min]47[sec] N, longitude 123[deg]49[min]08[sec] W; thence 
northeasterly to latitude 46[deg]13[min]03[sec] N, longitude 
123[deg]45[min]50[sec] W; thence northeasterly to latitude 
46[deg]13[min]07[sec] N, longitude 123[deg]45[min]37[sec] W; thence 
southerly to latitude 46[deg]12[min]56[sec] N, longitude 
123[deg]45[min]30[sec] W; thence southwesterly to latitude 
46[deg]12[min]24[sec] N, longitude 123[deg]46[min]33[sec] W; thence 
southwesterly to latitude 46[deg]12[min]07[sec] N, longitude 
123[deg]47[min]24[sec] W; thence southwesterly to the point of 
beginning.
    (3) Longview Anchorage. An area enclosed by a line beginning 
southeast of Longview, Washington, at latitude 46[deg]07[min]15[sec] N, 
longitude 122[deg]59[min]08[sec] W; thence continuing northeasterly to 
latitude 46[deg]07[min]23[sec] N, longitude 122[deg]58[min]56[sec] W; 
thence southeasterly to latitude 46[deg]06[min]58[sec] N, longitude 
122[deg]58[min]20[sec] W; thence southeasterly to latitude 
46[deg]06[min]42[sec] N, longitude 122[deg]57[min]56[sec] W; thence 
southerly to latitude 46[deg]06[min]33[sec] N, longitude 
122[deg]58[min]04[sec] W; thence westerly to latitude 
46[deg]06[min]35[sec] N, longitude

[[Page 522]]

122[deg]58[min]10[sec] W; thence northwesterly to latitude 
46[deg]06[min]42[sec] N, longitude 122[deg]58[min]23[sec] W; thence 
northwesterly to the point of beginning.
    (4) Kalama Anchorage. An area enclosed by a line beginning northeast 
of Sandy Island at latitude 46[deg]00[min]59[sec] N, longitude 
122[deg]51[min]31[sec] W; thence continuing southeasterly to latitude 
46[deg]00[min]55[sec] N, longitude 122[deg]51[min]27[sec] W; thence 
southeasterly to latitude 46[deg]00[min]36[sec] N, longitude 
122[deg]51[min]11[sec] W; thence southerly to latitude 
45[deg]59[min]42[sec] N, longitude 122[deg]50[min]48[sec] W; thence 
westerly to latitude 45[deg]59[min]39[sec] N, longitude 
122[deg]50[min]59[sec] W; thence northerly to latitude 
46[deg]00[min]35[sec] N, longitude 122[deg]51[min]26[sec] W; thence 
northwesterly to latitude 46[deg]00[min]52[sec] N, longitude 
122[deg]51[min]41[sec] W; thence northeasterly to the point of 
beginning.
    (5) Woodland Anchorage. An area enclosed by a line beginning east of 
Columbia City, Oregon, at latitude 45[deg]53[min]56[sec] N, longitude 
122[deg]48[min]13[sec] W; thence continuing easterly to latitude 
45[deg]53[min]58[sec] N, longitude 122[deg]47[min]58[sec] W; thence 
southerly to latitude 45[deg]53[min]29[sec] N, longitude 
122[deg]47[min]41[sec] W; thence westerly to latitude 
45[deg]53[min]21[sec] N, longitude 122[deg]47[min]59[sec] W; thence 
northerly to latitude 45[deg]53[min]42[sec] N, longitude 
122[deg]48[min]09[sec] W; thence northerly to the point of beginning.
    (6) Henrici Bar Anchorage. An area enclosed by a line beginning near 
the mouth of Bachelor Slough at latitude 45[deg]47[min]25[sec] N, 
longitude 122[deg]46[min]45[sec] W; thence continuing southeasterly to 
latitude 45[deg]46[min]46[sec] N, longitude 122[deg]46[min]10[sec] W; 
thence southeasterly to latitude 45[deg]46[min]26[sec] N, longitude 
122[deg]45[min]56[sec] W; thence southerly to latitude 
45[deg]46[min]04[sec] N, longitude 122[deg]45[min]46[sec] W; thence 
southerly to latitude 45[deg]45[min]42[sec] N, longitude 
122[deg]45[min]41[sec] W; thence southerly to latitude 
45[deg]45[min]38[sec] N, longitude 122[deg]45[min]41[sec] W; thence 
westerly to latitude 45[deg]45[min]38[sec] N, longitude 
122[deg]45[min]48[sec] W; thence northerly to latitude 
45[deg]46[min]17[sec] N, longitude 122[deg]46[min]06[sec] W; thence 
northwesterly to latitude 45[deg]47[min]21[sec] N, longitude 
122[deg]46[min]55[sec] W; thence northeasterly to the point of 
beginning.
    (7) Willow Bar Anchorage. An area enclosed by a line beginning 
northeast of Reeder Point at latitude 45[deg]43[min]41[sec] N, longitude 
122[deg]45[min]36[sec] W; thence continuing easterly to latitude 
45[deg]43[min]40[sec] N, longitude 122[deg]45[min]26[sec] W; thence 
southerly to latitude 45[deg]41[min]28[sec] N, longitude 
122[deg]46[min]12[sec] W; thence westerly to latitude 
45[deg]41[min]30[sec] N, longitude 122[deg]46[min]22[sec] W; thence 
northerly to the point of beginning.
    (8) Kelley Point Anchorage. An area enclosed by a line beginning 
east of Kelley Point at latitude 45[deg]39[min]07[sec] N, longitude 
122[deg]45[min]36[sec] W; thence continuing northeasterly to latitude 
45[deg]39[min]11[sec] N, longitude 122[deg]45[min]32[sec] W; thence 
southerly to latitude 45[deg]39[min]03[sec] N, longitude 
122[deg]45[min]17[sec] W; thence westerly to latitude 
45[deg]38[min]58[sec] N, longitude 122[deg]45[min]22[sec] W; thence 
northerly to the point of beginning.
    (9) Hayden Island Anchorage. An area enclosed by a line beginning 
south of Mathews Point at latitude 45[deg]38[min]44[sec] N, longitude 
122[deg]44[min]35[sec] W; thence continuing easterly to latitude 
45[deg]38[min]27[sec] N, longitude 122[deg]43[min]21[sec] W; thence 
southeasterly to latitude 45[deg]38[min]12[sec] N, longitude 
122[deg]43[min]03[sec] W; thence westerly to latitude 
45[deg]38[min]19[sec] N, longitude 122[deg]43[min]40[sec] W; thence 
northwesterly to latitude 45[deg]38[min]42[sec] N, longitude 
122[deg]44[min]36[sec] W; thence northeasterly to the point of 
beginning.
    (b) The regulations. (1) All designated anchorages are intended for 
the primary use of deep-draft vessels over 200 feet in length.
    (2) If a vessel under 200 feet in length is anchored in a designated 
anchorage, the master or person in charge of the vessel shall:
    (i) Ensure that the vessel is anchored so as to minimize conflict 
with large, deep-draft vessels utilizing or seeking to utilize the 
anchorage; and
    (ii) Move the vessel out of the area if requested by the master of a 
large, deep-draft vessel seeking to enter or depart the area or if 
directed by the Captain of the Port.
    (3) No vessel may occupy a designated anchorage for more than 30 
consecutive days without a permit from the Captain of the Port.
    (4) No vessel being layed-up or dismantled or undergoing major 
alterations or repairs may occupy a designated anchorage without a 
permit from the Captain of the Port.
    (5) No vessel carrying a Cargo of Particular Hazard listed in Sec. 
126.10 of this

[[Page 523]]

chapter may occupy a designated anchorage without permission from the 
Captain of the Port.
    (6) No vessel in a condition such that it is likely to sink or 
otherwise become a hazard to the operation of other vessels shall occupy 
a designated anchorage except in an emergency and then only for such 
periods as may be authorized by the Captain of the Port.
    (7) Except as allowed for emergencies, no vessel may occupy either 
the Henrici Bar or Willow Bar Anchorages during the commercial drift 
fishing seasons established by the Oregon Department of Fish and 
Wildlife (ODFW). Vessels occupying either of these anchorages at the 
time a drift fishing season is announced must depart prior to 
commencement of the season. In no case, however, shall a vessel have 
less than 48 hours to effect the move.
    (8) ODFW will normally notify the Captain of the Port four days in 
advance of any commercial drift fishing season. Once notified, the 
Captain of the Port will inform the Portland Steamship Operators 
Association (PSOA) via the Merchant's Exchange and will notify the 
Columbia River and Bar Pilots.

[CGD13 85-07, 52 FR 46761, Dec. 10, 1987]



Sec. 110.229  Straits of Juan de Fuca, Wash.

    (a) Anchorage grounds--(1) Nonanchorage area (Port Angeles Harbor). 
Beginning at a point on the shore at latitude 48[deg]07[min]04.5[sec] 
N., longitude 123[deg]24[min]15.6[sec] W.; thence to latitude 
48[deg]07[min]39.1[sec] N., longitude 123[deg]24[min]00[sec] W.; thence 
to latitude 48[deg]07[min]36.7[sec] N., longitude 123[deg]23[min]46[sec] 
W.; thence to a point on the shoreline at latitude 
48[deg]06[min]57.4[sec] N., longitude 123[deg]24[min]04[sec] W.
    (b) The regulations. (1) No vessel may anchor in this nonanchorage 
area at any time.
    (2) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this nonanchorage area are prohibited.
    (3) Vessels may transit his nonanchorage area, but must proceed by 
the most direct route and without unnecessary delay.
    (4) The city of Port Angeles will mark this area with signs on the 
shoreline visible (during normal daylight) 1 mile to seaward reading, 
``Do not Anchor in This Area.''

[CGD 72-233, 39 FR 41849, Dec. 3, 1974]



Sec. 110.230  Puget Sound Area, Wash.

    (a) The anchorage grounds--(1) Freshwater Bay emergency explosives 
anchorage, Strait of Juan de Fuca. All of Freshwater Bay and adjacent 
waters shoreward of a line beginning at Observatory Point, latitude 
48[deg]09[min]03[sec], longitude 123[deg]38[min]12[sec], thence due 
north approximately 1,150 yards to latitude 48[deg]09[min]36[sec], 
longitude 123[deg]38[min]12[sec]; thence 90[deg], approximately 6,450 
yards, to latitude 48[deg]09[min]36[sec], longitude 
123[deg]33[min]27[sec]; thence 180[deg] to the shoreline.
    (i) This area does not constitute an explosives anchorage for 
loading or discharging explosives, but is established exclusively for 
use by explosives laden vessels enroute to the ammunition dumping area 
which encounter adverse weather and sea conditions and are forced to 
await more favorable conditions before proceeding to sea.
    (1-a) Bellingham Bay General Anchorage. The waters of Bellingham Bay 
within a circular area with a radius of 2,000 yards, having its center 
at latitude 48[deg]44[min]15[sec], longitude 122[deg]32[min]25[sec].
    (1-b) Bellingham Bay Explosives Anchorage. The waters of Bellingham 
Bay within a circular area with a radius of 1,000 yards, having its 
center at latitude 48[deg]42[min]48[sec], longitude 
122[deg]33[min]37[sec].
    (2) Port Townsend Explosives Anchorages--(i) Fair weather anchorage 
area. A circular area having a radius of 300 yards, whose center is at 
latitude 48[deg]06[min]26[sec], longitude 122[deg]43[min]46[sec].
    (ii) Foul weather anchorage area. A circular area having a radius of 
300 yards, whose center is at latitude 48[deg]04[min]05[sec], longitude 
122[deg]44[min]52[sec].
    (3) Holmes Harbor General Anchorage. All of Holmes Harbor lying 
southerly of a line ranging 310[deg] through Hackney Island, between the 
shores of Whidbey Island.
    (4) Port Gardner General Anchorage, Possession Sound. Beginning at a 
point bearing 211[deg], 560 yards, from Snohomish River Light 5; thence 
180[deg], 675 yards; thence 216[deg], 250 yards; thence 254[deg], 800 
yards; thence 302[deg], 1,700 yards; thence 49[deg], 1,280 yards; thence 
approximately

[[Page 524]]

115[deg], 1,525 yards, to the point of beginning.
    (5) [Reserved]
    (6) Thorndike Bay Emergency Explosives Anchorage, Hood Canal. 
Beginning at a point bearing 267[deg], 3,500 yards, from Hood Canal 
Light 7; thence 180[deg], 1,000 yards to a point approximately 251[deg], 
3,725 yards, from Hood Canal Light 7; thence 270[deg], 1,350 yards to a 
point approximately 256[deg], 5,000 yards, from Hood Canal Light 7; 
thence due north 1,000 yards, to a point approximately 268[deg], 4,900 
yards, from Hood Canal Light 7; thence approximately 90[deg], 1,350 
yards, to the point of beginning.
    (7) Smith Cove General Anchorage (west), Elliott Bay. Shoreward of a 
line beginning at Fourmile Rock Light; thence to a point bearing 
207[deg], 1,100 yards, from Fourmile Rock Light; thence southeasterly to 
a point bearing 6[deg]30[min], 2,075 yards, from Duwamish Head Light 2; 
thence due north to the shore of Smith Cove.
    (8) Smith Cove General Anchorage (east) Elliott Bay. Shoreward of a 
line beginning at latitude 47[deg]37[min]36.3[sec] N., Longitude 
122[deg]22[min]38[sec] W.; thence due south 1,350 yards to latitude 
47[deg]36[min]56.6[sec] N., Longitude 122[deg]22[min]38[sec] W.; thence 
due east to the shore at latitude 47[deg]36[min]56.6[sec] N., Longitude 
122[deg]21[min]18.8[sec] W.
    (9) Elliott Bay General Anchorage (east). Shoreward of a line 
beginning at the northeast corner of Harbor Island at latitude 
47[deg]35[min]26.2[sec] N., longitude 122[deg]20[min]41[sec] W.; thence 
due north 1,025 yards to latitude 47[deg]35[min]56.5[sec] N., longitude 
122[deg]20[min]41[sec] W.; thence due west on said line to its 
intersection with the east line of the West Waterway at latitude 
47[deg]35[min]56.5[sec] N., longitude 120[deg]21[min]25.5[sec] W.; 
thence due south to the northwest corner of Harbor Island at latitude 
47[deg]35[min]17.3[sec] N., longitude 122[deg]21[min]25.5[sec] W.
    (10) Elliott Bay General Anchorage (west). Shoreward of a line 
beginning at latitude 47[deg]35[min]06.7[sec] N., longitude 
122[deg]21[min]36.8[sec] W.; thence due north to latitude 
47[deg]35[min]46[sec] N., longitude 122[deg]21[min]36.8[sec] W.; thence 
on a bearing 335[deg] T for 400 yards to latitude 
47[deg]35[min]56.5[sec] N., longitude 122[deg]21[min]44[sec] W.; thence 
due west to Duwamish Head Light; thence due south to the shoreline.
    (11) Orchard Point General Anchorage, Puget Sound. Beginning at 
Orchard Point Light; thence 106[deg], two miles; thence 180[deg] to the 
northern shore of Blake Island; thence west and south along the 
shoreline to the southern end of Blake Island at approximate longitude 
122[deg]29[min]16[sec]; thence 250[deg] to the dock at Harper; thence 
westerly and northerly along the shoreline to the point of beginning.
    (12) [Reserved]
    (13) Commencement Bay General Anchorage. A quadrilateral area 
bounded as follows: Beginning at latitude 47[deg]17[min]37[sec] N., 
longitude 122[deg]26[min]00[sec] W.; thence due south to latitude 
47[deg]17[min]19[sec] N., longitude 122[deg]26[min]00[sec] W.; thence 
due east to a point bearing 286[deg] T from Hylebos Waterway Light 1 at 
a distance of 450 yards; thence due north to latitude 
47[deg]17[min]33[sec] N., longitude 122[deg]25[min]00[sec] W.; thence 
west northwest to the point of beginning.
    (14) Cherry Point General Anchorage. The waters within a circular 
area with a radius of 0.8 nautical mile, having its center at latitude 
48[deg]48[min]30[sec] N., longitude 122[deg]46[min]00[sec] W.
    (15) Anacortes General Anchorages. (i) Anacortes East (ANE) 
Anchorage Area. The waters within a circular area with a radius of 600 
yards, having its center at 48[deg]31[min]27[sec] N., 
122[deg]33[min]45[sec] W. [Datum: NAD 1983].
    (ii) Anacortes Center (ANC) Anchorage Area. The waters within a 
circular area with a radius of 600 yards, having its center at 
48[deg]30[min]54[sec] N, 122[deg]34[min]06[sec] W. [Datum: NAD 1983].
    (iii) Anacortes West (ANW) Anchorage Area. The waters within a 
circular area with a radius of 600 yards, having its center at 
48[deg]31[min]09[sec] N, 122[deg]34[min]55[sec] W. [Datum: NAD 1983].
    (16) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48[deg]31[min]16[sec] N, 
122[deg]36[min]00[sec] W, which is approximately the northeast tip of 
Cap Sante; then southeast to 48[deg]30[min]53[sec] N, 
122[deg]35[min]28[sec] W; then west southwest to 48[deg]30[min]45[sec] 
N, 122[deg]35[min]52[sec] W, approximately the south tip of Cap Sante; 
then north along the shoreline to the point of origin. [Datum: NAD 
1983].
    (17) Hat Island Tug and Barge General Anchorage. The Hat Island Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting

[[Page 525]]

the following points: 48[deg]31[min]19[sec] N, 122[deg]33[min]04[sec] W, 
near the west side of Hat Island; then southwest to 
48[deg]30[min]37[sec] N, 122[deg]33[min]38[sec] W; then east to 
48[deg]30[min]37[sec] N, 122[deg]32[min]00[sec] W; then northwest to the 
point of origin. [Datum: NAD 1983].
    (b) The regulations. (1) No vessel shall anchor in any general 
anchorage described in paragraph (a) of this section without prior 
permission from the Captain of the Port (COTP), or his authorized 
representative. Vessel Traffic Service Puget Sound is designated as the 
COTP's authorized representative. All vessels should seek permission at 
least 48 hours prior to arrival at the anchorage area in order to avoid 
unnecessary delays.
    (i) Except for the Anacortes General Anchorages, a berth in a 
general anchorage, if available, may be assigned to any vessel by the 
Captain of the Port or his authorized representative upon application 
and he may grant revocable permits for the continuous use of the same 
berth. For the Anacortes General Anchorages, the following hierarchy 
will be applied for assignment of a berth: tankers conducting lightering 
operations, then loaded tankers, and then all other vessels.
    (ii) Tugs and oil barges using the Cap Sante and Hat Island General 
Anchorages are exempt from the requirement to obtain the COTP's 
permission.
    (2) Except for the Anacortes General Anchorages, no vessel shall 
occupy any general anchorage for a period longer than 30 days unless a 
permit is obtained from the Captain of the Port for that purpose. There 
is a 10 days maximum stay at the Anacortes East and Anacortes Center 
general anchorages, and 6 day maximum stay at the Anacortes West general 
anchorage.
    (3) The COTP or his authorized representative may require vessels to 
depart from the Anacortes General Anchorage before the expiration of the 
authorized or maximum stay. The COTP or his authorized representative 
will provide at least 24-hour notice to a vessel required to depart the 
Anacortes General Anchorage.
    (4) No vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to the navigation or anchorage 
of other vessels shall occupy any general anchorage except in an 
emergency and then only for such period as may be permitted by the 
Captain of the Port.
    (5) Within the Anacortes General Anchorages, lightering operations 
shall only be conducted in the Anacortes West and Anacortes Center 
anchorages.
    (6) Tugs and barges using the Cap Sante and Hat Island Barge General 
Anchorages are required to ensure their vessels and barges do not 
project beyond the holding area's boundaries. The tug must be manned, 
remain in attendance with the barge and maintain a communications guard 
with VTS on an appropriate VTS VHF radio working frequency, which is 
currently channel 5A.
    (7) No vessel shall anchor in any general anchorage described in 
paragraph (a) of this section without prior permission from the Captain 
of the Port, or his authorized representative. No vessel shall occupy 
any general anchorage for a period longer than 30 days unless a permit 
is obtained from the Captain of the Port for that purpose. No vessel in 
a condition such that it is likely to sink or otherwise become a menace 
or obstruction to the navigation or anchorage of other vessels shall 
occupy a general anchorage except in an emergency and then only for such 
period as may be permitted by the Captain of the Port. A berth in a 
general anchorage, if available, may be assigned to any vessel by the 
Captain of the Port upon application and he may grant revocable permits 
for the continuous use of the same berth.
    (8) Explosive anchorages are reserved for vessels carrying 
explosives. All vessels carrying explosives shall be within these areas 
when anchored.
    (9) Whenever any vessel not fitted with mechanical power, anchors in 
an explosive anchorage, the Captain of the Port may require the 
attendance of a tug upon such vessel, when, in his judgment, such action 
is necessary.
    (10) Vessels carrying explosives shall comply with the general 
regulations in paragraph (b)(1) of this section, when applicable.
    (11) Every vessel at anchor in an explosives anchorage shall display 
by day a red flag at least 16 square feet in area at its mast head or at 
least 10 feet above the upper deck if the vessel has

[[Page 526]]

no mast, and by night a red light in the same position specified for the 
flag. These signals shall be in addition to day signals and lights 
required to be shown by all vessels when at anchor.
    (12) Every vessel constructed of wood shall, unless there are steel 
bulwarks or metallic cases or cargo on board, be fitted with radar 
reflector screens of metal of sufficient size to permit target 
indication on the radar screen of commercial type radars.
    (13) Fishing and navigation by pleasure and commercial craft are 
prohibited within the area at all times when vessels which are anchored 
in the area for the purpose of loading or unloading explosives display a 
red flag by day and a red light by night, unless special permission is 
granted by the Captain of the Port.
    (14) No explosives handling in any explosive anchorage will be 
undertaken by any vessel unless personnel from the Captain of the Port 
are on board to supervise the handling of explosives.
    (15) No vessel shall remain at anchor in any explosive anchorage 
unless there is on board such vessel a competent watchman or a tug in 
attendance.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
110.230, see the List of CFR Sec. ions Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 110.231  Ketchikan Harbor, Alaska, Large Passenger Vessel Anchorage.

    (a) The anchorage grounds. Ketchikan Harbor, Alaska, Large Passenger 
Vessel Anchorage. The waters of Ketchikan Harbor, Ketchikan, Alaska, 
enclosed by the following boundary lines: A line from Thomas Basin 
Entrance Light ``2'' to East Channel Lighted Buoy ``4A'', to Pennock 
Island Reef Lighted Buoy ``PR'', to Wreck Buoy ``WR6'', then following a 
line bearing 064 degrees true to shore. This anchorage is effective 24 
hours per day from 1 May through 30 September, annually.
    (b) The regulations. (1) When transiting through the anchorage, all 
vessels using propulsion machinery shall proceed across the anchorage by 
the most direct route and without unnecessary delay. Sudden course 
changes within the anchorage are prohibited.
    (2) No vessels, other than a large passenger vessel of over 1600 
gross tons, (including ferries), may anchor within the anchorage without 
the express consent of the Captain of the Port, Southeast Alaska.

[CGD17-99-002, 64 FR 29558, June 2, 1999]



Sec. 110.232  Southeast Alaska.

    (a) The anchorage grounds--(1) Hassler Harbor--explosives anchorage. 
The waters of Hassler Harbor within a circular area with a radius of 
1,500 yards, having its center at latitude 55[deg]12[min]52[sec] N., 
longitude 131[deg]25[min]52[sec] W.
    (b) The regulations. (1) Except in an emergency, only a vessel that 
is transporting, loading or discharging explosives may anchor, moor, or 
remain within the Hassler Harbor explosives anchorage.
    (2) A master or person in charge of a vessel shall obtain a written 
permit from the Captain of the Port, Southeast, Alaska, to anchor, moor, 
or remain within the explosives anchorage. The vessel shall anchor in 
the position specified by the permit.
    (3) The net weight of the explosives laden aboard all vessels 
anchored, moored, or remaining within the anchorage shall not exceed 
800,000 pounds.
    (4) The Captain of the Port, Southeast, Alaska, may require a 
nonself propelled vessel to be attended by a tug while moored, anchored, 
or remaining within the explosives anchorage.
    (5) A wooden vessel must:
    (i) Be fitted with a radar reflector screen of metal of sufficient 
size to permit target indication on the radar screen of commercial type 
radar; or
    (ii) Have steel bulwarks; or
    (iii) Have metallic cases or cargo aboard.
    (6) Each vessel moored, anchored, or remaining within the explosives 
anchorage and carrying, loading, or discharging explosives from sunrise 
to sunset shall display:
    (i) A red flag from the mast; or
    (ii) A sign posted on each side of the vessel reading ``Explosive--
Keep Clear--No Smoking or Open Flame'' in letters that are 3 inches or 
larger and

[[Page 527]]

have sufficient contrast with the background to be seen from a distance 
of 200 feet.
    (7) Each vessel moored, anchored, or remaining within the anchorage 
during the night shall display:
    (i) Anchor lights; and
    (ii) A 32 point red light located from the mast or highest part of 
the vessel to be visible all around the horizon for a distance of 2 
miles.

[CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended by CGD 77-020, 42 
FR 30618, June 16, 1977]



Sec. 110.233  Prince William Sound, Alaska.

    (a) The anchorage grounds. In Prince William Sound, Alaska, 
beginning at a point at latitude 60[deg]40[min]00[sec] N., longitude 
146[deg]40[min]00[sec] W.; thence south to latitude 
60[deg]38[min]00[sec] N., longitude 146[deg]40[min]00[sec] W.; thence 
east to latitude 60[deg]38[min]00[sec] N., longitude 
146[deg]30[min]00[sec] W.; thence north to latitude 
60[deg]39[min]00[sec] N., longitude 146[deg]30[min]00[sec] W.; thence 
northwesterly to the beginning point.
    (b) The regulations. (1) This anchorage area is for the temporary 
use of vessels during:
    (i) Adverse weather or tidal conditions;
    (ii) Vessel equipment failure; or
    (iii) Delays at Port Valdez;
    (2) No vessel may anchor in this anchorage without notifying the 
vessel traffic center in Valdez; and
    (3) Each vessel anchored shall notify the vessel traffic center in 
Valdez when it weighs anchor.

[CGD 77-144, 43 FR 21459, May 18, 1978]



Sec. 110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 83).

    (a) The anchorage grounds--(1) Anchorage A. The waters bounded by 
the arc of a circle with a radius of 350 yards with the center located 
at:

Latitude                             Longitude
 
21[deg]16[min]57[sec] N              157[deg]53[min]12[sec] W
 

    (2) Anchorage B. The waters bounded by a line connecting the 
following coordinates:

21[deg]17[min]06[sec] N             157[deg]54[min]40[sec] W; to
21[deg]17[min]22[sec] N             157[deg]54[min]40[sec] W; to
21[deg]17[min]22[sec] N             157[deg]54[min]19[sec] W; to
21[deg]17[min]06[sec] N             157[deg]54[min]19[sec] W; and thence
                                     to
21[deg]17[min]06[sec] N             157[deg]54[min]40[sec] W
 

    (3) Anchorage C. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

21[deg]17[min]09[sec] N             157[deg]54[min]55[sec] W
 

    (4) Anchorage D. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

21[deg]17[min]21[sec] N             157[deg]55[min]20[sec] W
 

    (b) The regulations. (1) Anchors must be placed inside the anchorage 
areas.
    (2) The anchorages are general anchorages for commercial vessels. 
Anchorage A should be used only if Anchorages B, C, and D are full.
    (3) No bunkering operations or vessel to vessel transfer of oil in 
bulk of any kind is permitted within Anchorage A.
    (4) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
navigation and with safe navigation practice.
    (c) Before entering into the anchorage grounds in this section you 
must first obtain permission from the Captain of the Port Honolulu.

[CGD14-93-003, 59 FR 40820, Aug. 10, 1994, as amended by CGD14-03-001, 
68 FR 20346, Apr. 25, 2003]



Sec. 110.236  Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: Offshore pipeline terminal anchorages.

    (a) The anchorage grounds--(1) Anchorage A. The waters within an 
area described as follows: A circle of 1,000 feet radius centered at 
latitude 21[deg]17[min]43.6[sec] N., longitude 158[deg]07[min]36.1[sec] 
W. (Datum NAD 83)
    (2) Nonanchorage area A. The waters extending 300 feet on either 
side of a line bearing 059[deg] from anchorage A to the shoreline at 
latitude 21[deg]18[min]10.6[sec] N., longitude 158[deg]06[min]47.1[sec] 
W. (Datum NAD 83)
    (3) Anchorage B. The waters enclosed by a line beginning at latitude 
21[deg]16[min]20.1[sec] N., longitude 158[deg]04[min]59.1[sec] W.; 
thence to latitude 21[deg]15[min]52.5[sec] N., longitude 
158[deg]05[min]7[sec] W.; thence to latitude 21[deg]15[min]59.7[sec] N., 
longitude 158[deg]05[min]35.9[sec] W.; thence to latitude 
21[deg]16[min]27.4[sec] N., longitude 158[deg]05[min]28[sec] W.; thence 
to the point of beginning. (Datum NAD 83)

[[Page 528]]

    (4) Nonanchorage area B. The waters extending 300 feet on either 
side of a line bearing 334.5[deg] from anchorage B to the shoreline at 
latitude 21[deg]17[min]39.1[sec] N., longitude 158[deg]06[min]03.2[sec] 
W. (Datum NAD 83)
    (5) Anchorage C. The waters enclosed by a line beginning at latitude 
21[deg]16[min]46.6[sec] N., longitude 158[deg]04[min]29.1[sec] W.; 
thence to latitude 21[deg]16[min]46.6[sec] N., longitude 
158[deg]04[min]02.1[sec] W.; thence to latitude 21[deg]16[min]32.6[sec] 
N., longitude 158[deg]04[min]02.1[sec] W.; thence to latitude 
21[deg]16[min]32.6[sec] N., longitude 158[deg]04[min]29.1[sec] W.; 
thence to the point of beginning. (Datum NAD 83)
    (6) Nonanchorage area C. The waters extending 300 feet on either 
side of a line bearing 306[deg] from anchorage C to the shoreline at 
latitude 21[deg]17[min]42.6[sec] N., longitude 158[deg]05[min]57.9[sec] 
W. (Datum NAD 83)
    (7) Anchorage D. The waters enclosed by a line beginning at latitude 
21[deg]17[min]48.6[sec] N., longitude 158[deg]07[min]10.1[sec] W.; 
thence to latitude 21[deg]17[min]44.6[sec] N., longitude 
158[deg]07[min]06.1[sec] W.; thence to latitude 21[deg]17[min]37.6[sec] 
N., longitude 158[deg]07[min]14.1[sec] W.; thence to latitude 
21[deg]17[min]41.6[sec] N., longitude 158[deg]07[min]18.1[sec] W.; 
thence to the point of beginning. (Datum NAD 83)
    (b) The regulations. (1) No vessels may anchor, moor, or navigate in 
anchorages A, B, C, or D except:
    (i) Vessels using the anchorages and their related pipelines for 
loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other vessels 
engaged in servicing the anchorage facilities or vessels using them;
    (iii) Public vessels of the United States.
    (2) When vessels are conducting loading or unloading operations as 
indicated by the display of a red flag (international code flag B) at 
the masthead, passing vessels of over 100 gross tons shall not approach 
within 1,000 yards at a speed in excess of 6 knots.
    (3) The owner of any vessel wanting to use an anchorage ground and 
use of the related pipeline facilities shall notify the Captain of the 
Port, Honolulu, Hawaii, and the Commanding Officer, U.S. Naval Air 
Station, Barbers Point, Hawaii, at least 24 hours in advance of desired 
occupancy of the anchorage ground by the vessel. Such notification must 
include the maximum height above the waterline of the uppermost portion 
of the vessel's mast and a description of the masts' lighting including 
height of the highest anchor light and any aircraft warning lights to be 
displayed by the vessel at night.
    (4) When, in the opinion of the Captain of the Port, or his 
authorized representative, oil transfer operations within these 
anchorages could jeopardize the safety of vessels or facilities in the 
area, or cause an undue risk of oil pollution, such oil transfer 
operations shall be immediately terminated until such time as the 
cognizant Coast Guard officer determines that the danger has subsided.
    (5) Nonanchorage areas A, B, and C are established for the 
protection of submerged pipelines. Except for vessels servicing pipeline 
facilities, no anchoring, dragging, seining or other potential pipeline 
fouling activities are permitted within these areas.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
the road and safe navigation practice.
    (7) The regulations of this section are enforced by the Captain of 
the Port or his duly authorized representative.

[CGD 73-59R, 38 FR 16777, June 26, 1973, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2002-12471, 67 FR 41332, June 18, 2002]



Sec. 110.237  Pacific Ocean at Waimea, Hawaii, Naval Anchorage.

    (a) The Anchorage grounds. All the waters within a circle having a 
radius of 300 yards centered at latitude 21[deg]56[min]50.7[sec] N., 
longitude 159[deg]41[min]22.9[sec] W. (Datum NAD 83)
    (b) The regulation. Except in an emergency, no vessel except a Naval 
vessel may anchor or moor in this anchorage without permission of the 
Captain of the Port, Honolulu, Hawaii.

[CGD 74-187, 41 FR 54176, Dec. 13, 1976, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2002-12471, 67 FR 41332, June 18, 2002]



Sec. 110.238  Apra Harbor, Guam.

    (a) The anchorage grounds (Datum: WGS 84). (1) General Anchorage. 
The waters bounded by a line connecting the following points:

[[Page 529]]



13[deg]27[min]32.0[sec] N           144[deg]39[min]36.8[sec] E
13[deg]27[min]21.0[sec] N           144[deg]39[min]22.8[sec] E
13[deg]27[min]12.5[sec] N           144[deg]37[min]25.4[sec] E
 

and thence along the shoreline to

13[deg]27[min]45.5[sec] N           144[deg]39[min]34.8[sec] E
 

and thence to the point of beginning.

    (2) Explosives Anchorage 701. The water in Naval Anchorage A bounded 
by the arc of a circle with a radius of 350 yards and located at:

13[deg]26[min]54.0[sec] N           144[deg]37[min]53.5[sec] E
 

    (3) Naval Explosives Anchorage 702. The waters in the General 
Anchorage bounded by the arc of a circle with a radius of 350 yards and 
with the center located at:

13[deg]27[min]29.9[sec] N           144[deg]38[min]13.0[sec] E
 

    (4) Naval Anchorage A. The waters bounded by a line connecting the 
following points:

13[deg]26[min]47.3[sec] N           144[deg]37[min]42.6[sec] E
13[deg]27[min]02.0[sec] N           144[deg]37[min]42.6[sec] E
13[deg]27[min]10.6[sec] N           144[deg]39[min]00.8[sec] E
13[deg]26[min]59.6[sec] N           144[deg]39[min]00.8[sec] E
13[deg]26[min]59.6[sec] N           144[deg]39[min]08.6[sec] E
13[deg]26[min]54.3[sec] N           144[deg]39[min]08.6[sec] E
13[deg]26[min]54.3[sec] N           144[deg]39[min]24.2[sec] E
13[deg]26[min]42.2[sec] N           144[deg]39[min]24.2[sec] E
13[deg]26[min]40.4[sec] N           144[deg]38[min]01.8[sec] E
 

and thence to the point of beginning.

    (5) Naval Anchorage B. The waters bounded by a line connecting the 
following points:

13[deg]26[min]43.7[sec] N           144[deg]39[min]53.3[sec] E
13[deg]26[min]53.6[sec] N           144[deg]40[min]03.8[sec] E
13[deg]26[min]51.0[sec] N           144[deg]40[min]06.0[sec] E
13[deg]26[min]41.0[sec] N           144[deg]39[min]56.0[sec] E
 

and thence along the shoreline to the point of beginning.

    (b) The regulations--(1) General Anchorage. Any vessel may anchor in 
the General Anchorage except vessels carrying more than 25 tons of high 
explosives.
    (2) Explosives Anchorage 701. Vessels carrying more than 25 tons of 
high explosives must use Anchorage 701, unless otherwise directed by the 
Captain of the Port.
    (3) Naval Explosives Anchorage 702. Except Naval vessels using the 
anchorage as directed by local Naval authorities, no vessel may anchor 
so that any part of the hull or rigging, or the anchor tackle may extend 
into Anchorage 702 at any time.
    (4) Naval Anchorages A and B. (i) Except as provided in paragraph 
(b)(3)(ii) of this section, non-naval vessels may not anchor within 
these anchorages or use the mooring buoys therein without permission of 
the local Naval authorities obtained through the Captain of the Port. 
(There is a user charge for the use of these mooring buoys.)
    (ii) Small craft that are continuously manned and capable of getting 
underway may anchor within these anchorages during daylight hours 
without prior approval of the Captain of the Port.
    (5) General regulations. (i) Vessels may use the Naval mooring buoys 
in the General Anchorage without charge for a period up to 72 hours if 
authorized by the Captain of the Port. Vessels so moored shall promptly 
move at their own expense upon notification from the Captain of the 
Port.
    (ii) Except for vessels not more than 65 feet in length, all vessels 
shall anchor in an anchorage ground.
    (iii) Vessels anchored in an anchorage ground shall place their 
anchors within the anchorage ground so that no portion of the hull or 
rigging at any time extends outside the anchorage ground.
    (iv) No vessel may anchor in the harbor for more than 30 consecutive 
days without permission of the Captain of the Port.

[CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by CGD14-89-01, 55 
FR 27465, July 3, 1990]



Sec. 110.239  Island of Tinian, CNMI.

    (a) The anchorage grounds (based on 1944 Saipan Datum):
    (1) Explosives Anchorage A. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14[deg]58[min]57.0[sec] N, longitude 145[deg]35[min]40.8[sec] E.
    (2) Explosives Anchorage B. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14[deg]58[min]15.9[sec] N, longitude 145[deg]35[min]54.8[sec] E.
    (b) The regulations: Explosives Anchorages A and B; with the 
exception of explosives laden naval vessels at explosives anchorage A 
and B, no vessel may anchor within these areas without permission of the 
Captain of the Port.

[[Page 530]]

No vessel of more than 500 gross tons displacement may enter these areas 
except for the purpose of anchoring in accordance with this section.

[CGD 14-87-01, 52 FR 26146, July 13, 1987]



Sec. 110.240  San Juan Harbor, P.R.

    (a) The anchorage grounds--(1) Temporary Anchorage E (general). 
Beginning at a point which bears 262[deg] T, 878 yards from Isla Grande 
Aero Beacon; thence along a line 75[deg]47[min], 498 yards; thence along 
a line 134[deg]49[min], 440 yards; thence along a line 224[deg]49[min] 
to the northerly channel limit of Graving Dock Channel, and thence to 
the point of beginning.
    (2) Restricted Anchorage F. Beginning at a point which bears 
212[deg]30[min], 1,337.5 yards from Isla Grande Light; thence along a 
line 269[deg]00[min], 550 yards; thence along a line 330[deg]00[min] to 
the westerly channel limit of Anegado Channel; and thence along the 
westerly channel limit of Anegado Channel to the point of beginning.
    (b) The regulations. (1) Vessels awaiting customs or quarantine 
shall use Temporary Anchorage E. No vessel shall remain in this 
anchorage more than 24 hours without a permit from the U.S. Coast Guard 
Captain of the Port.
    (2) Restricted Anchorage F shall serve both as an additional general 
anchorage area in cases where the temporary anchorage is full, and as an 
explosives anchorage for vessels loading or unloading explosives in 
quantities no greater than forty (40) tons, Commercial Class ``A'' 
Explosives, when so authorized by the United States Coast Guard Captain 
of the Port. No vessel shall enter or anchor therein without first 
obtaining a permit from the United States Coast Guard Captain of the 
Port.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-119, 45 FR 
32673, May 19, 1980; CGD 7-83-29, 49 FR 48540, Dec. 13, 1984; 50 FR 
5580, Feb. 11, 1985]



Sec. 110.245  Vieques Passage and Vieques Sound, near Vieques Island, P.R.

    (a) The anchorage grounds--(1) Vieques Passage explosives anchorage 
and ammunition handling berth (Area 1). A circular area having a radius 
of 1,700 yards with its center at latitude 18[deg]09[min]00[sec] N., 
longitude 65[deg]32[min]40[sec] W.
    (2) Vieques Sound explosives anchorage and ammunition handling berth 
(Area 2). A circular area having a radius of 2,000 yards with its center 
at latitude 18[deg]11[min]48[sec], longitude 65[deg]26[min]06[sec].
    (3) Southern Vieques Passage explosives anchorage and ammunition 
handling berth (Area 3). A circular area having a radius of 2,000 yards 
with its center at latitude 18[deg]05[min]51[sec], longitude 
65[deg]36[min]14[sec].
    (b) The regulations. (1) No vessel or craft shall enter or remain in 
these anchorages while occupied by vessels having on board explosives or 
other dangerous cargo. Explosives in quantities no greater than 1,625 
short tons will be handled in any area at one time.
    (2) The regulations of this section shall be enforced by the 
Commander, Greater Antilles Sec. ion, U.S. Coast Guard Base, San Juan, 
Puerto Rico, and such agencies as he may designate.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-067, 44 FR 
50040, Aug. 27, 1979]



Sec. 110.250  St. Thomas Harbor, Charlotte Amalie, V.I.

    (a) The anchorage grounds--(1) Inner harbor anchorage. Beginning at 
a point bearing 85[deg], 525 yards from the outer end of a pier at 
latitude 18[deg]20[min]19[sec], longitude 64[deg]56[min]26[sec] 
(approximate); thence 146[deg], 800 yards; thence 70[deg], 860 yards; 
thence 340[deg], 500 yards; and thence to the point of beginning.
    (2) Outer harbor anchorage. Beginning at Scorpion Rock lighted buoy 
No. 1 (latitude 18[deg]19[min]25.6[sec], longitude 
64[deg]55[min]41.8[sec] ); thence 180[deg], 1,580 yards; thence 
264[deg]30[min], 2,490 yards; thence due north 1,255 yards; thence due 
east to the southerly tip of Sprat Point, Water Island; thence to Cowell 
Point, Hassel Island; and thence to the point of beginning.
    (3) East Gregerie Channel anchorage (general purpose). Bounded on 
the northeast by Hassel Island; on the southeast by the northwest 
boundary of the outer harbor anchorage; on the southwest by Water 
Island; and on the northwest by a line running from Banana Point, Water 
Island, 55[deg] to Hassel Island.
    (4) Small-craft anchorage. All the waters north of a line passing 
through the

[[Page 531]]

outer end of a pier at latitude 18[deg]20[min]19[sec], longitude 
64[deg]56[min]26[sec] (approximate) and ranging 85[deg].
    (5) Deep-draft anchorage. A circular area having a radius of 400 
yards with its center at latitude 18[deg]19[min]12.2[sec], longitude 
64[deg]58[min]47.8[sec].
    (6) Long Bay anchorage. The waters of Long Bay bounded on the north 
by the southerly limit line of Anchorage E, on the west by the easterly 
limit line of Anchorage A to a point at latitude 18[deg]20[min]18[sec], 
thence to latitude 18[deg]20[min]13[sec], longitude 
64[deg]55[min]21[sec]; and thence to the shoreline at latitude 
18[deg]20[min]15[sec], longitude 64[deg]55[min]13[sec].
    (b) The regulations. (1) The outer harbor anchorage shall be used by 
vessels undergoing examination by quarantine, customs, immigration, and 
Coast Guard officers. Upon completion of these examinations, vessels 
shall move promptly to anchorage. This anchorage shall also be used by 
vessels having drafts too great to permit them to use the inner harbor 
anchorage. No vessel shall remain more than 48 hours in this anchorage 
without a permit from the Harbor Master.
    (2) The small-craft anchorage shall be used by small vessels 
undergoing examination and also by small vessels anchoring under permit 
from the Harbor Master.
    (3) The requirements of the Navy shall predominate in the deep-draft 
anchorage. When occupied by naval vessels all other vessels and craft 
shall remain clear of the area. When the area is not required for naval 
vessels, the Harbor Master may upon application made in advance assign 
other vessels to the area. Vessels so assigned and occupying the area 
shall move promptly upon notification by the Harbor Master.
    (4) The harbor regulations for the Port of St. Thomas, V.I. of the 
United States and approaches thereto, including all waters under its 
jurisdiction, as adopted by the Government of the Virgin Islands, will 
apply to the Long Bay Anchorage.
    (5) In addition, the Long Bay Anchorage is reserved for all types of 
small vessels, including sailing and motor pleasure craft, and such 
craft shall anchor in no other area except Anchorage E, in the northern 
portion of the harbor of Charlotte Amalie.
    (6) Floats for marking anchors in place will be allowed in the Long 
Bay anchorage; stakes or mooring piles are prohibited.
    (7) Vessels not more than 65 feet in length are not required to 
exhibit or carry anchor lights within the Long Bay anchorage, but must 
display them if emergency requires anchoring in any other part of the 
harbor.
    (8) No vessel may anchor in any of the St. Thomas Harbor Anchorages 
without a permit from the Harbor Master.
    (9) The U.S. Coast Guard Captain of the Port of St. Thomas is hereby 
empowered, whenever the maritime or commercial interests of the United 
States so require, to shift the position of any vessel anchored within 
the Long Bay anchorage, and of any vessel which is so moored or anchored 
as to impede or obstruct vessel movement in the harbor, and to enforce 
all regulations of this section should the need arise.



Sec. 110.255  Ponce Harbor, P.R.

    (a) Small-craft anchorage. On the northwest of Ponce Municipal Pier 
and northeast of Cayitos Reef, bounded as follows: Beginning at latitude 
17[deg]58[min]27[sec], longitude 66[deg]37[min]29.5[sec], bearing 
approximately 325[deg] true, 2,200 feet from the most southwest corner 
of Ponce Municipal Pier; thence 273[deg]30[min] true, 1,800 feet; thence 
15[deg] true, 900 feet; thence 93[deg]30[min] true, 1,800 feet; thence 
195[deg] true, 900 feet to the point of beginning.
    (b) The regulations. (1) The Commonwealth Captain of the Port may 
authorize use of this anchorage whenever he finds such use required in 
safeguarding the maritime or commercial interests.
    (2) No vessel shall anchor within the area until assigned a berth by 
the Commonwealth Captain of the Port. Application for permission to 
occupy the anchorage must be submitted in advance by the master or 
authorized representative of the vessel.
    (3) Vessels occupying the anchorage will at all times keep within 
the limits of the area, and shall move or shift their position promptly 
upon notification by the Commonwealth Captain of the Port.

[[Page 532]]

    (4) The anchorage is reserved for all types of small craft, 
including schooners, fishing vessels, yachts and pleasure craft.
    (5) Floats for marking anchors in place will be allowed; stakes or 
mooring piles are prohibited.

[[Page 533]]

                                  INDEX

                           SUBCHAPTER I_ANCHORAGES

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Alaska
Prince William Sound, Alaska.....................................110.233
Southeast Alaska.................................................110.232
Anchorage grounds
                                                                  109.05
Anchorage grounds
                                                     Part 110--Subpart B
Anchorage regulations
                                                                Part 110
Anchorages under Ports and Waterways Safety Act
                                                                  109.07
Arizona
Lake Mohave and Lake Mead, Nevada and Arizona....................110.127
Lake Powell, Utah-Arizona.......................................110.127a

                                 C

California
Dana Point Harbor, CA.............................................110.93
Los Angeles and Long Beach Harbor, CA............................110.100
Marine del Rey Harbor, CA........................................110.111
Mission Bay, CA...................................................110.91
Morro Bay Harbor, CA.............................................110.125
Newport Bay, CA...................................................110.95
San Diego Harbor, CA..............................................110.90
San Francisco Bay, CA...........................................110.126a
Santa Barbara Harbor, CA.........................................110.115
San Luis Obispo Bay, CA..........................................110.120
Trinidad Bay, CA................................................110.127c
CNMI, Island of Tinian
                                                                 110.239
Connecticut
Connecticut River, CT.............................................110.55
Cos Cob Harbor, Greenwich, CT.....................................110.58
Fishers Island Sound, Stonington, CT.............................110.50a
Five Mile River, Norwalk and Darien, CT..........................110.55a
Groton, CT........................................................110.51
Long Island Sound, on west side of entrance to Mumford Cove, 
Groton, CT.......................................................110.50c
Mystic Harbor, Groton and Stonington, CT.........................110.50b
Mystic Harbor, Noank, CT.........................................110.50d
Niantic, CT.......................................................110.53
Noroton Harbor, Darien, CT........................................110.56
Pataguanset River, CT.............................................110.54
Stonington Harbor, CT.............................................110.50
Thames River, New London, CT......................................110.52

[[Page 534]]

                                 D

Delaware
Indian River Bay, DE..............................................110.65

                                 E

Enforcement proceedings
                                                                  109.15

                                 F

Florida
Apollo Beach, FL.................................................110.74b
Indian River at Sebastian, FL....................................110.73a
Indian River at Vero Beach, FL:..................................110.73b
Manatee River, Bradenton, FL.....................................110.74a
Marco Island, Marco River, FL.....................................110.74
Okeechobee Waterway, St. Lucie River, FL.........................110.73c
St. Johns River, FL...............................................110.73

                                 G

Georgia
St. Simons Island, GA............................................110.72b
Guam
Apra Harbor, Guam................................................110.238
Apra Harbor, Guam (Datum: WGS 84)...............................110.129a

                                 H

Hawaii
Island of Hawaii, Hawaii........................................110.128b
Island of Kauai, Hawaii.........................................110.128c
Island of Oahu, Hawaii (Datum: OHD).............................110.128d
Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD83)
                                                                 110.235
Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: Offshore 
pipeline terminal anchorages.....................................110.236
Pacific Ocean at Waimea, Hawaii, Naval Anchorage.................110.237

                                 I

Illinois
Chicago Harbor, IL................................................110.83

                                 M

Maine
Casco Bay, ME......................................................110.5
Fore River, Portland Harbor, Portland, ME.........................110.6a
Kennebec River, in vicinity of Bath, Maine.......................110.133
Penobscot Bay, Maine...............................................110.4
Portland Harbor, Maine...........................................110.134
Portland Harbor, Portland, ME (between Little Diamond Island and 
Great Diamond Island)..............................................110.6
Rockland Harbor, Maine...........................................110.132
Maryland
Blackhole Creek, MD...............................................110.72
Cabin Creek, Grasonville, MD.....................................110.71a
Chesapeake and Delaware Canal, easterly of Courthouse Point, MD...110.70

[[Page 535]]

Chester River, southeast of Chestertown, MD......................110.72a
Jacobs Nose Cove, Elk River, MD...................................110.71
Northeast River, North East, MD..................................110.70a
Wye River, Wye, MD...............................................110.71b
Massachusetts
Beverly and Salem Harbors, MA.....................................110.25
Boston Harbor, MA, and adjacent waters............................110.30
Edgartown Harbor, MA..............................................110.38
Hingham Harbor, Hingham, MA.......................................110.32
Hull Bay and Allerton Harbor at Hull, MA..........................110.31
Marblehead Harbor, Marblehead, MA.................................110.26
Mattapoisett Harbor, Mattapoisett, MA............................110.45a
Onset Bay, MA.....................................................110.45
Sesuit Harbor, Dennis, MA.........................................110.37
Silver Beach Harbor, North Falmouth, MA...........................110.40
Michigan
Charlevoix Harbor, MI.............................................110.82
Lake Betsie, Frankfort, MI.......................................110.81a
Lake Macatawa, MI................................................110.80a
Little Traverse Bay, Lake Michigan, Harbor Springs, MI...........110.82a
Marquette Harbor, Marquette, MI..................................110.80b
Muskegon Lake, MI.................................................110.81
Minnesota
Duluth-Superior Harbor, Duluth, MN...............................110.77a

                                 N

New Hampshire
Portsmouth Harbor, New Hampshire, north of Newcastle Island.......110.10
New York
Black Rock Channel opposite foot of Porter Ave, Buffalo, NY.......110.84
Buffalo, NY......................................................110.84b
Henderson Harbor, NY..............................................110.87
Lake Champlain, NY and VT..........................................110.8
Niagara River, Youngstown, NY.....................................110.85
Port of New York and vicinity.....................................110.60
Sodus Bay, NY.....................................................110.86
Notice of proposed rule making, publication of
                                                                  109.20

                                 O

Ohio
Cedar Point, Sandusky, OH........................................110.83a
Oregon
Columbia River at Portland, OR...................................110.128

                                 P

Purpose
                                                                  109.01
Pennsylvania
Delaware River, Essington, PA.....................................110.67
Puerto Rico
Bahia de San Juan, PR............................................110.74c
Ponce Harbor, PR.................................................110.255
San Juan Harbor, PR..............................................110.240
Vieques Passage and Vieques Sound, near Vieques Island, PR.......110.245

                                 R

Rhode Island

[[Page 536]]

Little Narragansett Bay, Watch Hill, RI...........................110.47
Newport Harbor, Newport, RI.......................................110.46
Thompson Cove on east side of Pawcatuck River below Westerly, RI 
                                                                  110.48

                                 S

South Carolina
Ashley River anchorage areas, SC.................................110.72d
Lake Murray, SC..................................................110.72c
Special anchorage areas
                                                                  109.10
Special Anchorage Areas
                                                     Part 110, Subpart A

                                 T

Texas
Amistad Reservoir, TX.............................................110.77
Corpus Christi Bay, TX............................................110.75

                                 U

Utah
Flaming Gorge Lake, Utah-Wyoming................................110.127b

                                 V

Virgin Islands
St. Thomas Harbor, Charlotte Amalie, VI..........................110.250

                                 W

Wisconsin
Fish Creek Harbor, Fish Creek, WI................................110.79c
Madeline Island, WI..............................................110.77b
Millers Bay, Lake Winnebago, Oshkosh, WI.........................110.79b
Milwaukee Harbor, Milwaukee, WI...................................110.80
Neenah Harbor, Neenah, WI........................................110.79a
Sturgeon Bay, Sturgeon Bay, WI....................................110.78
Washington
Columbia River, Oregon and Washington............................110.228
Puget Sound Area, Wash...........................................110.230
Straits of Juan de Fuca, Wash....................................110.229

[[Page 537]]



                          SUBCHAPTER J_BRIDGES





PART 114_GENERAL--Table of Contents




Sec. 
114.01 Purpose.
114.05 Definitions.
114.10 General policies on issuance of permits and drawbridge operation 
          regulations.
114.20 Departure from permit plans.
114.25 Work constructed without prior authority.
114.30 Revocation.
114.40 Violations of law.
114.45 Applications, extensions of time.
114.50 Right of appeal.

    Authority: 33 U.S.C. 401, 491, 499, 521, 525, and 535; 14 U.S.C. 
633; 49 U.S.C. 1655(g); Pub. L. 107-296, 116 Stat. 2135; 49 CFR 1.46(c).

    Source: CGFR 67-46, 32 FR 17769, Dec. 12, 1967, unless otherwise 
noted.



Sec. 114.01  Purpose.

    (a) The purpose of the rules and regulations in this subchapter is 
to implement certain laws and set forth the requirements for:
    (1) Locations and clearances of bridges and causeways over the 
navigable waters (33 U.S.C. 401, 491 to 507, and 525 to 534).
    (2) Administration of the alteration of unreasonably obstructive 
bridges (33 U.S.C. 511 to 524).
    (3) Regulation of drawbridge operation (33 U.S.C. 499).
    (b) The rules and regulations in this subchapter also describe the 
procedures and practices, including forms and instructions, which are 
applicable to the public subject to certain laws governing bridges and 
causeways over the navigable waters of the United States.
    (c) Subsection 6(g) of the Department of Transportation Act (Sec. 
6(g), 80 Stat. 937, 49 U.S.C. 1655(g)) transferred and vested in the 
Sec. etary of Transportation all functions, powers and duties of the 
Sec. etary of the Army and other officers and offices of the Department 
of the Army under specified laws. The Sec. etary of Transportation by 49 
CFR 1.45(b) and 1.46(c) (5), (6), (8), (9), and (10) delegated to the 
Commandant, U.S. Coast Guard, with the authority to redelegate within 
the Coast Guard, the authority to exercise the functions, powers, and 
duties of the Sec. etary with respect to the following provisions of law:
    (1) Sec. ion 5 of the Act of August 18, 1894, as amended (28 Stat. 
362; 33 U.S.C. 499), regarding drawbridge operation regulations.
    (2) The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 
511 et seq.), regarding unreasonably obstructive bridges.
    (3) Sec. ion 9 of the Act of March 3, 1899, as amended (30 Stat. 
1151; 33 U.S.C. 401), regarding construction of bridges, causeways, 
etc., to the extent that it relates generally to the location and 
clearances of bridges and causeways in the navigable waters of the 
United States.
    (4) The Act of March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 
491 et seq.), regarding general bridge authority to the extent that it 
relates generally to the location and clearances of bridges and 
causeways in the navigable waters of the United States.
    (5) The General Bridge Act of 1946, as amended (60 Stat. 847; 33 
U.S.C. 525 et seq.), to the extent that it relates generally to the 
location and clearances of bridges and causeways in the navigable waters 
of the United States.
    (6) Sec. ion 5 of the International Bridge Act of 1972 (86 Stat. 732; 
33 U.S.C. 535c).
    (d) The Commandant has delegated within the Coast Guard authority 
for the issuance of drawbridge operation regulations and permits for the 
construction, reconstruction, or alteration of bridges across navigable 
waters of the United States. These delegations may be found in 
Sec. Sec. 1.05-1 and 1.01-60 of this Chapter.

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGFR 70-115, 35 
FR 15923, Oct. 9, 1970; CGFR 71-95, 36 FR 19160, Sept. 30, 1971; CGD 80-
099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981; CGD 82-006, 
47 FR 36640, Aug. 23, 1982; CGD 96-026, 61 FR 33663, June 28, 1996]



Sec. 114.05  Definitions.

    (a) General. Certain terms as used in this subchapter are defined in 
this section.

[[Page 538]]

    (b) Approved. The term ``approved'' means approved by the Commandant 
unless otherwise stated.
    (c) Bridges. The term ``bridge'' means a structure erected across 
navigable waters of the United States, and includes causeways, 
approaches, fenders, and other appurtenances thereto.
    (d) Coast Guard District Commander or District Commander. The term 
``Coast Guard District Commander'' or ``District Commander'' means an 
officer of the Coast Guard designated as such by the Commandant to 
command all Coast Guard activities within his or her district. (See Part 
3 of this chapter for descriptions of Coast Guard Districts.)
    (e) Commandant. The term ``Commandant'' means Commandant, U.S. Coast 
Guard, Department of Homeland Sec. rity, Washington, D.C. 20593.
    (f) District Office or Coast Guard District Office. The term 
``District Office'' or ``Coast Guard District Office'' means the Office 
of the Commander of a Coast Guard District.
    (g) Headquarters or Coast Guard Headquarters. The term 
``Headquarters'' or ``Coast Guard Headquarters'' means the Office of the 
Commandant, U.S. Coast Guard, Department of Homeland Sec. rity, 
Washington, D.C. 20593.
    (h) Permit. The term ``permit'' means the license permitting 
construction of bridges and approaches thereto in or over navigable 
waters of the United States, issued under the rules and regulations in 
this subchapter.
    (i) Sec. etary. The term ``Sec. etary'' means the Sec. etary of 
Homeland Sec. rity or any person to whom he or she has delegated his or 
her authority in the matter concerned.
    (j) United States Coast Guard or Coast Guard. The term ``United 
States Coast Guard'' or ``Coast Guard'' means the organization or agency 
established by the Act of January 28, 1915, as amended (14 U.S.C. 1).
    (k) [Reserved]
    (l) Assistant Commandant for Operations. The term ``Assistant 
Commandant for Operations'' means the officer of the Coast Guard 
designated by the Commandant as the staff officer in charge of the 
Office of Navigation Safety and Waterway Services, U.S. Coast Guard 
Headquarters.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGD 76-144, 42 FR 
28882, June 6, 1977; CGD 80-099, 46 FR 38353, July 27, 1981; CGD 82-006, 
47 FR 36640, Aug. 23, 1982; CGD 88-052, 53 FR 25120, July 1, 1988; CGD 
96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 
1997; USCG-2001-9286, 66 FR 33640, June 25, 2001; USCG-2003-14505, 68 FR 
9535, Feb. 28, 2003]



Sec. 114.10  General policies on issuance of permits and drawbridge operation regulations.

    The several bridge laws referenced in Sec. 114.01 Purpose, are 
intended to prevent any interference with navigable waters of the United 
States whether by bridges, dams, dikes or other obstructions to 
navigation except by express permission of the United States. The 
decision as to whether a bridge permit or a drawbridge operation 
regulation will be issued or promulgated must rest primarily upon the 
effect of the proposed action on navigation to assure that the action 
provides for the reasonable needs of navigation after full consideration 
of the effect of the proposed action on the human environment. The Coast 
Guard is not responsible for any other permits that the applicant may 
need from other federal, state, or local agencies and issuance of a 
bridge permit does not affect flood control projects or other 
governmental programs.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 114.20  Departure from permit plans.

    (a) If the final inspection shows a minor departure from the 
authorized plans which does not materially affect navigation, the 
permittee will be required to furnish a tracing showing the work as 
actually constructed but no further action will be taken by the Coast 
Guard.
    (b) It is not the practice of the Coast Guard to issue letters 
certifying that completed work conforms to that which was authorized. 
That question is a matter of fact to be determined in

[[Page 539]]

case of controversy by the usual rules of court procedure.



Sec. 114.25  Work constructed without prior authority.

    The Commandant or District Commander will approve plans and issue 
permits authorizing bridges across navigable waters, in cases where the 
application therefor is submitted after the commencement or completion 
of the bridges subject to the following rules: Approval will be limited 
to those cases where the necessary primary authority, State or Federal 
as the case may be, validly existed, when the work was innocently 
constructed, and where the work will not unreasonably interfere with 
navigation. Upon issuance of the permit, applicant will be informed that 
the law contemplates prior approval and that in the future plans must be 
submitted in ample time for their consideration by the Commandant or 
District Commander before construction is begun.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981]



Sec. 114.30  Revocation.

    Permits may be revoked by the issuing official for failure on the 
part of the permittee to comply with any of the conditions therein, or 
where the structures or other work constitute an unreasonable 
obstruction to navigation or to operations of the United States in the 
interest of navigation or flood control.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982]



Sec. 114.40  Violations of law.

    The Coast Guard has the authority and responsibility for enforcement 
of the applicable provisions of law for the protection and preservation 
of navigable waters. It is the policy of the Coast Guard to secure 
compliance with these provisions of law short of legal proceedings. As a 
general principle, no action is taken when the violation is minor, 
unintentional, or accidental and the party responsible corrects the 
violation. It is the policy of the Coast Guard to implement civil or 
criminal proceedings in all other circumstances. These proceedings are 
in subpart 1.07 of Part 1 of this chapter.

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

[CGD 82-102, 47 FR 54299, Dec. 2, 1982, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 114.45  Applications, extensions of time.

    Extensions of time to commence or complete construction of a bridge 
or remove a bridge that has been replaced as an element of a permitted 
bridge project must be submitted to, and received by the District 
Commander at least 30 days before the existing permit expires to allow 
the permit to remain in effect until the final agency action is taken.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGD 76-144, 42 FR 28882, June 6, 1977]



Sec. 114.50  Right of appeal.

    A District Commander's decision to deny a bridge permit application 
or an application for drawbridge operation regulations may be appealed 
to the Commandant, U.S. Coast Guard. The appeal must be submitted in 
writing to the Chief, Office of Bridge Administration, 2100 Sec. nd 
Street SW., Washington, DC 20593-0001, within 60 days of the District 
Commander's decision. The Commandant will take action on the appeal 
within 90 days of its receipt.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



PART 115_BRIDGE LOCATIONS AND CLEARANCES; 
ADMINISTRATIVE PROCEDURES--Table of Contents




Sec. 
115.01 Purpose.
115.05 Necessary primary authority.
115.10 Limiting date in permits.
115.15 Permit bonds.
115.20 Transfer of permits.
115.30 Sufficiency of State authority for bridges.
115.40 Bridge repairs.

[[Page 540]]

115.50 Applications for bridge permits.
115.60 Procedures for handling applications for bridge construction 
          permits.
115.70 Advance approval of bridges.

    Authority: c. 425, Sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 1130, 
sec 1, 34 Stat. 84 (33 U.S.C. 491); Sec. 5, 28 Stat. 362, as amended (33 
U.S.C. 499); Sec. 11, 54 Stat. 501, as amended (33 U.S.C. 521); c. 753, 
Title V, Sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. 
732 (33 U.S.C. 535); 14 U.S.C. 633; Sec. g(6), 80 Stat. 941 (49 U.S.C. 
1655(g)); 49 CFR 1.46(c).

    Source: CGFR 67-46, 32 FR 17771, Dec. 12, 1967, unless otherwise 
noted.



Sec. 115.01  Purpose.

    This part states the requirements for applying for a permit for 
construction of or modification to bridges crossing the navigable waters 
of the United States. It also sets forth the procedures by which the 
application is processed by the Coast Guard.

[CGD 82-006, 47 FR 36641, Aug. 23, 1982]



Sec. 115.05  Necessary primary authority.

    For bridges constructed by State or municipal agencies, the primary 
authority will be presumed without proof. If the law of the State 
requires a license for or approval of the bridge from a constituted 
State agency, a copy of such license or approval will be required and 
may be accepted as evidence of the primary authority. If there be no 
State regulation of bridges in navigable waters, the necessary primary 
authority may be that granted in the charter of a corporation, or the 
authority inherent in the ownership of the land on which the structure 
is placed. The applicant will in such cases be required to furnish an 
extract from the charter, or a statement of ownership. Especial care 
will be taken that Federal approval is not granted when there is doubt 
of the right of the builder to construct and utilize the bridge.



Sec. 115.10  Limiting date in permits.

    (a) Specific time limitations are inserted in all permits for the 
commencement of construction and completion thereof. Normally three 
years for start of construction and two additional years for completion 
may be allowed.
    (b) Specific time limitations are inserted in all permits for the 
removal of bridges being replaced in whole or in part by the newly 
permitted bridges where removal thereof is required as a condition of 
the permit. Normally 90 days for removal after completion of the new 
bridge or opening to land transportation, whichever occurs first, may be 
allowed.

[CGD 75-046, 40 FR 24898, June 11, 1975, as amended by CGD 80-099, 46 FR 
38354, July 27, 1981]



Sec. 115.15  Permit bonds.

    When compensatory works or the removal of temporary structures 
should be required of the permittee, or in other unusual cases when 
there is reason to anticipate that the permittee may fail to carry out 
parts of the work that are against his interest, an additional condition 
will be included in the permit requiring the permittee to furnish a bond 
insuring compliance with the permit requirements.



Sec. 115.20  Transfer of permits.

    Permits express merely the assent of the Federal Government so far 
as concerns the public rights of navigation. Although issued to a 
specific party, the assent is not limited to execution of the work by 
that party and may be availed of by the assignees or purchasers of the 
property affected, provided the terms of the instrument are strictly 
complied with.



Sec. 115.30  Sufficiency of State authority for bridges.

    An opinion of the attorney general of the State as to the 
sufficiency of State authority for the construction of a bridge is 
acceptable to the Coast Guard in doubtful cases.



Sec. 115.40  Bridge repairs.

    Repairs to a bridge which do not alter the clearances, type of 
structure, or any integral part of the substructure or superstructure or 
navigation conditions, but which consist only in the replacement of worn 
or obsolete parts, may, if the bridge is a legally approved structure, 
be made as routine maintenance without approval of the U.S. Coast Guard.

[[Page 541]]



Sec. 115.50  Application for bridge permits.

    (a) Approval of plans. An application for authorization to construct 
a bridge across navigable waters of the United States must show the name 
and address of the applicant; the waterway and location of the bridge; 
citation to the act of Congress or the State legislature authorizing the 
bridge; be accompanied by a map of the location and plans of the bridge 
showing the features which affect navigation; and papers to establish 
the identity of the applicant.
    (b) Prior authority necessary. Except as provided under paragraph 
(c) of this section, a bridge cannot lawfully be constructed across any 
navigable waterway of the United States until the location and plans 
have been approved by the Coast Guard.
    (c) Prior authority not necessary. Coast Guard approval of the 
location and plans for construction or modification of a bridge or 
causeway is not required for any bridge or causeway over waters which 
are not subject to the ebb and flow of the tide and which are not used 
and are not susceptible to use in their natural condition or by 
reasonable improvement as a means to transport interstate or foreign 
commerce, whether or not such waters were used or were susceptible to 
use, at some previous time, to transport commerce (historic use). This 
provision does not apply to bridges which connect the United States with 
any foreign country.
    (d) Form. The application for the approval of plans consists of a 
letter accompanied with maps and plans of the proposed structure.
    (e) Signature. In case of signature by an agent or by an official of 
a corporation, a duly authenticated copy of the authority for the action 
must accompany the application.
    (f) Identification. If the applicant is a corporation, it must 
furnish certified copies of the following papers, all properly 
authenticated: The charter or articles of incorporation; the minutes of 
organization; extract from minutes showing the names of the present 
officers of the corporation.
    (1) Where State laws vest in State or county officers, such as 
boards of supervisors and county courts, the power to authorize the 
construction of bridges, they must furnish with their application 
certified extracts from their proceedings showing their action 
authorizing the proposed structure.
    (g) Plans. Four sets of plans must be submitted with the 
application, on which the location of the work and the essential 
features covered by the application will be outlined in red. Each 
drawing must have a simple title, date and number, preferably in the 
lower righthand corner.
    (h) Size of sheets. The drawings will be on letter size sheets. As 
few sheets will be used as necessary to show clearly what is proposed.
    (i) Special instructions. (1) The scale will be shown graphically. 
The north and south line will be indicated by a meridian arrow. 
Soundings and elevations will be shown in feet and referred to the 
established Government datum plane at the locality.
    (2) The direction of currents will be indicated by an arrow, and the 
strength of currents, both ebb and flow, or low water and high water, 
will be shown close to the proposed location of the bridge, and at both 
ends of the waterway shown on the map of location.
    (3) The plans will show in figures the least clear height of the 
lowest part of the superstructure over navigation openings, with 
reference to the planes of mean high water and mean low water if the 
bridge is to cross tidal water. If the waters are nontidal, the least 
clear height will be shown with reference to the planes of extreme high 
water and mean low water. If records of river heights are available, the 
plane above which flood waters have not remained more than 2 percent of 
the time will be indicated. Reference will also be made to other datum 
planes if appropriate for the waterway in question.
    (4) If harbor lines have been established at the site of the bridge, 
their position will be shown on the plans.
    (j) Structural details. Only those should be shown which are needed 
to illustrate the effect of the proposed structure on navigation. If the 
bridge is to be equipped with a draw, the latter will be shown in two 
positions: closed and open.
    (k) To whom application should be presented. The application and the 
papers

[[Page 542]]

and plans accompanying it should be submitted to the District Commander 
having jurisdiction over the area in which the bridge site is located.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 75-046, 40 FR 
24898, June 11, 1975; CGD 80-099, 46 FR 38354, July 27, 1981; CGD 82-
102, 48 FR 54299, Dec. 2, 1982]



Sec. 115.60  Procedures for handling applications for bridge construction permits.

    The following procedures will be observed in the handling of 
applications for permits to construct, modify, or replace bridges over 
navigable waters.
    (a) District Commander's review of application and plans. When an 
application is received, the District Commander verifies the authority 
for construction of the bridge, reviews, the application and plans for 
sufficiency, ascertains the views of local authorities and other 
interested parties, and ensures that the application complies with 
relevant environmental laws, regulations, and orders. If the application 
contains any defects that would prevent issuance of a permit (as for 
example, if the proposed bridge provided insufficient clearance), the 
applicant is notified that the permit cannot be granted and given 
reasons for this determination. The applicant may then request that the 
application be considered by the Commandant. If the applicant makes such 
a request, or if the application is not found defective, the District 
Commander notifies the public that it has been received and continues 
its processing. A copy of this notification will be sent to the state, 
interstate agency or the Environmental Protection Agency (EPA) 
responsible for acting on requests for water quality certification for 
the project. If the state, interstate agency, or the EPA fails to issue 
or deny the water quality certification within 30 days after receiving 
the copy of this notification, the requirements for a water quality 
certification are waived. If the appropriate agency notifies the 
District Commander that the applicant has not filed a request for water 
quality certification, or requests additional time to review an 
application, additional time will be granted.
    (b) Public hearing. (1) Public hearings will be held when there are 
substantial issues concerning the effect that the proposed bridge will 
have on the reasonable needs of navigation.
    (2) Notice of the public hearing will be published in the Federal 
Register. Notice of the hearing is also mailed to State, county, and 
municipal authorities and all other known interested parties. It is also 
posted at the post office nearest the site and public places in the 
vicinity.
    (3) Hearings are public and conducted in an informal manner. A 
designated Coast Guard official presides. The submission of written 
statements is invited and encouraged. Anyone desiring to do so may 
speak. Statements, written or oral, are not under oath, and cross-
examination is not permitted. No fixed order has been established for 
the presentation of evidence or argument although proponents are 
generally heard first, followed by opponents with full opportunity 
afforded for rebuttals.
    (c) Report and recommendations. After the close of the comment 
period and any public hearings, a detailed statement of findings, 
conclusions, and recommendations based on all available information 
(including Coast Guard records and experience) is prepared. The 
following factors may be discussed in this report:
    (1) Comparison of proposed bridge with existing bridges over the 
waterway; attitude of local authorities; summary of objections raised by 
the public, and District Commander's comments or responses; probable 
effect on navigation, present and prospective.
    (2) Description of the navigation on the waterway past the site of 
the proposed bridge, the number and type of vessels, the number of 
vessel trips, and the principal method of handling traffic, whether in 
single vessels or in tows.
    (3) Whether the District Commander approves, or recommends approval 
of the plans. If they are found objectionable, the reasons for this 
finding will be stated. If there are objectionable features in the plans 
which may be corrected, the applicant is given an opportunity to revise 
them. If approval is given or recommended, all conditions

[[Page 543]]

to which the permit should be subject will be stated.
    (d) Action on permit application. (1) The District Commander may 
issue the permit if authorized under Sec. 1.01-60(b) of this chapter; 
otherwise, a report with the application shall be submitted to the 
Commandant for final action.
    (2) When an application is approved, the issuing official signs the 
permit and transmits it to the applicant.
    (3) When an application is not approved, the applicant is notified 
and provided with reasons for the disapproval, and suggestions for 
modifications that would justify reconsideration, if appropriate.
    (4) If an application is disapproved by the District Commander, the 
applicant may appeal this decision to the Commandant under Sec. 114.50 
of this chapter. The Commandant's determination shall constitute final 
agency action.
    (e) Permit amendments. Applications for amendments to permits will 
be processed in the same manner as permit applications. The District 
Commander may approve amendments to any permits which that official is 
authorized to issue under Sec. 1.01-60(b) of this chapter. All other 
amendments must be approved by the Commandant.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))


[CGD 80-099, 46 FR 38354, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 82-006, 47 FR 36641, Aug. 23, 1982; CGD 82-074, 47 FR 
51865, Nov. 18, 1982]



Sec. 115.70  Advance approval of bridges.

    (a) The General Bridge Act of 1946 requires the approval of the 
location and plans of bridges prior to start of construction (33 U.S.C. 
525). The Commandant has given his advance approval to the location and 
plans of bridges to be constructed across reaches of waterways navigable 
in law, but not actually navigated other than by logs, log rafts, 
rowboats, canoes and small motorboats. In such cases the clearances 
provided for high water stages will be considered adequate to meet the 
reasonable needs of navigation.
    (b) The term ``small motorboats'' shall be interpreted in the light 
of the things and conditions with which it is associated. The term means 
rowboats, canoes and other similar craft with outboard motors. It does 
not include sailing or cabin cruiser craft.

(14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; 49 U.S.C. 1655(g); and 49 
CFR 1.46(c))


[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 81-076, 46 FR 
54936, Nov. 5, 1981; USCG-1998-3799, 63 FR 35527, June 30, 1998]



PART 116_ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES--
Table of Contents




Sec. 
116.01 General.
116.05 Complaints.
116.10 Preliminary review.
116.15 Preliminary investigation.
116.20 Detailed investigation.
116.25 Public hearings.
116.30 Chief, Office of Bridge Administration review and evaluation.
116.35 Order to Alter.
116.40 Plans and specifications under the Truman-Hobbs Act.
116.45 Submission of bids, approval of award, guaranty of cost, and 
          partial payments for bridges eligible for funding under the 
          Truman-Hobbs Act.
116.50 Apportionment of costs under the Truman-Hobbs Act.
116.55 Appeals.

    Authority: 33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4, 
1.46(c).

    Source: CGD 91-063, 60 FR 20902, Apr. 28, 1995, unless otherwise 
noted.



Sec. 116.01  General.

    (a) All bridges are obstructions to navigation and are tolerated 
only as long as they serve the needs of land transportation while 
allowing for the reasonable needs of navigation.
    (b) This part describes the general procedures by which the U.S. 
Coast Guard determines a bridge to be an unreasonable obstruction to 
navigation and issues an Order to Alter under the authority of the 
following statutes, as appropriate: Sec. ion 18 of the Rivers and Harbors 
Appropriations Act of 1899, 33 U.S.C. 502; Sec. ion 4 of the Bridge Act 
of 1906, 33 U.S.C. 494; or the Truman-Hobbs Act of 1940, as amended, 33 
U.S.C. 511-524.
    (c) A bridge constructed across a navigable water of the United 
States shall not unreasonably obstruct the free navigation of the water 
over which it

[[Page 544]]

was constructed, either due to insufficient height or width of the 
navigation span, or because of difficulty in passing through the draw 
opening. If any bridge unreasonably obstructs navigation, the 
Commandant, U.S. Coast Guard, will order the alteration of that bridge. 
Alterations may include structural changes, replacement, or removal of 
the bridge.
    (d) Whenever the Coast Guard has good reason to believe that a 
bridge across any of the navigable waters of the United States is an 
unreasonable obstruction to navigation, the Coast Guard will give notice 
to the owner of the bridge and other interested parties, and hold a 
public hearing at which the interested parties will have a full 
opportunity to be heard and to offer evidence on the question of whether 
alterations to the bridge are necessary and, if so, the extent of 
alterations needed.
    (e) If the Coast Guard determines that alterations to a bridge are 
necessary, the Commandant, U.S. Coast Guard, will issue to the bridge 
owner an Order to Alter containing details of the alterations necessary 
to render navigation through or under the bridge reasonably free, easy, 
and unobstructed.
    (1) In the case of a railroad or publicly owned highway bridge, an 
Order to Alter is issued to the bridge owner under the provisions of the 
Truman-Hobbs Act (33 U.S.C. 511 et seq.). In ordering these alterations, 
the Coast Guard will give due regard to the necessities of free and 
unobstructed navigation and of rail and highway traffic. For alterations 
to bridges governed by the Truman-Hobbs Act, the Coast Guard must 
approve general plans, specifications, and contracts for the alteration 
project, as well as approving the apportionment of the total cost of the 
alterations between the United States and the bridge owner.
    (2) For all other bridges, the Order to Alter will contain the 
required alterations for the bridge and will prescribe a reasonable time 
in which to accomplish the required alterations. The bridge owner is 
responsible for the entire cost of the required alterations.



Sec. 116.05  Complaints.

    Any person, company, or other entity may submit to the District 
Commander of the Coast Guard district in which a bridge over a navigable 
water of the United States is located, a complaint that a bridge 
unreasonably obstructs navigation. The complaint must be in writing and 
include specific details to support the allegation.



Sec. 116.10  Preliminary review.

    (a) Upon receipt of a written complaint, the District Commander will 
review the complaint to determine if, in the District Commander's 
opinion, the complaint is justified and whether a Preliminary 
Investigation is warranted.
    (1) The District Commander's opinion as to whether or not the 
complaint warrants a Preliminary Investigation will be formed through 
informal discussions with the complainant, users of the affected 
waterway, the owner of the bridge, and other interested parties.
    (2) In forming an opinion, the District Commander may also review 
the district files, records of accidents, and details of any additional 
written complaints associated with the bridge in question.
    (b) In the absence of any written complaint, the District Commander 
may decide, based on a bridge's accident history or other criteria, to 
conduct a Preliminary Investigation.
    (c) The District Commander will inform the complainant and the 
Chief, Office of Bridge Administration of the determination of any 
Preliminary Review. If the District Commander decides that the bridge in 
question is not an unreasonable obstruction to navigation, the 
complainant will be provided with a brief summary of the information on 
which the District Commander based the decision and will be informed of 
the appeal process described in Sec. 116.55. There will be no further 
investigation, unless additional information warrants a continuance or 
reopening of the case.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]

[[Page 545]]



Sec. 116.15  Preliminary investigation.

    (a) During the Preliminary Investigation, the District Commander 
will prepare a written report containing all pertinent information and 
submit the report, together with a recommendation for or against the 
necessity of a Detailed Investigation, to the Chief, Office of Bridge 
Administration.
    (b) The Preliminary Investigation Report will include a description 
of the nature and extent of the obstruction, the alterations to the 
bridge believed necessary to meet the reasonable needs of existing and 
future navigation, the type and volume of waterway traffic, and a 
calculation of the benefits to navigation which would result from the 
proposed bridge alterations.
    (c) The Chief, Office of Bridge Administration will review the 
Preliminary Investigation Report and make a Preliminary Decision whether 
or not to undertake a Detailed Investigation and a Public Hearing.
    (d) If after reviewing the Preliminary Investigation Report, the 
Chief, Office of Bridge Administration decides that further 
investigation is not warranted, the complainant will be notified of the 
decision. This notification will include a brief summary of information 
on which the decision was based and details of the appeal process 
described in Sec. 116.55.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.20  Detailed investigation.

    (a) When the Chief, Office of Bridge Administration determines that 
a Detailed Investigation should be conducted, the District Commander 
will initiate an investigation that addresses all of the pertinent data 
regarding the bridge, including information obtained at a public hearing 
held under Sec. 116.25. As part of the investigation, the District 
Commander will develop a comprehensive report, termed the ``Detailed 
Investigation Report'', which will discuss: the obstructive character of 
the bridge in question; the impact of that bridge upon navigation; 
navigational benefits derived; whether an alteration is needed to meet 
the needs of navigation; and, if alteration is recommended, what type.
    (b) The District Commander will forward the completed Detailed 
Investigation Report to the Chief, Office of Bridge Administration for 
review together with a recommendation of whether the bridge should be 
declared an unreasonable obstruction to navigation and, if so, whether 
an Order to Alter should be issued.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.25  Public hearings.

    (a) Any time the Chief, Office of Bridge Administration determines 
that a Detailed Investigation is warranted, or when Congress declares a 
bridge unreasonably obstructive, the District Commander will hold a 
public hearing near the location of the bridge to provide the bridge 
owner, waterway users, and other interested parties the opportunity to 
offer evidence and be heard, orally or in writing, as to whether any 
alterations are necessary to provide reasonably free, safe, and 
unobstructed passage for waterborne traffic. The District Commander will 
issue a public notice announcing the public hearing stating the time, 
date, and place of the hearing.
    (b) When a bridge is statutorily determined to be an unreasonable 
obstruction, the scope of the hearing will be to determine what 
navigation clearances are needed.
    (c) In all other cases, the scope of the hearing will be to address 
issues bearing on the question of whether the bridge is an unreasonable 
obstruction to navigation and, if so, what alterations are needed.
    (d) The hearing will be recorded. Copies of the public hearing 
transcript will be available for purchase from the recording service.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]

[[Page 546]]



Sec. 116.30  Chief, Office of Bridge Administration Review and Evaluation.

    (a) Upon receiving a Detailed Investigation Report from a District 
Commander, the Chief, Office of Bridge Administration will review all 
the information and make a final determination of whether or not the 
bridge is an unreasonable obstruction to navigation and, if so, whether 
to issue an Order to Alter. This determination will be accompanied by a 
supporting written Decision Analysis which will include a Benefit/Cost 
Analysis, including calculation of a Benefit/Cost Ratio.
    (b) The Benefit/Cost ratio is calculated by dividing the annualized 
navigation benefit of the proposed bridge alteration by the annualized 
government share of the cost of the alteration.
    (c) Except for a bridge which is statutorily determined to be an 
unreasonable obstruction, an Order to Alter will not be issued under the 
Truman-Hobbs Act unless the ratio is at least 1:1.
    (d) If a bridge is statutorily determined to unreasonably obstruct 
navigation, the Chief, Office of Bridge Administration will prepare a 
Decision Analysis to document and provide details of the required 
vertical and horizontal clearances and the reasons alterations are 
necessary.
    (e) If the Chief, Office of Bridge Administration decides to 
recommend that the Commandant issue an Order to Alter, or a bridge is 
statutorily determined to unreasonably obstruct navigation, the Chief, 
Office of Bridge Administration will issue a letter to the bridge owner 
(``The 60-Day Letter'') at least 60 days before the Commandant issues an 
Order to Alter. This letter will contain the reasons an alteration is 
necessary, the proposed alteration, and, in the case of a Truman-Hobbs 
bridge, an estimate of the total project cost and the bridge owner's 
share.
    (f) If the bridge owner does not agree with the terms proposed in 
the 60-Day Letter, the owner may request a reevaluation of the terms. 
The request for a reevaluation must be in writing, and identify the 
terms for which reevaluation is requested. The request may provide 
additional information not previously presented.
    (g) Upon receipt of the bridge owner's response, the Chief, Office 
of Bridge Administration will reevaluate the situation based on the 
additional information submitted by the bridge owner. If after the 
Chief, Office of Bridge Administration reviews the determination, there 
is no change, the Commandant may issue an Order to Alter as set out in 
Sec. 116.35. The Chief, Office of Bridge Administration determination 
based on the reevaluation will constitute final agency action.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.35  Order to Alter.

    (a) If the bridge owner agrees with the contents of the 60-Day 
Letter, if no reply is received by 60 days after the issuance of the 
letter, or if after reevaluation a bridge is determined to be an 
unreasonable obstruction to navigation, the Commandant will issue an 
Order to Alter.
    (1) If a bridge is eligible for funding under the Truman-Hobbs Act, 
the Order to Alter will specify the navigational clearances to be 
accomplished in order to meet the reasonable needs of navigation.
    (2) An Order to Alter for a bridge that is not eligible for Truman-
Hobbs funding will specify the navigational clearances that are required 
to meet the reasonable needs of navigation and will prescribe a 
reasonable time in which to accomplish them.
    (b) If appropriate, the Order to Alter will be accompanied by a 
letter of special conditions setting forth safeguards needed to protect 
the environment or to provide for any special needs of navigation.
    (c) If a proposed alteration to a bridge has desirable, non-
navigational benefits, the Chief, Office of Bridge Administration may 
require an equitable contribution from any interested person, firm, 
association, corporation, municipality, county, or state benefiting from 
the alteration as a prerequisite to the making of an Order to Alter for 
that alteration.
    (d) Failure to comply with any Order to Alter issued under the 
provisions of this part will subject the owner or controller of the 
bridge to the penalties

[[Page 547]]

prescribed in 33 U.S.C. 495, 502, 519, or any other applicable 
provision.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.40  Plans and specifications under the Truman-Hobbs Act.

    (a) After an Order to Alter has been issued to a bridge owner under 
the Truman-Hobbs Act, the Chief, Office of Bridge Administration will 
issue a letter to the bridge owner outlining the owner's 
responsibilities to submit plans and specifications to the Chief, Office 
of Bridge Administration for the alteration of the bridge. The plans and 
specifications, at a minimum, must provide for the clearances identified 
in the Order to Alter. The plans and specifications may also include any 
other additional alteration to the bridge that the owner considers 
desirable to meet the requirements of railroad or highway traffic. 
During the alteration process, balanced consideration shall be given to 
the needs of rail, highway, and marine traffic.
    (b) The Chief, Office of Bridge Administration will approve or 
reject the plans and specifications submitted by the bridge owner, in 
whole or in part, and may require the submission of new or additional 
plans and specifications.
    (c) When Chief, Office of Bridge Administration has approved the 
submitted plans and specifications, they are final and binding upon all 
parties, unless later changes are approved by the Chief, Office of 
Bridge Administration. Any changes to the approved plans will be 
coordinated with the District Commander.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.45  Submission of bids, approval of award, guaranty of cost, and partial payments for bridges eligible for funding under the Truman-Hobbs Act.

    (a) Once the plans and specifications for a bridge eligible for 
funding under the Truman-Hobbs Act have been approved, the bridge owner 
must take bids for the alteration of the bridge consistent with the 
approved plans and specifications. Those bids must then be submitted to 
the Chief, Office of Bridge Administration for approval.
    (b) After the bridge owner submits the guaranty of cost required by 
33 U.S.C. 515, the Chief, Office of Bridge Administration authorizes the 
owner to award the contract.
    (c) Partial payments of the government's costs are authorized as the 
work progresses to the extent that funds have been appropriated.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.50  Apportionment of costs under the Truman-Hobbs Act.

    (a) In determining the apportionment of costs, the bridge owner must 
bear such part of the cost attributable to the direct and special 
benefits which will accrue to the bridge owner as a result of alteration 
to the bridge, including expected savings in repairs and maintenance, 
expected increased carrying capacity, costs attributable to the 
requirements of highway and railroad traffic, and actual capital costs 
of the used service life. The United States will bear the balance of the 
costs, including that part attributable to the necessities of 
navigation.
    (b) ``Direct and special benefits'' ordinarily will include items 
desired by the owner but which have no counterpart or are of higher 
quality than similar items in the bridge prior to alteration. Examples 
include improved signal and fender systems, pro rata share of 
dismantling costs, and improvements included, but not required, in the 
interests of navigation.
    (c) During the development of the Apportionment of Costs, the bridge 
owner will be provided with an opportunity to be heard. Proportionate 
shares of cost to be borne by the United States and the bridge owner are 
developed in substantially the following form:

Total cost of project -------- $--------
    Less salvage -------- $--------
    Less contribution by third party -------- $--------
Cost of alteration to be apportioned -------- $--------
Share to be borne by the bridge owner:
Direct and Special Benefits:
    a. Removing old bridge -------- $--------
    b. Fixed charges -------- $--------

[[Page 548]]

    c. Betterments -------- $--------
Expected savings in repair or maintenance costs:
    a. Repair -------- $--------
    b. Maintenance -------- $--------
Costs attributable to requirements of railroad and/or highway traffic --
          ------ $--------
Expenditure for increased carrying capacity -------- $--------
Expired service life of old bridge -------- $--------
    Subtotal -------- $--------
Share to be borne by the bridge owner -------- $--------
    Contingencies -------- $--------
    Total -------- $--------
Share to be borne by the United States -------- $--------
    Contingencies -------- $--------
    Total -------- $--------

    (d) The Order of Apportionment of Costs will include the guaranty of 
costs.



Sec. 116.55  Appeals.

    (a) Except for the decision to issue an Order to Alter, if a 
complainant disagrees with a recommendation regarding obstruction or 
eligibility made by a District Commander, or the Chief, Office of Bridge 
Administration, the complainant may appeal that decision to the 
Assistant Commandant for Operations.
    (b) The appeal must be submitted in writing to the Assistant 
Commandant for Operations, U.S. Coast Guard, 2100 Sec. nd Street, SW., 
Washington, DC 20593-0001, within 60 days after the District Commander's 
or the Chief's, Office of Bridge Administration decision. The Assistant 
Commandant for Operations will make a decision on the appeal within 90 
days after receipt of the appeal. The Assistant Commandant for 
Operations' decision of this appeal shall constitute final agency 
action.
    (c) Any Order of Apportionment made or issued under section 6 of the 
Truman-Hobbs Act, 33 U.S.C. 516, may be reviewed by the Court of Appeals 
for any judicial circuit in which the bridge in question is wholly or 
partly located, if a petition for review is filed within 90 days after 
the date of issuance of the order. The review is described in section 10 
of the Truman-Hobbs Act, 33 U.S.C. 520. The review proceedings do not 
operate as a stay of any order issued under the Truman-Hobbs Act, other 
than an order of apportionment, nor relieve any bridge owner of any 
liability or penalty under other provisions of that act.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997]



PART 117_DRAWBRIDGE OPERATION REGULATIONS--Table of Contents




                     Subpart A_General Requirements

Sec. 
117.1 Purpose.
117.4 Definitions.
117.5 When the drawbridge must open.
117.7 General requirements of drawbridge owners.
117.8 Permanent changes to drawbridge operation.
117.9 Delaying opening of a draw.
117.11 Unnecessary opening of the draw.
117.15 Signals.
117.17 Signalling for contiguous drawbridges.
117.19 Signalling when two or more vessels are approaching a drawbridge.
117.21 Signalling for an opened drawbridge.
117.23 Installation of radiotelephones.
117.24 Radiotelephone installation identification.
117.31 Drawbridge operations for emergency vehicles and emergency 
          vessels.
117.33 Closure of draw for natural disasters or civil disorders.
117.35 Temporary change to a drawbridge operating schedule.
117.36 Closure of drawbridge for emergency repair.
117.39 Authorized closure of drawbridge due to infrequent requests for 
          openings.
117.40 Advance notice for drawbridge opening.
117.41 Maintaining drawbridges in the fully open position.
117.42 Remotely operated and automated drawbridges.
117.47 Clearance gages.
117.49 Process of violations.

                     Subpart B_Specific Requirements

117.51 General
117.55 Posting of requirements.
117.59 Special requirements due to hazards.

                                 Alabama

117.101 Alabama River.
117.103 Bayou La Batre.
117.105 Bayou Sara.
117.107 Chattahoochee River.
117.109 Coosa River.
117.113 Tensaw River.
117.115 Three Mile Creek.

[[Page 549]]

                                Arkansas

117.121 Arkansas River.
117.123 Arkansas Waterway.
117.125 Black River.
117.127 Current River.
117.129 Little Red River.
117.131 Little River.
117.133 Ouachita River.
117.135 Red River.
117.137 St. Francis River.
117.139 White River.

                               California

117.140 General.
117.141 American River.
117.143 Bishop Cut.
117.147 Cerritos Channel.
117.149 China Basin, Mission Creek.
117.150 Connection Slough.
117.151 Cordelia Slough (A tributary of Suisun Bay).
117.153 Corte Madera Creek.
117.155 Eureka Slough.
117.157 Georgiana Slough.
117.159 Grant Line Canal.
117.161 Honker Cut.
117.163 Islais Creek (Channel).
117.165 Lindsey Slough.
117.167 Little Potato Slough.
117.169 Mare Island Strait and the Napa River.
117.171 Middle River.
117.173 Miner Slough.
117.175 Mokelumne River.
117.177 Mud Slough.
117.179 Newark Slough.
117.181 Oakland Inner Harbor Tidal Canal.
117.183 Old River.
117.185 Pacheco Creek.
117.187 Petaluma River.
117.189 Sacramento River.
117.191 San Joaquin River.
117.193 San Leandro Bay.
117.195 Snodgrass Slough.
117.197 Sonoma Creek.
117.199 Steamboat Slough.
117.201 Sutter Slough.

                               Connecticut

117.202 Cold Spring Brook.
117.205 Connecticut River.
117.207 Housatonic River.
117.209 Mianus River.
117.211 Mystic River.
117.213 New Haven Harbor, Quinnipiac and Mill Rivers.
117.215 Niantic River.
117.217 Norwalk River.
117.219 Pequonnock River.
117.221 Saugatuck River.
117.223 Shaw Cove.
117.224 Thames River.
117.225 Yellow Mill Channel.

                                Delaware

117.231 Brandywine Creek.
117.233 Broad Creek.
117.234 Cedar Creek.
117.235 Chesapeake and Delaware Canal.
117.237 Christina River.
117.239 Lewes and Rehoboth Canal.
117.241 Mispillion River.
117.243 Nanticoke River.
117.245 Smyrna River.

                          District of Columbia

117.253 Anacostia River.
117.255 Potomac River.

                                 Florida

117.258 Apalachicola River.
117.261 Atlantic Intracoastal Waterway from St. Marys River to Key 
          Largo.
117.263 Banana River.
117.267 Big Carlos Pass.
117.268 Billy's Creek.
117.269 Biscayne Bay.
117.271 Blackwater River.
117.272 Boot Key Harbor.
117.273 Canaveral Barge Canal.
117.279 Coffeepot Bayou.
117.283 Dunns Creek.
117.285 Grand Canal.
117.287 Gulf Intracoastal Waterway.
117.289 Hillsboro Inlet.
117.291 Hillsborough River.
117.295 Kissimmee River.
117.297 Little Manatee River.
117.299 Loxahatchee River.
117.300 Manatee River.
117.301 Massalina Bayou.
117.303 Matlacha Pass.
117.305 Miami River.
117.307 Miami River, North Fork.
117.309 Nassau Sound.
117.311 New Pass.
117.313 New River.
117.315 New River, South Fork.
117.317 Okeechobee Waterway.
117.319 Oklawaha River.
117.323 Outer Clam Bay.
117.324 Rice Creek.
117.325 St. Johns River.
117.327 St. Marks River.
117.329 St. Marys River.
117.331 Snake Creek.
117.333 Suwannee River.
117.335 Taylor Creek.
117.337 Trout River.
117.341 Whitcomb Bayou.

                                 Georgia

117.351 Altamaha River.
117.353 Atlantic Intracoastal Waterway, Savannah River to St. Marys 
          River.
117.359 Chattahoochee River.
117.361 Flint River.
117.363 Ocmulgee River.
117.365 Oconee River.
117.367 Ogeechee River.
117.369 Satilla River.
117.371 Savannah River.

[[Page 550]]

117.373 St. Marys River.

                                  Idaho

117.381 Clearwater River.
117.383 Pend Oreille River.
117.385 Snake River.

                                Illinois

117.389 Calumet River.
117.391 Chicago River.
117.393 Illinois Waterway.
117.397 Wabash River.

                                 Indiana

117.401 Trail Creek.
117.403 Wabash River.

                                  Iowa

117.407 Missouri River.

                                 Kansas

117.411 Missouri River.

                                Kentucky

117.415 Green River.
117.417 Ohio River.

                                Louisiana

117.422 Amite River.
117.423 Atchafalaya River.
117.424 Belle River.
117.425 Black Bayou.
117.427 Black River.
117.429 Boeuf Bayou.
117.433 Bonfouca Bayou.
117.434 Caddo Lake.
117.435 Carlin Bayou.
117.436 Chef Menteur Pass.
117.437 Colyell Bayou.
117.438 Company Canal.
117.439 Des Allemands Bayou.
117.441 D'Inde Bayou.
117.443 Du Large Bayou.
117.444 Falgout Canal.
117.445 Franklin Canal.
117.447 Grand Cabahanosse Bayou.
117.449 Grosse Tete Bayou.
117.451 Gulf Intracoastal Waterway.
117.453 Houma Canal.
117.455 Houma Navigation Canal.
117.457 Houston River.
117.458 Inner Harbor Navigation Canal, New Orleans.
117.459 Kelso Bayou.
117.460 La Carpe Bayou.
117.461 Lacassine Bayou.
117.463 Lacombe Bayou.
117.465 Lafourche Bayou.
117.467 Lake Pontchartrain.
117.469 Liberty Bayou.
117.471 Little Black Bayou.
117.473 Little River.
117.475 Little (Petit) Caillou Bayou.
117.477 Lower Atchafalaya River.
117.478 Lower Grand River.
117.479 Macon Bayou.
117.480 Mermentau River.
117.482 Nezpique Bayou.
117.483 Ouachita River.
117.484 Pass Manchac.
117.485 Patout Bayou.
117.486 Pearl River.
117.487 Pierre Pass.
117.488 Plaquemine Bayou.
117.489 Plaquemine Brule Bayou.
117.491 Red River.
117.493 Sabine River.
117.494 Schooner Bayou Canal.
117.495 Superior Oil Canal.
117.497 Stumpy Bayou.
117.499 Tante Phine Pass.
117.500 Tchefuncta River.
117.501 Teche Bayou.
117.503 Tensas River.
117.505 Terrebonne Bayou.
117.507 Tigre Bayou.
117.509 Vermilion River.
117.511 West Pearl River.

                                  Maine

117.521 Back Cove.
117.523 Back River.
117.525 Kennebec River.
117.527 Kennebunk River.
117.529 Narraguagus River.
117.531 Piscataqua River.
117.533 Sheepscot River.
117.537 Townsend Gut.

                                Maryland

117.541 Baltimore Harbor--Patapsco River.
117.543 Bear Creek.
117.547 Bush River.
117.549 Cambridge Harbor.
117.551 Chester River.
117.553 Choptank River.
117.555 College Creek.
117.557 Curtis Creek.
117.559 Isle of Wight Bay.
117.561 Kent Island Narrows.
117.563 Marshyhope Creek.
117.565 Miles River.
117.567 Patuxent River.
117.569 Pocomoke River.
117.570 Sassafras River.
117.571 Spa Creek.
117.573 Stoney Creek.
117.575 Susquehanna River.
117.577 Weems Creek.
117.579 Wicomico River (North Prong).

                              Massachusetts

117.585 Acushnet River.
117.586 Annisquaim River and Blynman Canal.
117.587 Apponagansett River.
117.588 Bass River.
117.589 Cape Cod Canal.
117.591 Charles River and its tributaries.
117.593 Chelsea River.
117.595 Danvers River.

[[Page 551]]

117.597 Dorchester Bay.
117.598 Eel Pond Channel.
117.599 Fort Point Channel.
117.600 Lagoon Pond.
117.601 Malden River.
117.603 Manchester Harbor.
117.605 Merrimack River.
117.607 Mitchell River.
117.609 Mystic River.
117.611 Neponset River.
117.613 North River.
117.615 Plum Island River.
117.618 Saugus River.
117.619 Taunton River.
117.620 Westport River--East Branch.
117.621 Fore River.
117.622 West Bay.

                                Michigan

117.624 Black River (South Haven).
117.625 Black River.
117.627 Cheboygan River.
117.631 Detroit River (Trenton Channel).
117.633 Grand River.
117.635 Keweenaw Waterway.
117.637 Manistee River.
117.639 Ontonagon River.
117.641 Pine River (Charlevoix).
117.643 Pine River (St. Clair).
117.647 Saginaw River.
117.651 St. Joseph River.
117.653 St. Mary's Fall Canal.
117.655 Thunder Bay River.

                                Minnesota

117.661 Duluth Ship Canal (Duluth-Superior Harbor).
117.663 Minnesota River.
117.665 Red River of the North.
117.667 St. Croix River.
117.669 St. Louis River (Duluth-Superior Harbor).
117.671 Upper Mississippi River.

                               Mississippi

117.675 Back Bay of Biloxi.
117.677 Big Sunflower River.
117.681 Old Fort Bayou.
117.683 Pearl River.
117.684 Bayou Portage.
117.685 Tchoutacabouffa River.
117.686 Yazoo River.

                                Missouri

117.687 Missouri River.
117.689 Osage River.

                                Nebraska

117.691 Missouri River.

                              New Hampshire

117.697 Hampton River.
117.699 Little Harbor.
117.700 Piscataqua River.

                               New Jersey

117.701 Alloway Creek.
117.703 Bass River.
117.705 Beaver Dam Creek.
117.709 Cheesequake Creek.
117.711 Cohansey River.
117.713 Cooper River.
117.714 Corson Inlet.
117.715 Debbies Creek.
117.716 Delaware River.
117.719 Elizabeth River.
117.720 Great Channel.
117.721 Grassy Sound Channel.
117.723 Hackensack River.
117.725 Manantico Creek.
117.727 Manasquan River.
117.729 Mantua Creek.
117.730 Maurice River.
117.731 Mullica River.
117.732 Nacote Creek.
117.733 New Jersey Intracoastal Waterway.
117.734 Navesink River (Swimming River).
117.735 Newark Bay.
117.736 Oceanport Creek.
117.737 Oldmans Creek.
117.738 Overpeck Creek.
117.739 Passaic River.
117.741 Raccoon Creek.
117.743 Rahway River.
117.745 Rancocas River (Creek).
117.747 Raritank River, Arthur Kill, and their tributaries.
117.749 Salem River.
117.750 Schellenger Creek.
117.751 Shark River (South Channel).
117.753 Ship Channel, Great Egg Harbor Bay.
117.755 Shrewsbury River.
117.756 South River.
117.757 Townsend Inlet.
117.758 Tuckahoe River.
117.759 Wading River.
117.761 Woodbridge Creek.

                                New York

117.769 Black Rock Canal.
117.771 Bronx River.
117.773 Buffalo River.
117.779 Eastchester Bay (Arm of).
117.781 East River.
117.785 Genessee River.
117.787 Gowanus Canal.
117.789 Harlem River.
117.791 Hudson River.
117.793 Hutchinson River (Eastchester Creek).
117.795 Jamaica Bay and Connecting Waterways.
117.797 Lake Champlain.
117.799 Long Island, New York Island Waterway from East Rockaway Inlet 
          to Shinnecock Canal.
117.801 Newtown Creek, Dutch Kills, English Kills and their tributaries.
117.802 New Rochelle Harbor.
117.803 Niagara River.

[[Page 552]]

117.805 Peekskill (Annsville) Creek.
117.809 Tonawanda Creek.
117.811 Tonawanda Harbor.
117.813 Wappinger Creek.
117.815 Westchester Creek.

                             North Carolina

117.820 Atlantic Intracoastal Waterway (Alternate Route), Great Dismal 
          Swamp Canal.
117.821 Atlantic Intracoastal Waterway, Albemarle Sound to Sunset Beach.
117.822 Beaufort Channel, NC.
117.823 Cape Fear River.
117.824 Neuse River.
117.825 Newport River.
117.829 Northeast Cape Fear River.
117.831 Pamlico and Tar Rivers.
117.833 Pasquotank River.
117.835 Perquimans River.
117.837 Roanoke River.
117.841 Smith Creek.
117.843 Trent River.

                                  Ohio

117.847 Ashtabula River.
117.849 Muskingum River (Zanesville Canal).
117.850 Black River.
117.851 Portage River.
117.853 Sandusky Bay.
117.855 Maumee River.

                                 Oregon

117.861 Blind Slough.
117.865 Clatskanie River.
117.869 Columbia River.
117.871 Coos Bay.
117.873 Coos River.
117.875 Coquille River.
117.879 Isthmus Slough.
117.881 John Day River.
117.887 Oregon Slough (North Portland Harbor).
117.889 Siuslaw River.
117.892 South Slough.
117.893 Umpqua River.
117.895 Wallooskee River.
117.897 Willamette River.
117.899 Youngs Bay and Lewis and Clark River.

                              Pennsylvania

117.901 Chester Creek.
117.903 Darby Creek.
117.904 Delaware River.
117.905 Schuylkill River.

                         Rhode Island [Reserved]

                             South Carolina

117.911 Atlantic Intracoastal Waterway, Little River to Savannah River.
117.913 Ashepoo River.
117.915 Ashley River.
117.917 Battery Creek.
117.921 Broad River.
117.923 Congaree River.
117.925 Cooper River.
117.927 Coosaw River (Whale Branch).
117.929 Durham Creek.
117.933 Pee Dee River.
117.935 Rantowles Creek.
117.936 Savannah River.
117.938 Waccamaw River.
117.939 Wando River.

                              South Dakota

117.941 Missouri River.

                                Tennessee

117.943 Cumberland River.
117.945 Hatchie River.
117.947 Obion River.
117.949 Tennessee River.

                                  Texas

117.951 Arroyo Colorado River.
117.953 Brazos River (Diversion Channel).
117.955 Buffalo Bayou.
117.957 Cedar Bayou.
117.959 Chocolate Bayou.
117.963 Colorado River.
117.965 Cow Bayou.
117.967 Greens Bayou.
117.968 Gulf Intracoastal Waterway.
117.969 Lavaca River.
117.971 Neches River.
117.975 Old Brazos River.
117.977 Pelican Island Causeway, Galveston Channel.
117.979 Sabine Lake.
117.981 Sabine River.
117.983 Sabine River (Old Channel) behind Orange Harbor Island.
117.984 San Bernard River.
117.987 Taylor Bayou.
117.989 Trinity River.

                                 Vermont

117.993 Lake Champlain.

                                Virginia

117.995 Appomattox River.
117.997 Atlantic Intracoastal Waterway, South Branch of the Elizabeth 
          River to the Albemarle and Chesapeake Canal.
117.999 Blackwater River.
117.1001 Cat Point Creek.
117.1003 Chickahominy River.
117.1005 Chincoteague Channel.
117.1007 Elizabeth River--Eastern Branch.
117.1011 Great Wicomico River.
117.1013 Kinsale Creek.
117.1015 Mattaponi River.
117.1021 North Landing River.
117.1023 Pamunkey River.
117.1025 York River.

                               Washington

117.1031 Chehalis River.

[[Page 553]]

117.1035 Columbia River.
117.1037 Cowlitz River.
117.1041 Duwamish Waterway.
117.1045 Hood Canal.
117.1047 Hoquiam River.
117.1049 Lake Washington.
117.1051 Lake Washington Ship Canal.
117.1053 Lewis River.
117.1055 Skagit River.
117.1057 Skamokawa Creek.
117.1058 Snake River.
117.1059 Snohomish River, Steamboat Sough, and Ebey Slough.
117.1061 Tacoma Harbor.
117.1063 Willapa River South Fork.
117.1065 Wishkah River.

                                Wisconsin

117.1081 Black River.
117.1083 Duluth-Superior Harbor (St. Louis River).
117.1085 East River.
117.1087 Fox River.
117.1089 Manitowoc River.
117.1091 Menomonee River.
117.1093 Milwaukee, Menomonee, and Kinnickinnic Rivers and South 
          Menomonee and Burnham Canals.
117.1095 Root River.
117.1097 Sheboygan River.
117.1099 St. Croix River.
117.1101 Sturgeon Bay.
117.1103 Upper Mississippi River.
117.1105 Wisconsin River.
117.1107 Wolf River.

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); and Department of 
Homeland Sec. rity Delegation No. 0170.1.

    Source: CGD 82-025, 49 FR 17452, Apr. 24, 1984, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 117 appear at 63 FR 
35529, June 30, 1998.



                     Subpart A_General Requirements



Sec. 117.1  Purpose.

    (a) This part prescribes the general and special drawbridge 
operating regulations that apply to the drawbridges across the navigable 
waters of the United States and its territories. The authority to 
regulate drawbridges across the navigable waters of the United States is 
vested in the Sec. etary of Homeland Sec. rity.
    (b) Subpart A contains the general operation requirements that apply 
to all drawbridges.
    (c) Subpart B contains specific requirements for operation of 
individual drawbridges. These requirements are in addition to or vary 
from the general requirements in Subpart A. Specific sections in subpart 
B that vary from a general requirement in Subpart A supersede the 
general requirement. All other general requirements in Subpart A, that 
are not at variance, apply to the drawbridges and removable span bridges 
listed in Subpart B.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]



Sec. 117.4  Definitions.

    The following definitions apply to this part:
    Appurtenance means an attachment or accessory extending beyond the 
hull or superstructure that is not an integral part of the vessel and is 
not needed for a vessel's piloting, propelling, controlling, or 
collision avoidance capabilities.
    Automated drawbridge means a drawbridge that is operated by an 
automated mechanism, not a drawtender. An automated drawbridge is 
normally kept in the open to navigation position and closes when the 
mechanism is activated.
    Deviation means a District Commander's action authorizing a 
drawbridge owner to temporarily not comply with the drawbridge opening 
requirements in this part.
    Drawbridge means a bridge with an operational span that is intended 
to be opened for the passage of waterway traffic.
    Drawspan means the operational span of a drawbridge.
    Lowerable means a non-structural vessel appurtenance that is or can 
be made flexible, hinged, collapsible, or telescopic so that it can be 
mechanically or manually lowered.
    Nonstructural means that the item is not rigidly fixed to the vessel 
and can be relocated or altered.
    Not essential to navigation means that a nonstructural vessel 
appurtenance, when in the lowered position, would not adversely affect 
the vessel's piloting, propulsion, control, or collision-avoidance 
capabilities.
    Public vessel means a vessel that is owned and operated by the 
United States Government and is not engaged in commercial service, as 
defined in 46 U.S.C. 2101.
    Remotely operated drawbridge means a drawbridge that is operated by 
remote

[[Page 554]]

control from a location away from the drawbridge.
    Removable span bridge means a bridge that requires the complete 
removal of a span by means other than machinery installed on the bridge 
to open the bridge to navigation.
    Untended means that there is no drawtender at the drawbridge.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]



Sec. 117.5  When the drawbridge must open.

    Except as otherwise authorized or required by this part, drawbridges 
must open promptly and fully for the passage of vessels when a request 
or signal to open is given in accordance with this subpart.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.7  General requirements of drawbridge owners.

    Except for drawbridges that have been authorized, before January 3, 
2007, to remain closed to navigation or as otherwise specified in 
subpart B, drawbridge owners must:
    (a) Provide the necessary drawtender(s) for the safe and prompt 
opening of the drawbridge.
    (b) Maintain the working machinery of the drawbridge in good 
operating condition.
    (c) Cycle the drawspan(s) periodically to ensure operation of the 
drawbridge.
    (d) Ensure that the drawbridge operates in accordance with the 
requirements of this part.
    (e) Any drawbridge allowed to remain closed to navigation prior to 
January 3, 2007, when necessary, must be returned to operable condition 
within the designated time set forth by the District Commander and will 
become subject to the requirements of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.8  Permanent changes to drawbridge operation.

    (a) Anyone may submit a written request to the District Commander 
for a permanent change to a drawbridge operating requirement. The 
request must include documentation supporting or justifying the 
requested change.
    (b) If after evaluating the request, the District Commander 
determines that the requested change is not needed, he or she will 
respond to the request in writing and provide the reasons for denial of 
the requested change.
    (c) If the District Commander decides that a change may be needed, 
he or she will begin a rulemaking to implement the change.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.9  Delaying opening of a draw.

    No person shall unreasonably delay the opening of a draw after the 
signals required by Sec. 117.15 have been given.

    Note: Trains are usually controlled by the block method. That is, 
the track is divided into blocks or segments of a mile or more in 
length. When a train is in a block with a drawbridge, the draw may not 
be able to open until the train has passed out of the block and the 
yardmaster or other manager has ``unlocked'' the drawbridge controls. 
The maximum time permitted for delay is defined in Subpart B for each 
affected bridge. Land and water traffic should pass over or through the 
draw as soon as possible in order to prevent unnecessary delays in the 
opening and closure of the draw.



Sec. 117.11  Unnecessary opening of the draw.

    No vessel owner or operator shall--
    (a) Signal a drawbridge to open if the vertical clearance is 
sufficient to allow the vessel, after all lowerable nonstructural vessel 
appurtenances that are not essential to navigation have been lowered, to 
safely pass under the drawbridge in the closed position; or
    (b) Signal a drawbridge to open for any purpose other than to pass 
through the drawbridge opening.

[CGD 91-059, 59 FR 16563, Apr. 7, 1994]



Sec. 117.15  Signals.

    (a) General. (1) The operator of each vessel requesting a drawbridge 
to open shall signal the drawtender and the drawtender shall acknowledge 
that signal. The signal shall be repeated until acknowledged in some 
manner by the drawtender before proceeding.
    (2) The signals used to request the opening of the draw and to 
acknowledge that request shall be sound signals, visual signals, or 
radiotelephone communications described in this subpart.

[[Page 555]]

    (3) Any of the means of signaling described in this subpart 
sufficient to alert the party being signaled may be used.
    (b) Sound signals. (1) Sound signals shall be made by whistle, horn, 
megaphone, hailer, or other device capable of producing the described 
signals loud enough to be heard by the drawtender.
    (2) As used in this section, ``prolonged blast'' means a blast of 
four to six seconds duration and ``short blast'' means a blast of 
approximately one second duration.
    (3) The sound signal to request the opening of a draw is one 
prolonged blast followed by one short blast sounded not more than three 
seconds after the prolonged blast. For vessels required to be passed 
through a draw during a scheduled closure period, the sound signal to 
request the opening of the draw during that period is five short blasts 
sounded in rapid succession.
    (4) When the draw can be opened immediately, the sound signal to 
acknowledge a request to open the draw is one prolonged blast followed 
by one short blast sounded not more than 30 seconds after the requesting 
signal.
    (5) When the draw cannot be opened immediately, or is open and shall 
be closed promptly, the sound signal to acknowledge a request to open 
the draw is five short blasts sounded in rapid succession not more than 
30 seconds after the vessel's opening signal. The signal shall be 
repeated until acknowledged in some manner by the requesting vessel.
    (c) Visual signals. (1) The visual signal to request the opening of 
a draw is--
    (i) A white flag raised and lowered vertically; or
    (ii) A white, amber, or green light raised and lowered vertically.
    (2) When the draw can be opened immediately, the visual signal to 
acknowledge a request to open the draw, given not more than 30 seconds 
after the vessel's opening signal, is--
    (i) A white flag raised and lowered vertically;
    (ii) A white, amber, or green light raised and lowered vertically; 
or
    (iii) A fixed or flashing white, amber, or green light or lights.
    (3) When the draw cannot be opened immediately, or is open and must 
be closed promptly, the visual signal to acknowledge a request to open 
the draw is--
    (i) A red flag or red light swung back and forth horizontally in 
full sight of the vessel given not more than 30 seconds after the 
vessel's opening signal; or
    (ii) A fixed or flashing red light or lights given not more than 30 
seconds after the vessel's opening signal.
    (4) The acknowledging signal when the draw cannot open immediately 
or is open and must be closed promptly shall be repeated until 
acknowledged in some manner by the requesting vessel.
    (d) Radio telephone communications. (1) Radiotelephones may be used 
to communicate the same information provided by sound and visual 
signals.
    (2) The vessel and the drawtender shall monitor the frequency used 
until the vessel has cleared the draw.
    (3) When radiotelephone contact cannot be initiated or maintained, 
sound or visual signals under this section shall be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 50 FR 
11366, Mar. 21, 1985; CGD 84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 
61 FR 33664, June 28, 1996; USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.17  Signalling for contiguous drawbridges.

    When a vessel must past two or more drawbridges close together, the 
opening signal is given for the first bridge. After acknowledgment from 
the first bridge that it will promptly open, the opening signal is given 
for the second bridge, and so on until all bridges that the vessel must 
pass have been given the opening signal and have acknowledged that they 
will open promptly.



Sec. 117.19  Signalling when two or more vessels are approaching a drawbridge.

    When two or more vessels are approaching the same drawbridge at the 
same time, or nearly the same, time, whether from the same or opposite 
directions, each vessel shall signal independently for the opening of 
the draw and the drawtender shall reply in turn

[[Page 556]]

to the signal of each vessel. The drawtender need not reply to signals 
by vessels accumulated at the bridge for passage during a scheduled open 
period.



Sec. 117.21  Signalling for an opened drawbridge.

    When a vessel approaches a drawbridge with the draw in the open 
position, the vessel shall give the opening signal. If no acknowledgment 
is received within 30 seconds, the vessel may proceed, with caution, 
through the open draw.



Sec. 117.23  Installation of radiotelephones.

    (a) When the District Commander deems it necessary for reasons of 
safety of navigation, the District Commander may require the 
installation and operation or a radiotelephone on or near a drawbridge.
    (b) The District Commander gives written notice of the proposed 
requirement to the bridge owner.
    (c) All comments the owner wishes to submit shall be submitted to 
the District Commander within 30 days of receipt of the notice under 
paragraph (b) of this section.
    (d) If, upon consideration of the comments received, the District 
Commander determines that a radiotelephone is necessary, the District 
Commander notifies the bridge owner that a radiotelephone shall be 
installed and gives a reasonable time, not to exceed six months, to 
install the radiotelephone and commence operation.



Sec. 117.24  Radiotelephone installation identification.

    (a) The Coast Guard authorizes, and the District Commander may 
require the installation of a sign on drawbridges, on the upstream and 
downstream sides, indicating that the bridge is equipped with and 
operates a VHF radiotelephone in accordance with Sec. 117.23.
    (b) The sign shall give notice of the radiotelephone and its calling 
and working channels--
    (1) In plain language; or
    (2) By a sign consisting of the outline of a telephone handset with 
the long axis placed horizontally and a vertical three-legged lightning 
slash superimposed over the handset. The slash shall be as long 
vertically as the handset is wide horizontally and normally not less 
than 27 inches and no more than 36 inches long. The preferred calling 
channel should be shown in the lower left quadrant and the preferred 
working channel should be shown in the lower right quadrant.

    Note: It is recommended that the radiotelephone sign be similar in 
design to the Service Signs established by the Federal Highway 
Administration (FHWA) in U.S. Road Symbol Signs using Reflective Blue 
and Reflective White colors. Color and design information is available 
from the District Commander of the Coast Guard District in which the 
bridge is located.

[CGD 84-022, 51 FR 16308, May 2, 1986]



Sec. 117.31  Drawbridge operations for emergency vehicles and emergency vessels.

    (a) Upon receiving notification that an emergency vehicle is 
responding to an emergency situation, a drawtender must make all 
reasonable efforts to have the drawspan closed at the time the emergency 
vehicle arrives.
    (b) When a drawtender receives notice, or a proper signal as 
provided in Sec. 117.15 of this part, the drawtender shall take all 
reasonable measures to have the draw opened, regardless of the operating 
schedule of the draw, for passage of the following, provided this 
opening does not conflict with local emergency management procedures 
which have been approved by the cognizant Coast Guard Captain of the 
Port:
    (1) Federal, State, and local government vessels used for public 
safety;
    (2) Vessels in distress where a delay would endanger life or 
property;
    (3) Commercial vessels engaged in rescue or emergency salvage 
operations; and
    (4) Vessels seeking shelter from severe weather.

[CGD 91-016, 58 FR 20, Jan. 4, 1993, as amended at 71 FR 70308, Dec. 4, 
2006]



Sec. 117.33  Closure of draw for natural disasters or civil disorders.

    Drawbridges need not open for the passage of vessels during periods 
of natural disasters or civil disorders declared by the appropriate 
authorities

[[Page 557]]

unless otherwise provided for in Subpart B or directed to do so by the 
District Commander.



Sec. 117.35  Temporary change to a drawbridge operating schedule.

    (a) For any temporary change to the operating schedule of a 
drawbridge, lasting less than or equal to 180 days, the District 
Commander may issue a deviation approval letter to the bridge owner and 
publish a ``Notice of deviation from drawbridge regulation'' in the 
Federal Register.
    (b) If the time period for a temporary change to the operating 
schedule of a drawbridge will be greater then 180 days, the District 
Commander will follow appropriate rulemaking procedures and publish a 
temporary rule in the Federal Register prior to the start of the action.
    (c) Request for change. (1) To temporarily change the drawbridge-
operating requirements the bridge owner must submit a written request to 
the District Commander for approval of the change.
    (2) The request must describe the reason for the closure and the 
dates and times scheduled for the start and end of the change.
    (3) Requests should be submitted as early as possible, preferably 90 
days before the start of the action. District Commanders have discretion 
to accept requests submitted less than 90 days before a needed change if 
those requests can be processed before the date of the needed change.
    (d) Determination. The District Commander's determination to allow 
the schedule change is normally forwarded to the bridge owner within ten 
working days after receipt of the request. If the request is denied, the 
reasons for the denial will be set out in the District Commander's 
decision letter.
    (e) The drawbridge must return to its regular operating schedule 
immediately at the end of the designated time period.
    (f) If the authorized closure period for an event is broken into 
separate time periods on the same day or on consecutive days, the 
drawbridge must provide openings for navigation between the authorized 
closures.
    (g) The District Commander will also announce the change to the 
operating schedule in the Local Notice to Mariners and other appropriate 
local media.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.36  Closure of drawbridge for emergency repair.

    (a) When a drawbridge unexpectedly becomes inoperable, or should be 
immediately rendered inoperable because of mechanical failure or 
structural defect, the drawbridge owner must notify the District 
Commander of the closure without delay and give the reason for the 
emergency closure of the drawbridge and an estimated time when the 
drawbridge will be returned to operating condition.
    (b) The District Commander will notify mariners about the drawbridge 
status through Broadcast Notices to Mariners, Local Notice to Mariners 
and any other appropriate local media.
    (c) Repair work under this section must be performed with all due 
speed in order to return the drawbridge to operation as soon as 
possible.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.39  Authorized closure of drawbridge due to infrequent requests for openings.

    (a) When there have been no requests for drawbridge openings for at 
least two years, a bridge owner may request in writing that the District 
Commander authorize the drawbridge to remain closed to navigation and to 
be untended.
    (b) The District Commander may:
    (1) Authorize the closure of the drawbridge;
    (2) Set out any conditions in addition to the requirement in 
paragraph (d): and
    (3) Revoke an authorization and order the drawbridge returned to 
operation when necessary.
    (c) All drawbridges authorized to remain closed to navigation, under 
this section, must be maintained in operable condition.
    (d) Authorization under this section does not:
    (1) Authorize physical changes to the drawbridge structure, or
    (2) Authorize removal of the operating machinery.

[[Page 558]]

    (e) Drawbridges authorized under this section to remain closed to 
navigation and to be untended are identified in subpart B of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.40  Advance notice for drawbridge opening.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an advance notice 
for opening. The drawbridge tender, after receiving the advance notice, 
must open the drawbridge at the requested time and allow for a 
reasonable delay in arrival of the vessel giving the advance notice.
    (b) If the request is approved, a description of the advanced notice 
for the drawbridge will be added to subpart B of this part.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.41  Maintaining drawbridges in the fully open position.

    (a) Drawbridges permanently maintained in the fully open to 
navigation position may discontinue drawtender service as long as the 
drawbridge remains fully open to navigation. The drawbridge must remain 
in the fully open position until drawtender service is restored.
    (b) If a drawbridge is normally maintained in the fully open to 
navigation position, but closes to navigation for the passage of 
pedestrian, vehicular, rail, or other traffic, the drawbridge must be 
tended unless:
    (1) Special operating requirements are established in subpart B of 
this part for that drawbridge; or
    (2) The drawbridge is remotely operated or automated.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.42  Remotely operated and automated drawbridges.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an automated 
system or from a remote location.
    (b) If the request is approved, a description of the full operation 
of the remotely operated or automated drawbridge will be added to 
subpart B of this part.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.47  Clearance gauges.

    (a) Clearance gauges are required for drawbridges across navigable 
waters of the United States discharging into the Atlantic Ocean south of 
Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the 
Gulf of Mexico (including coastal waterways contiguous thereto and 
tributaries to such waterways and the Lower Atchafalaya River, LA), 
except the Mississippi River and its tributaries and outlets,
    (b) Except for provisions in this part which specify otherwise for 
particular drawbridges, clearance gauges shall be designed, installed, 
and maintained according to the provisions of Sec. 118.160 of this 
chapter.

    Note: Clearance gauge requirements, if any, for drawbridges other 
than those referred to in this section are listed in Subpart B under the 
appropriate bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 84-022, 51 FR 
16308, May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996]



Sec. 117.49  Process of violations.

    (a) Complaints of alleged violations under this part are submitted 
to the District Commander of the Coast Guard District in which the 
drawbridge is located.
    (b) Penalties for violations under this part are assessed and 
collected under Subpart 1.07 of Part 1 of this chapter.



                     Subpart B_Specific Requirements



Sec. 117.51  General.

    The drawbridges in this subpart are listed by the state in which 
they are located and by the waterway they cross. Waterways are arranged 
alphabetically by state. The drawbridges listed under a waterway are 
generally arranged in order from the mouth of the waterway moving 
upstream. The drawbridges on the Atlantic Intracoastal Waterway are 
listed from north to south and on the Gulf Intracoastal Waterway from 
east to west.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]

[[Page 559]]



Sec. 117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other than 
removable span bridges, must ensure that a sign summarizing the 
requirements in this subpart applicable to the drawbridge is posted both 
upstream and downstream of the drawbridge. The requirements to be posted 
need not include those in Subpart A or Sec. Sec. 117.51 through 117.59 
of this part.
    (b) The signs shall be of sufficient size and so located as to be 
easily read at any time from an approaching vessel.
    (c) If advance notice is required to open the draw, the signs shall 
also state the name, address, and telephone number of the person to be 
notified.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec. 117.59  Special requirements due to hazards.

    For the duration of occurrences hazardous to safety or navigation, 
such as floods, freshets, and damage to the bridge or fender system, the 
District Commander may require the owner of an operational drawbridge 
listed in this subpart to have the bridge attended full time and open on 
signal.

                                 Alabama



Sec. 117.101  Alabama River.

    (a) The Alabama & Gulf Coast Railway Drawbridge, mile 105.3, at Coy, 
shall open on signal if at least 24 hours notice is given.
    (b) The draw of the Canadian National/Illinois Central railroad 
bridge, mile 277 near Montgomery, shall open on signal if at least 24 
hours notice is given.
    (c) The draw of the CSX Transportation Railroad bridge, mile 293.3 
near Montgomery, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000; CGD08-03-018, 68 FR 34303, June 9, 2003; 
CGD08-04-001, 69 FR 5465, Feb. 5, 2004]



Sec. 117.103  Bayou La Batre.

    The draw of SR 188 Bridge, mile 2.3, at Bayou La Batre, will open on 
signal every hour on the hour daily between 4 a.m. and 8 p.m., Monday 
through Sunday. The bridge need not open for the passage of vessels on 
the hours of 7 a.m., 3 p.m., and 4 p.m., Monday through Friday. Monday 
through Friday the draw will open on signal for the passage of vessels 
at 3:30 p.m. The bridge will remain closed to marine traffic from 8 p.m. 
to 4 a.m. daily except for emergencies.

[CGD08-05-001, 70 FR 37675, June 30, 2005]



Sec. 117.105  Bayou Sara.

    The draw of the CSX Transportation Railroad bridge, mile 0.1 near 
Saraland, shall open on signal; except that, from 6 p.m. to 10 a.m. the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-12, 50 FR 41685, Oct. 15, 1985]



Sec. 117.107  Chattahoochee River.

    The draws of the CSX Transportation Railroad bridge, mile 117.1 near 
Omaha, GA, shall open on signal if at least six hours notice is given.



Sec. 117.109  Coosa River.

    The draw of the CSX Transportation Railroad bridge, mile 175.0 at 
Gadsden, shall open on signal if at least six hours notice is given.



Sec. 117.113  Tensaw River.

    The draw of the CSX Transportation Railroad bridge, mile 15.0 at 
Hurricane, shall open on signal; except that, from 5 p.m. to 9 a.m., the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-09, 50 FR 37356, Sept. 13, 1985]



Sec. 117.115  Three Mile Creek.

    (a) The draw of the US43 bridge, mile 1.0 at Mobile, need not be 
opened from 7 a.m. to 9 a.m. and from 4:30 p.m. to

[[Page 560]]

6:30 p.m. daily. At all other times, the draw shall open on signal if at 
least 12 hours notice is given.
    (b) The draw of the Norfolk Southern railroad bridge, mile 1.1 at 
Mobile, shall open on signal if at least five days notice is given.

                                Arkansas



Sec. 117.121  Arkansas River

    The draw of the Missouri Pacific Railroad bridge, mile 23.1 near 
Yancopin, shall open on signal if at least 96 hours notice is given.



Sec. 117.123  Arkansas Waterway.

    (a) Across the Arkansas Waterway, the draw of the Rob Roy 
Drawbridge, mile 67.4 at Pine Bluff, Arkansas, is maintained in the 
closed position and is remotely operated. Any vessel requiring an 
opening of the draw shall establish contact by radiotelephone with the 
remote drawbridge operator on VHF-FM Channel 12 in Omaha, Nebraska. The 
remote drawbridge operator will advise the vessel whether the bridge can 
be immediately opened and maintain constant contact with the vessel 
until the span has opened and the vessel passage has been completed. The 
bridge is equipped with a Photoelectric Boat Detection System to prevent 
the span from lowering if there is an obstruction under the span. If the 
drawbridge cannot be opened immediately, the remote drawbridge operator 
shall notify the calling vessel and provide an estimated time for 
opening.
    (b) Across the Arkansas Waterway, the draw of the Baring Cross 
Railroad Drawbridge, mile 119.6 at Little Rock, Arkansas, is maintained 
in the closed position and is remotely operated. Use the following 
procedures to request an opening of this bridge when necessary for 
transit:
    (1) Normal flow procedures. Any vessel which requires an opening of 
the draw of this bridge shall establish contact by radiotelephone with 
the remote drawbridge operator on VHF-FM Channel 13 in North Little 
Rock, Arkansas. The remote drawbridge operator will advise the vessel 
whether the requested span can be immediately opened and maintain 
constant contact with the vessel until the requested span has opened and 
the vessel passage has been completed. If the drawbridge cannot be 
opened immediately, the remote drawbridge operator will notify the 
calling vessel and provide an estimated time for a drawbridge opening.
    (2) High velocity flow procedures. The area from mile 118.2 to mile 
125.4 is a regulated navigation area (RNA) as described in Sec. 
165.817. During periods of high velocity flow, which is defined as a 
flow rate of 70,000 cubic feet per second or greater at the Murray Lock 
and Dam, mile 125.4, downbound vessels which require that the draw of 
this bridge be opened for unimpeded passage shall contact the remote 
drawbridge operator on VHF-FM Channel 13 either before departing Murray 
Lock and Dam, or before departing the mooring cells at Mile 121.5 to 
ensure that the Baring Cross Railroad Drawbridge is opened. The remote 
drawbridge operator shall immediately respond to the vessel's call, 
ensure that the drawbridge is open for passage, and ensure that it 
remains in the open position until the downbound vessel has passed 
through. If it cannot be opened immediately for unimpeded passage in 
accordance with Sec. 163.203, the remote drawbridge operator will 
immediately notify the downbound vessel and provide an estimated time 
for a drawbridge opening. Upbound vessels shall request openings in 
accordance with the normal flow procedures as set forth above. The 
remote drawbridge operator shall keep all approaching vessels informed 
of the position of the drawbridge span.
    (c) Across the Arkansas Waterway, the draw of the Van Buren Railroad 
Drawbridge, mile 300.8 at Van Buren, Arkansas, is maintained in the open 
position except as follows:
    (1) When a train approaches the bridge, amber lights attached to the 
bridge begin to flash and an audible signal on the bridge sounds. At the 
end of 10 minutes, the amber light continues to flash; however, the 
audible signal stops and the draw lowers and locks if the photoelectric 
boat detection system detects no obstruction under the span. If there is 
an obstruction, the draw opens to its full height until the obstruction 
is cleared.

[[Page 561]]

    (2) After the train clears the bridge, the draw opens to its full 
height, the amber flashing light stops, and the mid channel lights 
change from red to green, indicating the navigation channel is open for 
the passage of vessels.

[CGD08-06-005, 71 FR 70879, Dec. 7, 2007]



Sec. 117.125  Black River.

    The following draws need not be opened for the passage of vessels:
    (a) Union Pacific railroad bridge, mile 3.4 at Paroquet.
    (b) Burlington Northern railroad bridge, mile 68.4 at Black Rock.
    (c) Arkansas State Highway Department bridge, mile 90.1 at 
Pocahontas.
    (d) Burlington Northern railroad bridge, mile 90.4 at Pocahontas.
    (e) Union Pacific railroad bridge, mile 144.4 at Corning.
    (f) Arkansas State Highway Department bridge, mile 152.2 at Corning.



Sec. 117.127  Current River.

    The draws of the Arkansas highway bridge, mile 10.2, and the 
Burlington Northern railroad bridge, mile 12.2, both at Biggers, need 
not be opened for the passage of vessels.



Sec. 117.129  Little Red River.

    The draws of the Burlington Northern railroad bridge, mile 25.0, and 
Arkansas highway bridge, mile 25.2, both at Judsonia, and the Arkansas 
highway bridge, mile 30.5 at Searcy, need not be opened for the passage 
of vessels.



Sec. 117.131  Little River.

    The draws of the Burlington Northern railroad bridge, mile 7.1 near 
Fulton, need not be opened for the passage of vessels.



Sec. 117.133  Ouachita River.

    The draw of the St. Louis Southwestern Railroad Bridge, Mile 338.8 
near Camden, need not be open for the passage of vessels.

[CGD2 89-03, 55 FR 12820, Apr. 6, 1990, as amended by USCG-1998-3799, 63 
FR 35527, June 30, 1998]



Sec. 117.135  Red River.

    The draws of the bridges above mile 276.0 at the Arkansas Louisiana 
border, need not be opened for the passage of vessels.



Sec. 117.137  St. Francis River.

    The draws of the Chicago, Rock Island and Pacific railroad bridge, 
mile 59.7 at Madison, and all drawbridges above that point, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 86-33, 51 
FR 32318, Sept. 11, 1986]



Sec. 117.139  White River.

    (a) The draws of the St. Louis Southwestern railroad bridge, mile 
98.9 at Clarendon, the US70 highway bridge, mile 121.7 at DeValls Bluff, 
the Chicago, Rock Island and Pacific Railroad bridge, mile 122.0 at 
DeValls Bluff, the Missouri Pacific railroad bridge, mile 196.3 at 
Augusta, and the Missouri Pacific railroad bridge, mile 254.8 at 
Newport, shall open on signal if at least eight hours notice is given. 
The draws of any of these bridges need not be opened for a vessel that 
arrives later than two hours after the time specified in the notice, 
unless a second notice of at least eight hours is given.
    (b) The draws of the Arkansas highway bridge, mile 300.1 at 
Batesville, and the Missouri Pacific railroad bridge, mile 401.9 at 
Cotter, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD08-06-005, 72 
FR 70879, Dec. 7, 2007]

                               California



Sec. 117.140  General.

    In California, when fog prevails by day or night, the drawtender, 
after sounding the opening signal, shall toll a bell continuously during 
the approach and passage of a vessel.



Sec. 117.141  American River.

    The draw of the Jiboom Street bridge, mile 0.1 at Sacramento, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]

[[Page 562]]



Sec. 117.143  Bishop Cut.

    The draw of the San Joaquin County highway bridge, mile 1.0 between 
King Island and Bishop Tract, shall open on signal if at least 12 hours 
notice is given to the San Joaquin County Department of Public Works at 
Stockton.



Sec. 117.147  Cerritos Channel.

    (a) The draw of the Commodore Schuyler F. Heim highway bridge, mile 
4.9 at Long Beach, shall open on signal; except that, from 6:30 a.m. to 
8 a.m. and 3:30 p.m. to 6 p.m. Monday through Friday except Federal 
holidays, the draws need not be opened for the passage of vessels. The 
opening signal for the Commodore Schuyler Heim bridge is three prolonged 
blasts. The acknowledging signal is two prolonged blasts followed by one 
short blast when the draw will open immediately and five short blasts 
when the draw will not open immediately. Channel 13 (156.65 MHZ) or 
other assigned frequencies may be used.
    (b) The draw of the Henry Ford Avenue railroad bridge, mile 4.8 at 
Long Beach, shall be maintained in the fully open position, except when 
a train is crossing or for maintenance. If the draw is in the closed 
position, the opening signal is two short blasts followed by one 
prolonged blast. The acknowledging signal is two prolonged blasts 
followed by one short blast when the draw will open immediately and five 
short blasts when the draw will not open immediately. Channel 13 (156.65 
MHZ) or other assigned frequencies may be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD11-90-03, 61 FR 59026, Nov. 20, 1996; 62 FR 31724, June 
11, 1997; USCG-1999-5832, 64 FR 34712, June 29, 1999]



Sec. 117.149  China Basin, Mission Creek.

    The draws of the 3rd Street bridge, mile 0.0, and the 4th Street 
bridge, mile 0.2, both at San Francisco, shall open on signal if at 
least one hour notice is given.



Sec. 117.150  Connection Slough.

    The draw of the Reclamation District No. 2027 bridge between 
Mandeville and Bacon Islands, mile 2.5 near Stockton, shall open on 
signal from May 1 through October 31 from 6 a.m. to 10 p.m., and from 
November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, 
the draw shall open on signal if at least four hours notice is given to 
the drawtender during regular operating hours, or to the Rio Vista 
bridge across the Sacramento River, mile 12.8. The draw shall open on 
signal if at least one hour notice is given for emergency vessels owned, 
operated or controlled by the United States or the State of California, 
for commercial vessels engaged in rescue or emergency salvage 
operations, or for vessels in distress.

[CGD 12-84-02, 49 FR 25446, June 21, 1984; 49 FR 43458, Oct. 29, 1984]



Sec. 117.151  Cordelia Slough (a tributary of Suisun Bay).

    The draws of the Union Pacific railroad bridge, mile 1.5 at Suisun, 
shall open on signal if at least 24 hours notice is given.



Sec. 117.153  Corte Madera Creek.

    The draw of the Golden Gate Bridge, Highway and Transportation 
District bridge, mile 0.5 near Greenbrae, shall be maintained in the 
fully open position, except for the crossing of trains or for 
maintenance.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec. 117.155  Eureka Slough.

    The drawspan for the Northwestern Pacific Railroad Authority 
Drawbridge, mile 0.3 at Eureka, need not be opened for the passage of 
vessels. The owner or agency controlling the drawbridge must restore the 
drawspan to full operation within six months of notification from the 
District Commander.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.157  Georgiana Slough.

    The draws of the Sacramento County highway bridges, mile 4.5 near 
Isleton, and mile 12.4 near Walnut Grove, shall open on signal from 6 
a.m. to 10 p.m. from May 1 through October 31. The draws shall open on 
signal from November 1 through April 30 from 9 a.m.

[[Page 563]]

to 5 p.m. At all other times, the draws of these bridges shall open on 
signal if at least four hours notice is given to the drawtender at the 
Rio Vista bridge across the Sacramento River, mile 12.8.



Sec. 117.159  Grant Line Canal.

    The draw of the San Joaquin County highway bridge, mile 5.5 at 
Tracy, shall open on signal if at least 12 hours notice is given to the 
San Joaquin County Department of Public Works at Stockton.



Sec. 117.161  Honker Cut.

    The draw of the San Joaquin County (Eightmile Road) bridge, mile 0.3 
between Empire Tract and King Island at Stockton, shall open on signal 
if at least 12 hours notice is given to the San Joaquin County 
Department of Public Works at Stockton.



Sec. 117.163  Islais Creek (Channel).

    The draw of the 3rd Street bridge, mile 0.4 at San Francisco, shall 
open on signal if at least one hour notice is given.



Sec. 117.165  Lindsey Slough.

    The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 
between Egbert and Lower Hastings Tracts, must be removed for the 
passage of vessels if at least 72 hours notice is given to the Hastings 
Island Land Company office at Rio Vista.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.167  Little Potato Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 0.1, at Terminus, shall open on signal if at least 4 hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.

[CGD11-95-02, 61 FR 17248, Apr. 19, 1996]



Sec. 117.169  Mare Island Strait and the Napa River.

    (a) The draw of the Mare Island Drawbridge, mile 2.8, at Vallejo 
shall open on signal between the hours of 9 a.m. and 7 p.m. daily, and 
upon two hours advance notice all other times. When the drawbridge 
operator is present, mariners may contact the drawbridge via marine 
radio or telephone at (707) 648-4313 for drawspan operation. When the 
drawbridge operator is not present, mariners may contact the City of 
Vallejo via the same telephone number to schedule drawspan operation.
    (b) The draw of the Northwestern Pacific railroad bridge, mile 10.6 
at Brazos, shall be maintained in the fully open position, except for 
the crossing of trains or for maintenance. When the draw is closed and 
visibility at the drawtender's station is less than one mile, up or down 
the channel, the drawtender shall sound two prolonged blasts every 
minute. When the draw is opened, the drawtender shall sound three short 
blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985; USCG-1999-5832, 64 FR 34712, June 29, 1999; 
CGD11-03-006, 69 FR 21958, Apr. 23, 2004; CGD 11-05-025, 70 FR 20467, 
Apr. 20, 2005]



Sec. 117.171  Middle River.

    (a) The draw of the San Joaquin County (Bacon Island Road) highway 
bridge, mile 8.6 between Bacon Island and Lower Jones Tract, shall open 
on signal from May 15 through September 15 from 9 a.m. to 5 p.m. From 
September 16 through May 14, the draw shall open on signal from 9 a.m. 
to 5 p.m. from Thursday through Monday. At all other times, the draw 
shall open on signal if at least 12 hours notice is given to the San 
Joaquin County Department of Public Works at Stockton.
    (b) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 9.8 near Middle River Station, shall open on signal if at least 12 
hours notice is given to the Burlington Northern Santa Fe Railway 
Manager of Structures at San Bernadino.
    (c) The California Route 4 Bridge, mile 15.1, between Victoria 
Island and Drexler Tract need not open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD 12-85-01, 50 FR 26559, June 27, 1985; USCG-2000-7223, 65 
FR 40056, June 29, 2000]



Sec. 117.173  Miner Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 5.5 between the northerly

[[Page 564]]

end of Ryer Island and Holland Tract, shall open on signal if at least 
12 hours notice is given to the drawtender at the Rio Vista bridge 
across the Sacramento River, mile 12.8.



Sec. 117.175  Mokelumne River.

    (a) The draw of the California Department of Transportation highway 
bridge, the Mokelumne River Bridge, mile 3.0, at East Isleton shall open 
upon signal as follows:
    (1) From November 1 through April 30 from 9 a.m. to 5 p.m.
    (2) From May 1 through October 31 from 6 a.m. to 10 p.m., except 
that during the following periods the draw need only open for 
recreational vessels on the hour, 20 minutes past the hour, and 40 
minutes past the hour:

Saturdays 10 a.m. until 2 p.m.
Sundays 11 a.m. until 6 p.m.
Memorial Day; 4th of July; and Labor Day 11 a.m. until 6 p.m.

    (3) At all other times the draw shall open on signal if at least 4 
hours notice is given to the drawtender at Rio Vista bridge over the 
Sacramento River, mile 12.8.
    (4) Emergency vessels of the United States, state or commercial 
vessels engaged in rescue or emergency salvage operations, and vessels 
in distress shall be passed as soon as possible but no later than one 
hour after notice is given.
    (b) The draw of the Sacramento and San Joaquin Counties (Millers 
Ferry) highway bridge, mile 12.1 over the North Fork of the Mokelumne 
River near Walnut Grove, shall open on signal from May 1 through October 
31 from 9 a.m. to 5 p.m. At all other times, the draw shall open on 
signal if at least 12 hours notice is given to the San Joaquin County 
Department of Public Works at Stockton.
    (c) The removable span of the San Joaquin County highway bridge over 
the South Fork of the Mokelumne River, mile 18.0 at New Hope Landing, 
shall be removed as soon as possible upon notification by the District 
Commander that an emergency exists which requires the removal.
    (d) The draws of the bridges above New Hope Landing need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-92-10, 58 
FR 33339, June 17, 1993]



Sec. 117.177  Mud Slough.

    The draw of the Union Pacific railroad bridge, mile 0.7 near Alviso, 
shall open on signal if at least 24 hours notice is given.



Sec. 117.179  Newark Slough.

    The draw of the San Mateo County Transportation Department railroad 
bridge, mile 0.5 near Newark, shall open on signal if at least 24 hours 
notice is given to the San Mateo Transportation Department, at San 
Carlos.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec. 117.181  Oakland Inner Harbor Tidal Canal.

    The draws of the Alameda County highway drawbridges at Park Street, 
mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile 6.0; and the 
U.S. Army Corps of Engineers railroad drawbridge, mile 5.6 at Fruitvale 
Avenue, shall open on signal; except that, from 8 a.m. to 9 a.m. and 
4:30 p.m. to 6:30 p.m. Monday through Friday except Federal holidays, 
the draws need not be opened for the passage of vessels. However, the 
draws shall open during the above closed periods for vessels which must, 
for reasons of safety, move on a tide or slack water, if at least two 
hours notice is given.

[CGD 11-11-99-013, 66 FR 18725, Apr. 11, 2001, as amended by USCG-2001-
10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.183  Old River.

    The draw of the California Department of Transportation (Route 4) 
highway bridge, mile 14.8 between Victoria Island and Byron Tract, shall 
open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and 
from November 1 through April 30 from 9 a.m. to 5 p.m. At all other 
times, the draw shall open on signal if at least four hours notice is 
given to the drawtender at the

[[Page 565]]

Rio Vista bridge across the Sacramento River, mile 12.8.



Sec. 117.185  Pacheco Creek.

    The draw of the Contra Costa County highway bridge, mile 1.0, and 
Union Pacific Railroad bridge, mile 1.1, both near Martinez, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985]



Sec. 117.187  Petaluma River.

    (a) The draws of the Northwestern Pacific railroad bridges, mile 0.8 
at Blackpoint and mile 12.4 at Haystack Landing, shall be maintained in 
the fully open position, except for the crossing of trains or for 
maintenance. When the draw is closed and visibility from the 
drawtender's station is less than one mile up or down the channel, the 
drawtender shall sound two long blasts every minute. When the draw is 
reopened, the drawtender shall sound three short blasts.
    (b) The draw of the Petaluma highway bridge at ``D'' Street, mile 
13.7 at Petaluma, shall open on signal if at least four hours notice is 
given for openings from 6 a.m. to 6 p.m., and if at least 24 hours 
notice is given for openings from 6 p.m. to 6 a.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-88-10, 53 
FR 51099, Dec. 20, 1988; USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.189  Sacramento River.

    (a) The draws of each bridge from Isleton to American River junction 
shall open on signal from May 1 through October 31 from 6 a.m. to 10 
p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all 
other times, the draws shall open on signal if at least four hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.
    (b) The draws of the California Department of Transportation 
bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian, shall 
open on signal if at least 12 hours notice is given to the California 
Department of Transportation at Marysville.
    (c) The draws of the bridges above Meridian need not be opened for 
the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-86-01, 51 
FR 20483, June 5, 1986]



Sec. 117.191  San Joaquin River.

    (a) The draw of the Port of Stockton railroad bridge, mile 39.7 at 
Stockton, shall open on signal if at least 12 hours notice is given to 
the Port Director.
    (b) The draws of the U.S. Navy Draw-bridge, mile 39.8, Burlington 
Northern Santa Fe railroad bridge, mile 40.6, and California Highway 4 
bridge (Garwood Bridge), mile 41.6, need not be opened for the passage 
of vessels. The owners or agencies controlling the bridges shall restore 
the draws to full operation within six months of notification to take 
such action from the District Commander.
    (c) Drawbridges above the Old River junction need not open for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-06, 50 
FR 31177, Aug. 1, 1985; CGD 88-052, 53 FR 25120, July 1, 1988; USCG-
1999-5832, 64 FR 34712, June 29, 1999]



Sec. 117.193  San Leandro Bay.

    The drawspans of the California Department of Transportation Highway 
and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda and Bay 
Farm Island, must open on signal; except that, from 5 a.m. to 8 a.m. and 
5 p.m. to 9 p.m., the drawspans must open on signal if at least 12 hours 
notice is given. Notice must be given to the drawtender of the Bay Farm 
Island drawbridges from 8 a.m. to 5 p.m. and to the drawtender of the 
Park Street Drawbridge at Alameda at all other times. The drawspans need 
not be opened for the passage of vessels from 9 p.m. to 5 a.m.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.195  Snodgrass Slough.

    The draw of the Sacramento County bridge, mile 4.4 at Walnut Grove, 
shall open on signal if at least 72 hours notice is given to Sacramento 
County

[[Page 566]]

Transportation Operations and Maintenance office at Sacramento.

[CGD11-93-02, 59 FR 13248, Mar. 21, 1994, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec. 117.197  Sonoma Creek.

    The draw of the Northwestern Pacific railroad bridge, mile 5.4 at 
Wingo, shall open on signal if at least 24 hours notice is given.



Sec. 117.199  Steamboat Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 11.2 at the head of Grand Island, shall open on signal from 
May 1 through October 31 from 6 a.m. to 10 p.m. At all other times, the 
draw shall open on signal if at least four hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.



Sec. 117.201  Sutter Slough.

    The draw of the Sacramento County highway bridge, mile 6.4 near 
Courtland, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.

                               Connecticut



Sec. 117.202  Cold Spring Brook.

    The draw of the footbridge, mile 0.1 at Saybrook, shall open within 
15 minutes of a mariner's request by telephone. To enable mariners to 
request bridge openings, the owner shall maintain and monitor a 
telephone at the bridge and provide a means for mariners to secure their 
boats upstream and downstream of the bridge in order to use this 
telephone.

[CGD3 86-33, 52 FR 5536, Feb. 25, 1987]



Sec. 117.205  Connecticut River.

    (a) The owners of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4 
the Route 82 Bridge, mile 16.8, and the CONRAIL Middletown-Portland 
Bridge, mile 32.0, shall provide, and keep in good legible condition, 
clearance gauges with figures not less than twelve (12) inches which 
designed, installed and maintained according to the provisions of Sec. 
118.160 of this chapter.
    (b) The draws of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4, 
and the CONRAIL Middletown-Portland Bridge, mile 32.0, shall be opened 
as soon as practicable for all non-commercial vessels that cannot pass 
under the closed draws, but in no case shall the delay be more than 20 
minutes from the time the opening was requested.
    (c) The draw of the Route 82 Bridge, mile 16.8, at East Haddam, 
shall open on signal except that, from 15 May to 31 October, between 9 
a.m. and 9 p.m., the draw need open for recreational vessels on the hour 
and half-hour only. The draw shall open on signal for commercial vessels 
at all times.

[CGD01-95-009, 63 FR 10140, Mar. 2, 1998]



Sec. 117.207  Housatonic River.

    (a) The draw of the US 1 Bridge, mile 3.5, at Stratford, shall open 
on signal; except that, from 7 a.m. to 9 a.m., Monday through Friday, 
and 4 p.m. to 5:45 p.m. daily, the draw need not open for the passage of 
vessels. From December 1 through March 31, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six-hours notice is given by 
calling the number posted at the bridge.
    (b) The draw of the Metro-North (Devon) bridge, mile 3.9 at 
Stratford, shall operate as follows:
    (1) The draw shall open on signal; except as follows:
    (i) From 7 a.m. to 9 a.m. and from 4 p.m. to 5:45 p.m. Monday 
through Friday except Federal holidays or an emergency, the draw need 
not be opened for the passage of vessels.
    (ii) From 5:30 a.m. to 7 a.m. and from 5:45 p.m. to 8:15 p.m. except 
Saturdays, Sundays, and Federal holidays, the draw need not be opened 
more than once in any 60 minute period.
    (iii) From 9 p.m. to 5 a.m., the draw shall open on signal if notice 
is given to the chief dispatcher of the railroad before 4 p.m. on the 
day of the intended passage.
    (2) A delay in opening the draw shall not exceed 20 minutes for the 
passage

[[Page 567]]

of approaching trains from the time of the request.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985; CGD01-99-085, 64 FR 60673, Nov. 8, 1999]



Sec. 117.209  Mianus River.

    The draw of the Metro-North bridge, mile 1.0 at Greenwich, shall 
operate as follows:
    (a) From 5 a.m. to 9 p.m.--
    (1) The draw shall open on signal immediately for the passage of 
commercial vessels and as soon as practicable but no later than 20 
minutes after the signal to open for the passage of all other vessels.
    (2) When a train scheduled to cross the bridge without stopping has 
passed the Greenwich or Riverside stations and is in motion toward the 
bridge, the draw shall open as soon as the train has crossed the bridge.
    (b) The draw shall open on signal from April 1 through October 31, 
from 9 p.m. to 5 a.m., after at least a four-hour advance notice is 
given and from November 1 through March 30, from 9 p.m. to 5 a.m., after 
at least a twenty-four-hour advance notice is given by calling the 
number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by GCD01-00-228, 69 
FR 32447, June 10, 2004; CGD01-00-228, 70 FR 75939, Dec. 22, 2005]



Sec. 117.211  Mystic River.

    (a) The draw of the Amtrak railroad bridge, mile 2.4 at Mystic, 
shall operate as follows:
    (1) From April 1 to October 31, the draw shall open on signal.
    (2) From November 1 to March 31, the draw shall open on signal from 
5 a.m. to 9 p.m. From 9 p.m. to 5 a.m., the draw shall open on signal if 
at least eight hours notice is given.
    (3) Commercial vessels shall be passed immediately at any time; 
however, the opening may be delayed up to eight minutes to allow trains, 
which have entered the drawbridge block and are scheduled to cross the 
bridge without stopping, to clear the block.
    (4) All other vessels shall be passed as soon as practicable but no 
later than 20 minutes after the signal to open is given.
    (b) The draw of the U.S. 1 Bridge, mile 2.8, at Mystic, shall open 
on signal except:
    (1) From May 1 through October 31, from 7:40 a.m. to 6:40 p.m., the 
draw need only open hourly at twenty minutes before the hour.
    (2) From November 1 through April 30, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six-hours notice is given by 
calling the number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 84-31, 50 FR 
26710, June 28, 1985; CGD01-99-079, 64 FR 60675, Nov. 8, 1999; CGD01-03-
115, 69 FR 31008, June 2, 2004]



Sec. 117.213  New Haven Harbor, Quinnipiac and Mill Rivers.

    The draws of the Tomlinson bridge, mile 0.0, the Ferry Street 
bridge, mile 0.7, and the Grand Avenue bridge, mile 1.3, across 
Quinnipiac River, and the Chapel Street bridge, mile 0.4 across Mill 
River, shall operate as follows:
    (a) The draws shall open on signal; except as follows:
    (1) From 7:30 a.m. to 8:30 a.m., noon to 12:15 p.m., 12:45 p.m. to 1 
p.m., and 4:45 p.m. to 5:45 p.m., the draws need not be opened.
    (2) From 9 p.m. to 5 a.m. from October 1 through April 30, the draw 
of the Ferry Street bridge, Quinnipiac River, shall open on signal, 
unless the drawtender is at the Grand Avenue or Chapel Street bridges. 
In this event, a delay of up to one hour may be expected.
    (3) From 11 p.m. to 7 a.m., the draw of the Grand Avenue bridge, 
Quinnipiac River, shall open on signal if at least one hour notice is 
given to the drawtender at the Ferry Street bridge. In the event that 
the drawtender is at the Chapel Street bridge, a delay of up to an 
additional hour may be expected.
    (4) From 9 p.m. to 5 a.m., the draw of the Chapel Street bridge, 
Mill River, shall open on signal if at least one hour notice is given to 
the drawtender at Ferry Street bridge. In the event that the drawtender 
is at the Grand Avenue bridge, a delay of up to an additional hour may 
be expected.
    (b) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels and

[[Page 568]]

vessels in distress, shall notify the operator of the Tomlinson and the 
Ferry Street bridges and shall be passed through each of the bridges 
listed in this section as soon as possible at anytime.
    (c) The sound signals for requesting the opening of each bridge are 
as follows:
    (1) The Tomlinson bridge, two short blasts of a whistle or horn.
    (2) The Ferry Street bridge, one short blast of a whistle or horn.
    (3) The Grand Avenue bridge, one prolonged blast of a whistle or 
horn.
    (4) The Chapel Street bridge, three short blasts of a whistle or 
horn.
    (d) The drawtender shall acknowledge sound signals in the following 
manner:
    (1) When the draw can be opened immediately, the same signal as the 
requesting signal.
    (2) When the draw cannot be opened immediately, or is open and must 
close, the drawtender shall sound four short blasts of a whistle or 
horn, to be repeated until acknowledged by the vessel by the same 
signal.
    (3) When the draw can be reopened, the drawtender shall sound the 
opening signal and open the draw if any vessels are waiting to pass.
    (e) The following visual signal may be used in addition to sound 
signals for requesting the opening of each bridge when sound signals may 
not be heard. A white flag by day or a white light by night shall be 
swung in full circle at arm's length in full sight of the bridge and 
facing the draw.
    (f) The drawtender shall acknowledge visual signals in the following 
manner:
    (1) When the draw can be opened immediately, a white flag by day or 
a green light by night swung up and down vertically a number of times in 
full sight of the vessel.
    (2) When the draw cannot be opened immediately, or is open and must 
close, a red flag by day or a red light by night, swung back and forth 
horizontally in full sight of the vessel, to be repeated until 
acknowledged by the vessel by the same signal.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985]



Sec. 117.215  Niantic River.

    (a) The draw of the Amtrak bridge, mile 0.0 at Niantic, shall open 
on signal; except that, from April 1 through October 31 from 8 p.m. to 4 
a.m. and from November 1 through March 31 from 6 p.m. to 6 a.m., the 
draw shall open on signal if at least one hour notice is given. When a 
train scheduled to cross the bridge without stopping has entered the 
drawbridge block, a delay in opening the draw may occur until the train 
has cleared the block.
    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open on 
signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m., Monday 
through Friday, except holidays, the draw shall open only for the 
passage of commercial vessels. From December 1 through March 31, from 8 
p.m. to 4 a.m., the draw shall open on signal if at least six hours 
notice is given by calling the number posted at the bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984; 
CGD01-99-087, 64 FR 61519, Nov. 12, 1999]



Sec. 117.217  Norwalk River.

    (a) The draw of the Washington Street S136 bridge, mile 0.0 at 
Norwalk, shall open on signal; except that, from 7 a.m. to 8:45 a.m., 
11:45 a.m. to 1:15 p.m., and 4 p.m. to 6 p.m. Monday through Friday 
except holidays, the draw need not be opened for the passage of vessels 
that draw less than 14 feet of water. The opening signal is three short 
blasts. Vessels drawing 14 feet of water or more shall add one prolonged 
blast after the three short blasts.
    (b) The draw of the Metro-North ``WALK'' bridge, mile 0.1 at 
Norwalk, shall open on signal as follows:
    (1) From 5 a.m. to 9 p.m., except that, from Monday through Friday 
excluding holidays, the draw need not be opened from 7 a.m. to 8:45 a.m. 
and 4 p.m. to 6 p.m., unless an emergency exists.
    (2) Only once in any 60-minute period from 5:45 a.m. to 7 a.m. and 6 
p.m. to 7:45 p.m.
    (3) From 9 p.m. to 5 a.m., if at least four hours notice is given.
    (4) A delay of up to 20 minutes may be expected if a train is 
approaching so

[[Page 569]]

closely that it may not be safely stopped.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985]



Sec. 117.219  Pequonnock River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
    (b) The Stratford Avenue Bridge, mile 0.1, at Bridgeport, shall open 
on signal; except that, from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 8:15 
a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 6:10 p.m., the draw need 
not open for the passage of vessels. From December 1 through March 31, 
from 8 p.m. to 4 a.m., the draw shall open on signal if at least six-
hours notice is given by calling the number posted at the bridge.
    (c) The draw of the Metro-North ``PECK'' bridge, mile 0.3 at 
Bridgeport, shall open on the signal of three blasts as follows:
    (1) From 5:45 a.m. to 9 p.m. except:
    (i) From Monday through Friday, excluding holidays or emergencies, 
the draw need not be opened from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 
8:15 a.m., and 4:30 p.m. to 6:10 p.m.
    (ii) From Monday through Friday, excluding holidays or emergencies, 
the draws need not be opened more than once during the periods 5:45 a.m. 
to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 a.m. to 9 a.m., and 6:10 p.m. 
to 8:15 p.m.
    (2) From 9 p.m. to 5:45 a.m., the draws shall open on signal if at 
least eight hours notice is given.
    (3) The draw need not open on signal if a train is approaching so 
closely that it may not be safely stopped; however, the delay in opening 
the draw shall not exceed 7 minutes from time of the request.
    (d) The draw of the Congress Street Bridge, mile 0.4 at Bridgeport, 
shall open on signal as follows:
    (1) From 8 a.m. to 9 p.m.; except that the draw need not open for 
the passage of other than commercial vessels from 11:45 a.m. to 1:15 
p.m. and for all vessels from 4:30 p.m. to 6:10 p.m.
    (2) From 9 p.m. to 8 a.m., if at least eight hours notice is given; 
except that the draw need not open for the passage of vessels from 6:45 
a.m. to 7:15 a.m.; and from 7:45 a.m. to 8 a.m.
    (3) The opening signal is two prolonged blasts followed by two short 
blasts.
    (e) The draw of the East Washington Street bridge mile 0.6, shall 
open on the signal of one prolonged blast followed by two short blasts 
if at least 24 hours notice is given.
    (f) The draw of the Grand Street bridge mile 0.9 at Bridgeport need 
not be opened for the passage of vessels. However, the draw shall be 
returned to operable condition within 12 months after notification by 
the District Commander to do so.

[CGD3 85-42, 50 FR 26711, June 28, 1985; 50 FR 43387, Oct. 25, 1985, as 
amended by CGD01-99-086; 64 FR 61522, Nov. 12, 1999; USCG-2001-10881, 71 
FR 70309, Dec. 4, 2006]



Sec. 117.221  Saugatuck River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
    (b) The draw of the Metro-North ``SAGA'' Bridge, mile 1.1 at 
Saugatuck shall operate as follows:
    (1) Year-round need not open:
    (i) Weekdays from 7 a.m. to 8:10 a.m. and 5:30 p.m. to 7 p.m. except 
on Federal holidays;
    (ii) From 9 p.m. to 5 a.m.
    (2) From October 1-May 31, open on signal:
    (i) Weekdays from 8:10 a.m.-4 p.m.;
    (ii) Weekends and Federal holidays 7 a.m.-4 p.m.;
    (iii) If at least eight hours notice is given: daily, from 5 a.m.-7 
a.m., 4 p.m.-5:30 p.m. and 7 p.m.-9 p.m., and weekends and Federal 
holidays from 5:30 p.m.-7 p.m.
    (3) From June 1-September 30, open on signal 5 a.m.-9 p.m., except 
as provided in paragraph (b)(1)(i) of this section.
    (4) A delay in opening the draw not to exceed 10 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge block.
    (c) The draw of the Route 136 Bridge, mile 1.3 at Saugatuck shall 
operate as follows:
    (1) Year-round, need not open weekdays, except Federal holidays, 
from 7 a.m. to 8:30 a.m. and 5:30 p.m. to 7:30 p.m.

[[Page 570]]

    (2) From April 15-October 31, open on signal if at least two hours 
notice is given, except as provided in paragraph (c)(1) of this section.
    (3) From November 1-April 14, open on signal:
    (i) From 8:30 a.m. to 3 p.m. if at least eight hours notice is 
given;
    (ii) From 3 p.m. to 8:30 a.m., if at least 24 hours notice is given, 
except as provided in paragraph (c)(1) of this section.

[CGD 82-087, 50 FR 13319, Apr. 4, 1985, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec. 117.223  Shaw Cove.

    The draw of the Amtrak bridge, mile 0.0 at New London, shall open on 
signal from December 1 through March 31 from 8 a.m. to 5 p.m. Monday 
through Friday. From December 1 through March 31 from 5 p.m. to 8 a.m. 
and on Saturdays and Sundays, the draw shall open on signal if at least 
eight hours notice is given. From April 1 through November 30 from 5 
a.m. to 10 p.m., the draw shall open on signal; and, from 10 p.m. to 5 
a.m., the draw shall open on signal if at least one hour notice is 
given. A delay of up to 10 minutes may be expected if a train is 
approaching so closely that it may not be safety stopped. When a vessel 
is in an emergency that may endanger life or property, the draw shall 
open as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43459, Oct. 29, 1984]



Sec. 117.224  Thames River.

    The draw of the Amtrak bridge, mile 3.0 in New London, shall open--
    (a) Immediately on signal for public vessels of the United States 
and commercial vessels; except, when a train scheduled to cross the 
drawbridge, without stopping, has passed the Midway, Groton, or New 
London stations and is in motion toward the drawbridge, the drawspan 
must not be opened for the passage of any vessel until the train has 
crossed the drawbridge; and
    (b) As soon as practicable for all other vessels but no later than 
20 minutes after the signal to open is given.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec. 117.225  Yellow Mill Channel.

    The drawspan of the Stratford Avenue Bridge, mile 0.3 at Bridgeport, 
must open on signal if at least 24-hours notice is given. Public vessels 
of the United States must pass through as soon as possible.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]

                                Delaware



Sec. 117.231  Brandywine Creek.

    The draw of the Conrail bridge, mile 1.1, the Church Street bridge, 
mile 1.3, and the Sixteenth Street bridge, mile 1.7, all at Wilmington, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26712, June 28, 1985]



Sec. 117.233  Broad Creek.

    (a) The draw of the Conrail Bridge, mile 8.0 at Laurel, shall open 
on signal if at least four hours notice is given.
    (b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S. 
13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least 48 
hours notice is given.

[CGD05-06-044, 71 FR 53325, Sept. 11, 2006]



Sec. 117.234  Cedar Creek.

    The SR 36 Bridge, mile 0.5 in Cedar Beach, shall open on signal. 
From April 1 through November 30 from 2 a.m. to 4 a.m.; and from 
December 1 through March 31 from 6:30 p.m. to 6 a.m., the draw shall 
open on signal if at least four hours notice is given.

[CGD05-06-044, 71 FR 53325, Sept. 11, 2006]



Sec. 117.235  Chesapeake and Delaware Canal.

    The draw of the Conrail bridge, mile 7.7, shall open on signal. The 
following light signals, located in the center of the drawspan on both 
sides of the bridge, shall be used:

[[Page 571]]

    (a) When the draw is to be opened immediately, one fixed amber 
light.
    (b) When the draw is not ready to be opened, one flashing red light.



Sec. 117.237  Christina River.

    (a) The owners of the bridges on this waterway:
    (1) Shall provide and keep in good legible condition two board gages 
painted white with black figures not less than six inches high to 
indicate the vertical clearance under the closed draw at all stages of 
the tide. The gages shall be so placed on the bridges that they are 
plainly visible to the operator of each vessel approaching the bridge 
either up or downstream.
    (2) Shall open on signal except that the draw of a railroad bridge 
need not be opened when a train is in the bridge block, approaching the 
bridge, or within 5 minutes of the passage of a passenger train; but in 
no event shall the opening of the draw be delayed more than 10 minutes.
    (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.4 at 
Wilmington, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. The 
draw shall only be closed for train crossings or periodic maintenance 
authorized in accordance with subpart A of this part.
    (2) The bridge shall be operated by the controller at the 
Harrisburg, PA Dispatcher's Office. The controller shall monitor vessel 
traffic with closed circuit cameras and infrared sensors covering the 
swing radius. Operational information will be provided 24 hours a day on 
marine channel 13 and via telephone (717) 541-2140.
    (3) The bridge shall not be operated from the remote location in the 
following events: Failure or obstruction of the infrared sensors, 
closed-circuit cameras or marine-radio communications, or anytime 
controller's visibility is inhibited. In these situations, a bridge 
tender with Norfolk Southern must be called and on-site within 30 
minutes.
    (4) Before the bridge closes for any reason, the remote operator 
will monitor waterway traffic in the area. The bridge shall only be 
closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area. 
While the bridge is moving, the operator shall maintain constant 
surveillance of the navigation channel.
    (5) Before closing the draw, the channel traffic lights would change 
from flashing green to flashing red, the horn will sound five short 
blasts, and an audio voice warning stating, ``Attention, Attention. 
Norfolk Southern Railroad Bridge over Christina River at milepost 1.4 
will be closing to river traffic.'' Five short blasts of the horn will 
continue until the bridge is seated and locked down to vessels. The 
channel traffic lights will continue to flash red.
    (6) When the rail traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic. During the opening swing movement, the 
channel traffic lights would flash red until the bridge returns to the 
fully open position. In the full open position to vessels, the bridge 
channel lights will flash green followed by an announcement stating, 
``Sec. rity, security, security. Norfolk Southern Railroad Bridge over 
Christina River at mile 1.4 is open for river traffic.'' Vessels shall 
stay clear of both channels as to not interfere with infrared detectors, 
until green lights are displayed on the swing span.
    (c) The draw of the Third Street Bridge, mile 2.3 and Walnut Street 
bridge, mile 2.8, both at Wilmington shall open on signal. The draw of 
the Market Street Bridge, mile 3.0 at Wilmington shall open on signal if 
at least eight hours notice in given. From 7 a.m. to 8 a.m. and 4:30 
p.m. to 5:30 p.m., Monday through Saturday except holidays, the draws of 
these three bridges need not be opened for the passage of vessels. Any 
vessel which has passed through one or more of these bridges immediately 
prior to a closed period and which requires passage through the other 
bridge or bridges in order to continue to its destination shall be 
passed through the draw or draws of the bridge or bridges without delay. 
The draws of these bridges shall open at all times as soon as possible 
for passage of a public vessel of the United States.
    (d) The draws of the Norfolk Southern Railroad bridges, at miles 4.1 
and

[[Page 572]]

4.2, both at Wilmington, shall open on signal from 6 a.m. to 8 p.m. if 
at least 24 hours notice is given. From 8 p.m. to 6 a.m., the draws need 
not be opened for the passage of vessels.
    (e) The draw of the SH141 bridge, mile 7.5 at Wilmington, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-06, 49 FR 
33448, Aug. 23, 1984, CGD3 85-42, 50 FR 26712, June 28, 1985; CGD 87-
035, 52 FR 33812, Sept. 8, 1987; CGD05-04-168, 70 FR 4016, Jan. 28, 
2005]



Sec. 117.239  Lewes and Rehoboth Canal.

    (a) The draw of the Savannah Road/SR 18 Bridge, at mile 1.7, in 
Lewes shall open on signal if at least four hours notice is given.
    (b) The draw of the SR 14A Bridge, at mile 6.7, in Rehoboth shall 
open on signal if at least 24 hours notice is given.

[CGD05-06-089, 72 FR 5619, Feb. 7, 2007]



Sec. 117.241  Mispillion River.

    The draw of the S14 Bridge, at mile 11.0, at Milford shall open on 
signal if at least 24 hours notice is given.

[CGD05-06-089, 72 FR 5619, Feb. 7, 2007]



Sec. 117.243  Nanticoke River.

    (a) The draw of the Norfolk Southern Railway Bridge, mile 39.4 in 
Seaford, will operate as follows:
    (1) From March 15 through November 15, the draw will open on signal 
for all vessels except that from 11 p.m. to 5 a.m. at least 2\1/2\ hours 
notice will be required.
    (2) At all times, from November 16 through March 14, the draw will 
open on signal if at least 2\1/2\ hours notice is given.
    (3) When notice is required, the owner operator of the vessel must 
provide the train dispatcher with an estimated time of passage by 
calling (717) 215-0379 or (609) 412-4338.
    (b) The draw of the SR 13 Bridge, mile 39.6 in Seaford, shall open 
on signal, except from 6 p.m. to 8 a.m., from April 1 through October 
31; from November 1 through March 31, Monday to Friday, and on Saturday 
and Sunday from 3:30 p.m. to 7:30 a.m., if at least four hours notice is 
given.

[CGD05-06-044, 71 FR 53325, Sept. 11, 2006]



Sec. 117.245  Smyrna River.

    The draw of the Delaware highway bridge, mile 4.0 at Flemings 
Landing, shall open on signal if at least 24 hours notice is given.

                          District of Columbia



Sec. 117.253  Anacostia River.

    (a) The draw of the Frederick Douglass Memorial (South Capitol 
Street) bridge, mile 1.2, shall open on signal if at least 24 hours 
notice is given. The draw is closed to the passage of vessels on each 
Presidential Inauguration Day and may occasionally be closed without 
advance notice to permit uninterrupted transit of dignitaries across the 
bridge.
    (b) The CSX Railroad Bridge, mile 3.4.
    (1) The draw of the bridge to be operated by the controller at the 
Benning Yard office shall open on signal:
    (i) At all times for public vessels of the United States, state and 
local government vessels, commercial vessels and any vessels in an 
emergency involving danger to life or property.
    (ii) Between 9 a.m. and 12 p.m. and between 1 p.m. and 6 p.m. from 
May 15 through September 30.
    (iii) Between 6 p.m. and 7 p.m. from May 15 through September 30 if 
notice is given to the controller at the Benning Yard office not later 
than 6 p.m. on the day for which the opening is requested.
    (iv) At all other times, if at least eight hours notice is given to 
the controller at the Benning Yard office.
    (2) The CSX Railroad Bridge shall not be operated by the controller 
at the Benning Yard office in the event of failure or obstruction of the 
motion sensors, laser scanners, video cameras or marine-radio 
communications, In these situations, a bridge tender must be called to 
operate the bridge on-site.
    (3) Except as provided in Sec. 117.31(b), opening of the draw shall 
not exceed ten minutes after clearance of rail traffic.
    (4) A horn will sound one prolonged blast followed by one short 
blast to indicate that the CSX Railroad Bridge is moving to the full 
open position for vessel traffic. During open span movement, the channel 
traffic lights will

[[Page 573]]

flash red until the bridge is in the full open position to vessels. In 
the full open position to vessels, the bridge channel traffic lights 
will flash green.
    (5) A horn will sound five short blasts, the channel traffic lights 
will flash red, and an audio voice-warning device will announce bridge 
movement during closing span movement. Five short blasts of the horn 
will continue until the bridge is seated in and locked down. When the 
bridge is seated and in locked down position to vessels, the channel 
traffic lights will continue to flash red.
    (6) The owners of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gauges shall be placed on the bridge 
so that they are plainly visible to the operator of any vessel 
approaching the bridge from either upstream or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD5-88-004, 53 FR 9627, Mar. 23, 1988; CGD05-95-081, 61 FR 
57586, Nov. 7, 1996; CGD05-04-028, 69 FR 47773, Aug. 6, 2004]



Sec. 117.255  Potomac River.

    (a) The draw of the Woodrow Wilson Memorial (I-95) bridge, mile 
103.8, between Alexandria, Virginia, and Oxon Hill, Maryland--
    (1) Shall open on signal at any time only for a vessel in distress, 
notwithstanding the provisions of Sec. 117.31.
    (2) Shall open for the passage of a commercial vessel at any time 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 10 
a.m. and 2 p.m. to 8 p.m.
    (ii) Saturday, Sunday, and Federal holidays, 2 p.m. to 7 p.m.
    (3) Need not open for the passage of a commercial vessel under 
paragraph (a)(2) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (703) 836-2396; and
    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (4) Shall open for the passage of a recreational vessel at any time 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 12 
midnight;
    (ii) Saturday, Sunday, and Federal holidays, 7 a.m. to 12 midnight, 
except as provided in paragraph (a)(4)(iii) of this section;
    (iii) Notwithstanding paragraph (a)(4)(ii) of this section, the 
bridge may open beginning at 10 p.m. on Saturday, Sunday, or a Federal 
holiday for the passage of a recreational vessel if the owner or 
operator of the vessel notifies the Bridge Tender of the time of that 
passage by not later than 12 hours before that time.
    (5) Need not open for the passage of a recreational vessel under 
paragraph (a)(4) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (703) 836-2396; and
    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (6) A recreational vessel may pass through the drawspan at any time 
it is open for the passage of a commercial vessel.
    (b) The draws of all other bridges need not be opened for the 
passage of vessels.
    (c) [Reserved]
    (d) This section is also issued under the authority of Pub. L. 102-
587, 106 Stat. 5039.

[CGD 90-064, 57 FR 54178, Nov. 17, 1992; as amended by CGD05-06-083, 71 
FR 51480, Aug. 30, 2006; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]

                                 Florida



Sec. 117.258  Apalachicola River.

    The draw of the CSX Railroad bridge, mile 105.9, at River Junction 
shall open on signal Monday through Friday from 8 a.m. until 4 p.m. At 
all other times the bridge will open on signal if at least 4 hours 
notice is given.

[CGD08-03-007, 68 FR 43306, July 22, 2003]

[[Page 574]]



Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to Key Largo.

    (a) General. Public vessels of the United States and tugs with tows 
must be passed through the drawspan of each drawbridge listed in this 
section at anytime.
    (b) McCormick Bridge, mile 747.5 at Jacksonville Beach. The draw 
shall open on signal; except that during April, May, October and 
November from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through 
Friday except Federal holidays, the draw need open only on the hour and 
half hour. During April, May, October and November from 12 noon to 6 
p.m. Saturdays, Sundays and Federal holidays, the draw need open only on 
the hour and half hour.
    (c) [Reserved]
    (d) Bridge of Lions (SR A1A) bridge, mile 777.9 at St. Augustine. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. the 
draw need open only on the hour and half-hour; however, the draw need 
not open at 8 a.m., 12 noon, and 5 p.m. Monday through Friday except 
Federal holidays. From 7 a.m. to 6 p.m. on Saturdays, Sundays and 
Federal holidays the draw need only open on the hour and half-hour.
    (e)-(f) [Reserved]
    (g) Memorial bridge, mile 830.6 at Daytona Beach. The draw shall 
open on signal; except that, from 7:45 a.m. to 8:45 a.m. and 4:45 p.m. 
to 5:45 p.m. Monday through Saturday except Federal holidays, the draw 
need open only at 8:15 a.m. and 5:15 p.m.
    (h) Coronado Beach bridge (SR 44), mile 845 at New Smyrna Beach. The 
Coronado Beach bridge (SR 44), mile 845, shall open on signal, except 
that from 7 a.m. until 7 p.m., each day of the week, the draw need only 
open on the hour, twenty minutes past the hour and forty minutes past 
the hour.
    (i) [Reserved]
    (j) NASA Railroad bridge, mile 876.6 at Kennedy Space Center.
    (1) The draw is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, it stops and the operator 
initiates a command to lower the bridge. The lights go to flashing red 
and the draw lowers and locks, providing scanning equipment reveals 
nothing under the draw. The draw remains down until a manual raise 
command is initiated, or will raise automatically 5 minutes after the 
intermediate track circuit is no longer occupied by a rail car.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (k) State Road 402, Max Brewer bridge, mile 878.9 at Titusville. The 
draw shall open on signal; except that, from 6 a.m. to 7:15 a.m. and 
3:15 p.m. to 4:30 p.m., Monday through Friday, except federal holidays, 
the draw need not open.
    (l) John F. Kennedy Space Center bridge, mile 885 at Addison Point. 
The draw shall open on signal; except that, from 6:30 a.m. to 8 a.m. and 
3:30 p.m. to 5 p.m. Monday through Friday, except Federal holidays, the 
draw need not open.
    (m)-(n) [Reserved]
    (o) Jensen Beach (SR 707a) bridge, mile 981.4 at Stuart. The draw 
shall open on signal; except that from December 1 through May 1, from 7 
a.m. to 6 p.m., Monday through Friday, except federal holidays, the draw 
need open only on the hour and half-hour.
    (p) Ernest Lyons (SR A1A) bridge, mile 984.9 at Stuart. The draw 
shall open on signal; except that, from December 1 through May 1, from 7 
a.m. to 6 p.m., Monday through Friday, except federal holidays, the draw 
need open only on the hour and half-hour.
    (q) Indiantown Road bridge, mile 1006.2. The draw shall open on the 
hour and half-hour.
    (r) Donald Ross bridge, mile 1009.3, at North Palm Beach. The draw 
shall open on the hour and half-hour.
    (s) PGA Boulevard bridge, mile 1012.6, at North Palm Beach. The draw 
shall open on the hour and half-hour.
    (t) Parker (US-1) bridge, mile 1013.7, at Riviera Beach. The draw 
shall open on the quarter and three-quarter hour.
    (u) Flagler Memorial (SR A1A) bridge, mile 1020.8, at Palm Beach. 
The draw shall open on the quarter and three-quarter hour.
    (v) Royal Park (SR 704) bridge, mile 1022.6, at Palm Beach. The draw 
shall open on the hour and half-hour.

[[Page 575]]

    (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7 at Palm 
Beach. The draw shall open on the quarter and three-quarter hour.
    (x) Ocean Avenue bridge, mile 1031.0, at Lantana. The draw shall 
open on the hour and half-hour.
    (y) Ocean Avenue bridge, mile 1035.0, at Boynton Beach. The draw 
shall open on the hour and half-hour.
    (z) [Reserved]
    (z-1) Atlantic Avenue (SR 806) bridge, mile 1039.6, at Delray Beach. 
The draw shall open on the quarter and three-quarter-hour.
    (z-2) Linton Boulevard bridge, mile 1041.1, at Delray Beach. The 
draw shall open on the hour and half-hour.
    (z-3) Spanish River bridge, mile 1044.9, at Boca Raton. The draw 
shall open on the hour and half-hour.
    (aa) Palmetto Park bridge, mile 1047.5, at Boca Raton. The draw 
shall open on the hour and half-hour.
    (aa-1) Boca Club, Camino Real bridge, mile 1048.2, at Boca Raton. 
The draw shall open on the hour, twenty minutes past the hour and forty 
minutes past the hour.
    (bb) Broward County. (1) Hillsboro Boulevard bridge (SR 810), mile 
1050.0 at Deerfield Beach. The draw shall open on the hour and half-
hour.
    (2) NE 14th Street bridge, mile 1055.0 at Pompano. The draw shall 
open on the quarter-hour and three-quarter hour.
    (3) Atlantic Boulevard (SR 814) bridge, mile 1056.0 at Pompano. The 
draw shall open on the hour and half-hour.
    (4) Commercial Boulevard (SR 870) bridge, mile 1059.0, at 
Lauderdale-by-the-Sea. The draw shall open on the hour and half-hour.
    (5) Oakland Park Boulevard bridge, mile 1060.5 at Fort Lauderdale. 
The draw shall open on the quarter-hour and three-quarter hour.
    (6) East Sunrise Boulevard (SR 838) bridge, mile 1062.6, at Fort 
Lauderdale. The draw shall open on the hour and half-hour. On the first 
weekend in May, the draw need not open from 4 p.m. to 6 p.m. on Saturday 
and Sunday, and, on the first Saturday in May, the draw need not open 
from 9:45 p.m. to 10:45 p.m.
    (7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw 
shall open on the quarter-hour and three-quarter hour. On the first 
weekend in May, the draw need not open from 4 p.m. to 6 p.m. on Saturday 
and Sunday, and, on the first Saturday in May, the draw need not open 
from 9:45 p.m. to 10:45 p.m.
    (8) SE 17th Street (Brooks Memorial) bridge, mile 1065.9 at Fort 
Lauderdale. The draw shall open on the hour and half-hour.
    (9) Dania Beach Boulevard bridge, mile 1069.4 at Dania Beach. The 
draw shall open on the hour and half-hour.
    (10) Sheridan Street bridge, mile 1070.5, at Fort Lauderdale. The 
draw shall open on the quarter-hour and three-quarter hour.
    (11) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 at 
Hollywood. The draw shall open on the hour and half-hour.
    (12) Hallandale Beach Boulevard (SR 824) bridge, mile 1074.0 at 
Hallandale. The draw shall open on the quarter-hour and three-quarter 
hour.
    (13) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 at 
Hollywood. The draw shall open a single-leaf on the hour and half-hour. 
A double-leaf shall be available with two hours advance notice to the 
bridge tender, except during certain time periods to be published in the 
Local Notice to Mariners. Waterway closures will be published in the 
Local Notice to Mariners as needed.
    (cc)-(kk) [Reserved]
    (ll) N.E. 163rd Street (SR826) bridge, mile 1078.0 at Sunny Isles. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. on 
Monday through Friday except Federal holidays, and from 10 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need open 
only on the quarter-hour and three-quarter hour.
    (mm) Broad Causeway bridge, mile 1081.4 at Bay Harbor Islands. The 
draw shall open on signal; except that, from 8 a.m. to 6 p.m., the draw 
need open only on the quarter-hour and three-quarter hour.
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, shall open on 
signal, except that from 7 a.m. to 7 p.m.,

[[Page 576]]

Monday through Friday, except Federal holidays, the bridge need only 
open on the hour and half-hour.
    (oo) through (pp) [Reserved]
    (qq) Jewfish Creek, mile 1134, Key Largo. The draw shall open on 
signal; except that from 10 a.m. to sunset, Thursday through Sunday and 
federal holidays, the draw need open only on the hour and half hour.
    (rr)-(ss) [Reserved]

[CGD7-84-29, 50 FR 51248, Dec. 16, 1985]

    Editorial Note: For Federal Register citations to Sec. 117.261, see 
the List of CFR Sec. ions Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: By CGD07-06-204, 71 FR 58285, Oct. 3, 2006, 
Sec. 117.261 was amended by suspending paragraph (bb)(11) and adding 
paragraph (bb)(13), effective from 7 a.m. on Oct. 3, 2006 to 7 p.m. on 
July 27, 2007.



Sec. 117.263  Banana River.

    (a) The draw of the Mathers (SR A-1-A) Bridge, mile 0.5 at Indian 
Harbor Beach, shall open on signal; except that, from 10 p.m. to 6 a.m. 
Monday through Friday except Federal holidays, the draw shall open on 
signal if at least two hours notice is given.
    (b) The draw of the NASA Causeway bridge, mile 27.6 at Cape 
Canaveral, shall open on signal if at least four hours notice is given 
to the NASA Sec. rity Office by telephone or in person.

[CGD 82-025, 49 FR 26721, June 29, 1984]



Sec. 117.267  Big Carlos Pass.

    The draw of the SR865 bridge, mile 0.0 between Estero Island and 
Black Island, shall open on signal; except that, the draw need not be 
opened from 7 p.m. to 8 a.m.



Sec. 117.268  Billy's Creek.

    The draw of the State Road 80 bridge at Fort Myers need not be 
opened for the passage of vessels; however, the draw shall be restored 
to operable condition within 6 months after notification by the District 
Commander to do so.

[CGD 07-98-009, 63 FR 67402, Dec. 7, 1998]



Sec. 117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall open on signal, except 
that from 7 a.m. to 7 p.m., Monday through Friday, except Federal 
holidays, the bridge need only open on the hour and half-hour.

[CGD07-06-050, 72 FR 18886, Apr. 16, 2007]



Sec. 117.271  Blackwater River.

    The draw of the CSX Transportation Railroad bridge, mile 2.8 at 
Milton, shall open on signal; except that, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least eight hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-86-06, 51 FR 
29101, Aug. 14, 1986; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec. 117.272  Boot Key Harbor.

    The draw of the Boot Key Harbor drawbridge, mile 0.13, between 
Marathon and Boot Key, will open as necessary on the hour between the 
hours of 7 a.m. to 7 p.m. At all other times, the bridge will open 
following a one hour notification to the bridge tender by calling the 
posted cell phone number. The draw shall open on demand and as soon as 
practicable for the passage of tugs with tows, public vessels of the 
United States and vessels whereby a delay would endanger life or 
property.

[CGD07-05-063, 71 FR 14806, Mar. 24, 2006]



Sec. 117.273  Canaveral Barge Canal.

    (a) The drawspan of the Christa McAuliffe Drawbridge, SR 3, mile 
1.0, across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the drawspan need not open. 
From 10:01 p.m. to 5:59 a.m., everyday, the drawspan must open on signal 
if at least 3 hours notice is given to the drawtender. The drawspan must 
open as soon as possible for the passage of public vessels of the United 
States and tugs with tows.
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the drawspan need

[[Page 577]]

not be opened for the passage of vessels. From 10 p.m. to 6 a.m., the 
drawspan must open on signal if at least three hours notice is given. 
The drawspan must open as soon as possible for the passage of pubic 
vessels of the United States and tugs with tows.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec. 117.279  Coffeepot Bayou.

    The draw of the Snell Isle Boulevard bridge, mile 0.4 at St. 
Petersburg, need not be opened for the passage of vessels.



Sec. 117.283  Dunns Creek.

    The draw of the US17 bridge, mile 0.9 near Satsuma, shall open on 
signal if at least three hours notice is given.



Sec. 117.285  Grand Canal.

    (a) The draw of the Lansing Island bridge, mile 0.7, shall open on 
signal, except that during the evening hours from 10 p.m. to 6 a.m. from 
Sunday evening until Friday morning, except on evenings preceeding a 
Federal holiday, the draw shall open on signal if at least 2 hours 
notice is given.
    (b) The draw of the Tortoise Island bridge, mile 2.6, shall open on 
signal; except that from 10 p.m. to 6 a.m. from Sunday evening through 
Friday morning, the draw shall open on signal if at least 2 hours 
advance notice is given. From 10 p.m. to 6 a.m. on Friday and Saturday 
and on evenings immediately preceding Federal holidays, the draw shall 
open on signal if at least 30 minutes advance notice is given.

[CGD7-92-113, 58 FR 31474, June 3, 1993, as amended by CGD07-98-048, 64 
FR 30391, June 8, 1999]



Sec. 117.287  Gulf Intracoastal Waterway.

    (a) Public vessels of the United States and tugs with tows must be 
passed through the drawspan of each drawbridge listed in this section at 
anytime.
    (a-1) The draw of the Boca Grande Swingbridge, mile 34.3, shall open 
on signal; except that, from 7 a.m. to 6 p.m., Monday through Friday, 
except Federal holidays, the draw need open only on the hour and half 
hour. On Saturday, Sunday and Federal holidays, from 7 a.m. to 6 p.m., 
the draw need open only on the hour, quarter hour, half hour and three 
quarter hour.
    (a-2) The draw of the Venice Avenue bridge, mile 56.6 at Venice, 
shall open on signal, except that from 7 a.m. to 4:30 p.m., Monday 
through Friday except Federal holidays, the draw need open only at 10 
minutes after the hour, 30 minutes after the hour and 50 minutes after 
the hour and except between 4:35 p.m. and 5:35 p.m. when the draw need 
not open.
    (b) The draw of the Hatchett Creek (US-41) bridge, mile 56.9 at 
Venice, shall open on signal, except that, from 7 a.m. to 4:20 p.m., 
Monday through Friday except Federal holidays, the draw need open only 
on the hour, 20 minutes after the hour, and 40 minutes after the hour 
and except between 4:25 p.m. and 5:25 p.m. when the draw need not open. 
On Saturdays, Sundays, and Federal holidays from 7:30 a.m. to 6 p.m. the 
draw need open only on the hour, quarter-hour, half-hour, and three 
quarter-hour.
    (b-1) Stickney Point (SR 72) bridge, mile 68.6, at Sarasota. The 
draw shall open on signal, except that the draw need open only on the 
hour, twenty minutes past the hour, and forty minutes past the hour, 
from 6 a.m. to 10 p.m., Monday through Friday, except Federal holidays.
    (c) The draw of the Siesta Drive Bridge, mile 71.6 at Sarasota, 
Florida shall open on signal, except that from 7 a.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the draw need open only on the 
hour, twenty minutes past the hour and forty minutes past the hour. On 
weekends and Federal holidays, from 11 a.m. to 6 p.m., the draw need 
open only on the hour, twenty minutes past the hour and forty minutes 
past the hour.
    (d)(1) Cortez (SR 684) Bridge, mile 87.4. The draw shall open on 
signal, except that from 6 a.m. to 7 p.m., the draw need only open on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. From 
January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only open on 
the hour and half hour.
    (2) Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2. The 
draw shall open on signal, except that from 6 a.m. to 7 p.m., the draw 
need only

[[Page 578]]

open on the hour, 20 minutes after the hour, and 40 minutes after the 
hour. From January 15 to May 15, from 6 a.m. to 7 p.m., the draw need 
only open on the hour and half hour.
    (3) [Reserved]
    (4) The draw of the Pinellas Bayway, Structure ``E'' (SR 679) 
bridge, mile 113.0 at St. Petersburg Beach, shall open on signal; except 
that from 9 a.m. to 7 p.m. the draw need open only on the hour, 20 
minutes past the hour and 40 minutes past the hour.
    (e) The draw of the Pinellas Bayway, Structure ``C'' bridge, mile 
114, at St. Petersburg Beach shall open on signal; except that from 7 
a.m. to 7 p.m., the draw need open only on the hour, twenty minutes past 
the hour, and forty minutes past the hour.
    (f) The draw of the Corey Causeway (SR693) bridge, mile 117.7 at 
South Pasadena, shall open on signal; except that, from 8 a.m. to 7 p.m. 
Monday through Friday, and 10 a.m. to 7 p.m. Saturdays, Sundays, and 
Federal holidays, the draw need be opened only on the hour, 20 minutes 
after the hour, and 40 minutes after the hour.
    (g) The draw of the Treasure Island Causeway bridge, mile 119.0, 
shall open on signal, except that from 7 a.m. to 7 p.m. the draw need 
open only on the hour, quarter hour, half hour and three quarter hour. 
From 11 p.m. to 7 a.m. the draw shall open on signal if at least 10 
minutes advance notice is given.
    (h) The draw of the Welch Causeway (SR699) bridge, mile 122.8 at 
Madiera Beach, shall open on signal; except that, from 9:30 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need be 
opened only on the hour, 20 minutes after the hour, and 40 minutes after 
the hour.
    (i) The draw of the Belleair Causeway bridge, mile 131.8 at 
Clearwater, shall open on signal; except that, from 12 noon to 6 p.m., 
on Saturdays, Sundays, and holidays, the draw need be opened only on the 
hour, quarter hour, half hour, and three-quarter hour.
    (j) The draw of the Memorial Clearwater Causeway (SR60) bridge, mile 
136.0 at Clearwater, shall open on signal; except that, from 9 a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutes past the 
hour, and 40 minutes past the hour. From 2 p.m. to 6 p.m. Saturdays, 
Sundays, and Federal holidays, the draw need be opened only on the hour 
and half hour.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations to Sec. 117.287, see 
the List of CFR Sec. ions Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 117.289  Hillsboro Inlet.

    The drawspans of the SR A-1-A Drawbridge, mile 0.3 at Hillsboro 
Beach, must open on signal; except that, from 7 a.m. to 6 p.m., the 
drawspans need be opened only on the hour, quarter hour, half hour, and 
three quarter hour. Public vessels of the United States and tugs with 
tows must be passed at anytime.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec. 117.291  Hillsborough River.

    (a) The drawspans for the drawbridges at Platt Street, mile 0.0, 
Brorein Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, 
mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and 
West Hillsborough Avenue, mile 4.8, must open on signal if at least two 
hours notice is given; except that, the drawspan must open on signal as 
soon as possible for public vessels of the United States.
    (b) The draw of the CSX Railroad Bridge across the Hillsborough 
River, mile 0.7, at Tampa, operates as follows:
    (1) The bridge is not tended.
    (2) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (3) As a train approaches, provided the marine traffic detection 
laser scanners do not detect a vessel under the draw, the lights change 
to flashing red and a horn continuously sounds while the draw closes. 
The draw remains closed until the train passes.
    (4) After the train clears the bridge, the lights continue to flash 
red and the horn again continuously sounds while the draw opens, until 
the draw is fully open and the lights return to green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD7-92-56, 58 FR 15420, Mar. 23, 1993; CGD07-04-148, 70 FR 
43766, July 29, 2005; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]

[[Page 579]]



Sec. 117.295  Kissimmee River.

    The draw of the DSX Railroad bridge, mile 37.0, near Fort Basinger, 
shall open if at least 96 hours notice is given.

[CGD07-93-091, 59 FR 21932, Apr. 28, 1994]



Sec. 117.297  Little Manatee River.

    The draw of the Seaboard System Railroad bridge, mile 2.4 at Ruskin, 
shall open on signal if at least three hours notice is given.



Sec. 117.299  Loxahatchee River.

    The draw of the Florida East Coast Railway bridge across the 
Loxahatchee River, mile 1.2 at Jupiter, operates as follows:
    (a) The bridge is not constantly tended.
    (b) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (c) When a train approaches, the lights go to flashing red and a 
horn starts four blasts, pauses, and then continues four blasts. After 
an eight minute delay, the draw lowers and locks, providing the scanning 
equipment reveals nothing under the draw. The draw remains down for a 
period of eight minutes or while the approach track circuit is occupied.
    (d) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984; 
Redesignated by CGD07-04-015, 69 FR 42874, July 19, 2004]



Sec. 117.300  Manatee River.

    The draw of the CSX Railroad Bridge across the Manatee River, mile 
4.5 Bradenton, operates as follows:
    (a) The bridge is not tended.
    (b) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (c) As a train approaches, provided the scanners do not detect a 
vessel under the draw, the lights change to flashing red and a horn 
continuously sounds while the draw closes. The draw remains closed until 
the train passes.
    (d) After the train clears the bridge, the lights continue to flash 
red and the horn again continuously sounds while the draw opens, until 
the draw is fully open and the lights return to green.

[CGD07-04-015, 69 FR 42874, July 19, 2004]



Sec. 117.301  Massalina Bayou.

    The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, 
mile 0.0 at Panama City, shall open on signal; except that from 9 p.m. 
until 11 p.m. on July 4, each year, the draw need not open for the 
passage of vessels. The draw will open at any time for a vessel in 
distress.

[66 FR 36467, July 12, 2001]



Sec. 117.303  Matlacha Pass.

    The draw of the SR78 bridge, mile 6.0 at Fort Myers, shall open on 
signal from 8 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. Monday through 
Saturday. On Sundays the draw shall open on signal from 7 a.m. to 10 
a.m. and from 3 p.m. to 7 p.m. At all other times, the draw need not be 
opened for the passage of vessels.

[CGD7-92-74, 57 FR 58711, Dec. 11, 1992]



Sec. 117.305  Miami River.

    (a) General. Public vessels of the United States, tugs, tugs with 
tows, and vessels in a situation where a delay would endanger life or 
property shall, upon proper signal, be passed through the draw of each 
bridge listed in this section at any time.
    (b) The draws of the S.W. First Street Bridge, mile 0.9, up to and 
including the N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall open on 
signal; except that, from 7:35 a.m. to 8:59 a.m. and 4:45 p.m. to 5:59 
p.m., Monday through Friday, except Federal holidays, the draws need not 
open for the passage of vessels.
    (c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W. 
Sec. nd Avenue Bridge, mile 0.5, at Miami, shall open on signal; except 
that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 4:35 
p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, the 
draws need not open for the passage of vessels.
    (d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami, 
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday through 
Friday except Federal holidays, the draw need open

[[Page 580]]

only on the hour and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. 
to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except 
Federal holidays, the draw need not open for the passage of vessels.

[CGD07-03-118, 69 FR 7688, Feb. 19, 2004]



Sec. 117.307  Miami River, North Fork.

    The draw of the FDOT Railroad Bridge, mile 5.3 at Miami, shall open 
on signal if at least 48-hour notice is given to CSX System Operating 
Headquarters (800) 232-0144.

[CGD07-03-088, 69 FR 9549, Mar. 1, 2004]



Sec. 117.309  Nassau Sound.

    The draw of the Fernandina Port Authority (SR A-1-A) bridge, mile 
0.4 between Amelia Island and Talbot Island, shall open on signal from 6 
a.m. to 6 p.m. if at least six hours notice is given. The draw need not 
be opened from 6 p.m. to 6 a.m.



Sec. 117.311  New Pass.

    The drawspan for the State Road 789 Drawbridge, mile 0.05, at 
Sarasota, need only open on the hour, twenty minutes past the hour, and 
forty minutes past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 a.m., 
the drawspan must open on signal if at least 3 hours notice is given to 
the drawtender. Public vessels of the United States and tugs with tows 
must be passed at anytime.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec. 117.313  New River.

    (a) The draw of the SE. Third Avenue bridge, mile 1.4 at Fort 
Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 a.m. 
and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, 
the draw need not open. Public vessels of the United States, tugs with 
tows, and vessels in distress shall be passed at any time.
    (b) The draw of the Andrews Avenue bridge, mile 2.3 at Fort 
Lauderdale, shall open on signal; except that, from 7:30 a.m. to 9 a.m. 
and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, 
the draw need not open. The draw need not open for inbound vessels when 
the draw of the Florida East Coast Railroad bridge, mile 2.5 at Fort 
Lauderdale is in the closed position for the passage of a train. Public 
vessels of the United States, tugs with tows, and vessels in distress 
shall be passed at any time.
    (c) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at 
Fort Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 
a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal 
holidays, the draw need not open. Public vessels of the United States, 
tugs with tows, and vessels in distress shall be passed at any time.

[CGD07-06-019, 71 FR 65413, Nov. 8, 2006, as amended by USCG-2001-10881, 
72 FR 7351, Feb. 15, 2007]



Sec. 117.315  New River, South Fork.

    (a) The draw of the Davie Boulevard (SW. Twelfth Street) bridge, 
mile 0.9 at Fort Lauderdale shall open on signal; except that, from 7:30 
a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except 
Federal holidays, the draw need not open. Public vessels of the United 
States, tugs with tows, and vessels in distress shall be passed at any 
time.
    (b) The drawspan for the SR84 Drawbridge, mile 4.4 at Fort 
Lauderdale, must open on signal if at least 24 hours notice is given. 
Public vessels of the United States and tugs with tows must be passed 
through the draw as soon as possible.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006; 72 FR 7351, Feb. 15, 2007]



Sec. 117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of the United 
States and tugs with tows.
    (b) Evans Crary (SR A1A) bridge, mile 3.4 at Stuart. The draw shall 
open on signal; except that from December 1 through May 1, from 7 a.m. 
to 6 p.m., Monday through Friday, except federal holidays, the draw need 
open only on the hour and half-hour. On Saturdays, Sundays, and federal 
holidays, December 1 through May 1, from 8 a.m. to 6 p.m., the draw need 
open only on the hour, 20 minutes after the hour, and 40 minutes after 
the hour. Exempt vessels shall be passed at any time.

[[Page 581]]

    (c) Florida East Coast Railroad bridge, mile 7.4 at Stuart. The draw 
shall operate as follows:
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, the navigation lights go to 
flashing red and a horn sounds four blasts, pauses, and then repeats 
four blasts. After an eight minute delay, the draw lowers and locks, 
providing the scanning equipment reveals nothing under the draw. The 
draw remains down for a period of eight minutes or while the approach 
track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (d) Roosevelt (US1) bridge, mile 7.4 at Stuart. The draw shall open 
on signal; except Monday through Friday, except Federal holidays, from 7 
a.m. to 6 p.m. the draw need open only on the hour and half hour. 
However, the draw need not open between 7:30 a.m. and 9 a.m. and 4 p.m. 
and 5:30 p.m. except at 8:15 a.m. and 4:45 p.m. On Saturdays, Sundays, 
and federal holidays from 8 a.m. to 6 p.m. the draw need open only on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. When 
the adjacent railway bridge is in the closed position at the time of a 
scheduled opening the draw need not open, but it must then open 
immediately upon opening of the railroad bridge to pass all accumulated 
vessels. Exempt vessels shall be passed at any time.
    (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
shall open on signal if at least three hours notice is given.
    (f) Florida East Coast Railroad bridge, mile 38.0, at Port Mayaca.
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge it will stop and a crewmember 
will observe the waterway for approaching vessels, which will be allowed 
to pass. Upon manual signal, the bridge lights will go to flashing red, 
and the horn will sound four blasts, pause, then repeat four blasts, 
then the draw will lower and lock, providing scanning equipment reveals 
nothing under the span.
    (4) After the train has cleared, the draw will open, and the lights 
will return to flashing green.
    (g) Belle Glade Dike (SR 71) bridge, mile 60.7 between Torry Island 
and Lake Shore. The draw shall open on signal from 7 a.m. to 6 p.m. 
Monday through Thursday, and from 7 a.m. to 7 p.m. Friday through 
Sunday. At all other times, the draw need not be opened for the passage 
of vessels.
    (h) Seaboard System Railroad bridge, mile 78.3 at Moore Haven. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
need not be opened for the passage of vessels.
    (i) Highway bridges at Moore Haven (mile 78.4) La Belle (mile 
103.0), Denaud (mile 108.2), Alva (mile 116.0), and Olga (mile 126.3). 
The draws shall open on signal; except that, from 10 p.m. to 6 a.m. the 
draws shall open on signal if at least three hours notice is given.
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw shall 
open on signal, except that from 7 a.m. until 6 p.m. Monday through 
Friday, except Federal holidays, the draw need only open on the hour and 
half hour. On Saturday, Sunday, and Federal holidays the draw shall open 
on signal, except that from 7 a.m. until 6 p.m., the draw need only open 
on the hour, quarter hour, half hour and three-quarter hour. From 10 
p.m. until 6 a.m. daily, the draw shall open on signal if at least five 
minutes advance notice is given to the bridge tender.
    (k) Caloosahatchee River Bridge (SR 29), Mile 103, Labelle, Florida. 
The Caloosahatchee River bridge (SR 29), mile 103, shall open on signal, 
except that from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the bridge

[[Page 582]]

need not open. Exempt vessels shall be passed at any time.

[CGD7 85-50, 51 FR 12319, Apr. 10, 1986, as amended by CGD7 87-06, 52 FR 
28693, Aug. 3, 1987; CGD 7-87-37, 53 FR 120, Jan. 5, 1988; CGD7-87-37, 
53 FR 17465, May 17, 1988; CGD7-90-37, 55 FR 42372, Oct. 19, 1990; CGD7-
90-22, 55 FR 48232, Nov. 20, 1990; CGD7-92-112, 58 FR 15421, Mar. 23, 
1993; CG07-93-025, 58 FR 36357, July 7, 1993; CGD07-94-85, 60 FR 66747, 
Dec. 26, 1995; CGD07-02-047, 67 FR 40608, June 13, 2002; CGD07-02-141, 
69 FR 4240, Jan. 29, 2004; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec. 117.319  Oklawaha River.

    (a) The draw of the Sharpes Ferry (SR 40) bridge, mile 55.1 shall 
open on signal if at least three hours notice is given.
    (b) The draw of the Moss Bluff (SR 464) bridge, mile 66.0, need not 
open for the passage of vessels.
    (c) The draw of the Muclan Farms bridge, mile 63.9, need not open 
for the passage of vessels.

[CGD7-85-15, 50 FR 29672, July 22, 1985, as amended by CGD7-87-49, 52 FR 
42649, Nov. 6, 1987; CGD07-02-008, 67 FR 50351, Aug. 2, 2002]



Sec. 117.323  Outer Clam Bay

    The drawspan of the Outer Clam Bay Boardwalk Drawbridge shall open 
on signal if at least 30 minutes advance notice is given.

[CGD07-06-237, 72 FR 11777, Mar. 14, 2007]



Sec. 117.324  Rice Creek.

    The CSX Railroad Swingbridge, mile 0.8, in Putnam County, shall open 
on signal from 8 a.m. to 4 p.m., daily. From 4:01 p.m. to 7:59 a.m., 
daily, the bridge shall open with a 24-hour advance notice to CSX at 1-
800-232-0142.

[CGD07-03-094, 69 FR 1919, Jan. 13, 2004]



Sec. 117.325  St. Johns River.

    (a) The drawspan for the Main Street (US17) drawbridge, mile 24.7, 
at Jacksonville, must open on signal except that, from 7 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except 
Federal holidays, the drawspan need not be opened for the passage of 
vessels.
    (b) The draw of the Florida East Coast automated railroad bridge, 
mile 24.9, shall operate as follows:
    (1) The bridge shall be constantly tended and have a mechanical 
override capability for the automated operation. A radiotelephone shall 
be maintained at the bridge for the safety of navigation.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches, large signs on both the upstream and 
downstream sides of the bridge flash ``Bridge Coming Down,'' the lights 
go to flashing red, and siren signals sound. After an eight minute 
delay, the draw lowers and locks if there are no vessels under the draw. 
The draw remains down for a period of eight minutes or while the 
approach track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD7-90-76, 55 FR 
47753, Nov. 15, 1990; CGD07-96-069, 62 FR 15843, Apr. 3, 1997; CGD07-05-
009, 70 FR 18991, Apr. 12, 2005; USCG-2001-10881, 71 FR 70310, Dec. 4, 
2006]



Sec. 117.327  St. Marks River.

    The draw of the U.S. 98-SR30 bridge, mile 9.0 at Newport, need not 
be opened for the passage of vessels.

[CGD8-88-13, 54 FR 13064, Mar. 30, 1989]



Sec. 117.329  St. Marys River.

    The draws of US17 bridge, mile 23.0, and the Seaboard System 
Railroad bridge, mile 23.1, both at Kingsland, shall open on signal if 
at least 48 hours notice is given.



Sec. 117.331  Snake Creek.

    The draw of the Snake Creek bridge, at Islamorada, Florida, shall 
open on signal, except that from 8 a.m. to 4 p.m., the draw need open 
only on the hour and half-hour.

[66 FR 57385, Nov. 15, 2001]



Sec. 117.333  Suwannee River.

    The draw of Suwannee River bridge, mile 35 at Old Town need not be 
opened for the passage of vessels, however, the

[[Page 583]]

draw shall be restored to operable condition within 6 months after 
notification by the District Commander to do so.

[CGD07-98-054, 64 FR 55419, Oct. 13, 1999]



Sec. 117.335  Taylor Creek.

    The draw of US441 bridge, mile 0.3 at Okeechobee, shall open on 
signal if at least two hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.337  Trout River.

    The draw of the Seaboard System Railroad bridge, mile 0.9 at Panama 
Park, shall open on signal from 6 a.m. to 10 p.m. From 10 p.m. to 6 
a.m., the draw shall open on signal if at least 12 hours notice is 
given.



Sec. 117.341  Whitcomb Bayou.

    The draw of the Beckett Bridge, mile 0.5, at Tarpon Springs, Florida 
shall open on signal if at least two hours notice is given.

[CGD7-87-60, 53 FR 3206, Feb. 4, 1988]

                                 Georgia



Sec. 117.351  Altamaha River.

    (a) The draws of all bridges, except the Seaboard System Railroad 
bridge, mile 59.4 at Doctortown, shall open on signal if at least 24 
hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 59.4 at 
Doctortown, shall open on signal if at least seven days notice is given.



Sec. 117.353  Atlantic Intracoastal Waterway, Savannah River to St. Marys River.

    (a) General. Public vessels of the United States and tugs with tows 
must, upon proper signal, be passed through the drawspan of each 
drawbridge in this section at anytime.
    (b) Causton Bluff, SR 26, mile 579.9 near Causton Bluff. The draw 
shall open on signal, except that from 6:30 a.m. to 9 a.m. and 4:30 p.m. 
to 6:30 p.m. Monday through Friday, except Federal holidays the draw 
need open only at 7 a.m., 8 a.m. and 5:30 p.m.
    (c) Skidaway Bridge, SR 204, mile 592.9 near Savannah. The draw will 
open as necessary on the hour from 7 a.m. to 9 a.m. (7, 8, and 9 a.m.) 
and on the half-hour between 4:30 p.m. to 6.30 p.m. (4:30, 5:30, and 
6:30 p.m.), daily; Monday through Friday except Federal holidays. The 
draw shall open at any time for Public vessels of the United States, 
tugs with tows, and vessels in distress. At all other times, the draw 
will open on signal.

[CGD7 84-29, 50 FR 51249, Dec. 16, 1985, as amended by CGD7-87-12, 52 FR 
42647, Nov. 6, 1987; CGD7-87-76, 53 FR 2035, Jan. 26, 1988; CGD07-04-
124, 70 FR 50974, Aug. 29, 2005; CGD07-04-124, 71 FR 16491, Apr. 3, 
2006; USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.359  Chattahoochee River.

    See Sec. 117.107, Chattahoochee River, listed under Alabama.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.361  Flint River.

    The draws of the CSX Transportation Railroad bridges, miles 28.0 and 
28.7, both at Bainbridge, shall open on signal if at least 15 days 
notice is given.



Sec. 117.363  Ocmulgee River.

    The draws of each bridge shall open on signal if at least 24 hours 
notice is given.



Sec. 117.365  Oconee River.

    The draw of the SR46 bridge, mile 44.3 near Soperton, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.367  Ogeechee River.

    (a) The draw of the Seaboard System Railroad bridge, mile 30.7 at 
Richmond Hill, shall open on signal if at least 15 days notice is given.
    (b) The draw of the highway bridge, mile 37.8 near Richmond Hill, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.369  Satilla River.

    The draw of the Seaboard System Railroad bridge, mile 25.7 at 
Woodbine, shall open on signal if at least 24 hours notice is given.

[[Page 584]]



Sec. 117.371  Savannah River.

    (a) The draw of the Houlihan bridge (US 17) mile 21.6 at Savannah 
shall open on signal if at least three hours advance notice is given to 
the Georgia Department of Transportation Area Engineer in Savannah.
    (b) The draw of the Seaboard System Railroad bridge, mile 27.4 near 
Hardeeville, South Carolina shall open on a signal if at least three 
hours advance notice is given. VHF radiotelephone communications will be 
maintained at the railroad's chief dispatcher's office in Savannah.
    (c) The draw of the CSX Transportation railroad bridge, mile 60.9, 
near Clyo, Georgia, shall open on signal if at least 48 hours advance 
notice is given. Openings can be arranged by contacting CSX 
Transportation on Channel 16 VHF or by telephone at 1 800 232-0146. VHF 
radiotelephone communications will be maintained at the dispatcher's 
office in Savannah, Georgia.
    (d) The draw of the Seaboard System Railroad bridge, mile 195.4 near 
Augusta, shall open on signal if at least three hours notice is given.

[CGD7-84-21, 49 FR 43955, Nov. 1, 1984, as amended by CGD7-84-01, 50 FR 
25073, June 17, 1985; CGD7-87-45, 53 FR 4394, Feb. 16, 1988; CGD7-90-08, 
56 FR 16008, Apr. 19, 1991]



Sec. 117.373  St. Marys River.

    See Sec. 117.329, St. Marys River, listed under Florida.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                  Idaho



Sec. 117.381  Clearwater River.

    The draws of the Camas Prairie railroad bridge, mile 0.6 at 
Lewiston, shall open on signal if at least three hours notice is given 
to the Camas Prairie Railroad in Lewiston.

[CGD 82--025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 117.383  Pend Oreille River.

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
111.3 near Sand-point, need not be opened for the passage of vessels.



Sec. 117.385  Snake River.

    The drawspan of the U.S. 12 bridge, mile 140.0, between Lewiston, 
Idaho, and Clarkston, Washington, operates as follows:
    (a) The draw need not open for the passage of vessels except at 
these hours:
    (1) From March 15 through November 15 at 6 a.m., 10 a.m., 3 p.m., 7 
p.m., and 9 p.m.
    (2) From November 16 through March 14 at 9 a.m., 10 a.m., 2 p.m., 
and 3 p.m.
    (b) Requests for openings shall be given to the Washington State 
Department of Transportation.
    (1) Monday through Thursday of every week, except holidays, the draw 
shall open if at least two hours notice is given.
    (2) Friday through Sunday of every week, except holidays, the draw 
shall open if notice is given by 5 p.m. of the preceding Wednesday.
    (3) The draw shall open on holidays if notice is given by 5 p.m. two 
workdays, excluding Friday, preceding the holiday.
    (4) The draw shall open at any time for the passage of vessels 
engaged in an emergency.

[CGD13-92-01, 57 FR 38608, Aug. 26, 1992]

                                Illinois



Sec. 117.389  Calumet River.

    The draws of the Norfolk Southern railroad bridges, miles 1.32 and 
1.36 at Chicago, operate as follows:
    (a) The draws shall open on signal; except that, if either one of 
the bridges is inoperable because of equipment breakdown, the other 
bridge need not be opened.
    (b) In addition to the signals prescribed in Sec. 117.15, the 
following special visual signals shall be used on the bridges:
    (1) When the draw cannot be opened immediately, or is open and must 
be closed promptly, two red lights are flashed alternately.
    (2) When the draw can be opened immediately, two amber lights are 
flashed alternately.

[[Page 585]]

    (3) When the draw is open for passage, two green lights are flashed 
alternately.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2005-21531, 
70 FR 36349, June 23, 2005]



Sec. 117.391  Chicago River.

    The draws of the bridges operated by the City of Chicago over the 
Main Branch of Chicago River, the bridges on the North Branch of Chicago 
River from the Main Branch to North Halsted Street, mile 2.65, and 
bridges on the South Branch of Chicago River from the Main Branch to 
South Ashland Avenue, mile 4.47, shall operate as follows:
    (a) For commercial vessels, all bridges shall open on signal if at 
least 12-hours advance notice is provided to the Chicago City Bridge 
Desk prior to the intended time of passage; except that, from Monday 
through Friday between the hours of 7 a.m. and 9:30 a.m., and between 
the hours of 4 p.m. and 6:30 p.m., except for Federal holidays, the 
draws need not open for the passage of vessels.
    (b) For recreational vessels:
    (1) From April 1 through November 30--
    (i) The draws shall be scheduled to open, before 1 p.m., twice on 
Saturdays and twice on Sundays if requests for passage have been 
received at least 20 hours in advance. If the bridges have been 
authorized to remain closed for portions of a Saturday or Sunday to 
accommodate special events, openings shall be scheduled after 1 p.m. as 
necessary to provide two openings per day.
    (ii) The draws shall open on Monday and Friday, after 6:30 p.m. Each 
opening requires notice that has been given at least 6 hours in advance 
of a vessel's requested time of passage.
    (iii) The draws shall open on Wednesdays at 10 a.m., or as soon 
thereafter as practical, if a request for passage has been given at 
least 20 hours in advance.
    (iv) The draws shall open at times in addition to those listed in 
paragraphs (b)(1)(i) through (b)(1)(iii) of this section, after notice 
has been given at least 20 hours in advance requesting passage for a 
flotilla of at least five vessels. However, the bridges need not open 
Monday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to 6:30 p.m., 
except for Federal holidays.
    (2) From December 1 through March 31, the draws shall open on signal 
if at least 48 hours notice is given. However, the bridges need not open 
Monday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to 6:30 p.m., 
except for Federal holidays.
    (c) The following bridges need not be opened for the passage of 
vessels: The draws of South Damen Avenue, mile 6.14, over South Branch 
of Chicago River; all highway drawbridges between South Western Avenue, 
mile 6.7, and Willow Springs Road, mile 19.4, over Chicago Sanitary and 
Ship Canal; North Halsted Street, mile 2.85, and Division Street, mile 
2.99, over North Branch Canal of Chicago River; and Division Street, 
mile 3.30, North Avenue, mile 3.81, Cortland Avenue, mile 4.48, Webster 
Avenue, mile 4.85, North Ashland Avenue, mile 4.90, and Union Pacific 
Railroad, mile 5.01, over North Branch of Chicago River.

[CGD09-95-023, 60 FR 52311, Oct. 6, 1995, as amended by CGD09-01-148, 67 
FR 31729, May 10, 2002]



Sec. 117.393  Illinois Waterway.

    (a) The draw of the automated Burlington Northern Santa Fe railroad 
bridge, mile 88.8 at Beardstown, Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying a green light to indicate that vessels may pass.
    (2) When a vessel is approaching and the draw is in the open 
position, contact shall be established by radiotelephone with the remote 
operator to assure that the draw remains open until passage is complete.
    (3) When a vessel is approaching and the draw is in the closed 
position, contact shall be established by radiotelephone with the remote 
operator. If the draw cannot be opened immediately, alternate flashing 
red lights are displayed. If the draw can be opened immediately, 
flashing amber lights are displayed.
    (4) When a train approaches the bridge and the draw is in the open 
position, the operator shall activate alternate flashing red lights on 
top of the draw, sound four short blasts, and scan

[[Page 586]]

the river on radar to determine whether any vessel is approaching the 
bridge. The remote operator shall also broadcast that the draw is 
closing. If a vessel or vessels are approaching the bridge within one 
mile, as determined by radar scanning, response to radio broadcast, or 
electronic detector, the flashing red lights shall be changed to 
flashing amber and the operator shall keep the draw in the fully open 
position until the vessel or vessels have cleared the bridge. If no 
vessel is approaching the bridge or is beneath the draw, the draw may be 
lowered and locked in place.
    (5) After the train has cleared the bridge, the draw shall be raised 
to its full height and locked in place, the red flashing lights stopped, 
and the draw lights changed from red to green.
    (b) The draw of the Chessie Railroad Bridge, mile 254.1, at Seneca, 
Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green mid-channel lights to indicate the span is fully open.
    (2) When a train approaches the bridge and the draw is in the open 
position, the train will stop, train operator shall walk out on the 
bridge and scan the river for approaching vessels.
    (3) If a vessel is approaching the bridge, the draw will remain 
open. The vessel shall contact the train operator on VHF-FM channel 16 
and the train operator shall keep the draw in the fully open position 
until the vessel has cleared the bridge.
    (4) If no vessels are observed, the train operator initiates a five 
minute warning period on VHF-FM radio channel 16 before closing the 
bridge. The train operator will broadcast the following message: ``The 
Chessie Railroad Bridge at Mile 254.1, Illinois River, will close to 
navigation in five minutes.'' The announcement is repeated every minute 
counting down the time remaining until closure.
    (5) At the end of the five minute warning period, and if no vessels 
are approaching the bridge, the train operator shall sound the siren for 
10 seconds, activate the alternate flashing red lights on top of the 
draw, then lower and lock the draw in place. Red lights shall continue 
to flash to indicate the draw is closed to navigation.
    (6) After the train has cleared the bridge, the draw shall be raised 
to its full height and locked in place, the red flashing lights stopped, 
and the draw lights changed from red to green.
    (c) The draws of the McDonough Street Bridge, mile 287.3; Jefferson 
Street bridge, mile 287.9; Cass Street bridge, mile 288.1; Jackson 
Street bridge, mile 288.4; and Ruby Street bridge, mile 288.7; all of 
Joliet, shall open on signal, except that they need not open from 7:30 
a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday through 
Saturday.
    (d) The drawspan of the Elgin, Joliet and Eastern Railway bridge, 
mile 290.1 at Lockport, Illinois, is operated by remote operator located 
at the Elgin, Joliet & Eastern offices in East Joliet, Illinois as 
follows:
    (1) The drawspan is normally maintained in the fully open to 
navigation position displaying green center span navigation lights to 
indicate that the drawspan is fully open.
    (2) The bridge is equipped with the following:
    (i) A radiotelephone link direct to the remote operator;
    (ii) A radar antenna on top of the drawspan capable of scanning the 
river, one mile upstream and one mile downstream;
    (iii) Infrared boat detectors under the drawspan, to allow the 
remote bridge operator to detect vessels under the drawspan;
    (iv) Electronic motion detectors under the drawspan to allow the 
remote bridge operator to detect vessel movement under the drawspan;
    (v) A siren for sound signals; and
    (vi) Red and green center span navigation lights.
    (3) The remote bridge operator shall maintain a 24 hour VHF marine 
radio watch for mariners to establish contact as they approach the 
bridge to ensure that the drawspan is open or that it remains open until 
passage of river traffic is complete.
    (4) When rail traffic approaches the bridge, and the drawspan is in 
the open position, the remote bridge operator initiates a one minute 
warning period before closing the drawspan. During

[[Page 587]]

this warning period, the remote operator shall broadcast at least twice, 
via marine radio, that: ``The drawspan of the EJ&E Railroad bridge will 
be lowered in one minute.'' A siren on the bridge sounds for 20 seconds, 
to warn anyone on or under the bridge that the drawspan will be lowered.
    (5) If a vessel is approaching the bridge upbound or, departing the 
Lockport Lock and Dam at mile 291.1, downbound, with intentions of 
passing through the drawspan, they shall respond to the remote bridge 
operators' marine radio broadcast, or initiate radio contact, indicating 
their proximity to the bridge and requesting an opening of the drawspan 
or that the drawspan remain open until the vessel passes. If any 
approaching vessel is detected or if a radiotelephone response is 
received, the remote operator shall not close the drawspan until the 
vessel or vessels have cleared the bridge.
    (6) At the end of the one minute warning period, if no river traffic 
is approaching or under the drawspan, the remote bridge operator may 
begin lowering the drawspan. Navigation lights located at the center of 
the drawspan change from green to red when the drawspan is not in the 
fully open to navigation position. The drawspan takes approximately 90 
seconds to lower.
    (7) If the presence of a vessel or other obstruction is discovered 
approaching or under the drawspan, during the lowering sequence, before 
the drawspan is fully lowered and locked, the drawspan shall be stopped 
and raised to the fully open position. When the vessel or obstruction 
has cleared the drawspan, the remote operator shall confirm that the 
channel is clear and reinitiate the one minute warning cycle before 
lowering the drawspan.
    (8) If no marine traffic is present the drawspan may be lowered and 
seated. When the drawspan is lowered and locked in the closed to 
navigation position, the remote bridge operator periodically broadcasts, 
via marine radio, that: ``The drawspan of the EJ&E Railroad bridge is 
closed to navigation.''
    (9) Failure of the radar system, radio telephone system, infrared 
boat detectors or electronic motion sensors shall prevent lowering the 
drawspan from the remote location.
    (10) when rail traffic has cleared the bridge, the remote bridge 
operator shall raise the drawspan to the fully open to navigation 
position. When the drawspan is raised and in the fully open to 
navigation position, the remote bridge operator broadcasts, at least 
twice, via marine radio, that: ``The drawspan of the EJ&E Railroad 
bridge is open to navigation.'' The center drawspan navigation lights 
change from red to green when the drawspan is fully open to navigation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 93-036, 59 
FR 33677, June 30, 1994; USCG-1998-3799, 63 FR 35527, June 30, 1998; 
USCG-1999-5832, 64 FR 34712, June 29, 1999; CGD08-99-014, 64 FR 61520, 
Nov. 12, 1999; CGD08-06-013, 72 FR 19668, Apr. 19, 2007]

                                 Indiana



Sec. 117.401  Trail Creek.

    (a) The draw of the Franklin Street bridge, mile 0.5 at Michigan 
City, shall be operated as follows:
    (1) From March 16 through November 30, the draw shall open on 
signal; except from 6:15 a.m. to 11:15 p.m., Monday through Sunday, the 
draw need open only from three minutes before to three minutes after the 
quarter-hour and three-quarter hour.
    (2) From December 1 through March 15, the draw shall open on signal 
if at least 12-hours advance notice is provided prior to intended time 
of passage.
    (b) The draw of the Amtrak bridge, mile 0.9 at Michigan City, shall 
open on signal; except, from December 1 through March 15, the bridge 
shall open on signal if at least 12-hours advance notice is provided 
prior to intended time of passage.
    (c) Public vessels of the United States, state or local vessels used 
for public safety, vessels in distress, and vessels seeking shelter from 
severe weather shall be passed through the draws of each bridge as soon 
as possible.

[CGD09-01-001, 66 FR 27867, May 21, 2001]

[[Page 588]]



Sec. 117.403  Wabash River.

    See Sec. 117.397, Wabash River, listed under Illinois.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                  Iowa



Sec. 117.407  Missouri River.

    See Sec. 117.691, Missouri River listed under Nebraska.

[CGD08-06-002, 71 FR 66874, Nov. 17, 2006]

                                 Kansas



Sec. 117.411  Missouri River.

    The draws of the bridges across the Missouri River shall open on 
signal; except during the winter season between the date of closure and 
the date of opening of the commercial navigation season as published by 
the Army Corps of Engineers, the draws need not open unless at least 24 
hours advance notice is given.

[CGD08-06-002, 71 FR 66874, Nov. 17, 2006]

                                Kentucky



Sec. 117.415  Green River.

    (a) The draw of the CSX Transportation railroad bridge, Mile 8.3 at 
Spottsville, shall open on signal when there is 40 feet or less of 
vertical clearance beneath the draw. When vertical clearance is more 
than 40 feet, at least four hours notice shall be given. The owners of, 
or agencies controlling, the bridge shall arrange for ready telephone 
communication with the authorized representative at any time from the 
bridge or its immediate vicinity.
    (b) The draw of the CSX Transportation Railroad bridge, Mile 79.6 at 
Small-house, is normally maintained in the fully open position and a 
vessel may pass through the draw without further signals. When the draw 
is in the closed position, it shall open on signal when there is 40 feet 
or less of vertical clearance. When the vertical clearance is more than 
40 feet, at least four hours notice shall be given. During this period, 
if the drawtender is informed at the time the vessel passes through the 
draw that the vessel will return within four hours, the drawtender shall 
remain on duty until the vessel returns but is not required to remain 
for longer than four hours. The owners of, or agencies controlling, the 
bridge shall arrange for ready telephone communication with the 
authorized representative at any time from the bridge or its immediate 
vicinity.
    (c) The bascule span of the Paducah and Louisville Railroad Bridge, 
Mile 94.8 at Rockport, is maintained in the closed position and is 
remotely operated. Bridge clearance in the closed position in 41.3 feet 
at pool stage. Vessels requiring more clearance for passage must contact 
the remote bridge operator by radio telephone to request opening. The 
bridge operator will confirm by radiotelephone whether the bridge can be 
opened safely and promptly. If rail traffic is on or approaching the 
bridge, the bridge operator will advise the vessel that the bridge 
cannot be opened, and provide an approximate time when the bridge can be 
opened safely. Continuous radio contact between the bridge operator and 
the vessel shall be maintained until the vessel has transited and 
cleared the bridge.

[CGD2 88-01, 53 FR 23621, June 23, 1988, as amended by CGD2-91-04, 56 FR 
16009, Apr. 19, 1991; CGD2-91-07, 57 FR 2841, Jan. 24, 1992]



Sec. 117.417  Ohio River.

    The draw of the Southern Railway railroad bridge, mile 607.4 at New 
Albany, Indiana, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]

                                Louisiana



Sec. 117.422  Amite River.

    (a) The draw of the S22 bridge, mile 6.0 at Clio, shall open on 
signal if at least four hours notice is given.
    (b) The draws of the S16 bridge, mile 21.4 near French Settlement, 
and the S42 bridge, mile 32.0 at Port Vincent, shall open on signal if 
at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, as amended by CGD 08-84-04, 49 FR 48924, Dec. 
17, 1984. Redesignated by CGD8-88-05, 53 FR 27681, July 22, 1988]

[[Page 589]]



Sec. 117.423  Atchafalaya River.

    The draw of the Kansas City Southern Railway bridge, mile 133.1 
(mile 5.0 on N.O.S. Chart) above the mouth of the waterway, at 
Simmesport, shall open on signal if at least three hours advance notice 
is given.

[CGD8-88-05, 53 FR 27681, July 22, 1988]



Sec. 117.424  Belle River.

    The draw of the S70 bridge, mile 23.8 (Landside Route) near Belle 
River, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advance notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec. 117.425  Black Bayou.

    The draws of the Terrebonne Parish Police Jury bridges, miles 7.5, 
15.0, 18.7 and 22.5, between Gibson and Houma, shall open on signal if 
at least 24 hours notice is given. The draw of the US90 bridge, mile 7.0 
near Gibson, need not be opened for the passage of vessels.

[CGD8-87-12, 53 FR 5974, Feb. 29, 1988]



Sec. 117.427  Black River.

    The draw of the US84 bridge, mile 41.0 at Jonesville, shall open on 
signal if at least one hour notice is given.



Sec. 117.429  Boeuf Bayou.

    The draw of the S307 bridge, mile 1.3 at Kraemer, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given.



Sec. 117.433  Bonfouca Bayou.

    The draw of the S433 bridge, mile 7.0, at Slidell, shall operate as 
follows:
    (a) The draw need not open for passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except 
Federal Holidays.
    (b) The draw need open only on the hour and half-hour from 6 a.m. to 
7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except Federal 
holidays.
    (c) The draw shall open a signal from 9 p.m. to 5 am., if at least 4 
hours notice is given to the Louisiana Department of Transportation and 
Development Sec. rity Service at (504) 375-0100.
    (d) At all other times the draw shall open on signal.

[CGD8-95-026, 62 FR 14635, Mar. 27, 1997]



Sec. 117.434  Caddo Lake.

    The draw of the Kansas City Southern railroad bridge, mile 26.4 near 
Mooringsport, shall open on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452. Redesignated by CGD08-96-053, 64 FR 8722, Feb. 
23, 1999]



Sec. 117.435  Carlin Bayou.

    The draw of the S14 bridge, mile 6.4 at Delcambre, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the draw shall open on signal 
if at least four hours notice is given. The draw shall open on less than 
four hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.

[CGD8-88-19, 54 FR 16107, Apr. 21, 1989. Redesignated by CGD08-96-053, 
64 FR 8722, Feb. 23, 1999]



Sec. 117.436  Chef Menteur Pass.

    The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake Catherine, 
shall open on signal; except that, from 5:30 a.m. to 7:30 a.m., Monday 
through Friday except Federal holidays, the draw need open only on the 
hour and on the half-hour for the passage of vessels. The draw shall 
open at any time for a vessel in distress.

[CGD08-01-005, 66 FR 11110, Feb. 22, 2001]



Sec. 117.437  Colyell Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Port Vincent, shall be removed for the passage of vessels if at least 48 
hours notice is given.



Sec. 117.438  Company Canal.

    (a) The draw of the S1 bridge, mile 0.4 at Lockport, shall open on 
signal; except that, from 6 p.m. to 10 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall

[[Page 590]]

open on less than four hours notice for an emergency and shall open on 
demand should a temporary surge in waterway traffic occur.
    (b) The draw of the S24 bridge, mile 8.1 at Bourg, shall open on 
signal; except that, from 10 p.m. to 6 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[CGD 08-84-12, 50 FR 23306, June 3, 1985. Redesignated and amended by 
CGD8-85-10, 50 FR 38001, Sept. 19, 1985]



Sec. 117.439  Des Allemands Bayou.

    (a) The draw of the S631 bridge, mile 13.9 at Des Allemands, shall 
open on signal if at least four hours notice is given.
    (b) The draw of the Burlington Northern Santa Fe Railroad bridge, 
mile 14.0, shall open on signal Monday through Friday from 7 a.m. to 3 
p.m. At all other times the draw shall open on signal if at least 4 
hours notice is given.

[CGD08-93-028, 59 FR 14757, Mar. 30, 1994]



Sec. 117.441  D'Inde Bayou.

    The draw of the Union Pacific railroad bridge, mile 4.3, shall open 
on signal if at least 72 hours notice is given to the Defense Plant 
Corporation, Cities Service Refining Corporation Agent.



Sec. 117.443  Du Large Bayou.

    The draw of the Terrebonne Parish bridge, mile 23.2, near Theriot, 
shall open on signal; except that, from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec. 117.444  Falgout Canal.

    The draw of the LA 315 bridge across Falgout Canal, mile 3.1, shall 
open on signal; except that from 15 August to 5 June, the draw need not 
be opened from 7 a.m. to 8 a.m. and from 3 p.m. to 4 p.m., Monday 
through Friday except holidays. The draw shall open on signal at any 
time for an emergency aboard a vessel.

[CGD8-91-11, 56 FR 43872, Sept. 5, 1991]



Sec. 117.445  Franklin Canal.

    The draw of the Chatsworth bridge, mile 4.8 at Franklin, shall open 
on signal from 5 a.m. to 9 p.m. From October 1 through January 31 from 9 
p.m. to 5 a.m., the draw shall be opened on signal if at least three 
hours notice is given. From February 1 through September 30 from 9 p.m. 
to 5 a.m., the draw shall open on signal if at least 12 hours notice is 
given.



Sec. 117.447  Grand Cabahanosse Bayou.

    The draw of the S70 bridge, mile 7.6 near Paincourtville, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec. 117.449  Grosse Tete Bayou.

    (a) The draw of the Union Pacific railroad bridge, mile 14.7 at 
Grosse Tete, need not be opened for the passage of vessels.
    (b) The removable span of the S377 bridge, mile 15.3 near Rosedale, 
shall be removed for the passage of vessels if at least 48 hours notice 
is given.



Sec. 117.451  Gulf Intracoastal Waterway.

    (a) The draw of the Lapalco Boulevard Bridge, Harvey Canal Route, 
mile 2.8 at Harvey, shall open on signal; except that, from 6:30 a.m. to 
8:30 a.m. and from 3:45 p.m. to 5:45 p.m. Monday through Friday except 
holidays, the draw need not be opened for the passage of vessels.
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse, operates as follows:
    (1) The draw shall open on signal; except that, from 6 a.m. until 
8:30 a.m. and from 3:30 p.m. until 5:30 p.m. Monday through Friday, 
except Federal holidays, the draw need not be opened for the passage of 
vessels.
    (2) On Saturday and Sunday of the last weekend in October, the draw 
need not open for the passage of vessels from 4 p.m. until 7 p.m.

[[Page 591]]

    (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west of 
Harvey Lock, at Houma, shall open on signal; except that, the draw need 
not open for the passage of vessels Monday through Friday except Federal 
holidays from 6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15 p.m., 
from 12:45 p.m. to 1:15 p.m. and from 4:30 p.m. to 6 p.m.
    (d) The draw of the SR 319 (Louisa) bridge across the Gulf 
Intracoastal Waterway, mile 134.0 west of Harvey Lock, near Cypremort, 
shall open on signal if at least 24 hours notice is given.
    (e) The draw of the Louisiana highway bridge, mile 243.8 west of 
Harvey Canal Locks, shall open on signal when more than 50 feet vertical 
clearance is required, if at least four hours notice is given to the 
Louisiana Department of Highways, District Maintenance Engineer, at Lake 
Charles.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD 8-87-14, 53 FR 12417, Apr. 14, 1988; CGD8-90-08, 55 FR 
33691, Aug. 17, 1990; CGD8-92-27, 58 FR 12540, Mar. 5, 1993; CGD8-97-
001, 62 FR 9370, Mar. 3, 1997; CGD08-00-21, 65 FR 60361, Oct. 11, 2000; 
CGD08-02-022, 68 FR 3183, Jan. 23, 2003; CGD08-04-042, 70 FR 8516, Feb. 
22, 2005; CGD08-05-003, 70 FR 20471, Apr. 20, 2005]



Sec. 117.453  Houma Canal.

    The draw of the S3197 bridge, mile 1.7 at Houma, shall open on 
signal if at least four hours notice is given.

[CGD 08-84-06, 50 FR 1850, Jan. 14, 1985]



Sec. 117.455  Houma Navigation Canal.

    The draw of SR 661 (Houma Nav Canal) bridge, mile 36.0, at Houma, 
shall open on signal; except that, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 
6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15 p.m., from 12:45 p.m. 
to 1:15 p.m. and from 4:30 p.m. to 6 p.m.

[CGD08-05-004, 70 FR 20469, Apr. 20, 2005]



Sec. 117.457  Houston River.

    The draw of the Kansas City Southern Railroad bridge, mile 5.2 near 
Lake Charles, shall open on signal if at least 24 hours notice is given.



Sec. 117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5 
(GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne 
Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the 
Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock), 
shall open on signal; except that, from 6:30 a.m. to 8:30 a.m. and from 
3:30 p.m. to 5:45 p.m., Monday through Friday, except federal holidays, 
the draws need not open for the passage of vessels. The draws shall open 
at any time for a vessel in distress.
    (b) The draw of the US90 (Danziger) bridge, mile 3.1, shall open on 
signal; except that, from 8 p.m. to 7 a.m. the draw shall open on signal 
if at least four hours notice is given, and the draw need not be opened 
from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday.
    (c) The draw of the Leon C. Simon Blvd. (Seabrook) bridge, mile 4.6, 
shall open on signal; except that, from 7 a.m. to 8:30 a.m. and 5 p.m. 
to 6:30 p.m. Monday through Friday, the draw need not be opened.

[CGD8-89-05, 54 FR 36305, Sept. 1, 1989, as amended by CGD08-01-002, 66 
FR 27026, May 16, 2001; GCD08-03-030, 68 FR 69609, Dec. 15, 2003]



Sec. 117.459  Kelso Bayou.

    The draw of the S27 bridge mile 0.7 at Hackberry, shall operate as 
follows:
    (a) From May 20, through October 31, the draw shall open on signal 
from 7 a.m. to 7 p.m. From 7 p.m. to 7 a.m., the draw shall open on 
signal if at least four hours notice is given.
    (b) From November 1 through December 22, the draw shall open on 
signal from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the draw shall open 
on signal if at least four hours notice is given.
    (c) From December 23 through May 19, the draw shall open on signal 
if at least 24 hours notice is given.

[CGD 08-94-028, 63 FR 40654, July 30, 1998]



Sec. 117.460  La Carpe Bayou.

    The draw of the S661 bridge, mile 7.5, shall open on signal if at 
least four hours advance notice is given; except

[[Page 592]]

that, the draw need not be opened for the passage of vessels Monday 
through Friday except holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 
6 p.m.

[CGD8-90-05, 55 FR 33289, Aug. 15, 1990]



Sec. 117.461  Lacassine Bayou.

    The draws of the S14 bridge, mile 17.0, and the Southern Pacific 
railroad bridge, mile 20.4, both near Hayes, shall open on signal if at 
least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.463  Lacombe Bayou.

    The draw of the US190 bridge, mile 6.8 at Lacombe, shall open on 
signal if at least 48 hours notice is given.



Sec. 117.465  Lafourche Bayou.

    (a) The draws of the following bridges shall open on signal; except 
that, from August 15 through May 31, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 7 
a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 
p.m.:
    (1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow
    (2) Galliano Pontoon Bridge, mile 27.8, at Galliano
    (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at Galliano
    (4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff
    (5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff
    (6) SR 310 (Larose Pontoon) Bridge, mile 39.1, at Larose
    (b) The draw of the Valentine bridge, mile 44.7 at Valentine, shall 
open on signal; except that, from 6 p.m. to 6 a.m., the draw shall open 
on signal if at least four hours advance notification is given. During 
the advance notification period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in water traffic occur.
    (c) The draws of the S3220 bridge, mile 49.2 near Lockport, and the 
S655 bridge, mile 50.8 at Lockport, shall open on signal; except that, 
from 6 p.m. to 10 a.m. the draws shall open on signal if at least four 
hours notice is given. During the advance notice period, the draws shall 
open on less than four hours notice for an emergency and shall open on 
demand should a temporary surge in waterway traffic occur.
    (d) The draw of the State Route LA 654 bridge, mile 53.2 at 
Clotilda, shall open on signal if at least four hours notice is given. 
During the advance notice period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.
    (e) The draws of the S3199 bridge, mile 58.2, and the Lafourche 
Parish bridge, mile 58.7, both at Raceland, shall open on signal if at 
least six hours notice is given.
    (f) The draw of the S649 bridge, mile 66.6, shall open on signal if 
at least forty-eight hours notice is given.
    (g) The draws of the Burlington Northern Santa Fe railroad bridge, 
mile 69.0 at Lafourche, and all bridges upstream of the Burlington 
Northern Santa Fe railroad bridge need not be opened for the passage of 
vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-04-12, 50 
FR 23305, June 3, 1985; CGD8-85-17, 51 FR 2395, Jan. 16, 1986; CGD8-90-
12, 55 FR 29576, July 20, 1990; CGD8-92-28, 58 FR 11193, Feb. 24, 1993; 
CGD08-94-032, 60 FR 43374, Aug. 21, 1995; CGD08-98-064, 63 FR 55031, 
Oct. 14, 1998; USCG-2000-7223, 65 FR 40056, June 29, 2000; GCD08-04-024, 
69 FR 55749, Sept. 16, 2004; GCD08-05-049, 70 FR 76691, Dec. 28, 2005; 
CGD08-06-028, 71 FR 76603, Dec. 21, 2006]]



Sec. 117.467  Lake Pontchartrain.

    (a) The south draw of the S11 bridge near New Orleans shall open on 
signal if at least 48 hours notice is given. In case of emergency, the 
draw shall open within 12 hours and shall be kept in condition for 
immediate operation until the emergency is over.
    (b) The draw of the Greater New Orleans Expressway Commission 
Causeway shall open on signal if at least three hours notice is given; 
except that, the draw need not be opened for the passage of vessels 
Monday through Friday except Federal holidays from 5:30 a.m. to 9:30 
a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for any

[[Page 593]]

vessel in distress or vessel waiting immediately following the closures 
listed above.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-90-02, 55 FR 
13522, Apr. 11, 1990; CGD08-01-022, 66 FR 56208, Nov. 7, 2001]



Sec. 117.469  Liberty Bayou.

    The draw of the S433 bridge, mile 2.0 at Slidell, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given.



Sec. 117.471  Little Black Bayou.

    The draw of the Southern Pacific railroad bridge, mile 1.3 at 
Southdown, need not be opened for the passage of vessels.



Sec. 117.473  Little River.

    The draw of the Louisiana and Arkansas railroad bridge, mile 12.1 at 
Archie, shall open on signal if at least 12 hours notice is given.



Sec. 117.475  Little (Petit) Caillou Bayou.

    (a) The draws of the S58 bridge, mile 25.7 at Sarah, and the 
Terrebonne Parish (Smithridge) bridge, mile 26.6 near Montegut, shall 
open on signal; except that, from 9 p.m. to 5 a.m., the draws shall open 
on signal if at least 12 hours notice is given.
    (b) The draws of the Terrebonne Parish (DuPlantis) bridge, mile 29.9 
near Bourg, and the S24 bridge, mile 33.7 at Presquille, shall open on 
signal if at least four hours notice is given. The draws shall open on 
less than four hours notice for an emergency, and shall open on signal 
should a temporary surge in waterway traffic occur.

[CGD8-86-02, 51 FR 31113, Sept. 2, 1986]



Sec. 117.477  Lower Atchafalaya River.

    The draw of the St. Mary Parish bridge, mile 26.8 at Patterson, 
shall open on signal from 5 a.m. to 9 p.m. From October 1 through 
January 31 from 9 p.m. to 5 a.m., the draw shall open on signal if at 
least three hours notice is given. From February 1 through September 30 
from 9 p.m. to 5 a.m., the draw shall open on signal if at least 12 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.478  Lower Grand River.

    (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at 
Bayou Sorrel, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 7:30 a.m. and from 3 p.m. to 4:30 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel.
    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at 
Grosse Tete, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Friday except 
Federal holidays. The draw shall open on signal at any time for an 
emergency aboard a vessel.
    (c) The draw of the S997 bridge, mile 41.5 (Landside Route) at 
Pigeon, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advanced notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD8-92-16, 57 FR 57962, Dec. 8, 1992, as amended by CGD08-93-024, 59 
FR 14756, Mar. 30, 1994; CGD08-96-003, 61 FR 49064, Sept. 18, 1996]



Sec. 117.479  Macon Bayou.

    The draw of the S4 bridge, mile 44.8 near Winnsboro, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.480  Mermentau River.

    The draw of the S82 bridge, mile 7.1 at Grand Chenier, shall open on 
signal; except that, from 6 p.m. to 6 a.m. the draw shall open on signal 
if at least 4 hours notice is given. During the advance notice period, 
the draw will open on less than 4 hours notice for an emergency and will 
open on demand should a temporary surge in waterway traffic occur.

[CGD8-94-027, 60 FR 14221, Mar. 16, 1995]

[[Page 594]]



Sec. 117.482  Nezpique Bayou.

    The draw of the S97 bridge, mile 7.0 near Jennings, shall open on 
signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD8-86-04, 51 
FR 36224, Oct. 9, 1986]



Sec. 117.483  Ouachita River.

    The draws of the S8 bridge, mile 57.5 at Harrisonburg, and the US165 
bridge, mile 110.1 at Columbia, shall open on signal if at least one 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD08-01-007, 66 
FR 33472, June 22, 2001]



Sec. 117.484  Pass Manchac.

    The draw of the Canadian National/Illinois Central Railroad 
automated bridge, mile 6.7, at Manchac, operates as follows:
    (a) The draw is not constantly manned and the bridge will normally 
be maintained in the open position, providing 56 feet vertical clearance 
above mean high tide to the raised tip of the bascule span for one-half 
the channel, and unlimited vertical clearance for the other half.
    (b) Railroad track circuits will detect an approaching train and 
initiate bridge closing warning broadcasts over marine radio and over 
the Public Address (PA) system six (6) minutes in advance of the train's 
arrival. Navigation channel warning lights will be lit, and 
photoelectric (infrared) boat detectors will monitor the waterway 
beneath the bridge for the presence of vessels. The waterway approaches 
to the bridge will be monitored by closed circuit TV (CCTV) cameras.
    (c) Activation of the warning broadcasts also activates a marine 
radio monitor in the Mays Yard (New Orleans switch yard). The yardmaster 
will continuously monitor marine radio broadcasts on the normal and 
emergency marine radio channels throughout the warning period and at all 
times the bridge is closed. The yardmaster will communicate with 
waterway users via the marine radio, if necessary.
    (d) At the end of warning period, if no vessels have been detected 
by the boat detectors, and no interruptions have been performed by the 
yardmaster based on his monitoring of the marine radio and the CCTV, the 
bridge lowering sequence will automatically proceed.
    (e) Upon passage of the train, the bridge will automatically open. 
Railroad track circuits will initiate the automatic bridge opening and 
closing sequences. (Estimated duration that the bridge will remain 
closed for passage of rail traffic is 10 to 12 minutes.) The bridge will 
also be manually operable from two locked trackside control locations 
(key releases) on the approach spans, one on each side of the movable 
span.
    (f) The yardmaster will be provided with a remote EMERGENCY STOP 
button which, if pressed, will stop the bridge operation, interrupt the 
lowering sequence, and immediately return the bridge to the open 
position. The yardmaster will utilize this control feature in the event 
a vessel operator issues an urgent radio call to keep the waterway open 
for immediate passage of the vessel.

[CGD08-93-023, 59 FR 14755, Mar. 30, 1994; 59 FR 23158, May 5, 1994, as 
amended by USCG-2000-7223, 65 FR 40056, June 29, 2000]



Sec. 117.485  Patout Bayou.

    The draw of the S83 bridge, mile 0.4 near Weeks, shall open on 
signal if at least four hours notice is given.



Sec. 117.486  Pearl River.

    (a) The draw of the CSX Transportation railroad bridge, mile 1.0 
near English Lookout, shall open on signal; except that, from 9 p.m. to 
5 a.m. the draw shall open on signal if at least four hours notice is 
given.
    (b) The draw of the US 90 highway bridge, mile 8.8 near Pearlington, 
shall open on signal; except that, from 7 p.m. to 7 a.m. the draw shall 
open on signal if at least four hours notice is given.

[CGD8-92-09, 57 FR 34868, Aug. 7, 1992, as amended by USCG-1998-3799, 63 
FR 35527, June 30, 1998. Redesignated by USCG-2001-10881, 71 FR 70311, 
Dec. 4, 2006]



Sec. 117.487  Pierre Pass.

    The draw of the S70 bridge, mile 1.0 at Pierre Part, shall open on 
signal; except that, from 10 p.m. to 6 a.m., the draw shall open on 
signal if at least

[[Page 595]]

four hours notice is given. During the advance notice period, the draw 
shall open on less than four hours notice for an emergency and shall 
open on demand should a temporary surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985. Redesignated by USCG-2001-
10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.488  Plaquemine Bayou.

    (a) The draw of the S3066 (Spur) bridge, mile 6.5 at Indian Village, 
shall open on signal if at least four hours notice is given.
    (b) The draws of the Union Pacific railroad bridge, mile 10.5 at 
Plaquemine, and the S1 bridge, mile 10.5 at Plaquemine, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-01; 49 
FR 28405, July 12, 1984. Redesignated by USCG-2001-10881, 71 FR 70311, 
Dec. 4, 2006]



Sec. 117.489  Plaquemine Brule Bayou.

    (a) The draw of the Union Pacific railroad bridge, mile 5.1 near 
Midland, shall open on signal if at least 24 hours notice is given.
    (b) The draw of the S91 bridge, mile 8.0 at Estherwood, shall open 
on signal from 5 a.m. to 9 p.m. if at least four hours notice is given. 
From 9 p.m. to 5 a.m., the draw shall open on signal if at least 12 
hours notice is given.



Sec. 117.491  Red River.

    (a) The draw of the Union Pacific Railroad bridge, mile 90.1, at 
Alexandria, shall open on signal if at least eight hours notice is 
given.
    (b) The draw of the US 165 (Jackson St.) bridge, mile 88.6, at 
Alexandria, shall open on signal if at least eight hours notice is 
given; except that, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. the 
draw need not be opened Monday through Friday except holidays.
    (c) The draws of the bridges above mile 105.8 through mile 234.4 
shall open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges above mile 234.4 to mile 276 need not 
be opened for passage of vessels.
    (e) When a vessel which has given notice fails to arrive at the time 
specified in the notice, the drawtender shall remain on duty for up to 
two additional hours to open the draw if that vessel appears. After that 
time, a new notice of the appropriate length of time is required.

[CGD08-94-026, 60 FR 7123, Feb. 7, 1995, as amended by CGD08-95-024, 61 
FR 4886, Feb. 9, 1996; CGD08-96-025, 61 FR 39873, July 31, 1996; CGD8-
97-037, 62 FR 52502, Oct. 8, 1997; CGD08-00-020, 65 FR 52022, Aug. 28, 
2000]



Sec. 117.493  Sabine River.

    (a) The draw of the Union Pacific railroad bridge, mile 19.3 near 
Echo shall open on signal if at least 24 hours notice is given.
    (b) The Kansas City Southern railroad bridge, mile 36.2 near Ruliff 
and the draw of the S12 bridge, mile 40.8 at Starks, need not be opened 
for passage of vessels.

[CGD08-95-017, 61 FR 4887, Feb. 9, 1996]



Sec. 117.494  Schooner Bayou Canal.

    The draw of the S82 bridge, mile 4.0 from White Lake at Little 
Prairie Ridge, shall open on signal; except that, from 10 p.m. to 6 a.m. 
the draw shall open on signal if at least four hours notice is given. 
The draw shall open on less than four hours notice for an emergency and 
shall open on signal should a temporary surge in waterway traffic occur.

[CGD 8-85-11, 50 FR 37175, Sept. 12, 1985]



Sec. 117.495  Superior Oil Canal.

    The draw of the S82 bridge, mile 6.3, in Cameron Parish shall open 
on signal if at least 8 hours notice is given. Public vessels of the 
United States and vessels in distress shall be passed as soon as 
possible.

[CGD08-94-029, 60 FR 4561, Jan. 24, 1995]



Sec. 117.497  Stumpy Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Weeks Island, shall be removed for the passage of vessels if at least 
six days notice is given.



Sec. 117.499  Tante Phine Pass.

    The draw of the Tidewater Associated Oil Company bridge, mile 7.6 
near Venice, shall open on signal if at least 24 hours notice is given.

[[Page 596]]



Sec. 117.500  Tchefuncta River.

    The draw of the SR 22 bridge, mile 2.5 at Madisonville, shall open 
on signal; except that, from 5 a.m. to 8 p.m., the draw need open only 
on the hour and half-hour. The draw shall open on signal at any time for 
a vessel in distress or for an emergency aboard a vessel.

[CGD8-88-15, 53 FR 46871, Nov. 21, 1988]



Sec. 117.501  Teche Bayou.

    (a) The draws of the following bridges shall open on signal if at 
least four hours notice is given:
    (1) St. Mary Parish bridge, mile 3.9 at Calumet.
    (2) St. Mary Parish bridge, mile 11.8 at Centerville.
    (3) S3069 bridge, mile 16.3 at Franklin.
    (4) S322 bridge, mile 17.2 at Franklin.
    (5) S323 bridge, mile 22.3 at Oaklawn.
    (6) St. Mary Parish bridge, mile 27.0 at Baldwin.
    (7) S324 bridge, mile 32.5 at Charenton.
    (8) S670 bridge, mile 37.0 at Adeline.
    (9) St. Mary Parish bridge, mile 38.9 at Sorrel.
    (10) S671 bridge, mile 41.8 at Jeanerette.
    (11) S3182 bridge, mile 43.5 at Jeanerette.
    (12) LSU Agri bridge, mile 46.5 near Jeanerette (notice required for 
opening from 7 a.m. to 5 p.m., Monday through Friday except holidays).
    (13) S320 bridge, mile 48.7 at Olivier.
    (14) S3195 bridge, mile 50.4 at New Iberia.
    (15) S87 Spur bridge, mile 52.5 at New Iberia.
    (16) S86 bridge, mile 53.0 at New Iberia.
    (17) S3156 bridge, mile 53.3 at New Iberia.
    (18) S44 bridge, mile 56.7 at Morbihan.
    (19) Iberia Parish bridge, mile 58.0 at New Iberia.
    (20) Iberia Parish bridge, mile 60.7 at Vida.
    (21) S344 bridge, mile 62.5 at Loreauville.
    (22) S86 bridge, mile 69.0 at Daspit.
    (23) S92 bridge, mile 73.3 at St. Martinville.
    (b) The draws of the S96 bridge, mile 75.2 at St. Martinville, and 
the S350 bridge, mile 82.0 at Parks, shall open on signal if at least 24 
hours notice is given.
    (c) The draws of the S31 bridge, mile 90.5, at Breaux Bridge, and 
the Union Pacific railroad bridge, mile 91.0 at Breaux Bridge, shall 
open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges listed in paragraph (a) of this section 
shall open on less than four hours notice for an emergency during the 
advance notice period, and shall open on signal should a temporary surge 
in waterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-04, 49 
FR 35936, Sept. 13, 1984; CGD 8-85-16, 50 FR 50164, Dec. 9, 1985; CGD8-
86-09, 52 FR 3225, Feb. 3, 1987; CGD8-89-12, 54 FR 53056, Dec. 27, 1989; 
CGD08-93-015, 58 FR 43264, Aug. 16, 1993; USCG-1998-3799, 63 FR 35527, 
June 30, 1998; CGD08-03-032, 68 FR 55006, Sept. 22, 2003]



Sec. 117.503  Tensas River.

    The draws of the S15 bridge, mile 27.3 at Clayton, and the S128 
bridge, mile 61.0 at New Light, shall open on signal if at least 48 
hours notice is given.

[CGD08-04-034, 69 FR 60556, Oct. 12, 2004]



Sec. 117.505  Terrebonne Bayou.

    (a) The draw of the S58 bridge, mile 22.2 at Montegut, and the draw 
of the S55 bridge, mile 27.3 at Klondyke, shall open on signal; except 
that from 9 p.m. to 5 a.m. the draws shall open on signal if at least 
four hours notice is given.
    (b) The draw of the S3087 bridge, mile 33.9 at Houma, shall open on 
signal; except that, from 5 p.m. to 9 a.m. the draw shall open on signal 
if at least four hours notice is given.
    (c) The draws of the Howard Avenue bridge, mile 35.0, and the 
Daigleville bridge, mile 35.5, at Houma, shall open on signal; except 
that, the draws need not open for the passage of vessels Monday through 
Friday, except holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m. 
From 10 p.m. to 6 a.m., the draws shall open on signal if at least four 
hours notice is given.
    (d) During advance notice periods, the draws of the bridges listed 
in this section shall open on less than four hours notice for an 
emergency and

[[Page 597]]

shall open on signal should a temporary surge in waterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-09, 50 
FR 7586, Feb. 25, 1985; CGD8-89-02, 54 FR 27642, June 30, 1989; CGD8-89-
02, 54 FR 34769, Aug. 22, 1989; CGD8-93-03, 58 FR 29973, May 25, 1993; 
CGD08-01-003, 66 FR 52687, Oct. 17, 2001; CGD08-04-028, 69 FR 49813, 
Aug. 12, 2004]



Sec. 117.507  Tigre Bayou.

    The draw of the S330 bridge, mile 2.3 near Delcambre, shall open on 
signal if at least four hours notice is given. The draw shall open on 
less than four hours notice for an emergency and shall open on signal 
should a temporary surge in waterway traffic occur.

[CGD 8-85-08, 50 FR 52774, Dec. 26, 1985]



Sec. 117.509  Vermilion River.

    (a) The draw of the S82 bridge, mile 22.4 at Perry, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the draw shall open on signal 
if at least four hours notice is given.
    (b) The draws of the following bridges shall open on signal; except 
that, from 6 p.m. to 10 a.m. the draws shall open on signal if at least 
four hours notice is given:
    (1) S14 bridge, mile 25.4 at Abbeville.
    (2) S14 Bypass bridge, mile 26.0 at Abbeville.
    (3) Vermilion Parish bridge, mile 34.2 near Milton.
    (4) S92 bridge, mile 37.6 at Milton.
    (c) The draws of the following bridge shall open on signal if at 
least four hours notice is given:
    (1) S733, mile 41.0 at Eloi Broussard.
    (2) S3073 bridge, mile 44.9 at New Flanders.
    (3) S182 bridge, mile 49.0 at Lafayette.
    (d) During the advance notice periods, the draws of the bridges 
listed in this section shall open on less than four hours notice for an 
emergency and shall open on signal should a temporary surge in waterway 
traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-05, 49 
FR 31868, Aug. 9, 1984; CGD 8-85-13, 50 FR 40832, Oct. 7, 1985]



Sec. 117.511  West Pearl River.

    (a) The draw of the Norfolk Southern railroad bridge, mile 22.1 at 
Pearl River Station, shall open on signal if at least six hours notice 
is given.
    (b) The draw of the US 90 bridge, mile 7.9 near Pearlington, shall 
open on signal if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-03, 49 
FR 47231, Dec. 3, 1984]

                                  Maine



Sec. 117.521  Back Cove.

    The draw of the Canadian National railroad bridge, mile 0.2 at 
Portland, need not be opened for the passage of vessels. The draw shall 
be returned to operable condition within six months after notification 
from the District Commander to do so.



Sec. 117.523  Back River.

    The draw of the Maine Department of Transportation highway bridge, 
mile 4.6 between Hodgdon and Barters Island at Boothbay, shall open on 
signal from June 1 through October 31; except that, from 5 p.m. to 8 
a.m., the draw shall be opened on signal if notice was given to the 
drawtender from 8 a.m. to 5 p.m. From November 1 through May 31 the draw 
shall open on signal if at least 24 hours notice is given to the 
drawtender or to the Maine Department of Transportation at Augusta.



Sec. 117.525  Kennebec River.

    (a) The draw of the Carlton Bridge, mile 14.0, between Bath and 
Woolwich shall operate as follows:
    (1) From May 15 through September 30 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal if a 
two-hour notice is given by calling the number posted at the bridge.
    (2) From October 1 through May 14 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal after 
a twenty-four hours notice is given and from 8 a.m. to 5 p.m., on 
Saturday and Sunday, after an eight-hour notice is given by calling the 
number posted at the bridge.
    (b) The draw of the Route-197 bridge, mile 27.1, between Richmond 
and Dresden shall open on signal from June 1 through September 30, from 
9 a.m. to 5 p.m. From 5 p.m. to 9 a.m., the draw shall open on signal 
after notice is given to the drawtender while the

[[Page 598]]

drawtender is on duty between 9 a.m. and 5 p.m. From October 1 through 
May 31, the draw shall open on signal after at least a twenty-four-hour 
advance notice is given to the Maine Department of Transportation 
Division Office in Rockland, Maine.

[CGD1-89-077, 55 FR 11182, Mar. 27, 1990 as amended by CGD1 92-002, 57 
FR 24190, June 8, 1992; CGD01-98-174, 64 FR 61521, Nov. 12, 1999; CGD01-
00-193, 66 FR 9202, Feb. 7, 2001]



Sec. 117.527  Kennebunk River.

    The Dock Square drawbridge at mile 1.0, across the Kennebunk River, 
between Kennebunk and Kennebunkport, Maine, need not open for vessel 
traffic. The owners of the bridge shall provide and keep in good legible 
condition, two board gages in accordance with 33 CFR 118.160, of this 
chapter.

[CGD01-99-024, 64 FR 60673, Nov. 8, 1999]



Sec. 117.529  Narraguagus River.

    The draw of the highway bridge, mile 1.8 at Milbridge, shall open on 
signal if at least 24 hours notice is given to the Maine State Highway 
Commission, Division Office at Ellsworth.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.531  Piscataqua River.

    (a) The following requirements apply to all bridges across the 
Piscataqua River:
    (1) Public vessels of the United States, commercial vessels over 100 
gross tons, inbound ferry service vessels and inbound commercial fishing 
vessels must be passed through the drawspan of each drawbridge as soon 
as possible. The opening signal from these vessels is four or more short 
blasts of a whistle, horn or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 18 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraphs (b) through (c) of this section 
the draws shall open on signal.
    (b) The draw of the Memorial (US 1) bridge, mile 3.5, shall open on 
signal; except that from 15 May through 31 October, from 7 a.m. to 7 
p.m., the draw need be opened only on the hour and half hour for 
recreational vessels and commercial vessels less than 100 gross tons 
except as provided in (a)(1).
    (c) The draw of the Sarah M. Long (Route 1 Bypass) bridge, mile 4.0, 
shall open as follows:
    (1) The main ship channel draw shall open on signal; except that 
from 15 May through 31 October, from 7 a.m. to 7 p.m., the draw need be 
opened only at quarter of and quarter after the hour for recreational 
vessels and commercial vessels less than 100 gross tons except as 
provided in (a)(1).
    (2) The secondary recreation draw shall be left in the fully open 
position from 15 May through 31 October except for the crossing of a 
train in accordance with (a)(3) above.

[CGD1-89-111, 55 FR 13275, Apr. 10, 1990, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.533  Sheepscot River.

    The draw of the Maine Central Railroad Bridge, mile 15.0, between 
Wiscasset and North Edgecombe, Maine, need not be opened for the passage 
of vessels. The draw of the Maine Central Railroad Bridge shall be 
returned to operable condition within six months after notification by 
the District Commander to do so.

[CGD01-97-128, 63 FR 18323, Apr. 15, 1998]



Sec. 117.537  Townsend Gut.

    The draw of the Southport (SR27) Bridge, at mile 0.7, across 
Townsend Gut between Boothbay Harbor and Southport, Maine shall open on 
signal; except that, from April 29 through September 30, between 6 a.m. 
and 6 p.m., the draw shall open on signal on the hour and half hour 
only, after an opening request is given.

[CGD01-06-019, 71 FR 47098, Aug. 16, 2007]

[[Page 599]]

                                Maryland



Sec. 117.541  Baltimore Harbor--Patapsco River.

    (a) The draw of the Hanover Street S2 bridge, mile 12.0 across the 
Middle Branch of the Patapsco River at Baltimore, shall open on signal 
from 5 a.m. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 p.m. to 9:00 p.m. 
The draw need not be opened from 6:30 a.m. to 9:30 a.m. and 4 p.m. to 6 
p.m.; however, fire boats, police boats, and other vessels engaged in 
emergency operations shall be passed immediately during this period. 
When a vessel desires to pass the draw from 9 p.m. to 5 a.m., notice 
shall be given to the superintendent of the bridge, either at the bridge 
before 9 p.m. or at the superintendent's residence after 9 p.m. If the 
notice is given from 5 a.m. to 9 p.m. or if at least one half hour has 
elapsed since the notice was given, the draw shall open promptly at the 
time requested.
    (b) The draw of the Western Maryland railroad bridge, mile 12.5 
across the Middle Branch of the Patapsco River at Baltimore, shall open 
on signal from 7 a.m. to 12 noon and 1 p.m. to 4 p.m. Monday through 
Friday except legal holidays. At all other times, the draw shall open if 
at least six hours notice is given. Marine firefighting equipment and 
pollution control vessels shall be passed as soon as possible but in no 
event more than 15 minutes after notice is given.



Sec. 117.543  Bear Creek.

    (a) The draws of the Baltimore County Revenue Authority (Dundalk 
Avenue) highway toll bridge, mile 1.5, and the Peninsula Parkway bridge, 
mile 2.1, both between Dundalk and Sparrows Point, shall open on signal; 
except that, from April 16 through November 15 from 12 midnight to 8 
a.m. except Saturdays, Sundays, and Federal and State holidays, at least 
one half hour notice is required.
    (b) The draw of the Baltimore County highway bridge, mile 3.4 at 
Wise Avenue between Dundalk and Sparrows Point, shall open on signal if 
at least four hours notice is given.



Sec. 117.547  Bush River.

    The draw of the Amtrak bridge, mile 6.8 at Perryman, operates as 
follows:
    (a) When notice under paragraph (b) of this section is given, the 
draw shall open twice a day--
    (1) From May 1 through September 30, on each Saturday, Sunday, and 
Federal holiday falling on a Friday or a Monday; and
    (2) In October, on the Saturday and Sunday of one weekend.
    (b) Notice of the need for an opening is given to the Amtrak 
Assistant Transportation Superintendent at 301-291-4278 by an authorized 
representative of the Bush River Yacht Club by noon on the Friday just 
preceding the day of opening or, if that Friday is a Federal holiday, by 
noon on the preceding Thursday.
    (c) Amtrak determines the times for openings and shall schedule the 
times--
    (1) During daylight hours;
    (2) Six to ten hours apart; and
    (3) One opening before noon and one after noon.
    (d) Amtrak shall notify a representative of the Yacht Club of the 
times of all openings for the weekend (or extended weekend) in question 
by 6 p.m. on the Friday just preceding the weekend or, if that Friday is 
a Federal holiday, by 6 p.m. on the preceding Thursday.
    (e) Each opening shall be of sufficient duration to pass waiting 
vessels.

[CGD 5-85-01, 50 FR 18480, May 1, 1985]



Sec. 117.549  Cambridge Harbor.

    The draw of the S342 bridge, mile 0.1 at Cambridge, shall open on 
signal from 6 a.m. to 8 p.m.; except that, from 12 noon to 1 p.m. Monday 
through Friday, the draw need not be opened. The draw need not be opened 
from 8 p.m. to 6 a.m.



Sec. 117.551  Chester River.

    The draw of the S213 bridge, mile 26.8 at Chestertown, shall open on 
signal from April 1 though September 30 from 6 a.m. to 6 p.m. At all 
other times, the draw shall open on signal if at least six hours notice 
is given.

[[Page 600]]



Sec. 117.553  Choptank River.

    (a) The draw of the Maryland 331 bridge, mile 35.3, at Dover, shall 
open on signal from 6 a.m. to 6 p.m., year-round, and the draw shall 
remain closed from 6 p.m. to 6 a.m., year-round, unless 24 hours advance 
notice is given by calling (301) 820-8592 or (301) 745-2096.
    (b) The draw of the Conrail bridge, mile 50.9 at Denton, shall open 
on signal from May 30 through September 30 from sunrise to sunset and at 
all other times if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-90-059, 55 
FR 35622, Aug. 31, 1990]



Sec. 117.555  College Creek.

    The draws of the Naval Academy highway bridge, mile 0.3 at 
Annapolis, and the Maryland highway bridge, mile 0.4 at Annapolis, need 
not be opened for the passage of vessels.



Sec. 117.557  Curtis Creek.

    The draw of the I695 bridge, mile 0.9 at Baltimore, shall open on 
signal if at least a one-hour notice is given to the Maryland 
Transportation Authority in Baltimore.



Sec. 117.559  Isle of Wight Bay.

    The draw of the US50 bridge, mile 0.5, at Ocean City, shall open on 
signal; except that, from October 1 through April 30 from 6 p.m. to 6 
a.m., the draw shall open if at least three hours notice is given and 
from May 25 through September 15 from 9:25 a.m. to 9:55 p.m. the draw 
shall open at 25 minutes after and 55 minutes after the hour for a 
maximum of five minutes to let accumulated vessels pass, except that, on 
Saturdays from 1 p.m. to 5 p.m., the draw shall open on the hour for all 
waiting vessels and shall remain in the open position until all waiting 
vessels pass.

[CGD05-97-013, 62 FR 38909, July 21, 1997]



Sec. 117.561  Kent Island Narrows.

    The draw of the U.S. Route 50/301 bridge, mile 1.0, Kent Island 
Narrows, operates as follows:
    (a) From November 1 through April 30, the draw shall open on signal 
from 6 a.m. to 6 p.m. but need not be opened from 6 p.m. to 6 a.m.
    (b) From May 1 through October 31, the draw shall open on signal on 
the hour and half-hour from 6 a.m. to 9 p.m., but need not be opened 
from 9 p.m. to 6 a.m.
    (c) The draw shall open on signal for public vessels of the United 
States, state and local government vessels used for public safety 
purposes, and vessels in distress. Operational information will be 
available 24 hours a day by calling 1-800-543-2515.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-87-055, 53 
FR 9888, Mar. 28, 1988; CGD05-05-019, 70 FR 38595, July 5, 2005]



Sec. 117.563  Marshyhope Creek.

    The draw of the S14 bridge, mile 5.8 at Brookview, need not be 
opened for the passage of vessels. The operating machinery shall be 
maintained in a serviceable condition.



Sec. 117.565  Miles River.

    The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland, 
shall open on signal; except that from November 1 through March 31, 24 
hours a day, and from April 1 through October 31, from 6 p.m. to 6 a.m., 
a six-hour advance notice to the drawtender is required for bridge 
openings.

[CGD05-99-003, 64 FR 61209, Nov. 10, 1999]



Sec. 117.567  Patuxent River.

    The draw of S231 bridge, mile 18.5 at Benedict, shall open on 
signal; except that, from 6 p.m. to 6 a.m., the draw shall open on 
signal if notice is given to the Toll Captain at the Administration 
Building at the east end of the bridge before 6 p.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.569  Pocomoke River.

    (a) The Conrail railroad bridge, mile 15.2, at Pocomoke City, shall 
open on signal, except between November 1 and March 31 the draw must 
open only if at least five hours advance notice is given.
    (b) The draw of the Route 675 bridge, mile 15.6, at Pocomoke City, 
shall open on signal, except between November 1 and March 31 the draw 
must open only

[[Page 601]]

if at least five hours advance notice is given.
    (c) The draw of the S12 bridge, mile 29.9, at Snow Hill, shall open 
on signal if at least five hours advance notice is given.

[CGD5-87-063, 53 FR 16548, May 10, 1988]



Sec. 117.570  Sassafras River.

    The draw of the Sassafras River (Route 213) bridge, mile 10.0 at 
Georgetown, Maryland, shall open on signal; except that from November 1 
through March 31, from midnight to 8 a.m., the draw need only open if at 
least a six-hour advance notice is given.

[CGD05-99-006, 64 FR 61207, Nov. 10, 1999]



Sec. 117.571  Spa Creek.

    The S181 bridge, mile 4.0, at Annapolis, Maryland:
    (a) From May 1 to October 31, Monday through Friday, except Federal 
and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 7:30 p.m., except the draw shall open at 6:00 p.m. and 
7:00 p.m. for any vessels waiting to pass.
    (2) The draw shall open on the hour and the half-hour, from 9:00 
a.m. to 4:30 p.m.
    (3) The draw shall open on the hour and half hour, from 7:30 p.m. to 
7:30 a.m.
    (b) From November 1 to April 30, Monday through Friday, except 
Federal and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 6:00 p.m.
    (2) The draw shall open on signal from 9:00 a.m. to 4:30 p.m. and 
from 6:00 p.m. to 7:30 a.m.
    (c) On Saturdays, Sundays, and holidays year-round, the draw shall 
open on the hour and half-hour for vessels waiting to pass. Except on 
July 4th of every year from 8:30 p.m. to 11 p.m., the draw need not open 
for vessels, and in the event of inclement weather, the alternate date 
is July 5th.
    (d) The drawspan must always open on signal for public vessels of 
the United States.

[CGD5-90-002, 55 FR 4604, Feb. 9, 1990, as amended by CGD05-94-08, 59 FR 
44316, Aug. 29, 1994; CGD05-04-052, 69 FR 63066, Oct. 29, 2004; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.573  Stoney Creek.

    The draw of the Stoney Creek (S173) bridge, mile 0.9, in Riviera 
shall open on signal, except:
    (a) From 6:30 a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m., Monday 
through Friday except Federal and State holidays, the draw need be 
opened only at 7:30 a.m. and 5 p.m. if any vessels are waiting to pass.
    (b) From 11 a.m. to 7 p.m. on Saturday and from 12 p.m. to 5 p.m. on 
Sunday, the draw need be opened only on the hour and half hour.
    (c) Public vessels of the United States must be passed as soon as 
possible.

[CGD5-92-012, 57 FR 14643, Apr. 22, 1992, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.575  Susquehanna River.

    The draw of the Conrail bridge, mile 1.0 at Havre de Grace, shall 
open on signal if at least 24 hours notice is given.



Sec. 117.577  Weems Creek.

    The draw of the S437 bridge, mile 0.7 at West Annapolis, shall open 
on signal from sunrise to sunset from May 1 through September 30. At all 
other times, the draw shall open on signal if at least five hours notice 
is given.



Sec. 117.579  Wicomico River (North Prong).

    The draws of the Main Street and US 50 bridges, mile 22.4, 
Salisbury, Maryland shall open on signal, except from 7 a.m. to 9 a.m., 
from 12 noon to 1 p.m., and from 4 p.m. to 6 p.m., the draw need not be 
opened for the passage of vessels, except for tugs with tows, if at 
least three hours of advance notice is given, and the reason for passage 
through the bridges during a closure

[[Page 602]]

period is due to delay caused by inclement weather or other emergency or 
unforeseen circumstances.

[CGD05-94-116, 60 FR 32267, June 21, 1995]

                              Massachusetts



Sec. 117.585  Acushnet River.

    (a) The drawspan will be opened promptly, provided proper signal is 
given, on the following schedule:
    (1) On the hour between 6:00 a.m. and 10:00 a.m. inclusive;
    (2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m. 
inclusive.
    (3) At all other times on call.
    (b) The draw will be opened at any time for vessels whose draft 
exceeds 15 feet, for vessels owned or operated by the U.S. Government, 
the State of Massachusetts, or by local authorities.
    (c) Each opening of the draw, from the time vehicular traffic flow 
is stopped until the flow resumes, shall not exceed 15 minutes except 
for vessels whose draft exceeds 15 feet or in extraordinary 
circumstances.
    (d) From 6 p.m. on December 24 to midnight on December 25 and from 6 
p.m. on December 31 to midnight on January 1, the draw shall open on 
signal if at least a two-hour notice is given by calling the number 
posted at the bridge.

[CGD 1-84-10R, 49 FR 36841, Sept. 20, 1984, as amended by CGD01-00-135, 
65 FR 38207, June 20, 2000]



Sec. 117.586  Annisquam River and Blynman Canal.

    The draw of the Blynman (SR127) Bridge shall open on signal, except 
that, from noon to 6 p.m. on Thanksgiving Day, 6 p.m. on December 24 to 
midnight on December 25, and from 6 p.m. on December 31 to midnight on 
January 1, the draw shall open on signal if at least a two-hour advance 
notice is given by calling the number posted at the bridge.

[CGD01-04-096, 69 FR 67058, Nov. 16, 2004]



Sec. 117.587  Apponagansett River.

    (a) The draw of the Padanaram Bridge mile 1.0 shall open on signal 1 
May through 31 October from 5 a.m. to 9 p.m. daily as follows:
    (1) The bridge shall open on signal, twice an hour, on the hour and 
the half hour between 5 a.m. and 9 a.m. and between 8 p.m. and 9 p.m.
    (2) The bridge shall open on signal, once an hour, on the hour 
between 9 a.m. and 8 p.m.
    (b) At all other times the bridge shall open if at least four (4) 
hours advance notice is given.
    (c) The owners of this bridge shall provide and maintain mooring 
facilities for vessels to make fast while waiting for the bridge to 
open.
    (d) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of section 118.160 of this chapter.

[CGD01-95-008, 60 FR 29761, June 6, 1995]



Sec. 117.588  Bass River.

    The Hall Whitaker Bridge, mile 0.6 at Beverly, shall operate as 
follows:
    (a) Public vessels of the United States must be passed as soon as 
possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (c) That the drawspan for the Hall Whitaker Drawbridge must open on 
signal if at least 24 hours notice is given.

[CGD1-91-015, 56 FR 41460, Aug. 21, 1991, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.589  Cape Cod Canal.

    The draw of the Conrail railroad bridge, mile 0.7 at Bourne, shall 
operate as follows:
    (a) The draw is normally in the fully open position except for the 
passage of trains or for maintenance. No signal is required if the draw 
is in the fully open position.
    (b) If the draw is not in the fully open position, the opening 
signal is one prolonged and one short blast.
    (c) Signals to be sounded from the bridge are--

[[Page 603]]

    (1) Immediately preceding the opening of the draw, one prolonged 
blast;
    (2) Immediately preceding the closing of the draw, two prolonged 
blasts;
    (3) When a vessel has sounded the opening signal and the draw cannot 
be opened immediately, five short blasts in a rapid succession; and
    (4) When the draw is closed and visibility is reduced in foggy 
weather, five short blasts in rapid succession every two minutes.



Sec. 117.591  Charles River and its tributaries.

    (a) The following requirements apply to all bridges across the 
Charles River and it's tributaries:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay at any time. The 
opening signal from these vessels is four or more short blasts of a 
whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraph (b) through (f) of this section, 
the draws shall open on signal.
    (b) The draw of the Charlestown Bridge, mile 0.4 at Boston, need not 
be opened for the passage of vessels.
    (c) The draw of the Massachusetts Bay Transportation Authority 
(MBTA/Amtrak Bridge, mile 0.8, at Boston, shall open on signal; except 
that from 6:15 a.m. to 9:10 a.m. and 4:15 p.m. to 6:30 p.m., Monday 
through Friday, except holidays, the draw need not be opened for the 
passage of vessels, except as stated in paragraph (a)(1) of this 
section.
    (d) The draw of the Massachusetts Bay Transportation Authority (East 
Cambridge Viaduct) railroad Bridge, mile 1.0 at Boston, need not be 
opened for the passage of vessels. However, the operating machinery of 
the draw shall be maintained in an operable condition.
    (e) The draw of the Metropolitan District Commission (Craigie) 
Bridge, mile 1.0 at Boston, shall operate as follows:
    (1) Open on signal; except that from 6:15 a.m. to 9:10 a.m. and 3:15 
p.m. to 6:30 p.m., Monday through Friday, except holidays, the draw need 
not open for the passage of vessels, except as stated in paragraph 
(a)(1) of this section.
    (2) From December 1 to March 31, the draw shall open on signal after 
a 24 hour advance notice is given.
    (3) From midnight to 8 a.m., April, May, October, and November, the 
draw shall open on signal after at least an eight-hour advance notice is 
given.
    (f) The draws of the bridges across Broad Canal, mile 0.0, need not 
open for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.

[CGD1 91-141, 57 FR 30405, July 9, 1992, as amended by CGD01-02-026, 68 
FR 59116, Oct. 14, 2003]



Sec. 117.593  Chelsea River.

    All drawbridges across the Chelsea River shall open on signal. The 
opening signal for each drawbridge is two prolonged blasts followed by 
two short blasts and one prolonged blast. The acknowledging signal is 
three prolonged blasts when the draw can be opened immediately and is 
two prolonged blasts when the draw cannot be opened or is open and must 
be closed.



Sec. 117.595  Danvers River.

    (a) The requirements in this paragraph apply to all bridges across 
the Danvers River:
    (1) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches

[[Page 604]]

high, designed, installed, and maintained according to the provisions of 
Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (b) The draw of the Massachusetts Bay Transportation Authority 
(MBTA)/AMTRAK Bridge, at mile 0.05, between Salem and Beverly, shall 
open on signal; except that, from midnight to 5 a.m., daily, and on 
December 25 and January 1, the draw shall open as soon as possible, but 
not more than one hour after notice is given to the drawtenders either 
at the bridge during the time the drawtenders are on duty or by calling 
the number posted at the bridge.
    (c) The Kernwood Bridge, at mile 1.0, shall operate as follows:
    (1) From May 1 through September 30, midnight to 5 a.m., and from 
October 1 through April 30, 7 p.m. to 5 a.m., draw shall open on signal 
after at least a one-hour advance notice is given by calling the number 
posted at the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day and all day on Christmas 
and New Years Day, the draw shall open on signal after at least a one-
hour advance notice is given by calling the number posted at the bridge.

[CGD01-99-148, 64 FR 46275, Aug. 25, 1999, as amended by CGD01-04-096, 
69 FR 67058, Nov. 16, 2004]



Sec. 117.597  Dorchester Bay.

    The draw of the of the William T. Morrisey Boulevard Bridge, mile 
0.0, at Boston, shall operate as follows:
    (a) From 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through 
Friday, except holidays, the draw need not open for the passage of 
vessel traffic.
    (b) The draw shall open on signal from April 16 through May 31, from 
8 a.m. through midnight, except as provided in paragraph (a) of this 
section. From midnight through 8 a.m. at least an eight-hour advance 
notice is required for bridge openings.
    (c) The draw shall open on signal at all times from June 1 through 
September 30, except as provided in paragraph (a) of this section.
    (d) The draw shall open on signal from October 1 through October 14, 
8 a.m. through midnight, except as provided in paragraph (a) of this 
section. From midnight through 8 a.m. at least an eight-hour advance 
notice is required for bridge openings.
    (e) The draw shall open on signal from October 15 through April 15, 
after at least a 24 hours notice is given, except as provided in 
paragraph (a) of this section.

[CGD01-02-026, 68 FR 59116, Oct. 14, 2003]



Sec. 117.598  Eel Pond Channel.

    The following requirements apply to the draw of Eel Pond (Water 
Street) drawbridge at mile 0.0 at Falmouth, Massachusetts.
    (a) The draw shall open at all times as soon as possible for a 
public vessels of the United States, State or local vessels used for 
public safety, and vessels in distress. The opening signal for these 
vessels shall be four or more short blast of a whistle, horn, or radio 
request.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.
    (c) The draw shall operate as follows:
    (1) On signal from October 15 through May 14, from 8 a.m. to 5 p.m. 
except as provided in paragraph (c)(3)(i) of this section.
    (2) Need open on signal only on the hour and half hour as follows:
    (i) From May 15 through June 14 and from September 16 through 
October 14, from 7 a.m. to 7 p.m.
    (ii) From June 15 through September 15, from 6 a.m. to 9 p.m.
    (3) The draw shall open on signal if at least 8 hours advance notice 
is given:
    (i) At all times on Christmas, New Years, Easter and all Sundays in 
January and February.

[[Page 605]]

    (ii) At all other times not stipulated in paragraphs (c)(1) and 
(c)(2) of this section.

[CGD1 90-024, 55 FR 20263, May 16, 1990]



Sec. 117.599  Fort Point Channel.

    The draw of the Northern Avenue Bridge, mile 0.1, at Boston, shall 
operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (b) From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.

[CGD01-00-234, 66 FR 10817, Feb. 20, 2001]



Sec. 117.600  Lagoon Pond.

    The draw of the Lagoon Pond Bridge, mile 0.0 in Tisbury, 
Massachusetts, shall operate as follows:
    (a) The draw shall open on signal from May 15 through September 15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15 p.m. 
to 4 p.m., from 5 p.m. to 5:45 p.m., and from 7:30 p.m. to 8 p.m. At all 
other times the draw will open for the passage of vessels if at least 
four (4) hours advance notice is given by calling the number posted at 
the bridge.
    (b) The draw shall open on signal from September 16 through May 14 
if at least a twenty-four (24) hours advance notice is given by calling 
the number posted at the bridge.
    (c) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of section 118.160 of this chapter.

[CGD01-95-001, 60 FR 51729, Oct. 3, 1995]



Sec. 117.601  Malden River.

    The draw of the S16 bridge, mile 0.3 between Medford and Everett, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.603  Manchester Harbor.

    The Massachusetts Bay Transportation Authority Bridge at mile 1.0 in 
Manchester, shall operate as follows:
    (a) The draw shall open on signal--
    (1) From Memorial Day through September 30 from 7 a.m. to 11 p.m.;
    (2) From April 1 to Memorial Day and from October 1 to November 1 
from 9 a.m. to 1 p.m. and 2 p.m. to 6 p.m.
    (b) At all other times, the draw shall open on signal with at least 
four hours notice.
    (c) The owner of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained in accordance 
with the provisions of section 118.160 of this chapter.

[CGD01-97-022, 62 FR 50509, Sept. 26, 1997]



Sec. 117.605  Merrimack River.

    (a) The draw of the Newburyport US1 Bridge, mile 3.4, shall operate 
as follows:
    (1) From May 1 through November 15, from 6 a.m. to 10 p.m., the draw 
shall open on signal; except that, from Memorial Day through Labor Day, 
from 6 a.m. to 10 p.m., the draw shall open on signal only on the hour 
and half hour.
    (2) At all other times the draw shall open on signal after at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (b) The draw of the Boston and Maine railroad bridge, mile 3.4 at 
Newburyport, is normally maintained in the fully open position. When the 
draw is in the closed position, a drawtender shall be on duty and the 
draw shall open on signal.
    (c) The drawspans for the Massachusetts Department of Public Works 
drawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and 
Groveland Drawbridge, mile 16.5 at Groveland, must open on signal if at 
least two hours notice is given. Public vessels of the United States 
must be

[[Page 606]]

passed through the drawspans as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD01-94-094, 60 
FR 58518, Nov. 28, 1995; CGD01-99-029, 65 FR 24640, Apr. 27, 2000; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.607  Mitchell River.

    The Chatham Highway Bridge, at mile 0.2, at Chatham, Massachusetts, 
shall operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 8 a.m. to 5 p.m., if at least one-hour notice is given and from 5 
p.m. to 8 a.m. the draw shall open on signal if at least 12-hours notice 
is given by calling the Chatham Harbormasters Department.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least a 24-hours advance notice is given by calling the Chatham 
Harbormasters Department.

[CGD01-05-006, 70 FR 32235, June 2, 2005]



Sec. 117.609  Mystic River.

    (a) The draw of the S99 Alford Street Bridge, mile 1.4, shall open 
on signal; except that, Monday through Saturday, excluding holidays, the 
draw need not open for the passage of vessel traffic from 7:45 a.m. to 9 
a.m., 9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m., daily. From November 1 
through March 31, between 3 p.m. and 7 a.m., at least an eight-hour 
advance notice is required for bridge openings by calling the number 
posted at the bridge.
    (b) The draw of the Wellington Bridge, mile 2.5, need not open for 
the passage of vessel traffic.

[CGD01-02-020, 67 FR 63261, Oct. 11, 2002]



Sec. 117.611  Neponset River.

    The Granite Avenue Bridge, mile 2.5, between Boston and Milton, 
Massachusetts, shall operate as follows:
    (a) The draw of the Granite Avenue Bridge shall open on signal from 
May 1 through October 31; 6 a.m. to 12 midnight. At all other times the 
draw shall open on signal if at least one hour advance notice is given 
by calling the number posted at the bridge.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of Sec. 118.160 of this chapter.

[CGD01-94-087, 60 FR 54432, Oct. 24, 1995]



Sec. 117.613  North River.

    The draw of the Plymouth County (Bridge Street) Bridge, mile 4.0, at 
Norwell, shall open on signal from May 1 through October 31 if at least 
four hours notice is given. From November 1 through April 30, the draw 
shall open on signal if at least 24 hours notice is given.

[CGD01-97-126, 63 FR 18323, Apr. 15, 1998]



Sec. 117.615  Plum Island River.

    The draw of the Plum Island Turnpike Bridge, mile 3.3 between 
Newburyport and Plum Island, shall operate as follows:
    (a) From April 1 through November 30, 5 a.m. to 9 p.m., the draw 
shall open on signal if at least one hour advance notice is given by 
calling the number posted at the bridge. At all other times the draw 
shall open on signal if at least three hours advance notice is given.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high, designed, installed and maintained according to 
the provisions of Sec. 118.160 of this chapter.

[CGD01-94-057, 60 FR 54431, Oct. 24, 1995]



Sec. 117.618  Saugus River.

    (a) The following requirements apply to all bridges across the 
Saugus River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible at any time. The opening signal 
from these vessels is four or more short blasts of a whistle or horn or 
a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges with figures not less than 12 inches 
high designed, installed and maintained according to provisions of Sec. 
118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed seven

[[Page 607]]

minutes. However, if a train moving toward the bridge has crossed the 
home signal for the bridge before the signal requesting opening of the 
bridge is given, the train may continue across the bridge and must clear 
the bridge interlocks before stopping.
    (b) The draw of the General Edwards SR1A Bridge, mile 1.7, between 
Revere and Lynn, shall open on signal; except that, from April 1 through 
November 30, from midnight through 8 a.m. at least an eight-hour advance 
notice is required for bridge openings, and at all times from December 1 
through March 31, at least an eight-hour advance notice is required for 
bridge openings.
    (c) The Fox Hill (SR107) Bridge, at mile 2.5, shall operate as 
follows:
    (1) The draw shall open on signal, except that, from October 1 
through May 31, from 7 p.m. to 5 a.m., the draw shall open after at 
least a one-hour advance notice is given by calling the number posted at 
the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day, and all day on 
Christmas, and New Years Day, the draw shall open on signal after at 
least a one-hour advance notice is given by calling the number posted at 
the bridge.

[CGD1 91-004, 56 FR 60064, Nov. 27, 1991, as amended by CGD01-94-150, 60 
FR 51730, Oct. 3, 1995; GD01-02-026, 68 FR 59116, Oct. 14, 2003; CGD01-
04-096, 69 FR 67058, Nov. 16, 2004]



Sec. 117.619  Taunton River.

    (a) The owners of the Brightman Street and Bristol County bridges 
shall provide and keep in good legible condition clearance gauges for 
each draw with figures not less than twelve inches high, designed, 
installed, and maintained according to the provisions of Sec. 118.160 
of this chapter.
    (b) The Brightman Street Bridge, at mile 1.8, between Fall River and 
Somerset, shall open on signal, except that:
    (1) From June 1 through August 31, the draw need not open for the 
passage of pleasure craft, 7 a.m. to 9:30 a.m. and 4 p.m. to 6:30 p.m., 
Monday through Friday, except holidays. The draw shall open on signal 
for commercial vessel traffic at all times.
    (2) From November 1 through March 31, between 6 p.m. and 6 a.m. 
daily, the draw shall open if at least a one-hour advance notice is 
given by calling the number posted at the bridge.
    (3) From 6 p.m. on December 24 to midnight on December 25, and from 
6 p.m. on December 31 to midnight on January 1, the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (c) The Bristol County Bridge, mile 10.3, shall open on signal if at 
least twenty-four hours' notice is given by calling the number posted at 
the bridge.

[CGD01-97-098, 63 FR 70662, Dec. 22, 1998, as amended by CGD01-00-135, 
65 FR 38207, June 20, 2000; CGD01-04-143, 70 FR 15767, Mar. 29, 2005]



Sec. 117.620  Westport River--East Branch.

    The Westport Point Bridge, mile 1.2 at Westport, shall operate as 
follows:
    (a) Public vessels of the United States must be passed as soon as 
possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed, and maintained, according to the 
provisions of Sec. 118.160 of this chapter.
    (c) That the drawspan for the Westport Point Drawbridge, mile 1.2 at 
Westport, must open on signal if at least 24 hours notice is given.

[CGD1-91-014, 56 FR 41462, Aug. 21, 1991, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.621  Fore River.

    The draw of the Quincy Weymouth SR3A bridge, mile 3.5 between Quincy 
Point and North Weymouth, Massachusetts, shall open on signal, except 
that:
    (a) From 6:30 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m., Monday 
through Friday, except holidays observed in the locality, the draw need 
not be opened.
    (b) The draw shall open on signal at all times for self-propelled 
vessels greater than 10,000 gross tons.
    (c) From noon to 6 p.m. on Thanksgiving Day, from 6 p.m. on December 
24 to midnight on December 25, and from 6 p.m. on December 31 to 
midnight on January 1, the draw shall open on signal after at least a 
two-hour advance

[[Page 608]]

notice is given by calling the number posted at the bridge.

[CGD01-94-159, 60 FR 2688, Jan. 11, 1995, as amended by CGD01-00-135, 65 
FR 38207, June 20, 2000; CGD01-04-096, 69 FR 67058, Nov. 16, 2004]



Sec. 117.622  West Bay

    The draw of the West Bay Bridge, mile 1.2, at Osterville, shall 
operate as follows:
    (1) From November 1 through April 30, the draw shall open on signal 
if at least a twenty-four hours advance notice is given.
    (2) From May 1 through June 15, the draw shall open on signal from 8 
a.m. to 6 p.m.
    (3) From June 16 through September 30, the draw shall open on signal 
from 7 a.m. to 9 p.m.
    (4) From October 1 through October 31, the draw shall open on signal 
from 8 a.m. to 6 p.m.
    (5) At all other times from May 1 through October 31, the draw shall 
open on signal if at least a four-hours advance notice is given by 
calling the number posted at the bridge.

[CGD01-01-038, 66 FR 46525, Sept. 6, 2001]

                                Michigan



Sec. 117.624  Black River (South Haven).

    The draw of the Dyckman Avenue bridge, mile 1.9 at South Haven, 
shall open as follows:
    (a) From May 1 through October 14--
    (1) From 7 a.m. to 11 p.m., seven days a week the draw need open 
only on the hour and half-hour; however, Mondays through Fridays the 
draw need not open at 12 noon and 1 p.m. Commercial vessels shall be 
passed through the draw of this bridge as soon as possible even though 
this regulated period is in effect.
    (2) From 11 p.m. to 7 a.m., no bridgetender is required to be in 
continuous attendance at the bridge and the draw shall open on signal 
for commercial vessels and pleasure craft if at least a three hour 
advance notice is given.
    (b) From October 15 through April 30, the draw shall open on signal 
for the passage of commercial vessels and pleasure craft if at least a 
twelve hour advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CGD 09 85-21, 51 FR 13219, Apr. 18, 1986]



Sec. 117.625  Black River.

    (a) For all drawbridges across the Black River, notice requesting 
the opening of a draw may be given to the dispatcher of the Port Huron 
Police Department. Public vessels of the United States, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through each drawbridge on the river as soon as possible.
    (b) The draws of the Military Street bridge, mile 0.3, and Seventh 
Street bridge, mile 0.5, both at Port Huron, shall open on signal; 
except that, from May 1 through October 31 from 9 a.m. to 5:30 p.m. 
Monday through Saturday except Federal holidays, the draw need be opened 
only on the hour and half hour and, from November 1 through November 30 
and April 1 through April 30 from 4 p.m. to 8 a.m., the draw shall open 
if at least three hours notice is given. From December 1 through March 
31, the draw shall open if at least 24 hours notice is given.
    (c) The draw of the Tenth Street bridge, mile 0.9 at Port Huron, 
shall open on signal--
    (1) From May 1 through October 31 from 8 a.m. to 11 p.m. and from 11 
p.m. to 8 a.m., if at least one hours notice is given;
    (2) From April 1 through April 30 and November 1 through November 
30, if at least three hours notice is given; and
    (3) From December 1 through March 31, if at least 24 hours notice is 
given.



Sec. 117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall 
operate as follows:
    (a) From April 1 through May 15 and from September 16 through 
December 14, the draw shall open on signal.
    (b) From May 16 through September 15--
    (1) Between the hours of 6 p.m. and 6 a.m., seven days a week, the 
draw shall open on signal.

[[Page 609]]

    (2) Between the hours of 6 a.m. and 6 p.m., seven days a week, the 
draw need open only from three minutes before to three minutes after the 
quarter-hour and three-quarter hour.
    (c) From December 15 through March 31, no bridgetender is required 
to be at the bridge and the draw need not open unless a request to open 
the draw is given at least 12-hours in advance of a vessels intended 
time of passage through the draw.
    (d) At all times, the draw shall open as soon as possible for the 
passage of public vessels of the United States, State or local vessels 
used for public safety, commercial vessels, and vessels in distress.

[CGD09-91-03, 56 FR 37474, Aug. 7, 1991, as amended by CGD09-01-008, 66 
FR 32749, June 18, 2001]



Sec. 117.631  Detroit River (Trenton Channel).

    (a) The draw of the Grosse Ile Toll bridge (Bridge Road), mile 8.8, 
at Grosse Ile, shall operate as follows:
    (1) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the hour and half-hour for pleasure craft; for commercial 
vessels, during this period of time, the draw shall open on signal as 
soon as possible.
    (2) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (b) The draw of the Wayne County highway bridge (Grosse Ile 
Parkway), mile 5.6, at Grosse Ile, shall operate as follows:
    (1) From March 16 through December 14--
    (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the quarter and three-quarter hour for pleasure craft, 
with no opening required at 7:45 a.m., 8:45 a.m., 4:15 p.m. and 5:15 
p.m., Monday through Friday, except holidays; for commercial vessels, 
during these periods of time, the draw shall open on signal as soon as 
possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridgetenders are required 
to be on duty at the bridge and the bridge shall open on signal if at 
least a twelve-hour advance notice is given.
    (c) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, State or local 
government vessels used for public safety and vessels in distress.
    (d) The draw of the Grosse Ile Toll Bridge (Grosse Ile Parkway), 
mile 8.80, at Grosse Ile, shall operate as follows:
    (1) Between the hours of 6 a.m. and 9 a.m. and 3:30 p.m. and 6:30 
p.m., Monday through Friday, the bridge need not open. At all other 
times, Monday through Friday, the draw must open for commercial vessels 
upon signal and only from three minutes before until three minutes after 
the hour for pleasure craft.
    (2) On Saturday, Sunday and holidays, the bridge must open for 
commercial vessels upon signal and only from three minutes before until 
three minutes after the hour for pleasure craft.

[CGD09 87-07, 52 FR 39520, Oct. 22, 1987, as amended by USCG-2005-21531, 
70 FR 36349, June 23, 2005]

    Effective Date Note: By CGD09--07--004, 72 FR 14418, Mar. 18, 2007, 
Sec. 117.631 was amended by suspending paragraph (a) and adding 
paragraph (d), effective April 18, 2007 through December 15, 2007.



Sec. 117.633  Grand River.

    (a) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels, and vessels in distress shall be 
passed through the draw of each bridge as soon as possible.
    (b) The draw of the CSX Transportation Corp. railroad bridge, mile 
2.8 at Grand Haven, shall open on signal; except that, from December 15 
through March 15, the draw shall open on signal if at least 12 hours 
notice is given.
    (c) The draw of the U.S. Route 31 bridge, mile 2.9 at Grand Haven, 
shall open on signal for pleasure craft-
    (1) From March 16 through December 14, from 6:30 a.m. to 8:30 p.m., 
seven days a week, once an hour, on the half-

[[Page 610]]

hour; except the draw need not open for pleasure craft at 7:30 a.m., 
12:30 p.m., and 5:30 p.m. on Monday, Tuesday, Thursday, and Friday, and 
at 7:30 a.m., 12:30 p.m., and 4:30 p.m. on Wednesday.
    (2) From December 15 through March 15, if at least 12 hours notice 
is given.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 0.2 
across the mouth of Spring Lake, shall open on signal; except that, from 
December 15 through March 15, the draw shall open on signal if at least 
24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-97-008, 62 
FR 43098, Aug. 12, 1997]



Sec. 117.635  Keweenaw Waterway.

    The draw of the US41 bridge, mile 16.0 between Houghton and Hancock, 
shall open on signal; except that, from January 1 through March 15, the 
draws shall open on signal if at least 24 hours notice is given.



Sec. 117.637  Manistee River.

    (a) The draws of the Maple Street bridge, mile 1.1, and US-31 
highway bridge, mile 1.4, both at Manistee, shall operate as follows:
    (1) From May 1 through October 31, between 7 a.m. to 11 p.m., the 
bridges shall open on signal. From 11 p.m. to 7 a.m., the bridges need 
not open unless notice is given at least two hours in advance of a 
vessel's time of intended passage through the draws.
    (2) From November 1 through April 30, the bridges need not open 
unless notice is given at least 24 hours in advance of a vessel's time 
of intended passage through the draws.
    (b) The CSX Transportation railroad bridge, mile 1.5, at Manistee, 
shall open on signal from May 1 to October 31. From November 1 to April 
30, the bridge need not open unless notice is given at least 24 hours in 
advance of a vessel's time of intended passage through the draw.

[CGD 09-93-006, 58 FR 52442, Oct. 8, 1993, as amended by CGD09-97-014, 
62 FR 43931, Aug. 18, 1997]



Sec. 117.639  Ontonagon River.

    The draw of the S64 bridge, mile 0.2 at Ontonagon, shall open on 
signal from April 1 through November 15 from 7 a.m. to 11 p.m. and from 
11 p.m. to 7 a.m., if at least one hour notice is given. From November 
16 through March 31, the draw shall open on signal if at least 24 hours 
notice is given.



Sec. 117.641  Pine River (Charlevoix).

    (a) The draw of the U.S. 31 bridge, mile 0.3 at Charlevoix, shall be 
operated as follows:
    (1) From April 1 through December 31, the draw shall open on signal; 
except from 6 a.m. to 10 p.m., April 1 to October 31, the draw need open 
only from three minutes before to three minutes after the hour and half-
hour for recreational vessels. Public vessels of the United States, 
state or local vessels used for public safety, commercial vessels, 
vessels in distress, and vessels seeking shelter from severe weather 
shall be passed through the draw as soon as possible.
    (2) From January 1, through March 31, the draw shall open on signal 
if at least 12 hours advance notice is provided prior to a vessel's 
intended time of passage.
    (b) The owner of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the closed 
draw at all water levels. The gages shall be placed on the bridge so 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.

[CGD09-00-001, 65 FR 15240, Mar. 22, 2000]



Sec. 117.643  Pine River (St. Clair).

    The draw of the S29 bridge, mile 0.1 at St. Clair, shall open on 
signal from April 1 through November 30 from 2 a.m. to 8 a.m. and from 8 
a.m. to 2 a.m. on the hour and one-half hour. From December 1 through 
March 31, the draw shall open on signal if at least 24 hours notice is 
given. Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw as soon as possible.



Sec. 117.647  Saginaw River.

    (a) The draws of the Lake State Railways railroad bridge, mile 3.10 
at Bay

[[Page 611]]

City, and the Central Michigan railroad bridge, mile 4.94 at Bay City, 
shall open on signal; except that, from December 16 through March 15, 
the draws shall open on signal if at least 12 hours advance notice is 
provided.
    (b) The draws of the Independence bridge, mile 3.88, Liberty Street 
bridge, mile 4.99, Veterans Memorial bridge, mile 5.60, and Lafayette 
Street bridge, mile 6.78, all in Bay City, shall open on signal from 
March 16 through December 15, except as follows:
    (1) From 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. except 
Saturdays, Sundays, and holidays observed in the locality, the draws 
need not be opened for the passage of vessels of less than 50 gross 
tons.
    (2) From 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. except on 
Sundays and Federal holidays, the draws need not be opened for the 
passage of downbound vessels of over 50 gross tons.
    (3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Independence and Veterans Memorial bridges 
need not be opened for the passage of pleasure craft except from three 
minutes before to three minutes after the hour and half-hour.
    (4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Liberty Street and Lafayette Street bridges 
need not be opened for the passage of pleasure craft, except from three 
minutes before to three minutes after the quarter hour and three-quarter 
hour.
    (5) From December 16 through March 15, the draws of these bridges 
shall open on signal if at least 12 hours notice is given.
    (c) The draw of the CSX railroad bridge, mile 18.0, need not be 
opened for the passage of vessels. The owner shall return the draw to an 
operable condition within a reasonable time when directed by the 
District Commander to do so.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 19.2, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-94-019, 59 
FR 36063, July 15, 1994; CGD09-96-003, 61 FR 24236, May 14, 1996; CGD09-
02-017, 67 FR 49240, July 30, 2002]



Sec. 117.651  St. Joseph River.

    The draws of the US33 (Blossomland) bridge, mile 0.9, and the BL-94 
(Bicentennial) bridge, mile 1.3, both at St. Joseph, shall be operated 
as follows:
    (a) From March 1 through May 14, from October 1 through December 15, 
and from 8 p.m. to 7 a.m. from May 15 through September 30, the draws 
shall open on signal.
    (b) From 7 a.m. to 8 p.m. from May 15 through September 30, the draw 
of the Blossomland bridge need be opened only from three minutes before 
to three minutes after the hour and half hour, and the draw of the 
Bicentennial bridge need be opened only from three minutes before to 
three minutes after the quarter and three-quarter hour.
    (c) From December 16 through the last day of February, the draw of 
both bridges shall open on signal if at least 12 hours notice is given.
    (d) Public vessels of the United States, state and local government 
vessels used for public safety, commercial vessels, and vessels in 
distress shall be passed through the draw of both bridges as soon as 
possible.



Sec. 117.653  St. Mary's Falls Canal.

    The draw of the International Railway bridge, mile 1.0 at Sault Ste. 
Marie, shall be maintained in the fully open position during the 
navigation season, except for the crossings of trains or for 
maintenance. Bridge operators shall not give precedence to railway 
traffic and shall not close the bridge against an upbound vessel after 
lock gates are open and the vessel is proceeding toward the bridge, nor 
against a downbound vessel, 1,200 feet or less west of the bridge, 
unless the vessel is moored at either canal pier awaiting its turn to 
take position at lock approaches.



Sec. 117.655  Thunder Bay River.

    The draw of the Sec. nd Avenue bridge, mile 0.3 at Alpena, shall open 
on signal if at least three hours notice is given to the Dispatcher, 
Police Department, City of Alpena, Michigan.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]

[[Page 612]]

                                Minnesota



Sec. 117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal bridge, mile 0.1 at Duluth, shall 
open on signal; except that, from January 1 through March 15, the draw 
shall open on signal if at least 24 hours notice is given. The opening 
signal is one prolonged blast, one short blast, one prolonged blast, one 
short blast. If the Duluth Ship Canal Bridge is disabled, the bridge 
authorities shall give incoming and outgoing vessels timely and 
dependable notice, by tug service if necessary, so that the vessels do 
not attempt to enter the canal. Vessels shall be given precedence over 
highway or railway traffic at all times.



Sec. 117.663  Minnesota River.

    The draws of bridges above LeSueur need not be opened for the 
passage of vessels.

[CGD08-97-004, 63 FR 4584, Jan. 30, 1998]



Sec. 117.665  Red River of the North.

    The draws of the bridges need not be opened for the passage of 
vessels.



Sec. 117.667  St. Croix River.

    (a) The draws of the Burlington Northern Santa Fe Railroad Bridge, 
Mile 0.2, the Prescott Highway Bridge, Mile 0.3, and the Hudson Railroad 
Bridge, Mile 17.3, shall operate as follows:
    (1) From April 1 to October 31:
    (i) 8 a.m. to midnight, the draws shall open on signal;
    (ii) Midnight to 8 a.m., the draws shall open on signal if 
notification is made prior to 11 p.m.,
    (2) From November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given.
    (b) The draw of the Stillwater Highway Bridge, Mile 23.4, shall open 
on signal as follows:
    (1) From May 15 through October 15, Monday through Friday, except 
Federal holidays, from:
    (i) 8 a.m. to 11 a.m., every hour on the hour;
    (ii) 11 a.m. to 2:30 p.m., every half hour;
    (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;
    (iv) 6:30 p.m. to 10 p.m., every half hour; and
    (v) 10 p.m. to 8 a.m., upon at least two hours notice.
    (2) from May 15 through October 15, Saturdays, Sundays, and federal 
holidays from:
    (i) 8 a.m. to 9 a.m., every half hour;
    (ii) 9 a.m. to 8 p.m., every hour on the hour;
    (iii) 8 p.m. to midnight, every half hour; and
    (iv) Midnight to 8 a.m., upon at least two hours notice.
    (3) From October 16 through May 14, if at least 24 hours notice is 
given.
    (c) The draw of the Soo Line Railroad Bridge, Mile 40.7, at 
Otisville, need not be opened for the passage of vessels.

[CGD2-91-01, 56 FR 21303, May 8, 1991, as amended by 59 FR 63898, Dec. 
12, 1994; USCG-1998-3799, 63 FR 35527, June 30, 1998; CGD08-02-035, 68 
FR 74479, Dec. 24, 2003]



Sec. 117.669  St. Louis River (Duluth Superior Harbor).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7, 
shall open on signal; except that, from January 1 through March 15, the 
draws shall open on signal if at least 24 hours notice is given. The 
opening signal for the Minnesota draw is one prolonged blast followed by 
two short blasts and for the Wisconsin draw is two prolonged blasts 
followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0, and the Arrow 
Head bridge, mile 8.7, shall open on signal; except that, from January 1 
through March 15, the draw shall open on signal if at least 24 hours 
notice is given. The opening signal for the Grassy Point bridge is two 
prolonged blasts followed by one short blast and for the Arrowhead 
bridge is three prolonged blasts.
    (c) The draw of the Duluth Missabe and Iron Range Railway bridge, 
mile 16.3, need not be opened for the passage of vessels. The owner 
shall return the draw to operable condition within a reasonable time 
when notified by the District Commander to do so.



Sec. 117.671  Upper Mississippi River.

    (a) The draws of all bridges between Lock and Dam No. 10, mile 
615.1, and Lock and Dam No. 2, mile 815.2, shall

[[Page 613]]

open on signal; except that, from December 15 through the last day of 
February, the draws shall open on signal if at least 24 hours notice is 
given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile 815.2, 
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that, 
from December 15 through the last day of February, the draws shall open 
on signal if at least 12 hours notice is given.

                               Mississippi



Sec. 117.675  Back Bay of Biloxi.

    (a) The draw of the I-110 bridge, mile 3.0 at Biloxi, shall open on 
signal if at least six hours notice is given.
    (b) The draw of the Popps Ferry Road bridge, mile 8.0, at Biloxi, 
shall open on signal; except that, from 7:30 a.m. to 9 a.m. and from 
4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays, the 
draw need not be opened for passage of vessels. The draw shall open at 
any time for a vessel in distress.

[CGD8-85-05, 50 FR 27583, July 5, 1985, as amended by CGD08-96-049, 64 
FR 6221, Feb. 9, 1999; CGD08-06-015, 71 FR 26416, May 5, 2006]



Sec. 117.677  Big Sunflower River.

    The draw of the Columbus and Greenville railroad bridge, mile 96.1 
at Baird, shall open on signal if at least four hours notice is given.



Sec. 117.681  Old Fort Bayou.

    The draw of the bridge, mile 1.6 at Ocean Springs, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least eight hours notice is given to the Old Fort Bayou 
drawtender. During periods of storm or hurricane warnings issued by the 
National Weather Service, the draw shall open on signal at any time.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.683  Pearl River.

    See Sec. 117.486, Pearl River, listed under Louisiana.

[USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.684  Bayou Portage.

    The draw of the Henderson Avenue Bridge, mile 2.0, at Pass 
Christian, MS shall open on signal if at least two hours notice is given 
to the Harrison County Board of Supervisors.

[CGD08-04-010, 69 FR 69531, Nov. 30, 2004]



Sec. 117.685  Tchoutacabouffa River.

    The draw of the Cedar Lake Road Bridge over the Tchoutacabouffa 
River, mile 8.0, shall open on signal if at least twenty-four hours 
notice is given.

[CGD08-98-055, 63 FR 49822, Sept. 18, 1998]



Sec. 117.686  Yazoo River.

    (a) The draws of the Canadian National/Illinois Central railroad 
bridge, mile 16.7 at Redwood, and the Satartia highway (S433) bridge, 
mile 53.3 at Satartia, shall open on signal if at least two hours notice 
is given. When a vessel has given notice and fails to arrive within the 
two hour period specified, the drawtender shall remain on duty for two 
additional hours and open the draw if the requesting vessel appears. 
After this time, an additional two hour notice is required.
    (b) The draws of the bridges upstream from the Satartia highway 
(S433) bridge shall open on signal if at least four hours notice is 
given. When a vessel has given notice and fails to arrive within the 
four hour period specified, the drawtender shall remain on duty for two 
additional hours and open the draw if the requesting vessel appears. 
After this time, an additional four hour notice is required.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated at CGD8-92-03, 57 
FR 27696, June 22, 1992, as amended by USCG-2000-7223, 65 FR 40056, June 
29, 2000]

                                Missouri



Sec. 117.687  Missouri River.

    The draws of the bridges across the Missouri River shall open on 
signal; except during the winter season between the date of closure and 
date of opening of the commercial navigation season as published by the 
Army Corps of Engineers, the draws need not open unless at least 24 
hours advance notice is given.

[CGD08-06-002, 71 FR 66874, Nov. 17, 2006]

[[Page 614]]



Sec. 117.689  Osage River.

    The draw of the Missouri Pacific Railroad bridge, mile 5.6 at Osage 
City, need not be opened for the passage of vessels.

                                Nebraska



Sec. 117.691  Missouri River.

    The draw of the Illinois Central Gulf Railroad Bridge, mile 618.3, 
at Omaha, shall open on signal; except during the winter season between 
the date of closure and date of opening of the commercial navigation 
season as published by the Army Corps of Engineers, the draw need not 
open unless at least 24 hours advance notice is given.

[CGD08-98-020, 66 FR 62938, Dec. 4, 2001]

                              New Hampshire



Sec. 117.697  Hampton River.

    The SR1A bridge, mile 0.0 at Hampton, operates as follows:
    (a) The draw shall open on signal from April 1 through October 31 
for the passage of vessels during daylight hours from three hours before 
to three hours after each high tide. ``Daylight hours'' means one-half 
hour before sunrise to one-half hour after sunset. High tide occurs one-
half hour later than the time of high tide for Portland, Maine, as 
published in the tide tables published by private entities using data 
provided by the National Ocean Service. At all other times, the draw 
shall open on signal if at least three hours notice is given.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) Vessels which can pass under the closed draw with a clearance of 
one foot or more shall not signal for the opening of the draw. In case a 
vessel gives the prescribed signal and the drawtender is uncertain as to 
whether the vessel can safely pass, the drawtender shall open the draw. 
If the drawtender finds that there would have been a clearance of one 
foot or more had the draw remained closed, the matter shall be reported 
immediately to the District Commander, giving the name of the vessel, 
the time of opening the draw, the clearance under the bridge as 
indicated by the gage at the time of opening the draw, and the 
approximate vertical clearance required by the vessel.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec. 117.699  Little Harbor.

    The draw of the SR1B bridge, mile 1.0 between New Castle and Rye, 
shall open on signal from April 1 through October 31 from 6 a.m. to 10 
p.m. if at least four hours notice is given. At all other times, the 
draw shall open as soon as possible only for emergencies.



Sec. 117.700  Piscataqua River.

    See Sec. 117.531, Piscataqua River, listed under Maine.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                               New Jersey



Sec. 117.701  Alloway Creek.

    (a) The draws of the Salem County bridges, miles 5.1 at Hancocks 
Bridge, and 6.5 at New Bridge, shall open on signal if at least 24 hours 
notice is given.
    (b) The draw of the S49 bridge, mile 9.5 at Quinton, need not be 
opened for the passage of vessels.



Sec. 117.703  Bass River.

    The draw of the U.S. 9 bridge, mile 2.6, at New Gretna, shall 
operate as follows:
    (a) The drawspan must open on signal if at least six hours notice is 
given, except that public vessels of the United States must be passed as 
soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for the draw span with figures not less than 
12 inches

[[Page 615]]

high designed, installed and maintained in accordance with the 
provisions of Sec. 118.160 of this chapter.

[CGD5-91-031, 57 FR 22175, May 27, 1992, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.705  Beaver Dam Creek.

    The draw of the Ocean County bridge, mile 0.5 at Point Pleasant, 
shall open on signal from June 1 through September 30 and from 8 a.m. to 
4 p.m. during April, May, October, and November. At all other times, the 
draw shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.709  Cheesequake Creek.

    (a) The draw of the S35 Bridge, at mile 0.0, at Morgan, South Amboy, 
New Jersey, shall operate as follows:
    (1) From April 1 through November 30 from 7 a.m. to 8 p.m., the draw 
need only open on the hour. From 8 p.m. to 11 p.m. the draw shall open 
on signal. From 11 p.m. to 7 a.m. the draw shall open after at least a 
two hour advance notice is given by calling the number posted at the 
bridge.
    (2) From December 1 through March 31, the draw shall open on signal 
after at least a two hour advance notice is given by calling the number 
posted at the bridge.
    (b) The draw of the New Jersey Transit Rail Operations railroad 
bridge, mile 0.2, operates as follows:
    (1) The draw shall open on signal; except that, at least four hours 
notice is required--
    (i) From January 1 through March 31 from 6 p.m. to 6 a.m.;
    (ii) From April 1 through April 30 and November 1 through November 
30 from 10 p.m. to 6 a.m. Monday through Thursday, and midnight Sunday 
through 6 a.m. Monday; and
    (iii) From December 1 through December 31 from 10 p.m. to 6 a.m.
    (2) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridge that they are plainly visible to operators of vessels approaching 
the bridge either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD01-04-126, 70 
FR 20465, Apr. 20, 2005; CGD01-05-096, 71 FR 17351, Apr. 6, 2006]



Sec. 117.711  Cohansey River.

    The draw of the Broad Street bridge, mile 18.2 at Bridgeton, need 
not be opened for the passage of vessels.



Sec. 117.713  Cooper River.

    (a) The drawspans for the State Street Drawbridge, mile 0.3 and the 
Conrail Drawbridge at North River Avenue, mile 0.9, must open on signal 
if at least four hours notice is given.
    (b) The draw of the Admiral Wilson Boulevard bridge, mile 1.1 at 
Camden, need not be opened for the passage of vessels. However, the draw 
shall be returned to operable condition within six months after 
notification by the District Commander to do so.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984, as 
amended by USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.714  Corson Inlet.

    The draw of the Corson Inlet bridge, mile 0.9, at Strathmere, shall 
open on signal; except that from October 1 through May 15, from 10 p.m. 
to 6 a.m., the draw need only open if at least two hours notice is 
given.

[CGD05-96-101, 62 FR 24339, May 5, 1997]



Sec. 117.715  Debbies Creek.

    (a) The draw of the Monmouth County highway bridge, mile 0.4 at 
Manasquan, shall open on signal, except as follows:
    (1) From 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30 p.m. 
to 8 a.m., the draw need open only if at least four-hours advance notice 
is given.
    (2) From Memorial Day through Labor Day from 7 a.m. to 8 p.m., the 
draw need open only on the hour and half hour if any vessels are waiting 
to pass.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than eight inches high to indicate the vertical

[[Page 616]]

clearance under the closed draw at all stages of the tide. The gauges 
shall be so placed on the bridge that they are plainly visible to 
operators of vessels approaching the bridge either up or downstream.

[CGD05-98-111, 64 FR 59624, Nov. 3, 1999]



Sec. 117.716  Delaware River.

    The following requirements apply to all drawbridges across the 
Delaware River:
    (a) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (b) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge, after 
the signal to open is given.
    (c) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.

[CGD 82-025, 49 FR 43460, Oct. 29, 1984]



Sec. 117.719  Elizabeth River.

    (a) The draw of the South Front Street bridge, mile 0.0 at 
Elizabeth, shall open on signal; except that, from 12 midnight to 7 
a.m., the draw shall open on signal if at least three hours notice is 
given.
    (b) The draws of the South First Street bridge, mile 0.4 at 
Elizabeth, shall open on signal if at least three hours notice is given.
    (c) The draws of the New Jersey Transit Rail Operations railroad 
bridge, mile 0.7, the Baltic Street bridge, mile 0.9, the Summer Street 
bridge, mile 1.3, the South Street bridge, mile 1.8, and the Bridge 
Street bridge, mile 2.1, all at Elizabeth, need not be opened for the 
passage of vessels.



Sec. 117.720  Great Channel.

    The draw of the County of Cape May bridge, mile 0.7, between Stone 
Harbor and Nummy Island, shall open on signal except that:
    (a) From May 15 through October 15 from 10 p.m. to 6 a.m., the draw 
need only open if at least four hours advance notice is given.
    (b) From October 16 through May 14, the draw need only open if at 
least 24 hours advance notice is given.
    (c) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.

[CGD05-97-003, 63 FR 2312, Jan. 15, 1998, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998; CGD05-06-045, 71 FR 59383, Oct. 10, 2006]



Sec. 117.721  Grassy Sound Channel.

    The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle 
Township, shall open on signal from 6 a.m. to 8 p.m. from May 15 through 
September 30. From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March 
of every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year. Two hours advance 
notice is required for all other openings by calling (609) 368-4591.

[CGD05-06-045, 71 FR 59383, Oct. 10, 2006]



Sec. 117.723  Hackensack River.

    (a) The following requirements apply to all bridges across the 
Hackensack River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay. The opening 
signal for these vessels is four or more short blasts of a whistle or 
horn, or a radio request.
    (2) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw, with figures not less than 18 
inches high for bridges below the turning basin at mile 4.0, and 12 
inches high for

[[Page 617]]

bridges above mile 4.0. The gauges shall be designed, installed and 
maintained according to the provisions of section 118.160 of this 
chapter.
    (3) Train and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed 10 minutes except as provided in 
paragraph (a)(1) of this section. However, if a train moving toward the 
bridge has crossed the home signal for the bridge before the signal 
requesting the opening of the bridge is given, the train may continue 
across the bridge and must clear the bridge interlocks before stopping 
or reversing.
    (4) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of two qualified operators on each shift, each having a vehicle 
which is equipped with marine and railroad radios, a cellular telephone, 
and emergency bridge repair and maintenance tools. This crew shall be 
split with one drawtender stationed at Upper Hack and the other 
drawtender at the HX drawbridge. Adequate security measures shall be 
provided to prevent vandalism to the bridge operating controls and 
mechanisms to ensure prompt openings of NJTRO bridges.
    (5) Except as provided in paragraphs (b) through (h) of this 
section, the draws shall open on signal.
    (b) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO Lower Hack Bridge, mile 3.4 at Jersey City shall open on 
signal if at least one hour advance notice is given to the drawtender at 
the Upper Hack bridge, mile 6.9 at Sec. ucus, New Jersey. In the event 
the HX drawtender is at the Newark/Harrison (Morristown Line) Bridge, 
mile 5.8 on the Passaic River, up to an additional half hour delay is 
permitted.
    (c) Except as provided in paragraphs (a)(1) of this section, the 
draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, need 
not open for the passage of vessel traffic Monday through Friday, except 
Federal holidays, from 6 a.m. to 10 a.m. and from 4 p.m. to 8 p.m. 
Additional bridge openings shall be provided for commercial vessels from 
6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30 p.m. and from 
6:50 p.m. to 8 p.m., if at least a one-hour advance notice is given by 
calling the number posted at the bridge. At all other times the draw 
shall open on signal.
    (d) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO Upper Hack Bridge, mile 6.9 at Sec. ucus, N.J. shall open on 
signal unless the drawtender is at the HX bridge, mile 7.7 at Sec. ucus, 
N.J. over the Hackensack River; then up to a half hour delay is 
permitted.
    (e) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO HX bridge, mile 7.7 at Sec. ucus, shall open on signal if at 
least one half hour notice is given to the drawtender at the Upper Hack 
Bridge.
    (f) Except as provided in paragraph (a)(1) of this section, the draw 
of the S46 Bridge, at mile 14.0, in Little Ferry, shall open on signal 
if at least a twenty four hour advance notice is given by calling the 
number posted at the bridge.
    (g) The draw of the Harold J. Dillard Memorial (Court Street) 
Bridge, mile 16.2, at Hackensack, shall open on signal if at least four 
hours notice is given.
    (h) The draw of the New York Susquehanna and Western Railroad 
bridge, mile 16.3, and the Midtown bridge, mile 16.5, both at 
Hackensack, need not be opened for the passage of vessels, however, the 
draws shall be restored to operable condition within 12 months after 
notification by the District Commander to do so.

[CCGD01-91-029, 58 FR 39148, July 22, 1993, as amended by CGD01-98-091, 
64 FR 38830, July 20, 1999; CGD01-99-076, 64 FR 62114, Nov. 16, 1999; 
CGD01-05-061, 70 FR 58059, Oct. 5, 2005]



Sec. 117.725  Manantico Creek.

    The draw of the highway bridge, mile 0.5 at Millville, need not be 
opened for the passage of vessels.



Sec. 117.727  Manasquan River.

    The draw of the Route 70 Bridge, mile 3.4, at Riviera Beach, shall 
open on signal on the hour, except that from 4 p.m. to 7 p.m. Monday 
through Friday and from 11 p.m. to 7 a.m., every day the draw need not 
be opened.

[CGD05-02-054, 68 FR 34803, June 11, 2003]

[[Page 618]]



Sec. 117.729  Mantua Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 1.4 at Paulsboro, 
shall operate as follows:
    (1) From March through November, the draw shall be left in the open 
position to vessels and will only be closed for the passage of trains 
and to perform periodic maintenance authorized in accordance with 
subpart A of this part.
    (i) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec. 117.31(b).
    (ii) Before the bridge closes for any reason, an on-site train 
crewmember will observe the waterway for approaching craft, which will 
be allowed to pass. An on-site train crewmember will then operate the 
bridge by radiophone. The bridge shall only be closed if an on-site 
train crewmember's visual inspection shows that the channel is clear and 
there are no vessels transiting in the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the full open 
to the full closed position, an on-site train crewmember will maintain 
constant surveillance of the navigational channel to ensure no conflict 
with maritime traffic exists. In the event of failure or obstruction, 
the on-site train crewmember will stop the bridge and return the bridge 
to the open position.
    (iv) During closing of the span, the channel traffic lights will 
flash red, the horn will sound five short blasts, and an audio voice 
warning device will announce bridge movement, and the bridge will close. 
When the bridge is seated and locked down to vessels, the channel 
traffic lights will continue to flash red. When the rail traffic has 
cleared the swing span, the horn will sound one prolonged blast followed 
by one short blast to signal the draw of the CONRAIL Railroad Bridge is 
about to return to its full open position to vessels.
    (v) During open span movement, the channel traffic lights will flash 
red, the horn will sound one prolonged blast followed by one short 
blast, then a pause, and an audio voice warning will announce bridge 
movement until the bridge is in the full open position. In the full open 
position, the channel traffic lights will flash green.
    (2) From December to February, the draw may be left in the closed 
position and opened on signal if at least four hours notice is given by 
telephone at (856) 231-2393.
    (b) The draw of the S.R. 44 bridge, mile 1.7, at Paulsboro, shall 
open on signal from March 1 through November 30 from 7 a.m. to 11 p.m., 
and shall open on signal at all other times upon four hours notice.

[CGD3 84-33, 50 FR 30270, July 25, 1985, as amended by CGD05-03-121, 69 
FR 21063, Apr. 20, 2004]



Sec. 117.730  Maurice River.

    The draw of the Cumberland County bridge, mile 12.1 at Mauricetown, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by USCG-2001-
10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.731  Mullica River.

    The draws of the bridges listed in this section shall open on 
signal, except as follows:
    (a) The draw of the Lower Bank bridge, mile 15.0, need not open 
during the following periods unless at least four hours notice is given:
    (1) From May 1 through November 30, from 11 p.m. to 7 a.m.
    (2) From December 1 through April 30, at all times.
    (b) The draw of the Green Bank bridge, mile 18.0, need not open 
unless at least four hours notice is given during the following periods:
    (1) April 1 through November 30, from 11 p.m. to 7 a.m.
    (2) December 1 through March 31, at all times.
    (c) The drawspan must open as soon as possible for public vessels of 
the United States during the periods when four hours notice is required.

[CGD5-87-065, 53 FR 406, Jan. 7, 1988, as amended by CGD05 94-093, 60 FR 
51732, Oct. 3, 1995. Redesignated and amended by USCG-2001-10881, 71 FR 
70311, Dec. 4, 2006]



Sec. 117.732  Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal, except that 
from 11 p.m. to 7 a.m., the draw shall open if at least two hours notice 
is given.

[[Page 619]]

    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5 at 
Port Republic, shall open on signal if at least eight hours notice is 
given.

[CGD05-94-065, 61 FR 29960, June 13, 1996]



Sec. 117.733  New Jersey Intracoastal Waterway.

    (a) The draw of the Route 35 Bridge, mile 1.1 across Manasquan River 
at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hour.
    (2) Year-round from 11 p.m. to 8 a.m., the draw need only open if at 
least four hours notice is given.
    (b) The draw of the County Route 528 Bridge, mile 6.3 across 
Barnegat Bay at Mantoloking, shall open on signal; except that from 
Memorial Day through Labor Day on Saturdays, Sundays and Federal 
holidays from 9 a.m. to 6 p.m., the draw need only open on the hour, 
twenty minutes after the hour, and forty minutes after the hour.
    (c) The draw of the S37 Bridge across Barnegat Bay, mile 14.1 at 
Seaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31 from 11 p.m. to 8 a.m., the 
draw need not be opened.
    (2) From April 1 through November 30 from 11 p.m. to 8 a.m., the 
draw need only open if at least four hours notice is given.
    (3) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., the 
draw need only open on the hour and half hour.
    (d) The draw of the AMTRAK New Jersey Transit Rail Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all waiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes except 
as provided in Sec. 117.31(b). However, if a train is moving toward the 
bridge and has crossed the home signal for the bridge before the signal 
requesting opening of the bridge is given, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient closed circuit TV cameras shall be operated 
and maintained at the bridge site to enable the remotely located bridge/
train controller to have full view of both river traffic and the bridge.
    (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall be 
maintained and utilized to facilitate communication in both remote and 
local control locations. The bridge shall also be equipped with 
directional microphones and horns to receive and deliver signals to 
vessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more that one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability of the remote operation system shall be provided and 
maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the center piers shall be 
displayed continuously until the bridge is returned to the fully open 
position.
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal except that, year-round from 
11 p.m. to 7 a.m. and, from November 1 through March 31 from 3 p.m. to 
11 p.m., the draw need only open if at least four hours notice is given.
    (f) The draw of the US40-322 (Albany Avenue) Bridge, mile 70.0 
across Inside

[[Page 620]]

Thorofare, at Atlantic City, shall open on signal except that:
    (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1 through 
March 31 from 3 p.m. to 11 p.m., the draw need only open if at least 
four hours notice is given;
    (2) From June 1 through September 30:
    (i) From 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m. the draw need 
only open on the hour and half hour; and
    (ii) From 4 p.m. to 6 p.m. the draw need not open.
    (g) The draw of the Dorset Avenue Bridge across Inside Thorofare, 
mile 72.1 at Ventnor City, shall open on signal except that from June 1 
through September 30, from 9:15 a.m. to 9:15 p.m., the draw need only 
open at 15 and 45 minutes after the hour.
    (h) The draw of the Route 52 (Ninth Street) Bridge, mile 80.4 across 
Beach Thorofare, at Ocean City, shall open on signal except that from 
Memorial Day through Labor Day from 8 a.m. to 8 p.m., the draw need only 
open on the hour and half hour.
    (i) The draw of the Stone Harbor Boulevard Bridge, mile 102.0 across 
Great Channel, at Stone Harbor, shall open on signal except that:
    (1) From October 1 through March 31 from 10 p.m. to 6 a.m. the draw 
need only open if at least eight hours notice is given.
    (2) From Memorial Day through Labor Day from 6 a.m. to 6 p.m. on 
Saturdays, Sundays and Federal holidays, the draw need open only on the 
hour, 20 minutes after the hour, and 20 minutes before the hour.
    (j) [Reserved]
    (k) The draw of Two-Mile Bridge, mile 112.2, across Middle Thorofare 
in Wildwood Crest, shall open on signal; except from 9:15 a.m. to 10:30 
a.m. on the fourth Sunday in March of every year, the draw need not open 
for vessels. If the fourth Sunday falls on a religious holiday, the draw 
need not open for vessels from 9:15 a.m. to 10:30 a.m. on the third 
Sunday of March of every year.
    (l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan River 
at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m. and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hours.
    (2) Year-round, unless otherwise provided by paragraph (l)(3) of 
this section, from 11 p.m. to 8 a.m., the draw need only open if at 
least four hours notice is given.
    (3) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 
8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. 
on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35 Bridge, 
mile 1.1, at Brielle may remain in the closed position to navigation.
    (m) The draw of Cape May Canal Railroad Bridge across Cape May 
Canal, mile 115.1, at Cape May shall operate as follows:
    (1) The draw shall be maintained in the open position; the draw may 
close only for the crossing of trains and maintenance of the bridge. 
When the draw is closed for a train crossing a bridge tender shall be 
present to reopen the draw after the train has cleared the bridge. When 
the draw is closed for maintenance a bridge tender shall be present to 
open the draw upon signal.
    (2) Train service generally operates as follows (please contact Cape 
May Seashore Lines for current train schedules):
    (i) Winter (generally December through March): In general, there is 
no train service, therefore the bridge is unmanned and placed in the 
full open position.
    (ii) Spring (generally April through May and Fall (generally 
September through November): Generally weekend service only: Friday 
through Sunday train service starts at 10 a.m. and ends at 7:30 p.m. 
Monday through Thursday the bridge generally unmanned and in the open 
position.

[[Page 621]]

    (iii) Summer Service (generally June through August): Daily train 
service starting at 10 a.m. and ending 7:30 p.m.
    (3) When a vessel approaches the drawbridge with the draw in the 
open position, the vessel shall give the opening signal. If no 
acknowledgement is received within 30 seconds, the vessel may proceed, 
with caution, through the open draw. When the draw is open and will be 
closing promptly, the drawbridge will generally signal using sound 
signals or radio telephone.
    (4) Opening of the draw span may be delayed for ten minutes after a 
signal to open except as provide in (117.31(b). However, if a train is 
moving toward the bridge and has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks as 
soon as possible in order to prevent unnecessary delays in the opening 
of the draw.

[CGD05-97-003, 63 FR 2311, Jan. 15, 1998, as amended by CGD05-01-007, 66 
FR 39445, July 31, 2001; CGD05-06-045, 71 FR 59383, Oct. 10, 2006; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006]

    Effective Date Note: By CGD05-05-079, 71 FR 10435, Mar. 1, 2006, 
corrected at 71 FR 14804, Mar. 24, 2006, Sec. 117.733 was amended by 
suspending paragraph (a) and adding paragraph (l), effective Apr. 17, 
2006, through Mar. 1, 2009. By CGD05-05-131, 71 FR 67303, Nov. 21, 2006, 
an amendment revised paragraph (b)(2) but could not be incorporated 
because that paragraph is stayed.



Sec. 117.734  Navesink River (Swimming River).

    The Oceanic Bridge, mile 4.5, shall open on signal; except that, 
from December 1 through March 31, the draw shall open on signal, if at 
least a twenty-four hour notice is given by calling the number posted at 
the bridge. The owner of this bridge shall provide and keep in good 
legible condition clearance gauges with figures not less than eight 
inches high, designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.

[CGD01-99-075, 64 FR 71655, Dec. 22, 1999]



Sec. 117.735  Newark Bay.

    The following requirements apply to all bridges across this 
waterway:
    (a) Public vessels of the United States, state or local vessels used 
for public service, and vessels in distress shall be passed through the 
draw without delay. The opening signal from these vessels is four or 
more short blasts of a whistle or horn or a radio request.
    (b) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (c) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD3 85-42, 50 FR 26712, June 28, 1985]



Sec. 117.736  Oceanport Creek.

    The drawspan for the New Jersey Transit Rail Operations Drawbridge, 
mile 8.4 near Oceanport, must open on signal from May 15 through 
September 15 between 5 a.m. and 9 p.m.; except that, the drawspan need 
not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays, 
excluding all federal holidays except for Martin Luther King Day. The 
drawspan must open on signal upon four hours notice from May 15 through 
September 15 between 9 p.m. and 5 a.m., and from September 16 through 
May 14; except that, the drawspan need not be opened from 6 a.m. to 7:45 
a.m. and 5:30 p.m. to 7:30 p.m. on weekdays, excluding all federal 
holidays except for Martin Luther King Day. Public vessels of the United 
States must be passed as soon as possible at anytime.

[USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec. 117.737  Oldmans Creek.

    The draws of the US30 bridge, mile 3.1 at Nortonville, the Conrail 
railroad

[[Page 622]]

bridge, mile 4.0 at Jumbo, and the Salem County bridge, mile 5.1 at 
Pedricktown, need not be opened for the passage of vessels. However, the 
draws of any of these bridges shall be restored to operable condition 
within six months after notification by the District Commander to do so.



Sec. 117.738  Overpeck Creek.

    (a) The draws of the Conrail and the New York, Susquehanna and 
Western railroad bridges, mile 0.0 both at Ridgefield Park, NJ, operate 
as follows:
    (1) The draws shall open on signal if at least 24 hours notice is 
given.
    (2) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible.
    (3) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.739  Passaic River.

    (a) The following requirements apply to all bridges in this section 
across the Passaic River:
    (1) The owners of these bridges shall provide, and keep in good 
legible condition, clearance gauges with figures not less than twelve 
(12) inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of an adequate number of operators to ensure NJTRO bridges are 
operated according to the requirements of this section.
    (b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, 
at Newark, shall open on signal if at least four hours notice is given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6, 
at Newark, shall open on signal if at least four hours notice is given 
to the CONRAIL Movement Desk. After the signal to open is given, the 
opening may be delayed no more than ten minutes.
    (d) The draw of the Jackson Street Bridge, mile 4.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall 
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m. to 
6:50 p.m., Monday through Friday except federal holidays, the draw need 
not be opened. At all other times, an opening may be delayed no more 
than ten minutes, unless the drawtender and the vessel operator, 
communicating by radiotelephone, agree to a longer delay.
    (f) The draw of the Bridge Street Bridge, mile 5.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (g) The draw of the NJTRO Newark-Harrison (Morristown Line) Bridge, 
mile 5.8, at Harrison, New Jersey shall open on signal if at least one 
hour advance notice is given to the drawtender at Upper Hack Bridge mile 
6.9, across the Hackensack River at Sec. ucus, N.J. In the event the HX 
drawtender is at the Lower Hack Bridge, mile 3.4 on the Hackensack 
River, at Jersey City then up to an additional half hour delay in 
opening is permitted. After the signal to open is given, the opening may 
be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and from 
4:30 p.m. to 6:50 p.m., Monday through Friday except federal holidays, 
the draw need not open.
    (h) The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, shall 
open on signal if at least 24 hours notice is given by calling the 
number posted at the bridge.

[[Page 623]]

    (i) The draw of the Clay Street Bridge, mile 6.0, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (j) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at 
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight 
hours notice is given. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the 
draw need not be opened.
    (k) The draw of the Route 7 (Rutgers Street) Bridge, mile 8.9, at 
Belleville, shall open on signal if at least four hours notice is given.
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
open on signal if at least four hours notice is given.
    (m) The draw of the NJTRO Bridge, mile 11.7, shall open on signal 
after at least a 24 hour notice is given by calling the number posted at 
the bridge.
    (n) The draw of the Route 3 Bridge, mile 11.8, shall open on signal 
after at least a 24 hour notice is given by calling the number posted at 
the bridge.
    (o) The draw of the following bridges need not be opened for the 
passage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) West Eighth Street Bridge, mile 15.3, at Garfield.
    (p)-(t) [Reserved]
    (u) From March 1, 2006 through November 30, 2007, the Route 280 
Bridge, mile 5.8, may remain in the closed position for the passage of 
vessel traffic.

[CGD01-95-171, 62 FR 6485, Feb. 12, 1997, as amended by CGD01-97-020, 63 
FR 34124, June 23, 1998; CGD01-97-134, 64 FR 4788, Feb. 1, 1999; CGD01-
99-076, 64 FR 62114, Nov. 16, 1999; USCG-2001-10881, 71 FR 70311, Dec. 
4, 2006]

    Effective Date Note: By CGD01-05-029, 70 FR 58310, Oct. 6, 2005, 
Sec. 117.739 was amended by suspending paragraph (h) and adding a new 
paragraph (u), effective March 1, 2006 through November 30, 2007.



Sec. 117.741  Raccoon Creek.

    (a) The draw of the Route 130 highway bridge, mile 1.8 at 
Bridgeport, shall open on signal:
    (1) March 1 through November 30, from 7 a.m. to 11 p.m.
    (2) At all other times, if at least four hours notice is given.
    (b) The draw of the CONRAIL Railroad Bridge, mile 2.0 at Bridgeport, 
shall operate as follows:
    (1) From March 1 through November 30, the draw shall be left in the 
open position at all times and will only be closed for the passage of 
trains and to perform periodic maintenance authorized in accordance with 
subpart A of this part.
    (i) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec. 117.31(b).
    (ii) Before the bridge closes for any reason, a train crewmember 
will observe the waterway for approaching craft, which will be allowed 
to pass. A train crewmember will then operate the bridge by radiophone. 
The bridge shall only be closed if a train crewmember's visual 
inspection shows that the channel is clear and there are no vessels 
transiting in the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the full open 
to the full closed position, a train crewmember will maintain constant 
surveillance of the navigational channel to ensure no conflict with 
maritime traffic exists. In the event of failure or obstruction, the 
train crewmember will stop the bridge and return the bridge to the open 
position.
    (iv) The CONRAIL Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (v) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound four 
times, followed by a pause, then the four blasts will be repeated and 
the bridge will close. When the rail traffic has cleared the swing span, 
the horn will automatically sound five times to signal the draw of the 
CONRAIL Railroad Bridge is about to return to its full open position.
    (vi) During open span movement, the channel traffic lights will be 
flashing red, the horn will sound four times, followed by a pause, then 
four blasts will be repeated until the bridge is in the full open 
position. In the full open position, the channel traffic lights will

[[Page 624]]

then turn from flashing red to flashing green.
    (2) At all other times, the draw may be left in the closed position 
and opened on signal if at least four hours notice is given by telephone 
at (856) 231-2393.

[CGD05-02-065, 68 FR 27461, May 20, 2003]



Sec. 117.743  Rahway River.

    The draw of the Conrail Bridge, mile 2.0, across the Rahway River, 
at Linden, New Jersey, shall operate as follows:
    (a) The draw shall remain in the full open position at all times, 
and shall only be closed for the passage of rail traffic or the 
performance of maintenance authorized in accordance with subpart A of 
this part.
    (b) The draw shall be remotely operated by a bridge/train dispatcher 
located at the Conrail Dispatch Office at Mount Laurel, New Jersey.
    (c) A marine traffic light system shall be maintained at the bridge 
and display flashing green lights to indicate that vessels may pass 
through the bridge, and flashing red lights anytime the bridge is not in 
the full open position.
    (d) An infrared sensor system shall be maintained at the bridge to 
determine that no conflict with vessel traffic exists while the bridge 
is closing.
    (e) Before the bridge may be closed from the remote location, an on-
site train crewmember shall observe the waterway for any vessel traffic. 
All approaching vessels shall be allowed to pass before the bridge may 
close. The on-scene train crewmember shall then communicate with the 
bridge/train dispatcher at the Conrail Dispatch Office, at Mount Laurel, 
either by radio or telephone, to request that the bridge be closed.
    (f) While the bridge is moving from the full open to full closed 
position, the bridge/train dispatcher shall maintain constant 
surveillance of the navigational channel at the bridge using the 
infrared sensor system.
    (g) If the infrared sensors detect a vessel or other obstruction 
approaching or under the bridge before the draw is fully lowered and 
locked, the closing sequence shall be stopped, automatically, and the 
draw shall be raised to its full open position until the channel is 
clear.
    (h) During the downward bridge closing movement, the marine traffic 
light system located at the bridge will change from flashing green to 
flashing red, the public address system shall announce that the bridge 
shall be closing, and the horn shall sound two times, pause 10 seconds, 
then repeat two horn blasts until the bridge is seated and fully locked 
down.
    (i) When all rail traffic has cleared the bridge, the bridge/train 
dispatcher shall sound the horn five-times to signal that the draw is 
about to open.
    (j) In the event of a failure, or obstruction to the infrared sensor 
system, the bridge shall immediately be returned to the full open 
position until the problem is corrected.
    (k) In the event of a loss of communication between the on-site 
personnel and the bridge/train dispatcher, the bridge shall immediately 
be returned to the full open position until the problem is corrected.
    (l) Should the draw become inoperable from the remote site while the 
bridge is in the closed position, a bridge tender, maintenance 
personnel, or engineer shall be deployed to be on scene within one hour 
from the time the draw becomes inoperable until the bridge can be 
returned to the full open position.
    (m) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes after a train has crossed the bridge; 
except, as provided in 33 CFR 117.31(b). However, if a train moving 
toward the bridge has crossed the home signal for the bridge, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD01-03-096, 69 FR 8814, Feb. 26, 2004]



Sec. 117.745  Rancocas River (Creek).

    (a) The following requirements apply to all bridges across the 
Rancocas River (Creek):
    (1) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible without delay at 
anytime. The opening signal from these vessels is four or more short 
blasts of a whistle or horn, or a radio request.

[[Page 625]]

    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping or reversing.
    (b) The drawspans for the SR543 Drawbridge, mile 1.3 at 
Riverside and the SR38 Drawbridge, mile 7.8 at Centerton, must 
operate as follows:
    (1) From April 1 through October 31 open on signal from 7 a.m. to 11 
p.m.
    (2) From November 1 through March 31 from 7 a.m. to 11 p.m., open on 
signal if at least 24 hours notice is given, except as provided in 
paragraph (a)(1) of this section.
    (3) Year round from 11 p.m. to 7 a.m. need not open for the passage 
of vessels, except as provided in paragraph (a)(1) of this section.

[CGD5 91-054, 58 FR 40591, July 29, 1993, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.747  Raritan River, Arthur Kill, and their tributaries.

    The draws of all bridges shall open on signal; except that, from 
7:30 a.m. to 10 a.m. and 5 p.m. to 7:30 p.m., the draws may be opened 
for the passage of vessels for periods no longer than 10 minutes or 
remain closed for the passage of land traffic for no longer than 10 
minutes. Public vesels of the United States and state or local vessels 
used for public safety shall be passed at any time. The owners of each 
bridge shall maintain a tug at the drawbridge to control and aid in the 
passage of vessels. The owners shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridges that they are plainly visible to operators of vessels 
approaching the bridges either up or downstream.



Sec. 117.749  Salem River.

    The draw of the S49 bridge, mile 3.5 at Salem, shall open on signal 
if at least 24 hours notice is given.



Sec. 117.750  Schellenger Creek.

    The draw of the Cape May County bridge, mile 0.3 at Cape May, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]



Sec. 117.751  Shark River (South Channel).

    The draws of S71 bridge, mile 0.8, the railroad bridge, mile 0.9, 
and the S35 bridge, mile 0.9, all at Avon, operate as follows:
    (a) The bridges operate as one unit. The owners shall provide signal 
systems so connected that the operator of any of the bridges may 
simultaneously notify the operators of the other two. The operator of 
the first bridge to be passed shall be responsible for observing the 
approach of vessels, for receiving and acknowledging signals, and for 
coordinating the opening of the other draws.
    (b) The draws shall open on signal; except that, from May 15 through 
September 30 from 4 p.m. to 7 p.m. Monday through Friday except Federal 
holidays and from 9 a.m. to 9 p.m. Saturdays, Sundays, and holidays, the 
draw need be opened only on the hour and half hour if a vessel is 
waiting to pass.
    (c) The owners of the bridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridges that they are plainly visible to operators of vessels 
approaching the bridges either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]



Sec. 117.753  Ship Channel, Great Egg Harbor Bay.

    The draw of the S52 (Ship Channel) bridge, mile 0.5 between Somers 
Point and Ocean City, shall open:

[[Page 626]]

    (a) From 11 p.m. to 7 a.m., on signal, if at least 24 hours advance 
notice is given.
    (b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., on 
the hour and half hour.
    (c) At all other times, on signal, for any vessel.

[CGD05-97-002, 62 FR 45160, Aug. 26, 1997]



Sec. 117.755  Shrewsbury River.

    (a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall 
open on signal; except that:
    (1) From 11 p.m. to 7 a.m. the draw shall open on signal after at 
least a 4-hour advance notice is given by calling the number posted at 
the bridge.
    (2) From May 15 through October 15, 7 a.m. to 8 p.m., the draw need 
only open on the hour and half hour.
    (3) From December 1 through March 31, the draw shall open on signal 
at all times after at least a 4-hour advance notice is given by calling 
the number posted at the bridge.
    (4) The owners of the bridge shall provide and keep in good legible 
condition, two clearance gauges, with figures not less than eight inches 
high, designed, installed, and maintained according to the provisions of 
Sec. 118.160 of this chapter.
    (b) The draw of the Monmouth County highway bridge, mile 4.0, at Sea 
Bright, shall open on signal; except that, from May 15 through September 
30, on Saturdays, Sundays, and holidays, from 9 a.m. to 7 p.m., the draw 
need open only on the hour and half hour. The draw need not be opened at 
any time for a sailboat, unless it is under auxiliary power or is towed 
by a powered vessel. The owners of the bridge shall keep in good legible 
condition two clearance gages, with figures not less than eight inches 
high, designed, installed and maintained according to the provisions of 
Sec. 118.160 of this chapter.

[CGD01-99-010, 64 FR 44130, Aug. 13, 1999, as amended by CGD01-03-002, 
68 FR 43304, July 22, 2003; CGD01-04-127, 70 FR 13102, Mar. 18, 2005]



Sec. 117.756  South River.

    The draw of the Conrail bridge, mile 2.8 at South River shall open 
on weekdays (exclusive of holidays) from December 1 through the last day 
of February if at least four hours notice is given. From March 1 through 
November 30, and December 1 through the last day of February on weekends 
and holidays the draw shall be maintained open to navigation except for 
closure to accommodate passage of a train. The draw shall be opened as 
soon as possible at all times for passage of a public vessel of the 
United States.

[CGD3 83-067, 49 FR 33014, Aug. 20, 1984]



Sec. 117.757  Townsend Inlet.

    The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open on 
signal; except from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March 
of every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.

[CGD05-06-045, 71 FR 59383, Oct. 10, 2006]



Sec. 117.758  Tuckahoe River.

    The draw of the State highway bridge, mile 8.0 at Tuckahoe, shall 
open on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD05-06-045, 71 
FR 59383, Oct. 10, 2006]



Sec. 117.759  Wading River.

    The draw of the Burlington County highway bridge, mile 5.0 at Wading 
River, shall open on signal if at least 24 hours notice is given.



Sec. 117.761  Woodbridge Creek.

    The draws of the State Street bridge, mile 0.5, and the railroad 
bridge, mile 0.6, both at Sewaren, shall open on signal if at least four 
hours notice is given.

                                New York



Sec. 117.769  Black Rock Canal.

    The draws of the Ferry Street bridge, mile 2.6, and Canadian 
National Railway bridge, mile 3.8, both at Buffalo, shall operate as 
follows:
    (a) From April 15 through November 30, the draws shall open on 
signal. However, between the hours of 12 midnight

[[Page 627]]

and 8 a.m., seven days a week, no bridgetender is required to be in 
attendance at the bridges and the draws shall open on signal if notice 
is given to the owners at least two hours in advance of a vessel's 
intended time of passage through the draws.
    (b) From December 1 through April 14, no bridgetender is required to 
be in attendance at the bridges and the draws shall open on signal if 
notice is given to the owners at least four hours in advance of a 
vessel's time of intended passage through the draws.

[CGD09-94-008, 59 FR 50167, Oct. 3, 1994]



Sec. 117.771  Bronx River.

    (a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the 
Bronx, New York, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline, or the NYCDOT Bridge Operations Office. From 7 
a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday, the bridge 
need not be opened for the passage of vessels.
    (b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New York, 
need not be opened for the passage of vessels.
    (c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the 
Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide and 
keep in good legible condition two clearance gauges designed, installed 
and maintained in accordance with the provisions of Sec. 118.160 of 
this chapter.

[CGD01-97-018, 62 FR 54385, Oct. 20, 1997, as amended by CGD01-99-070, 
65 FR 45718, July 25, 2000]



Sec. 117.773  Buffalo River.

    (a) The draw of the Michigan Avenue bridge, mile 1.3, at Buffalo, 
shall operate as follows:
    (1) From March 22 through December 15, the draw shall open within 20 
minutes of signal. However, the draw need not open from 7:30 a.m. to 9 
a.m., and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (b) The draw of the Ohio Street bridge, mile 2.1, at Buffalo, shall 
operate as follows:
    (1) From March 22 through December 15, the draw shall open on signal 
within 20 minutes after a request is made to the Michigan Avenue 
drawtender. However, the draw need not open from 7:30 a.m. to 9 a.m., 
and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (3) In addition to the standard signals required for requesting the 
bridge to open, the owners of this bridge shall maintain and monitor a 
marine radiotelephone for use by the Michigan Avenue drawtender for 
receiving requests for opening the Ohio Street bridge. The drawtender 
shall maintain communications with any transiting vessel until the 
vessel has cleared both the Ohio Street and Michigan Avenue draws.
    (c) The draws of the CSX Transportation railroad bridges, miles 4.02 
and 4.39, both at Buffalo, shall open on signal if notice is given at 
least 4 hours in advance of a vessel's time of intended passage through 
the draws.
    (d) The South Park Avenue bridge, mile 5.3, at Buffalo, shall open 
on signal if notice is given at least 4 hours in advance of a vessel's 
time of intended passage through the draw. However, the draw need not 
open from 7 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., Monday 
through Saturday.
    (e) The periods when the bridges need not open on signal prescribed 
in paragraphs (a)(1), (b)(1), and (d) in this section shall not be 
effective on Sundays, and on New Year's Day, Memorial Day, Fourth of 
July, Labor Day, Thanksgiving Day, Christmas Day, or days observed in 
lieu of any of these under State law.

[CGD09-95-022, 61 FR 10467, Mar. 14, 1996, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]

[[Page 628]]



Sec. 117.779  Eastchester Bay (Arm of).

    The draw of the highway bridge, mile 2.2 between Rodman Neck and 
City Island, need not be opened for the passage of vessels.



Sec. 117.781  East River.

    The following requirements apply to the Roosevelt Island bridge, 
mile 6.4 at New York City, as follows:
    (a) Public vessels of the United States Government, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through the draws of each bridge as soon as possible without delay at 
anytime. The opening signal from these vessels shall be four or more 
short blasts of a whistle, horn or radio request.
    (b) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (c) The draw of the Roosevelt Island bridge shall open on signal if 
at least two hour advance notice is given to the drawtender at the Grand 
Street/Avenue bridge, mile 3.1 across Newtown Creek (East Branch), the 
New York Department of Transportation (NYCDOT) Radio Hotline or NYCDOT 
Bridge Operations Office. In the event the drawtender is at Borden 
Avenue or Hunters Point Avenue bridges mile 1.2 and 1.4, respectively, 
across Dutch Kills, up to an additional half hour delay may be required.

[CGD1-90-040, 55 FR 37710, Sept. 13, 1990]



Sec. 117.785  Genessee River.

    (a) The following applies to all bridges listed in this section:
    (1) At all times, public vessels of the United States, vessels in 
distress, and vessels seeking shelter from rough weather shall be passed 
through the bridges as soon as possible.
    (2) Clearance gages of a type approved by the Commander, Ninth Coast 
Guard District, shall be installed on the upstream and downstream sides 
of each drawbridge by and at the expense of the owner of or agency 
controlling the bridge and the gages shall be kept in good repair and 
legible condition.
    (b) The draw of the CSX Transportation bridge, mile 0.9 at 
Rochester, shall open on signal; except that, from December 15 through 
March 31, the draw shall open on signal if at least 12 hours notice is 
given.
    (c) The draw of the Stutson Street bridge, mile 1.2 at Rochester, 
shall open on signal from April 1 through December 15; however, from 7 
a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday except 
Federal holidays, the draw need be opened only for the passage of 
commercial vessels. From 9 a.m. to 4 p.m. and 6 p.m. to 11 p.m. Monday 
through Friday except Federal holidays, and from 7 a.m. to 11 p.m. on 
Saturdays, Sundays, and Federal holidays, the draw need be opened only 
on the hour and half hour, except that commercial vessels shall be 
passed at any time. From December 16 through March 31, the draw shall 
open on signal if at least 12 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 117.787  Gowanus Canal.

    The draws of the Ninth Street Bridge, mile 1.4, the Third Street 
Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the Union 
Street Bridge, mile 2.1, at Brooklyn, shall open on signal, if at least 
a two-hour advance notice is given to the New York City Department of 
Transportation (NYCDOT), Radio Hotline, or the NYCDOT Bridge Operations 
Office.

[CGD01-99-067, 65 FR 46870, Aug. 1, 2000]



Sec. 117.789  Harlem River.

    (a) The drawspan of each drawbridge across the Harlem River, except 
the Spuyten Duyvil Railroad Drawbridge, need not be opened from 5 p.m. 
to 10 a.m. However, at all times, public vessels of the United States 
must be passed through the drawspan of each drawbridge, listed in this 
section, as soon as possible.
    (b) The draws of the railroad bridges across this waterway need not 
open on signal from the time an express passenger train scheduled to 
cross the bridge is within five minutes of the

[[Page 629]]

bridge until the train has crossed the bridge.
    (c)(1) The draws of the bridges at 103 Street, mile 0.0, Willis 
Avenue, mile 1.5, Third Avenue, mile 1.9, Madison Avenue, mile 2.3, 145 
Street, mile 2.8, Macombs Dam, mile 3.2, 207 Street, mile 6.0, and the 
two Broadway Bridges, mile 6.8, shall open on signal from 10 a.m. to 5 
p.m. if at least four hours notice is given to the New York City Highway 
Radio (Hotline) Room.
    (2) The Willis Avenue Bridge, mile 1.5, the Third Avenue Bridge, 
mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not open for 
vessel traffic at various times between 8 a.m. and 5 p.m. on the first 
Sunday in May and November. The exact time and date of each bridge 
closure will be published in the Local Notice to Mariners several weeks 
prior to the first Sunday of both May and November.
    (d) The draw of the Triborough (125th Street) bridge, mile 1.3, 
shall open on signal from 10 a.m. to 5 p.m. if at least four hours 
notice is given.
    (e) The draw of the Metro North (Park Avenue) Bridge, mile 2.1, 
shall open on signal, except as provided in paragraph (b) of this 
section, from 10 a.m. to 5 p.m., if at least a four-hour advance notice 
is given by calling the number posted at the bridge.
    (f) The draw of the Spuyten Duyvil railroad bridge, mile 7.9, shall 
open on signal at any time, except as provided in paragraph (b) of this 
section.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984, as amended by CGD01-01-048, 66 
FR 62936, Dec. 4, 2001; CGD01-02-007, 67 FR 6648, Feb. 13, 2002; CGD01-
04-019, 69 FR 34572, June 22, 2004; USCG-2001-10881, 71 FR 70312, Dec. 
4, 2006]



Sec. 117.791  Hudson River.

    (a) The draws of the bridges listed in this section shall open as 
soon as possible at any time for the passage of the following vessels:
    (1) Downbound vessels during a freshet of a height exceeding an 
elevation determined by the District Commander.
    (2) Public vessels of the United States.
    (3) Vessels of 500 tons or more.
    (4) Tugs with a tow on a hawser.
    (b) The draws of the bridges listed in this section shall not remain 
open for more than 15 minutes and may remain closed for up to 10 minutes 
to allow accumulated land traffic to pass.
    (c) The draw of the CSX Transportation bridge, mile 146.2 between 
Albany and Rensselaer, shall open on signal; except that, from December 
16 through March 31, the draw shall open on signal if at least 24 hours 
notice is given.
    (d) The draw of the state highway bridge, mile 150.2 between Troy 
and Menands, need not be opened for the passage of vessels.
    (e) The draw of the highway bridge, mile 152.7 between Troy and 
Green Island, operates as follows:
    (1) From April 1 through December 15, the draw shall open on signal 
from 9 a.m. to 4 p.m.; except that, the draw need not be opened from 6 
p.m. to 7 a.m., unless notice is given before 4:30 p.m. of the time the 
vessel is expected to pass, and need not open from 7 a.m. to 9 a.m. and 
4 p.m. to 6 p.m.
    (2) From December 16 through March 31, the draw need not be opened.
    (f) The draws of the 112th Street bridge, mile 155.4 between Troy 
and Cohoes operate as follows:
    (1) The draws shall open on signal from 9 a.m. to 4 p.m.
    (2) The draws shall open on signal from 6 p.m. to 7 a.m., if notice 
is given, before 4:30 p.m., of the time the vessel is expected to pass.
    (3) The draws need not be opened from 7 a.m. to 9 a.m. and 4 p.m. to 
6 p.m.
    (4) During the period that the Federal Lock at Troy is inoperative, 
the drawspans need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended at 49 FR 43462, Oct. 
29, 1984, CGD3 85-42, 50 FR 26713, June 28, 1985; USCG-1999-5832, 64 FR 
34712, June 29, 1999; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.793  Hutchinson River (Eastchester Creek).

    (a) The following requirements apply to all bridges across 
Hutchinson River (Eastchester Creek):
    (1) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches

[[Page 630]]

high designed, installed and maintained according to the provision of 
Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed ten minutes except as provided in 
Sec. 117.31(b). However, if a train moving toward the bridge has 
crossed the home signal for the bridge before the signal requesting 
opening of the bridge is given, the train may continue across the bridge 
and must clear the bridge interlocks before stopping.
    (3) Except as provided in paragraphs (b) and (c) of this section 
each draw shall open on signal.
    (b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, at 
the Bronx, New York shall open on signal if at least a two-hour notice 
is given to the New York City Department of Transportation (NYCDOT) 
Radio Hotline, or the NYCDOT Bridge Operations Office.
    (c) The draw of the South Fulton Avenue Bridge, mile 2.9, shall open 
on signal from three hours before to three hours after the predicted 
high tide. For the purposes of this section, predicted high tide occurs 
four hours after predicted high water for New York (Battery), as given 
in the tide tables published by private entities using data provided by 
the National Ocean Service.
    (1) At all other times, the bridge shall open on signal if at least 
four hours advance notice is given to the Westchester County Road 
Maintenance Division during normal work hours or to the County's Parkway 
Police at all other times.
    (2) The bridge tender shall honor requests for opening within six 
hours after predicated high water if such request is given to the bridge 
tender while he or she is on station (three hours before to three hours 
after predicted high tide).

[CGD01-93-009, 58 FR 42859, Aug. 12, 1993, as amended by CGD01-97-125, 
63 FR 18321, Apr. 15, 1998; CGD01-99-070, 65 FR 45718, July 25, 2000; 
USCG-2001-9286, 66 FR 33641, June 25, 2001; CGD01-04-033, 69 FR 35246, 
June 24, 2001]



Sec. 117.795  Jamaica Bay and Connecting Waterways.

    (a) The draw of the Marine Parkway bridge, mile 3.0 over Rockaway 
Inlet, shall open on signal Monday through Friday from 8 a.m. to 4 p.m. 
At all other times, the draw shall open on signal if at least eight 
hours notice is given; however, the draw shall open on signal if at 
least a one hour notice is given for the passage of U.S. Navy or 
National Oceanic and Atmospheric Administration vessels.
    (b) The draws of the New York City highway bridge, mile 0.8 across 
Mill Basin on Belt Parkway, need not be opened for the passage of 
vessels from noon to 9 p.m. on Sundays from May 15 to September 30, and 
on Memorial Day, Independence Day, and Labor Day. However, on these 
days, from two hours before to one hour after predicted high tide, the 
draw shall open on signal. For the purpose of this section, predicted 
high tide occurs 15 minutes later than that predicted for Sandy Hook, as 
given in the tide tables published by private entities using data 
provided by the National Ocean Service. At all times, public vessels of 
the United States and state or local vessels used for public safety 
shall be passed as soon as possible.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001; CGD01-06-033, 71 FR 61897, Oct. 20, 2006; 
USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.797  Lake Champlain.

    (a) The drawspan for each drawbridge listed in this section must 
open as soon as possible for public vessels of the United States.
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour from 
May 15th through October 15th from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15th through October 15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16th through May 14th 
if at least four hours notice is given by calling the number posted at 
the bridge.

[[Page 631]]

    (c) The draw of the Central Vermont Railway bridge across Missisquoi 
Bay, mile 105.6 shall open on signal:
    (1) From June 15 through September 15:
    (i) Monday through Friday from 9 a.m. to 5 p.m.;
    (ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. 
to 11 p.m.;
    (iii) At all other times, if at least two hours notice is given.
    (2) From September 16 through June 14 if at least 24 hours notice is 
given.
    (d) The draw of the SR78 bridge, mile 105.9 across the entrance to 
Missisquoi Bay between Alburg Tongue and Hog Island at East Alburg, 
shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 49452, Dec. 20, 1984; CGD01-98-032, 64 FR 28103, May 25, 1999; USCG-
2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.799  Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal.

    (a) At all times, public vessels of the United States must be passed 
through the drawspan of each drawbridge listed in this section as soon 
as possible.
    (b) The draw of each bridge listed in this section need not be 
opened for sailing vessels, unless the vessels are under machinery power 
or under tow, if an opening would unduly delay other vessel or vehicular 
traffic.
    (c) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures not less than eight inches high to indicate the vertical 
clearance under the closed draw at all stages of the tide. The gages 
shall be so placed on the bridges that they are plainly visible to 
operators of vessels approaching the bridges either up or downstream.
    (d) The draws of the West Bay bridge, mile 0.1 across Quantuck 
Canal, Beach Lane bridge, mile 1.1 across Quantuck Canal, Quoque bridge, 
mile 1.1 across Quoque Canal and the Smith Point bridge, mile 6.1 across 
Narrow Bay shall open on signal from October 1 through April 30 from 8 
a.m. to 4 p.m. and from May 1 through September 30 from 6 a.m. to 10 
p.m. At all other times during these periods, the draws shall open as 
soon as possible but no more than one hour after a request to open is 
received.
    (e) The draw of the Atlantic Beach Bridge across Reynolds Channel, 
mile 0.4, shall open on signal--
    (1) From October 1 through May 14;
    (2) From May 15 through September 30, except that it need be opened 
only on the hour and half-hour from 4 p.m. to 7 p.m. on weekdays and 
from 11 a.m. to 9 p.m. on Saturdays, Sundays, Memorial Day, Independence 
Day, and Labor Day; and
    (3) From May 15 through September 30, from two hours before to one 
hour after predicted high tide. Predicted high tide occurs 10 minutes 
earlier than that predicted for Sandy Hook, as given in the tide table 
published by the National Oceanic and Atmospheric Administration.
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile 0.7, 
shall open on signal every other hour on the even hour; except that, 
from April 1 through October 31 on Saturdays, Sundays, and Federal 
holidays, the draw shall open on signal every three hours beginning at 3 
a.m. If an opening is desired at other than a scheduled time, notice may 
be given from the telephone located on either side of the bridge or via 
marine radiotelephone.
    (g) The draw of the Long Beach Bridge across Reynolds Channel, mile 
4.7, shall open on signal; except that:
    (1) From midnight to 8 a.m. year-round, the draw shall open on 
signal if at least four hours notice is given; and
    (2) From 3 p.m. to 8 p.m. on Saturdays, Sundays, and holidays from 
May 15 through September 30, the draw need be opened only on the hour 
and half hour.
    (3) From 10 p.m. to midnight on July 3 each year the draw need not 
open for the passage of vessel traffic.
    (h) The draw of the Meadowbrook State Parkway Bridge, mile 12.8, 
across Sloop Channel, shall open on signal if at least a one-half hour 
notice is given to the New York State Department of Transportation, as 
follows:
    (1) Every other hour on the even hour.

[[Page 632]]

    (2) From April 1 through October 31, on Saturdays, Sundays, and 
Federal holidays, every three hours beginning at 1:30 a.m. Notice may be 
given from the telephone located at the moorings on each side of the 
bridge or by marine radio.
    (3) From 9 p.m. to midnight, on the Fourth of July, the Meadowbrook 
State Parkway Bridge need not open for the passage of vessel traffic.
    (i) The draws of the Wantagh State Parkway bridge, mile 16.1 across 
Goose Creek, and the Captree State Parkway bridge, mile 30.7 across 
State Boat Channel at Captree Island, shall open on signal if at least 
one half hour notice is given to the New York State Department of 
Transportation, as follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31 on Saturdays, Sundays, and 
Federal holidays, every three hours beginning at 3 a.m. Notice may be 
given from the telephone located at the moorings on each bridge or by 
marine radiotelephone.
    (j) The Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, 
from April 22, 2002 through October 31, 2002, shall open on signal, 
except as follows:
    (1) Only one moveable bridge span need be opened for the passage of 
vessel traffic between 7 a.m. to 5 p.m., daily, except as provided in 
paragraph (j)(3) of this section.
    (2) From 4 p.m. to 7 p.m. on weekdays, and from 11 a.m. to 9 p.m. on 
weekends and holidays, the draw shall open on signal only on the hour 
and half-hour, except as provided in paragraph (j)(3) of this section.
    (3) From one-hour before to one-hour after the predicted high tide, 
two moveable spans may be opened for the passage of vessel traffic, 
provided at least a two-hour advance notice is given by calling the 
number posted at the bridge. For the purposes of this section, predicted 
high tide occurs 10 minutes earlier than that predicted for Sandy Hook, 
as given in the tide tables published by the National Oceanic and 
Atmospheric Administration.

[CGD3 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-51, 50 
FR 2546, Jan. 17, 1985; CGD01-99-080, 64 FR 46275, Aug. 25, 1999; CGD01-
04-025, 69 FR 34570, June 22, 2004; CGD01-04-047, 70 FR 15765, Mar. 29, 
2005; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.801  Newtown Creek, Dutch Kills, English Kills and their tributaries.

    (a) The following requirements apply to all bridges across Newtown 
Creek, Dutch Kills, English Kills, and their tributaries:
    (1) The owners of all bridges across Newtown Creek, Dutch Kills, 
English Kills and their tributaries listed under this section, shall 
provide and keep in good legible condition two clearance gauges with 
figures not less than 12 inches high designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. If a train moving toward 
the bridge has crossed the home signal for the bridge before the request 
to open the bridge is given, that train may continue across the bridge, 
but must clear the interlock before stopping.
    (b) The draws of the Long Island Railroad bridges, at mile 1.1, 
across Dutch Kills at Queens, shall open on signal if at least six-hours 
advance notice is given to the Long Island Railroad Movement Bureau, 
except as provided in paragraph (a)(2) of this section.
    (c) The draw of the Borden Avenue Bridge, mile 1.2, across Dutch 
Kills at Queens, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline or NYCDOT Bridge Operations Office.
    (d) The draw of the Hunters Point Avenue Bridge, mile 1.4, across 
Dutch Kills at Queens, shall open on signal if at least a two-hour 
advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (e) The draw of the Metropolitan Avenue Bridge, mile 3.4, across 
English

[[Page 633]]

Kills at New York City, shall open on signal if at least a two-hour 
advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (f) The draw of the Grand Street/Avenue Bridge, mile 3.1, across 
Newtown Creek (East Branch) between Brooklyn and Queens, shall open on 
signal if at least a two-hour advance notice is given to the New York 
City Department of Transportation (NYCDOT) Radio Hotline or the NYCDOT 
Bridge Operations Office.
    (g)(1) The draw of the of the Pulaski Bridge, mile 0.6, and the 
Greenpoint Avenue Bridge, mile 1.3, shall open on signal if at least a 
two hour advance notice is given to the New York City Department of 
Transportation Radio (Hotline) Room.
    (2) The Pulaski Bridge, mile 0.6, need not open for vessel traffic 
at various times between 8 a.m. and 5 p.m. on the first Sunday in both 
May and November. The exact time and date of the bridge closure will be 
published in the Local Notice to Mariners several weeks prior to the 
first Sunday of both May and November.

[CGD01-99-069, 65 FR 46872, Aug. 1, 2000, as amended by CGD01-04-019, 69 
FR 34573, June 22, 2004]



Sec. 117.802  New Rochelle Harbor.

    (a) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle, 
New York, shall open on signal, except as follows:
    (1) two hours advance notice shall be given for openings from 12 
midnight to 6 a.m. from May 1st through October 31st by calling the 
number posted at the bridge.
    (2) twenty-four hours advance notice shall be given for openings 
from 8 p.m. to 8 a.m. from November 1st through April 30th by calling 
the number posted at the bridge.
    (b) The owner of the bridge shall provide, and keep in good legible 
condition, clearance gauges with figures not less than twelve (12) 
inches high designed, installed, and maintained according to the 
provisions of Sec. 118.160 of this chapter.

[CGD1-95-002, 63 FR 27680, May 20, 1998]



Sec. 117.803  Niagara River.

    The draw of the Canadian National Railway bridge, mile 33.0 at 
Buffalo, need not be opened for the passage of vessels.



Sec. 117.805  Peekskill (Annsville) Creek.

    The draw of the Conrail bridge, mile 0.0 at Peekskill, need not be 
opened for the passage of vessels.



Sec. 117.809  Tonawanda Creek.

    The draw of the Penn Central Corporation railroad bridge, mile 0.1 
at Tonawanda, is permanently maintained in the open position.



Sec. 117.811  Tonawanda Harbor.

    The draw of the Tonawanda Island Railroad bridge, mile 0.2 between 
North Tonawanda and Tonawanda Island, shall open on signal if at least 
24 hours notice is given.



Sec. 117.813  Wappinger Creek.

    The draw of the Metro-North Commuter railroad bridge, mile 0.0 at 
New Hamburg, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec. 117.815  Westchester Creek.

    The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, at 
the Bronx, New York, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) radio hotline, or the NYCDOT Bridge Operations Office. The draw 
need not be opened for vessel traffic from 7 a.m. to 9 a.m. and 4 p.m. 
to 6 p.m., Monday through Friday. The owner of the bridge shall provide 
clearance gauges according to the provisions of Sec. 118.160 of this 
chapter.

[CGD01-99-070, 65 FR 45718, July 25, 2000]

                             North Carolina



Sec. 117.820  Atlantic Intracoastal Waterway (Alternate Route), Great Dismal Swamp Canal.

    The draw of the Great Dismal Swamp Canal Bridge, mile 28.0 at South 
Mills, NC, shall operate as follows:

[[Page 634]]

    (a) The draw shall remain in the open position for navigation. The 
draw shall only be closed for pedestrian crossings or periodic 
maintenance authorized in accordance with Subpart A of this part.
    (b) The bridge shall be operated by the Park Service Rangers at the 
Great Dismal Swamp Visitors Center. Operational information will be 
provided 24 hours a day on marine channel 13.
    (c) The bridge shall not be operated when the operator's visibility 
is impaired.
    (d) Before the bridge closes for any reason, the operator will 
monitor waterway traffic in the area. The bridge shall only be closed if 
the operator's visual inspection shows that the channel is clear and 
there are no vessels transiting in the area. While the bridge is moving, 
the operator shall maintain constant surveillance of the navigation 
channel.
    (e) Before closing the draw, the horn will sound five short blasts. 
Five short blasts of the horn will continue until the bridge is seated 
and locked down to vessels.
    (f) When pedestrian traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic.

[CGD05-06-017, 71 FR 40420, July 17, 2006]



Sec. 117.821  Atlantic Intracoastal Waterway, Albermarle Sound to Sunset Beach.

    (a) The drawbridges across the Atlantic Intracoastal Waterway in 
North Carolina shall open on signal for commercial vessels at all times 
and on signal for pleasure vessels, except at the times and during the 
periods specified in this paragraph:
    (1) Onslow Beach Swing Bridge, mile 240.7, at Cap Lejeune, NC, 
between 7 a.m. and 7 p.m., the draw need only open on the hour and half 
hour.
    (2) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m. and 
7 p.m., the draw need only open on the hour.
    (3) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the 
draw need only open on the hour and half hour.
    (4) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 7 
a.m. and 7 p.m., the draw need only open on the hour; except that from 7 
a.m. to 11 a.m. on the third and fourth Saturday in September of every 
year, the draw need not open for vessels due to the Triathlon run.
    (5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open on 
the hour on signal between 7 a.m. and 7 p.m., April 1 to November 30, 
except that on Saturdays, Sundays and Federal holidays, from June 1 
through September 30, the bridge shall open on signal on the hour 
between 7 a.m. and 9 p.m.
    (b) If a pleasure vessel is approaching a drawbridge which is only 
required to open on the hour or on the hour and half hour, and cannot 
reach the drawbridge on the hour or on the half hour, the drawtender may 
delay the required opening up to 10 minutes past the hour or half hour.

[CGD05-97-072, 63 FR 9419, Feb. 25, 1998, as amended by CGD05-98-030, 63 
FR 24427, May 4, 1998; USCG-1999-5832, 64 FR 34712, June 29, 1999; 
CGD05-05-102, 71 FR 5010, Jan. 31, 2006; USCG-2001-10881, 71 FR 70312, 
Dec. 4, 2006]



Sec. 117.822  Beaufort Channel, NC.

    The draw of the US 70 bridge, mile 0.1, at Beaufort, shall open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open every hour on 
the hour and on the half hour; except that Monday through Friday the 
bridge need not open between the hours of 6:30 a.m. to 8 a.m. and 4:30 
p.m. to 6 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

[CGD05-01-001, 66 FR 40119, Aug. 2, 2001]



Sec. 117.823  Cape Fear River.

    The draw of the Cape Fear Memorial Bridge, mile 26.8, at Wilmington 
need not open for the passage of vessel from 8 a.m. to 10 a.m. on the 
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on the 
second Sunday of November of every year.

[CGD05-05-102, 71 FR 5010, Jan. 31, 2006]



Sec. 117.824  Neuse River.

    (a) The draw of the U.S. 17 bridge, mile 33.7, at New Bern:
    (1) Need not open from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to 
6:00 p.m., Monday through Friday, for pleasure vessels. However, the 
draw shall open

[[Page 635]]

at 7:30 a.m. and 5:00 p.m., for any vessel waiting to pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 through 
September 8, on Sundays and Federal holidays, for pleasure vessels. 
However, the draw shall open at 4:00 p.m. and 6:00 p.m., for any vessel 
waiting to pass.
    (3) Must always open on signal for public vessels of the United 
States.
    (4) Shall open on signal at all other times.
    (b) The draw of the Atlantic and East Carolina Railway bridge, mile 
80.0 at Kinston, shall open on signal if at least 24 hours notice is 
given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-88-054, 54 FR 
3778, Jan. 26, 1989. Redesignated by CGD05-05-102, 71 FR 5010, Jan. 31, 
2006 and amended by USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.825  Newport River.

    The draw of the Atlantic and East Carolina Railway bridge, mile 13.0 
at Newport, need not be opened for the passage of vessels.



Sec. 117.829  Northeast Cape Fear River.

    (a) The draw of the Isabel S. Holmes Bridge, at mile 1.0, at 
Wilmington, North Carolina will operate as follows:
    (1) The draw will be closed to pleasure craft from 6 a.m. to 6 p.m. 
every day except at 10 a.m. and 2 p.m. when the draw will open for all 
waiting vessels.
    (2) The draw will open on signal for Government and commercial 
vessels at all times.
    (3) The draw will open for all vessels on signal from 6 p.m. to 6 
a.m.
    (4) From 8 a.m. to 10 a.m. on the second Saturday of July of every 
year, and from 7 a.m. to 11 a.m. on the second Sunday of November of 
every year, the draw need not open for vessels.
    (b) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NC shall 
operate as follows:
    (1) The draw of the bridge to be remotely operated by the controller 
at the Navassa Railroad Bridge mile 34.0 across the Cape Fear River.
    (2) The draw shall be left in the open position to vessels and will 
only be closed for the passage of trains and to perform periodic 
maintenance authorized in accordance with Subpart A of this part.
    (3) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in 117.31(b).
    (4) The CSX Hilton Railroad Bridge shall not be operated by the 
controller at the CSX Navassa Railroad in the event of failure or 
obstruction of the motion sensors, laser scanners, video cameras or 
marine-radio communications. In these situations, a bridge tender must 
be called to operate the bridge on-site.
    (5) When rail traffic has cleared, the horn will automatically sound 
one prolonged blast followed by one short blast to indicate that the CSX 
Hilton Railroad Bridge is moving to the full open position to vessels. 
During open span movement, the channel traffic lights will flash red, 
until the bridge is in the full open position to vessels. In the full 
open position to vessels, the bridge channel traffic lights will flash 
green, allowing vessels to pass safely.
    (6) During closing span movement, the channel traffic lights will 
flash red, the horn will sound five short blasts, and an audio voice-
warning device will announce bridge movement. Five short blasts of the 
horn will continue until the bridge is seated and locked down. When the 
bridge is seated and in the locked down position to vessels, the channel 
traffic lights will continue to flash red.
    (c) The draw of the Seaboard System Railroad Bridge across the 
Northeast Cape Fear River, mile 27.0, at Castle Hayne, North Carolina 
shall open on signal if at least four hours notice is given.

[CGD05-02-014, 67 FR 70554, Nov. 25, 2002, as amended by CGD05-04-120, 
69 FR 70061, Dec. 2, 2004; CGD05-05-102, 71 FR 5010, Jan. 31, 2006]



Sec. 117.831  Pamlico and Tar Rivers.

    The draws of the US17-264 bridge, mile 37.2 at Washington, and the 
Boyds Ferry bridge, mile 44.8 at Grimesland, shall open on signal if at 
least 24 hours notice is given. The bridge owners shall restore constant 
attendance when so directed by the District Commander.

[[Page 636]]



Sec. 117.833  Pasquotank River.

    (a) The draw of the Albemarle & Chesapeake railroad bridge, mile 
47.7, at Elizabeth City, North Carolina, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender shall 
be present to reopen the draw after the train has cleared the bridge.
    (b) The draw of the US 158 Highway Bridge, mile 50.7, at Elizabeth 
City, shall open on signal; except that between 7 a.m. and 9 a.m., and 4 
p.m. and 6 p.m., Monday through Friday, the draw need open only at 7:30 
a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any pleasure vessels 
waiting to pass.

[CGD05-94-118, 60 FR 40098, Aug. 7, 1995, as amended by CGD05-97-009, 62 
FR 66006, Dec. 17, 1997]



Sec. 117.835  Perquimans River.

    The draw of the US17 bridge, mile 12.0 at Hertford, shall open on 
signal from 8 a.m. to midnight from April 1 through September 30 and 
from 10 a.m. to 10 p.m. from October 1 through March 31. The draw need 
not be opened at all other times.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.837  Roanoke River.

    The draw of the Seaboard System Railroad bridge, mile 94.0 at 
Palmyra, need not be opened for the passage of vessels.

[CGD5-92-004, 57 FR 11580, Apr. 6, 1992]



Sec. 117.841  Smith Creek.

    The draw of the S117-S133 bridge, mile 1.5 at Wilmington, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.843  Trent River.

    (a) The draw of the U.S. 70 bridge, mile 0.0, at New Bern:
    (1) Need not open from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to 
6:00 p.m., Monday through Friday, for pleasure vessels. However, the 
draw shall open at 7:30 a.m. and 5:00 p.m. for any vessel waiting to 
pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 through 
September 8, on Sundays and Federal holidays, for pleasure vessels. 
However, the draw shall open at 4:00 p.m. and 6:00 p.m. for any vessel 
waiting to pass.
    (3) Must always open on signal for public vessels of the United 
States.
    (4) Shall open on signal at all other times.
    (b) The draws of the Seaboard System Railroad bridge, mile 18.0 near 
Pollocksville, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-88-53, 54 FR 
1361, Jan. 13, 1989; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]

                                  Ohio



Sec. 117.847  Ashtabula River.

    (a) The draw of the Fifth Street bridge, mile 1.4 at Ashtabula, 
shall open on signal for the passage of commercial and emergency vessels 
and on the hour and half hour for all other vessels.
    (b) The draw of the Norfolk Southern bridge, mile 1.5 at Ashtabula, 
shall open on signal from April 1 through November 30 from 7 a.m. to 11 
p.m. At all other times the draw shall open on signal if at least 24 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 117.849  Muskingum River (Zanesville Canal).

    The draw of the Conrail bridge, mile 77.1 at Zanesville, shall open 
on signal Tuesday through Friday if the Conrail office is notified by 
12:01 p.m. on the day preceding the day the opening is required. For 
openings Saturday through Monday, the Conrail office shall be notified 
by 12:01 p.m. on Friday specifying which day and time the opening is 
required. In case of emergency, the draw shall open as soon as possible.



Sec. 117.850  Black River.

    The draw of the Erie Avenue bridge, mile 0.6, at Lorain shall open 
on signal except as follows:

[[Page 637]]

    (a) From April 1 through December 31--
    (1) From 7 a.m. to 6 p.m., Monday through Friday, except legal 
holidays, the draw need open only on the hour and half-hour for pleasure 
craft; however, the draw need not open for pleasure craft at 8 a.m., 3 
p.m., 4 p.m. and 5 p.m. For commercial vessels the draw shall open on 
signal as soon as possible.
    (2) From 11 a.m. to 6 p.m., Saturdays, Sundays and legal holidays, 
the draw need open only on the hour and half-hour for pleasure craft. 
For commercial vessels the draw shall open on signal as soon as 
possible.
    (3) From 11 p.m. to 7 a.m., seven days a week and legal holidays, no 
bridgetender is required to be in constant attendance and the bridge 
shall open on signal for pleasure craft and commercial vessels if at 
least a one hour advance notice is given.
    (b) From January 1 through March 31, the draw shall open on signal 
for pleasure craft and commercial vessels if at least a twelve hour 
advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CCGD09 86-01, 51 FR 28380, Aug. 7, 1986]



Sec. 117.851  Portage River.

    (a) Public vessels of the United States, State or local government 
vessels used for public safety, vessels in distress and vessels seeking 
shelter from rough weather shall be passed through the draws listed in 
this section as soon as possible. Except as provided in paragraph 
(c)(1)(ii) with respect to the Monroe Street bridge, commercial vessels 
shall be passed through the draws of this section as soon as possible.
    (b) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) The draw of the Monroe Street bridge, mile 0.4 at Port Clinton, 
shall open as follows:
    (1) From May 1 through November 30--
    (i) Between the hours of 12 midnight and 6 a.m., the draw shall open 
on signal.
    (ii) Between the hours of 6 a.m. and 12 midnight, the draw shall 
open on signal. However, the draw need not open on signal during this 
time for recreational craft and commercial vessels licensed to carry 
fifteen or less passengers, or less than ten gross tons, unless in 
distress or seeking shelter from rough weather. For these vessels, the 
draw need open only from three minutes before to three minutes after the 
hour and half-hour.
    (2) From December 1 through April 30, the draw shall open on signal 
if at least 24 hours' notice is given.
    (d) The draw of the Norfolk Southern bridge, mile 1.5 at Port 
Clinton, shall open on signal. However, from December 1 through April 
30, the draw shall open on signal if at least 24 hours' notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09 89-07, 54 
FR 41965, Oct. 13, 1989; USCG-1999-5832, 64 FR 34712, June 29, 1999]



Sec. 117.853  Sandusky Bay.

    The draw of the Norfolk Southern bridge, mile 3.5 at Sandusky, shall 
open on signal from April 1 through October 31 and from November 1 
through November 30 from 8 a.m. to 4 p.m. At all other times, the draw 
shall open on signal if at least 24 hours notice is given to the Chief 
Dispatcher, Central Union Terminal, Toledo.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09 90-06, 55 
FR 10769, Mar. 23, 1990; USCG-1999-5832, 64 FR 34712, June 29, 1999]



Sec. 117.855  Maumee River.

    (a) The draw of the Craig Memorial highway bridge, mile 3.30, at 
Toledo, shall operate as follows:
    (1) From April through December 20--
    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes after the hour and half-hour 
with no

[[Page 638]]

opening required at 7:30 a.m. and 4:30 p.m. for pleasure craft; for 
commercial vessels, during this period of time, the draw shall open on 
signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be on duty at the bridge and the draw shall open on signal from 
December 21 through December 31, if at least a four hour advance notice 
is given and from January 1 through March 31, if at least a twelve hour 
advance notice is given.
    (b) The draw of the Cherry Street highway bridge, mile 4.30 at 
Toledo, shall operate as follows:
    (1) From April 1 through December 20--
    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes after the quarter and three-
quarter hour with no opening required at 7:45 a.m. and 4:45 p.m. for 
pleasure craft; for commercial vessels, during this period of time, the 
draw shall open on signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be at the bridge and the draw shall open on signal from December 21 
through December 31, if at least a four hour advance notice is given and 
from January 1 through March 31, if at least a twelve hour advance 
notice is given.
    (c) The draws of the CSX Transportation railroad bridge, mile 1.07, 
Norfolk Southern railroad bridge, mile 1.80 and Norfolk Southern 
railroad bridge, mile 5.76, all at Toledo, shall operate as follows:
    (1) From April 1 through December 20, the draws shall open on signal 
for all vessels.
    (2) From December 21 through March 31, no bridgetenders are required 
to be at the bridges and the draws shall open on signal for commercial 
vessels and pleasure craft from December 21 through December 31, if at 
least a four hour advance notice is given and from January 1 through 
March 31, if at least a twelve hour advance notice is given.
    (d) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, state or local 
government vessels used for public safety and vessels in distress.

[CCGD09 86-11, 51 FR 39858, Nov. 3, 1986, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]

                                 Oregon



Sec. 117.861  Blind Slough.

    The draws of the Portland and Western railroad bridge, mile 1.1 at 
Knappa, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 117.865  Clatskanie River.

    The draw of the Portland and Western railroad bridge, mile 0.7 at 
Clatskanie, shall open on signal if at least one hours notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 Bridges, mile 106.5, between 
Portland, OR, and Vancouver, WA, shall open on signal except that the 
draws need not be opened for the passage of vessels from 6:30 a.m. to 9 
a.m. and from 2:30

[[Page 639]]

p.m. to 6 p.m. Monday through Friday except federal holidays.
    (b) The draw of the Port of Hood River bridge, mile 169.8 at Hood 
River, shall open on signal if at least 12 hours notice is given.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 201.2, between Celilo, Oregon, and Wishram, Washington, is 
automated and is normally maintained in the fully open-to-navigation 
position.
    (1) Lights. All lights required for automated operation shall be 
visible to marine traffic for a distance of at least 2 miles and shall 
be displayed at all times, day and night.
    (i) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (ii) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (iii) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed at the center of the 
drawspan on both upstream and downstream sides.
    (2) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an 8-minute delay, the green lights shall 
change to red, the drawspan shall lower and lock, and the yellow lights 
shall be extinguished. Red lights shall continue to be displayed until 
the train has crossed and the drawspan is again in the fully open 
position. At that time, the red lights shall change to green.
    (3) Vessels equipped with radiotelephones may contact Burlington 
Northern Santa Fe to obtain information on the status of the bridge. 
Bridge status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.
    (d) The draws of the Interstate 5 Bridges, mile 106.5, between 
Portland, OR, and Vancouver, WA, need not open for the passage of 
vessels from 6:30 a.m. on July 15, 2004, to 9 p.m. on August 6, 2004, 
and at no other time until 9 p.m. on October 15 except for scheduled 
openings on signal at 9 p.m. on August 6 and 20, September 3 and 17, and 
October 1, 2004.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CCGD13 85-02, 50 
FR 31591, Aug. 5, 1985; CGD13-93-031, 60 FR 32268, June 21, 1995; CGD13-
99-011, 65 FR 1544, Jan. 11, 2000]



Sec. 117.871  Coos Bay.

    The draw of the Union Pacific railroad bridge, mile 9.0 at North 
Bend, shall be maintained in the fully open position, except for the 
crossing of trains or for maintenance. During foggy weather, a fog bell 
installed in the center of the draw shall be rung continuously, striking 
every 10 seconds. At any time during foggy weather when the draw is 
closed and passage is not clear for vessels, a siren shall be sounded 
continuously. The siren shall be capable of being heard at a distance of 
one mile from the draw. When the bridge is again opened, the siren shall 
be stopped, indicating that the way is clear for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.873  Coos River.

    The draw of the Oregon State secondary highway bridge, mile 2.2 near 
Eastside, shall open on signal if at least 12 hours notice is given.



Sec. 117.875  Coquille River.

    The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, 
shall open on signal if at least two hours notice is given to the 
drawtender at the Coos Bay South Slough bridge.

[CGD13-94-033, 59 FR 52424, Oct. 18, 1994]



Sec. 117.879  Isthmus Slough.

    The draw of the Oregon State secondary highway bridge, mile 1.0, at 
Coos Bay, shall open on signal if at least 24 hours notice is given.

[CGD13-88-19, 54 FR 3448, Jan. 24, 1989]



Sec. 117.881  John Day River.

    The draw of the Portland and Western railroad bridge, mile 0.0 near 
Astoria, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial

[[Page 640]]

fishing period established by the Columbia River Compact (Washington 
State Department of Fisheries and the Fish Commission of Oregon) for the 
Columbia River Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 91-07, 56 
FR 67528, Dec. 31, 1991; USCG-2000-7223, 65 FR 40056, June 29, 2000; 
USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.887  Oregon Slough (North Portland Harbor).

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
3.2 at Portland, shall open on signal if at least one half hours notice 
is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35627, Sept. 11, 1984]



Sec. 117.889  Siuslaw River.

    (a) The draw of the US101 bridge, mile 5.0 at Florence, shall open 
on signal if at least two hours notice is given.
    (b) The draw of the Central Oregon and Pacific railroad bridge, mile 
8.0 near Cushman, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984, as 
amended by USCG-1998-3799, 63 FR 35527, June 30, 1998]



Sec. 117.892  South Slough.

    The drawspan for the Oregon State Highway Drawbridge across South 
Slough at Charleston must open on signal for the passage of vessels, 
except that between the hours of 7 a.m. and 7 p.m., from June 1 through 
September 30, the drawspan need be opened only on the hour and half-
hour. This exception does not apply to commercial tugs and/or tows or 
public vessels of the United States.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.893  Umpqua River.

    (a) The draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, 
shall open on signal if at least two hours notice is given.
    (b) The draw of the Central Oregon and Pacific railroad bridge, mile 
11.5 at Reedsport, shall be maintained in the fully open position, 
except for the crossing of trains or other railroad equipment or for 
maintenance. During foggy weather when the draw is closed and the 
channel is not clear for the passage of vessels, a fog horn with an 
audible range of one-half mile from the draw shall be sounded. Two clear 
signals of approximately six seconds duration each, repeated at 
intervals of 60 seconds from completion of the second signal to 
commencement of the next signal, shall be sounded and repeated from 
commencement of closure to full opening of the draw. When the draw is 
again in the open position, the fog horn shall be stopped, indicating 
that the channel is clear for the passage of vessels.
    (c) The draw of the US101 bridge across the side channel of the 
Umpqua River, mile 11.1 near Reedsport, need not be opened for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CCGD13 91-06, 56 FR 66599, Dec. 24, 1991; 
USCG-1998-3799, 63 FR 35527, June 30, 1998]



Sec. 117.895  Wallooskee River.

    The draw of the Oregon State secondary highway bridge, mile 1.0 near 
Astoria, shall open on signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.897  Willamette River.

    (a) The draws of the Union Pacific railroad bridge, mile 119.6 at 
Albany; and mile 164.3 near Harrisburg, need not open for the passage of 
vessels. However the draws shall be returned to operable condition 
within six months after notification by the District Commander to do so.
    (b) The draw of the Oregon State highway bridge, mile 132.1 at 
Corvallis, shall open on signal if at least seven days notice is given. 
However, the draw need not be opened on Saturdays, Sundays, and Federal 
Holidays.
    (c) The draws of the bridges listed in paragraph (c)(3) of this 
section shall open on signal if appropriate advance notice is given 
subject to the following requirements and exceptions:
    (1) The draws need not open for the passage of vessels from 7 a.m. 
to 9 a.m.

[[Page 641]]

and 4 p.m. to 6 p.m. every Monday through Friday; except that on New 
Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, 
and Christmas Day, the draws shall open in accordance with the notice 
requirements of paragraph (c)(3) below.
    (2) During Rose Festival Week or when the water elevation reaches 
and remains above +12 feet, no advance notice is required to request 
opening, except during the normal closed periods in (c)(1) above.
    (3)(i) Broadway Bridge, Portland, mile 11.7. No advance notice 
required, however any periods where the draws are not required to be 
opened do not apply to oceangoing vessels of 750 gross tons or over.
    (ii) Steel Bridge (upper deck only), Portland, mile 12.1. From 8 
a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given 
for draw openings. At all other times, two hours notice is required.
    (iii) Burnside Bridge, Portland, mile 12.4. Only single-leaf 
openings will be provided, except that double-leaf openings will be 
provided during Rose Festival. From 9 a.m. to 4 p.m. Monday through 
Friday notice at least one hour in advance shall be given for draw 
openings. At all other times, notice at least two hours in advance is 
required.
    (iv) Morrison Bridge, Portland, mile 12.8, from 8 a.m. to 5 p.m. 
Monday through Friday, one hour's notice shall be given for draw 
openings. At all other times, two hours notice is required.
    (v) Hawthorne Bridge, Portland, mile 13.1, no advance notice 
required.

[CGD13-05-023, 70 FR 73939, Dec. 14, 2005]



Sec. 117.899  Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, 
across Youngs Bay at Smith Point, shall open on signal for the passage 
of vessels if at least one half-hour notice is given to the drawtender 
at the Lewis and Clark River Bridge by marine radio, telephone, or other 
suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 
a.m. to 4 p.m. on Saturday and Sunday. At all other times, including all 
Federal holidays but Columbus Day, at least a two-hour notice by 
telephone is required. The opening signal shall be two prolonged blasts 
followed by one short blast.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal 
for the passage of vessels if at least one half-hour notice is given to 
the drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At all other 
times, including all Federal holidays but Columbus Day, at least a two-
hour notice by telephone is required. The opening signal is two 
prolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on signal 
for the passage of vessels if at least one half-hour notice is given by 
marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. 
Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. 
At all other times, including all Federal holidays but Columbus Day, at 
least a two-hour notice by telephone is required. The opening signal is 
one prolonged blast followed by four short blasts.

[CGD13-06-048, 72 FR 9436, Mar. 2, 2007]

                              Pennsylvania



Sec. 117.901  Chester Creek.

    The draw of the Front Street bridge, mile 0.1 at Chester, shall open 
on signal if at least 24 hours notice is given.



Sec. 117.903  Darby Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 0.3, at Essington, 
will operate as follows:
    (1) The owner of this bridge on this waterway shall provide and keep 
in good legible condition two board gages painted white with black 
figures, nine inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.

[[Page 642]]

    (2) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec. 117.31(b). 
However, if a train moving toward the bridge has crossed the home signal 
for the bridge before the signal requesting opening of the bridge is 
given, the train may continue across the bridge and must clear the 
bridge interlocks before stopping.
    (3) From April 1 through October 31, the draw shall be left in the 
open position at all times and will only be lowered for the passage of 
trains and to perform periodic maintenance authorized in accordance with 
subpart A of this part.
    (4) The bridge will be operated by the bridge/train controller at 
the Delair Railroad Bridge in Delair, New Jersey.
    (5) Before the bridge closes for any reason, an on-site crewmember 
will observe the waterway for approaching craft, which will be allowed 
to pass. The on-site crewmember will then communicate with the off-site 
bridge/train controller at the Delair Railroad Bridge either by radio or 
telephone, requesting the off-site bridge/train controller to lower the 
bridge.
    (6) The bridge shall only be lowered from the remote site if the on-
site crewmember's visual inspection shows there are no vessels in the 
area and the infrared channel sensors are not obstructed.
    (7) While the CONRAIL Railroad Bridge is moving from the full open 
to the full closed position, the off-site bridge/train controller will 
maintain constant surveillance of the navigational channel using 
infrared sensors to ensure no conflict with maritime traffic exists. In 
the event of failure or obstruction of the infrared channel sensors, the 
off-site bridge/train controller will stop the bridge and return the 
bridge to the open position. In the event of loss of radio or telephone 
communications with the on-site crewmember, the off-site bridge/train 
controller will stop the bridge and the bridge return to the open 
position.
    (8) When the draw cannot be operated from the remote site, a bridge 
tender must be called to operate the bridge in the traditional on-site 
manner.
    (9) The CONRAIL Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (10) During downward span movement, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound two 
times, followed by a pause, and then two repeat blasts until the bridge 
is seated and locked down.
    (11) When the rail traffic has cleared, the off-site bridge/train 
controller at the Delair Railroad Bridge will sound the horn five times 
to signal the draw of the CONRAIL Railroad Bridge is about to return to 
its full open position.
    (12) During upward span movement, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound two 
times, followed by a pause, and then sound repeat blasts until the 
bridge is in the full open position. In the full open position, the 
channel traffic lights will then turn from flashing red to flashing 
green.
    (13) From November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given by telephone at (856) 231-7088 or 
(856) 662-8201. Operational information will be provided 24 hours a day 
by telephone at (856) 231-7088 or (856) 662-8201.
    (b) The Reading Railroad Bridge, mile 0.3, at Essington, will be 
left in the full open position at all times.

[CGD05-01-052, 67 FR 64170, Feb. 11, 2002, as amended by CGD05-06-086, 
71 FR 77615, Dec. 27, 2006]



Sec. 117.904  Delaware River.

    See Sec. 117.716, Delaware River, listed under New Jersey.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.905  Schuylkill River.

    (a) The following requirements apply to all drawbridges across the 
Schuylkill River:
    (1) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (2) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a

[[Page 643]]

railroad bridge, after the signal to open is given.
    (3) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (b) The Passyunk Avenue bridge, mile 3.5 at Philadelphia, shall open 
on signal at all times if at least four hours notice is given. Public 
vessels of the United States shall be passed as soon as possible at any 
time.
    (c) The draw of the Conrail bridge, mile 5.5 at Grays Ferry Avenue, 
Philadelphia, shall open on signal; except that, on Saturdays and 
Sundays, the draw shall open on signal if at least two hours notice is 
given. Public vessels of the United States shall be passed as soon as 
possible at any time.
    (d) The draw of the University Avenue bridge, mile 6.2 at 
Philadelphia, shall open on signal at all times if at least two hours 
notice is given. Public vessels of the United States shall be passed as 
soon as possible at any time.
    (e) The draw of the Conrail bridge, mile 6.4 near Christian Street, 
Philadelphia, shall open on signal if at least two hours notice is 
given.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]

                         Rhode Island [Reserved]

                             South Carolina



Sec. 117.911  Atlantic Intracoastal Waterway, Little River to Savannah River.

    (a) General. Public vessels of the United States and tugs with tows, 
upon proper signal, will be passed through the drawspan of each 
drawbridge listed in this section at anytime.
    (b) [Reserved]
    (c) Ben Sawyer (SR 703) bridge across Sullivan's Island Narrows, 
mile 462.2 between Sullivan's Island and Mount Pleasant. The draw shall 
open on signal; except that, the draw need not open from 7 a.m. to 9 
a.m. and from 4 p.m. to 6 p.m. Monday through Friday except Federal 
holidays. On Saturdays, Sundays, and Federal holidays from 9 a.m. to 7 
p.m. the draw need open only on the hour.
    (d) SR 171/700 bridge across Wappoo Creek Mile 470.8 at Charleston. 
The draw shall open on signal, except that from April 1 to November 30 
from 9 a.m. to 4 p.m. Monday through Friday, except federal holidays, 
and from 9 a.m. to 7 p.m., on Saturdays, Sundays and federal holidays, 
the bridge need not open except on the hour and half-hour. From June 1 
to September 30 and from December 1 to March 30 the draw need not open 
from 6:30 a.m. to 9 a.m. and from 4 p.m. to 6:30 p.m. Monday through 
Friday, except federal holidays, and from April 1 to May 31 and from 
October 1 to November 30 Monday through Friday, except federal holidays, 
the draw need not open from 6 a.m. to 9 a.m. and from 4 p.m. to 6:30 
p.m.
    (e) John Limehouse Bridge across the Stone River, mile 479.3 at 
Johns Island. The draw of the John Limehouse Bridge shall open on 
signal; except that the draw need not open from 6:30 a.m. to 9 a.m. and 
from 4 p.m. to 6:30 p.m., Monday through Friday except Federal holidays. 
Between 9 a.m. and 4 p.m., Monday through Friday except Federal 
holidays, the draw need open only on the hour and half hour. The draw 
shall open as soon as possible for the passage of tugs with tows, public 
vessels of the United States and vessels in a situation where a delay 
would endanger life or property.
    (f) Lady's Island Bridge, across the Beaufort River, Mile 536.0 at 
Beaufort. The draw shall operate as follows:
    (1) On Monday through Friday, except Federal holidays:
    (i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not 
open; and,
    (ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour 
and half-hour.

[[Page 644]]

    (2) At all other times the draw shall open on signal.

[CGD7 84-29, 50 FR 51250, Dec. 16, 1985, as amended by CGD7 85-55, 51 FR 
12320, Apr. 10, 1986; CGD7 86-12, 51 FR 25054, July 10, 1986; CGD7 87-
25, 52 FR 42648, Nov. 6, 1987; CGD7 87-18, 52 FR 44107, Nov. 18, 1987; 
CGD7-90-07, 55 FR 24231, June 15, 1990; CGD7-90-25, 56 FR 1491, Jan. 15, 
1991; CGD7-92-82, 57 FR 57963, Dec. 8, 1992; CGD07-99-038, 64 FR 38830, 
July 20, 1999; CGD07-01-078, 66 FR 42110, Aug. 10, 2001; CGD07-99-038, 
67 FR 37682, May 30, 2002; CGD07-04-014, 69 FR 42876, July 19, 2004; 
USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.913  Ashepoo River.

    The draw of the Seaboard System Railroad bridge, mile 32.0 at 
Ashepoo, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec. 117.915  Ashley River.

    (a) The draws of the US17 highway bridges, miles 2.4 and 2.5 at 
Charleston, shall open on signal; except that, from 7 a.m. to 9 a.m. 
Monday through Friday and 4 p.m. to 7 p.m. daily, the draws need be 
opened only if at least 12 hours notice is given. The draws of either 
bridge shall open as soon as possible for the passage of vessels in an 
emergency involving danger to life or property.
    (b) The draw of the Seaboard System Railroad bridge, mile 12.0 near 
Drayton Hall, shall open on signal from 7 a.m. to 11 p.m. From 11 p.m. 
to 7 a.m., the draw shall open on signal if at least three hours notice 
is given.



Sec. 117.917  Battery Creek.

    The draw of the State highway bridge, mile 2.1 between Beaufort and 
Parris Island, shall open on signal if at least 24 hours notice is 
given.



Sec. 117.921  Broad River.

    (a) The draw of the S170 bridge, mile 14.0 near Beaufort, shall open 
on signal if at least 24 hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 17.0 near 
Whale Branch, shall open on signal if at least 24 hours notice is given.



Sec. 117.923  Congaree River.

    The draw of the Southern Railway bridge, mile 4.3 at Moye's Station, 
shall open on signal if at least 24 hours notice is given.



Sec. 117.925  Cooper River.

    The draw of the Seaboard System Railroad bridge, mile 42.8 near 
Cordesville, shall open on signal if at least six hours advance notice 
is given.

[CGD 7-85-24, 50 FR 37175, Sept. 12, 1985]



Sec. 117.927  Coosaw River (Whale Branch).

    The draw of the Seaboard System Railroad bridge, mile 5.3 at 
Seabrook, and the draw of the US21 bridge, mile 7.0 at Beaufort, shall 
open on signal from 6 a.m. to 8 p.m. Monday through Friday if at least 
24 hours notice is given. At all other times, the draw need not be 
opened for the passage of vessels.



Sec. 117.929  Durham Creek.

    The removable span of the Seaboard System Railroad bridge, mile 1.7 
at Bushy Park, shall be removed to allow the passage of dredges and 
construction equipment if at least 20 days notice is given. When 
notified by the City of Charleston of an emergency in the Bushy Park 
Reservoir, the span shall be removed as soon as possible to permit the 
passage of dredges and construction equipment.



Sec. 117.933  Pee Dee River.

    The draws of the Seaboard System Railroad bridges, mile 72.6 near 
Poston and mile 107.2 near Pee Dee, need not be opened for the passage 
of vessels.



Sec. 117.935  Rantowles Creek.

    The draw of the Seaboard System Railroad bridge, 1.1 near Rantowles, 
need not be opened for the passage of vessels.



Sec. 117.936  Savannah River.

    See Sec. 117.371, Savannah River, listed under Georgia.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

[[Page 645]]



Sec. 117.938  Waccamaw River.

    The draw of the Waccamaw Coast Line Railroad bridge, mile 44.4 at 
Conway, shall open on signal; except that from 8 a.m. to 6 p.m. Monday 
through Friday, the draw shall open on signal if at least one hour 
notice is given.

[CGD7-90-80, 56 FR 1491, Jan. 15, 1991]



Sec. 117.939  Wando River.

    The draw of the S41 bridge, mile 10.0 near Cainhoy, shall open on 
signal if at least 12 hours notice is given.

                              South Dakota



Sec. 117.941  Missouri River.

    The draws of the US81 bridge, mile 805.7 at Yankton, and the Chicago 
and Northwestern Railroad bridge, mile 1066.5 at Pierre, need not be 
opened for the passage of vessels.

                                Tennessee



Sec. 117.943  Cumberland River.

    The draw of the Clarksville Railroad bridge over the Cumberland 
River, mile 126.5, at Clarksville, shall open on signal when the 
vertical clearance under the navigational span is 47 feet or less. The 
draw shall open on signal if at least two hours notice is given when the 
vertical clearance is greater than 47 feet. The draw need not be opened 
for a vessel that arrives at the bridge more than 30 minutes after the 
time specified in the notice, unless a second two hours notice has been 
given.

[CGD02 86-01, 51 FR 32319, Sept. 11, 1986, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec. 117.945  Hatchie River.

    The draws of the Illinois Central Gulf railroad bridge, mile 35.0 at 
Covington, and the Seaboard System Railroad bridge, mile 71.0 at 
Brownsville, need not be opened for the passage of vessels.



Sec. 117.947  Obion River.

    The draws of all bridges on the Obion River need not be opened for 
the passage of vessels.



Sec. 117.949  Tennessee River.

    The draws of the Chief John Ross Bridge over the Tennessee River, 
mile 464.1, at Chattanooga, and the Southern Railway Bridge over the 
Tennessee River, mile 470.7, at Hixon, Tennessee, shall open on signal 
when the vertical clearance beneath the draw is 50 feet or less. When 
the vertical clearance beneath the draw is more than 50 feet, at least 
eight hours notice is required. When the operator of a vessel returning 
through the draw within four hours informs the drawtender of the 
probable time of return, the drawtender shall return one half hour 
before the time specified and promptly open the draw on signal for the 
vessel without further notice. If the vessel giving notice fails to 
arrive within one hour after the arrival time specified, whether upbound 
or downbound, a second eight hours notice is required.

[CGD02 86-02, 51 FR 32320, Sept. 11, 1986; 51 FR 41894, Nov. 19, 1986, 
as amended by USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]

                                  Texas



Sec. 117.951  Arroyo Colorado River.

    The draw of the S106 highway bridge, mile 22.5 at Rio Hondo, shall 
open on signal if at least 12 hours notice is given.



Sec. 117.953  Brazos River (Diversion Channel).

    (a) The draw of the S36 highway bridge, mile 4.4 at Freeport, shall 
open on signal if at least 12 hours notice is given.
    (b) The draw of the Union Pacific railroad bridge, mile 22.6 at 
Brazoria, need not be opened for the passage of vessels.



Sec. 117.955  Buffalo Bayou.

    (a) The draw of the Houston Belt and Terminal railroad bridge, mile 
1.2 at Houston, and all drawbridges downstream of it, shall open on 
signal if at least 24 hours notice if given.
    (b) The draws of the Union Pacific railroad bridge, mile 3.1, and 
the Houston Belt and Terminal railroad bridge,

[[Page 646]]

mile 4.3, need not be opened for the passage of vessels.

[CGD-8-89-11, 55 FR 2066, Jan. 22, 1990, as amended by CGD08-98-066, 63 
FR 55030, Oct. 14, 1998]



Sec. 117.957  Cedar Bayou.

    The draw of the Union Pacific railroad automated bridge, mile 7.0 at 
Baytown, operates as follows:
    (a) The draw shall be maintained at a vertical clearance of 81.4 
feet above mean high water. Fixed green navigation lights shall be 
displayed in the center of the draw.
    (b) When a train approaches the bridge, the navigation lights shall 
be changed from green to red, alternating flashing red lights turned on, 
and a horn sounded for six minutes. At the end of six minutes, the draw 
may be lowered and locked if the scanning equipment does not detect any 
object under the span. If the scanning equipment detects an obstruction, 
the draw shall be raised until the obstruction is cleared.
    (c) After a train has cleared the bridge, the draw shall be raised 
to 81.4 feet above mean high water, the flashing red lights stopped, and 
the navigation lights changed from red to green.



Sec. 117.959  Chocolate Bayou.

    The draw of the Union Pacific railroad bridge, mile 11.4 at 
Liverpool, need not be opened for the passage of vessels.



Sec. 117.963  Colorado River.

    The draw of the highway bridge, mile 10.7 at Wadsworth need open on 
signal Monday through Friday only, and then only from 8 a.m. to 5 p.m. 
At least 48 hours notice is required.

[CGD8-90-22, 56 FR 488, Jan. 7, 1991]



Sec. 117.965  Cow Bayou.

    The draws of the Orange County highway bridge, mile 2.9 at West 
Orange, and the S87 bridge, mile 4.5 at Bay City, shall open on signal 
if at least six hours notice is given.



Sec. 117.967  Greens Bayou.

    The draw of the Port Terminal Railroad Association railroad bridge, 
mile 2.8 at Houston, shall open on signal if at least four hours notice 
is given. The draw shall open on signal for three hours thereafter for 
returning downbound vessels.



Sec. 117.968  Gulf Intracoastal Waterway.

    The drawspan for the Port Isabel Drawbridge, mile 666.0, must open 
on signal; except that, from 5 a.m. to 8 p.m. on weekdays only, 
excluding federal, state, and local holidays, the drawspan need open 
only on the hour for pleasure craft. The drawspan must open on signal at 
anytime for commercial vessels. When the drawspan is open for a 
commercial vessel, waiting pleasure craft must be passed.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.969  Lavaca River.

    The draws of the Union Pacific railroad bridge, mile 11.2, and the 
highway bridge, mile 11.2, both at Vanderbilt, shall open on signal if 
at least 48 hours notice is given. In emergencies, the draws shall open 
as soon as possible.



Sec. 117.971  Neches River.

    (a) The draw of the Kansas City Southern automated bridge, mile 
19.5, at Beaumont, is not constantly manned and is operated from a 
remote site in Shreveport, Louisiana. The bridge is normally maintained 
in the closed to navigation position, providing 13 feet of vertical 
clearance above mean high tide. This bridge will open on signal.
    (1) Mariners may request a bridge opening at anytime via one of the 
following methods:
    (i) Telephone at 1-877-829-6295;
    (ii) Marine radio on VHF-FM Channel 16; or
    (iii) Proper sound signal as prescribed in Sec. 117.15.
    (2) When signaling by sound, if return sound signal is not sent from 
the remote bridge operator, in compliance with Sec. 117.15, contact the 
remote operator via telephone or marine radio.
    (3) An audible warning siren will sound when the bridge is in 
motion. Video cameras will constantly monitor the waterway near and 
under the draw. Once a vessel has passed through the bridge, the draw 
will lower, provided the infrared ``under bridge'' presence

[[Page 647]]

detector and video cameras reveal nothing under the draw.
    (b) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 53.9 at Evadale, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-00-026, 65 
FR 71059, Nov. 29, 2000]



Sec. 117.975  Old Brazos River.

    The draw of the Union Pacific railroad bridge, mile 4.4 at Freeport, 
shall be maintained in the fully open position, except for the crossing 
of trains or for maintenance.



Sec. 117.977  Pelican Island Causeway, Galveston Channel.

    The drawspan for the Pelican Island Causeway Drawbridge across 
Galveston Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) 
at Galveston, Texas, must open on signal; except that, from 6:40 a.m. to 
8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through 
Friday except Federal holidays, the drawspan need not be opened for 
passage of vessels. Public vessels of the United States must be passed 
at anytime.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.979  Sabine Lake.

    The draw of the S82 bridge, mile 10.0 at Port Arthur, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least six hours notice is given to the Maintenance 
Construction Supervisor or the Maintenance Foreman at Port Arthur.



Sec. 117.981  Sabine River.

    See Sec. 117.493, Sabine River, listed under Louisiana.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.983  Sabine River (Old Channel) behind Orange Harbor Island.

    The draw of the highway bridge, mile 9.5 at Orange, need not be 
opened for the passage of vessels.

[CGD 08-84-08, 50 FR 19527, May 9, 1985]



Sec. 117.984  San Bernard River.

    The draw of the Union Pacific railroad bridge, mile 20.7 near 
Brazoria, shall open on signal; except that, from 10 a.m. to 2 p.m. and 
10 p.m. to 2 a.m., the draw shall open on signal if at least three hours 
notice is given.

[CGD 08-84-14, 50 FR 15743, Apr. 22, 1985]



Sec. 117.987  Taylor Bayou.

    The draws of the Union Pacific railroad bridge, mile 2.0, and the 
S73 bridge, mile 10.2, both at West Port Arthur, need not be opened for 
the passage of vessels.



Sec. 117.989  Trinity River.

    The draws of the Union Pacific Railroad bridges, mile 41.4 at 
Liberty, mile 54.8 at Kenefick, mile 117.3 at Goodrich, mile 181.8 at 
Riverside, and the Burlington Northern Santa Fe railroad bridge, mile 
96.2 at Romayor, need not be opened for the passage of vessels.

[USCG-1998-3799, 63 FR 35527, June 30, 1998]

                                 Vermont



Sec. 117.993  Lake Champlain.

    (a) The drawspan for each of the drawbridges listed in this section 
must open as soon as possible for the passage of public vessels of the 
United States.
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour from 
May 15th through October 15th from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15th through October 15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16th through May 14th 
if at least four hours notice is given by calling the number posted at 
the bridge.
    (c) The draw of the Central Vermont Railway bridge across Missisquoi 
Bay, mile 105.6 shall open on signal:
    (1) From June 15 through September 15:
    (i) Monday through Friday from 9 a.m. to 5 p.m.:
    (ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. 
to 11 p.m.;

[[Page 648]]

    (iii) At all other times, if at least two hours notice is given.
    (2) From September 16 through June 14, if at least 24 hours notice 
is given.
    (d) The draw of the SR78 bridge, mile 105.9 between Alburg Tongue 
and East Alburg, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 44208, Nov. 5, 1984; CGD01-98-032, 64 FR 28103, May 25, 1999; USCG-
2001-10881, 71 FR 70312, Dec. 4, 2006]

                                Virginia



Sec. 117.995  Appomattox River.

    The draw of the Seaboard System Railroad bridge, mile 2.5 at 
Hopewell, shall open on signal if at least 24 hours notice is given to 
the Seaboard System Agent at Hopewell. However, a drawtender shall be in 
constant attendance and the draw shall open on signal upon 30 days 
notice, in writing, to do so from the District Commander.



Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the Elizabeth River to the Albermarle and Chesapeake Canal.

    (a) The draw of the Belt Line Railroad Bridge, mile 2.6, in 
Portsmouth and Chesapeake will operate as follows:
    (1) The bridge will be left in the open position at all times and 
will only be lowered for the passage of trains and to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (2) The bridge will be operated by the controller at the Berkley 
Yard office.
    (3) The controller will monitor waterway traffic in the area of the 
bridge and directly beneath the bridge with closed circuit cameras 
mounted on top of the bridge and with surface navigational radar.
    (4) When the bridge closes for any reason, the controller will 
announce 30 minutes in advance, 15 minutes in advance, and immediately 
proceeding the actual lowering, over marine channel 13, that the Belt 
Line Railroad Bridge is closing for river traffic. In each of these 
three announcements, the bridge/train controller will request all 
concerned river traffic to please acknowledge on marine channel 13.
    (5) The bridge shall only be operated from the remote site if closed 
circuit visual and radar information shows there are no vessels in the 
area and no opposing radio communications have been received.
    (6) While the Belt Line Bridge is moving from the full open position 
to the full closed position, the bridge/train controller will maintain 
constant surveillance of the navigational channel to ensure no conflict 
with maritime traffic exists. In the event of failure of a camera or the 
radar system, or loss of marine-radio communications, the bridge shall 
not be operated by the off-site bridge/train controller from the remote 
location.
    (7) If the off-site bridge/train controller's visibility of the 
navigational channel is less than \3/4\ of a mile, the bridge shall not 
be operated from the remote location.
    (8) When the draw cannot be operated from the remote site, a 
bridgetender must be called to operate the bridge in the traditional on-
site manner.
    (9) The Belt Line mid-channel lights will change from green to red 
anytime the bridge is not in the full open position.
    (10) During the downward and upward span movement, a warning alarm 
will sound until the bridge is seated and locked down or in the full 
open position.
    (11) When the bridge has returned to its full up position, the mid-
channel light will turn from red to green, and the controller will 
announce over marine radio channel 13, ``Sec. rity, security, security, 
the Belt Line bridge is open for river traffic.'' Operational 
information will be provided 24 hours a day on marine channel 13 and via 
telephone (757) 543-1996 or (757) 545-2941.
    (b) The draw of the Jordan (S337) bridge, mile 2.8, in Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels

[[Page 649]]

that do not qualify under paragraph (b)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs and 
tows, unless 2 hours advance notice has been given to the Jordan Bridge 
Office at (757) 545-4695.
    (3) Shall open on signal at all other times.
    (c) The draw of the Norfolk and Western railroad bridge across the 
South Branch of the Elizabeth River, mile 3.6 at Portsmouth-Chesapeake, 
shall be maintained in the open position; except the draw may close for 
the crossing of trains and maintenance of the bridge. When the draw is 
closed, a drawtender shall be present and the draw shall open on signal.
    (d) The draw of the Gilmerton (US13/460) bridge, mile 5.8, in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (d)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Gilmerton Bridge at (757) 545-1512.
    (3) Shall open on signal at all other times.
    (e) The draw of the Norfolk Southern 7 Railroad Bridge, 
mile 5.8 in Chesapeake, shall operate as follows:
    (1) The draw shall be remotely controlled by the operator at the 
Norfolk Southern 5 Railroad Bridge office over the Eastern 
Branch of the Elizabeth River, at mile 1.1, in Norfolk.
    (2) The draw shall be left in the open position to vessels and will 
only be closed for the passage of trains and to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (3) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec. 117.31(b).
    (4) Before the bridge closes for any reason, the off-site remote 
operator will monitor waterway traffic in the area with closed circuit 
cameras and motion sensors mounted on the bridge. The bridge will only 
be closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area.
    (5) While the bridge is moving from the full open position to the 
full closed position, the off-site remote operator will maintain 
constant surveillance of the navigation channel to ensure that no 
conflict with maritime traffic exists. In the event of failure or 
obstruction, the off-site remote operator will stop and return the 
bridge to the full open position to vessels. In the event of a failure 
or obstruction, a bridge tender must be called by the off-site remote 
operator and must be on-site within 30 minutes of the call to operate 
the bridge.
    (6) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound twice, 
and an audio voice warning device will announce bridge movement, then 
two repeat blasts of the horn will sound until the bridge is seated and 
locked down. When the bridge is seated and locked down to vessels, the 
channel traffic lights will flash red.
    (7) During the open span movement, the channel traffic lights will 
flash red, the horn will sound twice, followed by a pause, and then five 
repeat blasts of the horn will sound until the bridge is in the full 
open position to vessels. In the full open position to vessels, the 
bridge channel traffic lights will turn from flashing red to flashing 
green then an audio warning device will announce bridge movement by 
stating ``Sec. rity, security, security, the Norfolk Southern 7 
Railroad Bridge at mile 5.8 is open for river traffic''.
    (8) Operational information will be provided 24 hours a day on 
marine channel 13 and via telephone (757) 924-5320.
    (f) The draw of the I64 bridge across the South Branch of the 
Elizabeth River, mile 7.1 at Chesapeake, shall open on signal if at 
least 24 hours notice is given.

[[Page 650]]

    (g) The draw of the Dominion Boulevard (US 17) bridge, mile 8.8 in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, need not open for the passage of recreational vessels, and need 
open for commercial cargo vessels not carrying hazardous materials, 
including tugs and tugs with tows, only when notice has been given at 
least 2 hours in advance to the Dominion Boulevard Bridge at (757) 547-
0521.
    (3) From 6 a.m. to 7 a.m. and from 9 a.m. to 4 p.m., Monday to 
Friday, and from 6 a.m. to 6 p.m. on Saturdays, Sundays, and Federal 
holidays, the draw need only be opened every hour on the hour, except 
the draw shall open on signal for commercial vessels that qualify under 
paragraphs (g)(1) or (g)(2) of this section.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour, the drawtender may delay the opening up to ten 
minutes past the hour for the passage of the approaching vessel and any 
other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.
    (h) The draw of the S168 bridge, mile 12 at Chesapeake (Great 
Bridge), shall open on signal; except that, from 6 a.m. to 7 p.m., the 
draw need be opened only on the hour. If any vessel is approaching the 
bridge and cannot reach the draw exactly on the hour, the drawtender may 
delay the hourly opening up to 10 minutes past the hour for the passage 
of the approaching vessel and any other vessels that are waiting to 
pass. Vessels in an emergency condition which presents danger to life or 
property shall be passed at any time.
    (i) The draw of the Albemarle & Chesapeake Railroad bridge, mile 
13.9, in Chesapeake, Virginia, shall be maintained in the open position; 
the draw may close only for the crossing of trains and maintenance of 
the bridge. When the draw is closed, a bridgetender shall be present to 
reopen the draw after the train has cleared the bridge.
    (j) The draw of the Centerville Turnpike (SR170) bridge across the 
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (i)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Centerville Turnpike bridge at (757) 547-3632.
    (3) From 8:30 a.m. to 4 p.m., Monday through Friday, except Federal 
holidays, the draw need only be opened on the hour and half hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour or half hour, the drawtender may delay the 
opening ten minutes past the hour or half hour for the passage of the 
approaching vessel and any other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-91-045, 56 
FR 49411, Sept. 30, 1991; CGD5-90-026, 57 FR 46506, Oct 9, 1992; CGD5-
90-043, 58 FR 16124, Mar. 25, 1993; CGD05-94-050, 59 FR 67632, Dec. 30, 
1994; CGD05-94-117, 60 FR 37365, July 20, 1995; CGD05-95-029, 61 FR 
1715, Jan. 23, 1996; USCG-1998-3799, 63 FR 35527, June 30, 1998; CGD05-
98-014, 63 FR 55948, Oct. 20, 1998; CGD05-02-108, 68 FR 59537, Oct. 16, 
2003; CGD05-04-117, 69 FR 70059, Dec. 2, 2004; USCG-2005-21531, 70 FR 
36349, June 23, 2005; CGD05-05-041, 70 FR 48639, Aug. 19, 2005; CGD05-
05-041, 71 FR 36999, June 29, 2006]



Sec. 117.999  Blackwater River.

    The draw of the S189 bridge, mile 9.2 at South Quay, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.1001  Cat Point Creek.

    The draw of the S634 bridge, mile 0.3 at Naylors, need not be opened 
for the passage of vessels.

[[Page 651]]



Sec. 117.1003  Chickahominy River.

    The draw of the highway bridge, mile 1.5 at Barrets Ferry, shall 
open on signal; except that, from 11 p.m. to 7 a.m., the draw shall open 
on signal if at least 12 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.1005  Chincoteague Channel.

    The draw of the SR 175 Bridge, mile 3.5, at Chincoteague shall open 
on demand from midnight to 6 a.m., and every one and a half hours from 6 
a.m. to midnight (at 6 a.m., 7:30 a.m., 9 a.m., 10:30 a.m., 12 p.m., 
1:30 p.m., 3 p.m., 4:30 p.m., 6 p.m., 7:30 p.m., 9 p.m. 10:30 p.m. and 
midnight); except from 7 a.m. to 5 p.m. on the last consecutive 
Wednesday and Thursday in July, the draw need not be opened.

[CGDO5-06-002, 71 FR 66673, Nov. 16, 2006]



Sec. 117.1007  Elizabeth River--Eastern Branch.

    (a) The draw of the Norfolk Southern Railroad Bridge (NS 
V2.8), mile 2.7 at Norfolk, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. The 
draw shall only be closed for train crossings or periodic maintenance 
authorized in accordance with subpart A of this part.
    (2) The bridge shall be operated by the controller at the Norfolk 
Southern Railroad Bridge (NS 5), mile 1.1, over the Eastern 
Branch of the Elizabeth River in Norfolk, VA. The controller shall 
monitor vessel traffic with closed circuit cameras and infrared sensors 
covering the swing radius. Operational information will be provided 24 
hours a day on marine channel 13 and via telephone (757) 446-5320.
    (3) The bridge shall not be operated from the remote location in the 
following events: Failure or obstruction of the infrared sensors, 
closed-circuit cameras or marine-radio communications, or anytime 
controller's visibility is inhibited. In these situations, a bridge 
tender with Norfolk Southern must be called to operate the bridge on-
site.
    (4) Before the bridge closes for any reason, the remote operator 
will monitor waterway traffic in the area. The bridge shall only be 
closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area. 
While the bridge is moving, the operator shall maintain constant 
surveillance of the navigation channel.
    (5) Before closing the draw, the channel traffic lights will change 
from flashing green to flashing red, the horn will sound five short 
blasts, and an audio voice warning stating, ``Attention, Attention. 
Norfolk Southern's Railroad Bridge over the Eastern Branch of the 
Elizabeth River at milepost 2.7 will be closing to river traffic.'' Five 
short blasts of the horn will continue until the bridge is seated and 
locked down to vessels, the channel traffic lights will continue to 
flash red.
    (6) When the rail traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate that the draw is 
opening to vessel traffic. During the opening swing movement, the 
channel traffic lights will flash red until the bridge returns to the 
fully open position. In the full open position to vessels, the bridge 
channel lights will flash green followed by an announcement stating, 
``Sec. rity, security, security. Norfolk Southern Railroad Bridge at mile 
2.7 is open for river traffic.'' Vessels shall stay clear of both 
channels as to not interfere with infrared detectors, until green lights 
are displayed on the swing span.
    (b) The draw of the Berkley Bridge mile 0.4. at Norfolk, shall 
remain closed one hour prior to the published start of a scheduled 
marine event regulated under Sec. 100.501, and shall remain closed 
until one hour following the completion of the event unless the Patrol 
Commander designated under Sec. 100.501 allows the bridge to open for 
commercial vessel traffic.
    (c) The draw of the Berkley Bridge, mile 0.4 in Norfolk--
    (1) Shall open on signal at any time, except from 5 a.m. to 9 a.m. 
and from 3 p.m. to 7 p.m., Monday through Friday, except Federal 
holidays.
    (2) From 5 a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday through 
Friday, except Federal holidays, shall open at any time for commercial 
vessels with a draft of 18 feet or more, provided that at least 6 hours 
advance notice has

[[Page 652]]

been given to the Berkley Bridge Traffic Control room at (757) 494-2490.

[CGD 82-025, 49 FR 43463, Oct. 29, 1984, as amended by CGD 05-88-13, 53 
FR 20321, June 3, 1988; CGD 5-89-43, 54 FR 30039, July 18, 1989; CGD5-
90-023, 55 FR 23434, June 8, 1990; CGD05-04-209, 70 FR 22254, Apr. 29, 
2005; CGD05-05-049, 70 FR 68337, Nov. 10, 2005]



Sec. 117.1011  Great Wicomico River.

    The draw of the S200 bridge, mile 8.0 at Tipers, shall open on 
signal; except that, if an opening is desired from 6 p.m. to 6 a.m., the 
drawtender on duty shall be notified before 6 p.m.



Sec. 117.1013  Kinsale Creek.

    The draw of the state highway bridge, mile 4.0, at Kinsale need not 
be opened for the passage of vessels.



Sec. 117.1015  Mattaponi River.

    The draws of the Lord Delaware (S33) bridge, mile 0.8 at West Point, 
and the S629 bridge, mile 28.5 at Walkerton, shall open on signal if at 
least 24 hours notice is given. The drawtender service for either bridge 
shall be increased to the degree determined to be adequate within 30 
days after written notice is received from the District Commander to do 
so.



Sec. 117.1021  North Landing River.

    The draw of the S165 bridge, mile 20.2 at Chesapeake, shall open on 
signal; except that, from 6 a.m. to 7 p.m., the draw need be opened only 
on the hour and half hour for the passage of pleasure craft. Public 
vessels of the United States, commercial vessels, and vessels in an 
emergency endangering life or property shall be passed at any time.



Sec. 117.1023  Pamunkey River.

    (a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in 
West Point, Virginia, shall open on signal; except that, the bridge need 
not open for commercial crabbing and fishing vessels and recreational 
vessels on Mondays through Fridays, except Federal Holidays, from 7 a.m. 
to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., at all other times, 
the bridge will open for these vessels only on the hour, Monday through 
Friday, except Federal holidays.
    (b) Public vessels of the United States must pass at anytime.

[CGD05-94-072, 59 FR 46173, Sept. 7, 1994, as amended by USCG-2001-
10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.1025  York River.

    (a) The Coleman Memorial bridge, mile 7.0, at Yorktown, shall open 
on signal; except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the bridge shall remain closed 
to navigation.
    (b) The bridge shall be opened at anytime for vessels in an 
emergency which presents danger to life or property.

[CGD05-93-054, 59 FR 5954, Feb. 9, 1994, as amended by CGD05-95-023, 60 
FR 31247, June 14, 1995]

                               Washington



Sec. 117.1031  Chehalis River.

    The draw of the SR-101 highway bridge, mile 0.1, at Aberdeen, shall 
open on a signal of two short blasts followed by one prolonged blast 
from one hour before sunrise to one hour after sunset, except that from 
7:15 a.m. to 8:15 a.m. and 4:15 p.m. to 5:15 p.m., Monday through 
Friday, except Federal holidays, the draw need not be opened for the 
passage of vessels of less than 5,000 gross tons. At all other times, 
the draw shall open on signal if at least one hour notice is given by 
marine radio, telephone, or other suitable means to the Washington 
Department of Transportation.

[CGD13 85-15, 51 FR 2394, 2395, Jan. 16, 1986, as amended by USCG-1998-
3799, 63 FR 35527, June 30, 1998]



Sec. 117.1035  Columbia River.

    (a) The term drawtender, as used in this section means the operator 
of the drawspan, whether that person may be a train crew member, 
maintenance person, or an officially designated drawtender.
    (b) The draw of the semi-automated Union Pacific railroad bridge 
(Kalan Bridge), mile 323.4, near Kennewick, Washington, is normally 
maintained in the fully open position with no drawtender in attendance. 
A radar beacon (RACON) is located at the center of

[[Page 653]]

the drawspan. The RACON operates only when the drawspan is fully open, 
by responding with the Morse letter ``K'' to X-band radar signals. When 
necessary to close the drawspan for the passage of a train or for 
maintenance, a drawtender shall be dispatched to operate the draw from 
either of the remote control stations located at the ends of the bridge. 
Operation of the bridge shall be as follows:
    (1) The drawtender shall broadcast a radio message over Channel 16-
VHF to all vessels in the vicinity that the Kalan Bridge will be closing 
in two minutes. If after two minutes no response is received, the 
drawtender shall broadcast a message over Channel 13-VHF that the Kalan 
Bridge is closing. Both messages shall be broadcast twice.
    (2) Prior to activating the closing sequence the drawtender shall 
visually inspect the waterway for marine traffic approaching the bridge. 
The closing sequence shall not be activated until after marine traffic 
has cleared the bridge.
    (3) When the closing sequence is activated, the following functions 
occur automatically: The RACON is deactivated, red strobe lights on the 
lift towers and on the channel piers start flashing, a downward pointing 
arrow consisting of amber colored lights is displayed from the center of 
the drawspan and a recorded message is broadcast over Channel 13-VHF 
advising that the Kalan Bridge is closed to river traffic. The radio 
message is repeated every five minutes, the red lights continue to flash 
and the downward pointing arrow is displayed, until the lift span 
returns to the up and locked position. At the end of the ten minutes, a 
horn sounds for 30 seconds, the span begins closing and the centerspan 
navigation lights turn from green to red. The horn sounds for 30 seconds 
at 10 minute intervals, until the lift span returns to the up and locked 
position.
    (4) If for any reason during the closing sequence a danger is posed 
to marine traffic, the closing sequence shall be stopped and the bridge 
reopened until the threat of danger has passed.
    (5) If the bridge is to be temporarily closed for maintenance or for 
purposes other than the passage of a train, the drawtender shall 
continually monitor Channels 13 and 16 for calls from approaching 
vessels, and respond to inquiries from vessels about the closure.
    (6) After a train has cleared the bridge, the following functions 
occur automatically: The drawspan returns to the fully open and locked 
position, the RACON is reactivated, the arrow display and the red strobe 
lights are extinguished, the red centerspan navigation lights return to 
green and a recorded message is broadcast over Channel 13-VHF that the 
Kalan Bridge is open for marine traffic.
    (7) Bridge status information may be obtained by calling the 
commercial telephone number posted at the drawspan of the bridge.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge at 
mile 328.0, between Pasco and Kennewick, shall open on signal from 8 
a.m. to 4 p.m. At all other times the draw shall open on signal if at 
least 2 hour's notice is given through the General Yardmaster, Pasco, 
Washington.

[CGD13 92-02, 57 FR 37712, Aug. 20, 1992]



Sec. 117.1037  Cowlitz River.

    (a) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 1.5, shall operate as follows:
    (1) The draw shall open on signal if at least 24 hours notice is 
given.
    (2) In the event of an emergency declared by the Cowlitz County 
Department of Emergency Services, the bridge shall be capable of opening 
upon two hours notice. Notification of emergencies and requests for 
openings during emergencies are initiated through the Cowlitz County 
Department of Emergency Services.
    (3) The operating machinery of the draw shall be maintained in a 
serviceable condition and the draw shall be opened and closed at 
intervals frequent enough to make certain that the machinery is in 
proper order for satisfactory operation.
    (4) During periods of fog or similar periods of reduced visibility, 
the drawtender, after acknowledging the signal to open, shall toll a 
bell continuously during the approach and passage of the vessel.

[[Page 654]]

    (b) The draw of the Allen Street Bridge, mile 5.5, need not open for 
the passage of vessels.

[CGD13 91-01, 56 FR 23518, May 22, 1991]



Sec. 117.1041  Duwamish Waterway.

    (a) The draws of each bridge across the Duwamish Waterway shall open 
on signal, except as follows:
    (1) From Monday through Friday, except all Federal holidays but 
Columbus Day, the draws of the First Avenue South Bridges, mile 2.5, 
need not be opened for the passage of vessels from 6 a.m. to 9 a.m. and 
from 3 p.m. to 6 p.m., except: The draws shall open at any time for a 
vessel of 5000 gross tons and over, a vessel towing a vessel of 5000 
gross tons and over, and a vessel proceeding to pick up for towing a 
vessel of 5000 gross tons and over.
    (2) The draw of the South Park highway bridge, mile 3.8, need not be 
opened for the passage of vessels from 6:30 a.m. to 8:00 a.m. and 3:30 
p.m. to 5:00 p.m., Monday through Friday, except Federal holidays.
    (b) The following bridges shall open on the specified signals:
    (1) Burlington Northern Santa Fe railroad bridge, mile 0.4, and 
Southwest Spokane Street bridge, mile 0.3, one prolonged blast followed 
quickly by three short blasts.
    (2) Burlington Northern Santa Fe railroad bridge, mile 0.4, one 
prolonged blast followed quickly by one short blast.
    (3) First Avenue South bridge, mile 2.5, three prolonged blasts.
    (4) South Park highway bridge, mile 3.8, one prolonged blast 
followed quickly by one short blast and one prolonged blast.
    (c) When fog prevails by day or by night, the drawtender of bridges 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-14, 49 
FR 35498, Sept. 10, 1984; CGD13 8-13, 49 FR 35628, Sept. 11, 1984; CGD13 
84-12, 50 FR 10228, Mar. 14, 1985; CGD13 85-01, 50 FR 30271, July 25, 
1985; CGD13 91-05, 56 FR 41284, Aug. 20, 1991; CGD13-99-005, 66 FR 
33025, June 20, 2001; USCG-2002-12471, 67 FR 41332, June 18, 2002]



Sec. 117.1045  Hood Canal.

    The draw of the Washington State pontoon highway bridge near Port 
Gamble operates as follows:
    (a) The draw shall open on signal if at least one hour's notice is 
given. The draw shall be opened horizontally for 300 feet unless the 
maximum opening of 600 feet is requested.
    (b) Telephone requests for bridge openings may be directed as 
collect calls to the Toll Office at the bridge site. The call may also 
be made by direct telephone communication through the Seattle Marine 
Operator, Station KOH, or through other marine wire or radio telephone 
service.
    (c) During unusual or emergency periods, the authorized 
representative of the owner of or agency controlling the bridge shall 
open the draw on a demand basis for specified periods of time, normally 
not exceeding 48 hours, when requested by the Department of the Navy. 
While on a demand basis, a drawtender shall be in attendance on the 
bridge with radio communication equipment in operation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13-95-011, 62 FR 43097, Aug. 12, 1997]



Sec. 117.1047  Hoquiam River.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile 
0.3 at Hoquiam, shall be maintained in the fully open position except 
for the passage of trains or for maintenance. When the draw of the 
bridge is closed and the visibility at the drawtender's station is less 
than one mile up or down the channel, the drawtender shall sound two 
long blasts every minute. When the draw is reopened, the drawtender 
shall sound one long blast followed by one short blast.
    (c) The draw of Simpson Avenue Bridge, mile 0.5, at Hoquiam, shall 
open on signal if at least one hour notice is given by marine radio, 
telephone, or other suitable means to the

[[Page 655]]

Washington Department of Transportation. The opening signal is two 
prolonged blasts followed by one short blast.
    (d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam, 
shall open on signal if at least one hour notice is given by marine 
radio, telephone, or other suitable means to the Washington Department 
of Transportation. The opening signal is two prolonged blasts followed 
by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-11, 49 
FR 46548, Nov. 27, 1984; CGD13 85-15, 51 FR 2395, Jan. 16, 1986; CCGD13-
93-019, 58 FR 44613, Aug. 24, 1993]



Sec. 117.1049  Lake Washington.

    The draw of the Evergreen Point Floating Bridge between Seattle and 
Bellevue shall operate as follows:
    (a) The draw shall open on signal if at least two hours notice is 
given.
    (b) Telephone requests for bridge opening may be directed as collect 
calls to the Highway Radio or made by direct telephone communication 
through the Seattle Marine Operator, Station KOH, or through other 
marine wire or radiotelephone service.
    (c) The draw need not be opened from 5 a.m. to 9 p.m. Monday through 
Friday, except for all Federal holidays other than Columbus Day.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13-94-039, 60 FR 54434, Oct. 24, 1995]



Sec. 117.1051  Lake Washington Ship Canal.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) All non-self-propelled vessels, craft, or rafts navigating this 
waterway for which the opening of any draw is necessary shall be towed 
by a suitable self-propelled vessel while passing the draw.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 0.1, shall open on signal.
    (d) The draws of the Ballard Bridge, mile 1.1, Fremont Bridge, mile 
2.6, and University Bridge, mile 4.3, shall open on signal, except that:
    (1) The draws need not be opened for a period of up to 10 minutes 
after receiving an opening request, if needed to pass accumulated 
vehicular traffic. However, the draws shall open without delay, when 
requested by vessels engaged in towing operations.
    (2) The draws need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 
6 p.m. Monday through Friday, except all Federal holidays but Columbus 
Day for any vessel of less than 1000 tons, unless the vessel has in tow 
a vessel of 1000 gross tons or over.
    (3) Between the hours of 11 p.m. and 7 a.m. the draws shall open if 
at least one hour notice is given by telephone, radiotelephone, or 
otherwise to the drawtender at the Fremont Avenue Bridge.
    (e) The draw of the Montlake Bridge, mile 5.2, shall open on signal, 
except that:
    (1) The draw need not open for a period of up to 10 minutes after 
receiving an opening request, if needed to pass accumulated vehicular 
traffic. However, the draw shall open without delay, when requested by 
vessels engaged in towing operations.
    (2) For any vessel or watercraft of less than 1,000 gross tons, 
unless the vessel has in tow a vessel of 1,000 gross tons or over, from 
Monday through Friday, except Federal Holidays:
    (i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m. 
to 6:30 p.m. from April 30 to September 1 and from 7 a.m. to 10 a.m. and 
from 3:30 p.m. to 7 p.m. from September 1 to April 30.
    (ii) The draw need open only on the hour and half hour from 12:30 
p.m. to 3:30 p.m. and from 6 p.m. to 6:30 p.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 49 FR 
26722, June 29, 1984; CGD13 84-13, 49 FR 35628, Sept. 11, 1984; CGD13 
86-02, 51 FR 18788, May 22, 1986; CGD 13 88-03, 53 FR 10535, April 1, 
1988; CGD13 89-06, 54 FR 52798, Dec. 22, 1989; CGD 96-026, 61 FR 33664, 
June 28, 1996; CGD13-99-005, 66 FR 33026, June 20, 2001; CGD13-02-012, 
68 FR 53051, Sept. 9, 2003]



Sec. 117.1053  Lewis River.

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
2.0 at

[[Page 656]]

Woodland, need not be opened for the passage of vessels.



Sec. 117.1055  Skagit River.

    The draws of all bridges across the Skagit river need not be opened 
for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.



Sec. 117.1057  Skamokawa Creek.

    The draw of the Washington State highway bridge at Skamokawa need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43463, Oct. 29, 1984]



Sec. 117.1058  Snake River.

    (a) The draw of the Burlington Northern Santa Fe railroad bridge 
across the Snake River at mile 1.5 between Pasco and Burbank is 
automated and is normally maintained in the fully open to navigation 
position.
    (b) Lights. All lights required for automated operation shall be 
visible for a distance of at least 2 miles and shall be displayed at all 
times, day and night.
    (1) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (2) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (3) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed at the center of the 
drawspan on both upstream and downstream sides.
    (4) A similar set of red, green, and yellow lights shall be 
displayed on a remote lighting panel located near the north end, 
upstream side, of the Washington State highway bridge at mile 2.2. These 
lights shall be synchronized with the lights on the railroad bridge and 
shall be visible to vessels traveling downstream throughout the passage 
of the channel adjacent to Strawberry Island.
    (c) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an eight-minute delay, the green lights 
shall change to red, the drawspan shall lower and lock, and the yellow 
lights shall be extinguished. Red lights shall continue to be displayed 
until the train has crossed and the drawspan is again in the fully open 
position. At that time, the red lights shall change green.
    (d) Vessels equipped with radiotelephones may contact Burlington 
Northern Santa Fe to obtain information on the status of the bridge. 
Bridge status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.

[CGD13 84-05, 49 FR 43956, Nov. 1, 1984]



Sec. 117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

    (a) Drawtenders of bridges listed in this section shall acknowledge 
sound signals as follows:
    (1) When draw can be opened immediately, two prolonged blasts 
followed by one short blast or three loud and distinct strokes of a 
bell.
    (2) When draw cannot be opened immediately, or when it is open and 
must be closed promptly, two prolonged blasts or two loud and distinct 
strokes of a bell. This signal may also be used by a vessel to 
countermand its call signal.
    (b) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (c) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if at least 
one-hour notice is given. On weekdays, Monday through Friday, notice for 
openings shall be given by marine radio, telephone, or other means to 
the drawtender at the SR 529 highway bridge across Ebey Slough, at 
Marysville, and at all other times to the drawtender at the twin SR 529 
bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (d) The draw of the SR2 highway bridge across the Snohomish River,

[[Page 657]]

mile 6.9, at Everett, shall open on signal if at least four hours notice 
is given. During freshets, a drawtender shall be in constant attendance 
and the draw shall open on signal when so ordered by the District 
Commander.
    (e) The draw of the Burlington Northern Santa Fe railroad bridge 
across the Snohomish River, mile 15.5, at Snohomish, need not be opened 
for the passage of vessels.
    (f) The draw of the Burlington Northern Santa Fe railroad bridge 
across Steamboat Slough, mile 1.0, near Marysville, shall open on signal 
if at least four hours notice is given. The opening signal is one 
prolonged blast followed by one short blast and one prolonged blast.
    (g) The draws of the twin, SR 529, highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if at 
least four-hours notice is given. On weekdays, Monday through Friday, 
notice for openings shall be given by marine radio, telephone, or other 
means to the drawtender at the SR 529 highway bridge across Ebey Slough, 
at Marysville, and at all other times to the drawtender at the twin SR 
529 bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (h) The draws of the SR 529, highway bridge, across Ebey Slough, 
mile 1.6, at Marysville, shall open on signal if at least one-hour 
notice is given. On weekdays, Monday through Friday, notice for openings 
shall be given by marine radio, telephone, or other means, to the 
drawtender at this bridge, and at all other times to the drawtender at 
the SR 529 bridges across the Snohomish River at Everett. During 
freshets, a drawtender shall be in constant attendance and the draws 
shall open on signal when so ordered by the District Commander.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13 85-10, 50 FR 25961, June 24, 1985]



Sec. 117.1061  Tacoma Harbor.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the South 11th Street bridge across City Waterway, 
mile 0.6, at Tacoma, shall open on signal if at least two hours notice 
is given. However the draw need not be opened from 6:30 a.m. to 8:30 
a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, except Federal 
holidays for vessels of less than 1,000 gross tons, unless the vessels 
have in tow a vessel 1,000 gross tons or over, or unless the opening of 
the draw is required for the pickup of a vessel of 1,000 gross tons or 
over for towing. In emergencies, openings shall be made as soon as 
possible upon notification to the Washington State Department of 
Transportation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35629, Sept. 11, 1984; 49 FR 44632, Nov. 8, 1984; CGD 13-98-001, 63 
FR 10777, Mar. 5, 1998]



Sec. 117.1063  Willapa River South Fork.

    (a) The draw of the Washington State Parks and Recreation Commission 
bridge across the South Fork Willapa River, mile 0.3, at Raymond, shall 
open on signal if at least 24 hours notice is given.

[USCG-2000-7223, 65 FR 40056, June 29, 2000]



Sec. 117.1065  Wishkah River.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile 
0.1 at Aberdeen, shall be maintained in the fully open position, except 
for the passage of trains or for maintenance. When the draw of the 
bridge is closed and the visibility at the drawtender's station is less 
than one mile up or down the channel, the drawtender shall sound two 
prolonged blasts every minute. When the draw is reopened, the drawtender 
shall sound one prolonged blast followed by one short blast.

[[Page 658]]

    (c) The draws of the Heron Street Bridge, mile 0.2, and the Wishkah 
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if a least 
one hour notice is given by marine radio, telephone, or other suitable 
means to the Washington Department of Transportation. The opening signal 
for both bridges is one prolonged blast followed by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 85-15, 51 
FR 2395, Jan. 16, 1986]

                                Wisconsin



Sec. 117.1081  Black River.

    The draw of the CP Rail railroad bridge, mile 1.0 at La Crosse, 
shall open on signal if at least two hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec. 117.1083  Duluth-Superior Harbor (St. Louis River).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7 
at Duluth, shall open on signal; except that, from January 1 through 
March 15, the draws shall open on signal if at least 24 hours notice is 
given. The opening signal for the Minnesota Draw is one prolonged blast 
followed by two short blasts and for the Wisconsin Draw is two prolonged 
blasts followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0 at Duluth, and 
the Arrowhead bridge, mile 8.7 at Duluth, shall open on signal; except 
that, from January 1 through March 15, the draws shall open on signal if 
at least 24 hours notice is given. The opening signal for the Grassy 
Point bridge is two short blasts followed by one prolonged blast and for 
the Arrowhead bridge is three prolonged blasts.
    (c) The draw of the Duluth, Missabe and Iron Range Railway bridge, 
mile 16.3 at Duluth, need not be opened for the passage of vessels. The 
owner shall return the draw to operable condition within a reasonable 
time when notified by the District Commander to do so.



Sec. 117.1085  East River.

    The draw of the Monroe Avenue bridge, mile 0.3 at Green Bay, need 
not be opened for the passage of vessels.



Sec. 117.1087  Fox River.

    (a) The draws of the Canadian National Bridge, mile 1.03, Main 
Street Bridge, mile 1.58, Walnut Street Bridge, mile 1.81, Mason Street 
(Tilleman Memorial) Bridge, mile 2.27, and Canadian National Bridge, 
mile 3.31, all at Green Bay, shall open as follows:
    (1) From April 1 through November 30, the draws shall open on signal 
for recreational vessels; except the draws need not open from 7 a.m. to 
8 a.m., 12 noon to 1 p.m., and 4 p.m. to 5 p.m., Monday through Saturday 
except Federal holidays. Public vessels, tugs, and commercial vessels 
with a cargo capacity of 300 short tons or greater shall be passed at 
all times.
    (2) From December 1 through March 31, the draws shall open on signal 
if notice is given at least 12 hours in advance of a vessels time of 
intended passage.
    (3) The opening signal for the Main Street Bridge is two short 
blasts followed by one prolonged blast, for the Walnut Street Bridge one 
prolonged blast followed by two short blasts, and for the Mason Street 
Bridge one prolonged blast, followed by one short blast, followed by one 
prolonged blast.
    (b) The draw of the George Street Bridge, mile 7.27 at DePere, shall 
open on signal from April 1 to November 30; except that, from 6 p.m. to 
8 a.m., the draw shall open on signal if notice is given at least 2 
hours in advance of a vessels time of intended passage. From December 1 
to March 31, the draw shall open on signal if notice is given at least 
12 hours in advance of a vessels time of intended passage.
    (c) The draws of the Main Street bridge, mile 56.3, Jackson Street 
bridge, mile 56.5, Wisconsin Street bridge, mile 57.0, and the Congress 
Avenue bridge, mile 58.3 all at Oshkosh, shall open on signal from 8 
a.m. to 12 midnight; except that, from Monday through Friday from 11:45 
a.m. to 12:15 p.m., 12:45 p.m. to 1:15 p.m., and 3 p.m. to 5 p.m., the 
draws need not be opened for other than public vessels of the United 
States except on Memorial Day,

[[Page 659]]

Independence Day, and Labor Day. From 12 midnight to 8 a.m., the draws 
shall open on signal if at least two hours notice is given by 
radiotelephone to the Main Street bridge drawtender or the Winnebago 
County Sheriff's Department.
    (d) The draw of each bridge at or between Berlin and Portage need 
not open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-05-081, 70 
FR 59657, Oct. 13, 2005]



Sec. 117.1089  Manitowoc River.

    (a) The draws of the Eighth Street bridge, mile 0.29, and Tenth 
Street bridge, mile o.43, both at Manitowoc, shall open on signal except 
that:
    (1) From April 1 through October 31, Monday through Friday, the 
bridges need not open from 6:50 a.m. to 7 a.m., 7:50 a.m. to 8 a.m., 
11:55 a.m. to 12:10 p.m., and 12:45 p.m. to 1 p.m., except federal 
holidays. From 10:30 p.m. to 4:30 a.m. the draws shall open on signal if 
at least a 6 hour advance notice is given.
    (2) From November 1 through March 31 the draws shall open on signal 
if at least a 12 hour advance notice is given.
    (3) The opening signals for these bridges are:
    (i) Eighth Street--one prolonged blast followed by one short blast.
    (ii) Tenth Street--two short blasts followed by one prolonged blast.
    (4) When signal is given by car ferry or other large vessel to pass 
either of the two bridges, the remaining bridge shall open promptly so 
that such vessels shall not be held between the two bridges.
    (b) The draw of the Wisconsin Central railroad bridge, mile 0.91 at 
Manitowoc, shall open on signal except that:
    (1) From April 1 through October 31 between the hours of 10:30 p.m. 
and 4:30 a.m., the draws shall open on signal if at least a 6 hour 
advance notice is given.
    (2) From November 1 through March 31 the draw shall open on signal 
if at least a 12 hour advance notice is given.
    (3) Opening signal for this bridge is two short blasts followed by 
one prolonged blast.

[CGD09-01-001, 66 FR 13434, Mar. 6, 2001]



Sec. 117.1091  Menomonee River.

    The draw of the Ogden-First Street bridge, mile 0.4 at Marinette, 
shall open on signal from 7 a.m. to 11 p.m. from May 1 through October 
31. From 11 p.m. to 7 a.m. from May 1 through October 31, the draw shall 
open on signal if at least two hours notice is given. From November 1 
through April 30, the draw shall open on signal if at least 12 hours 
notice is given.



Sec. 117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South Menomonee and Burnham Canals.

    (a) The draws of each bridge listed in this section shall open as 
soon as possible for the passage of public vessels of the United States, 
vessels carrying United States mail, vessels licensed to carry 50 or 
more passengers when on their regular routes, and fireboats of the City 
of Milwaukee.
    (b) For all bridges, the drawtender's acknowledging signal when the 
draw will open is the same as the opening signal. The acknowledging 
signal when the draw will not open, or is open and must be closed 
promptly is four short blasts.
    (c) The draws of bridges across the Milwaukee River operate as 
follows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, North 
Water Street bridge, mile 0.6, and Michigan Street bridge, mile 1.1, all 
at Milwaukee, shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal 
holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Milwaukee River shall 
open on signal if at least two hours notice is given; except that, from 
7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., the draws need not be 
opened.
    (3) The opening signals are as follows:
    (i) The Union Pacific railroad bridge, mile 0.59, two prolonged 
blasts.
    (ii) The North Broadway Street bridge, mile 0.5, three prolonged 
blasts followed by one short blast.
    (iii) The North Water Street bridge, mile 0.6, three prolonged 
blasts followed by two short blasts.
    (d) The draws of bridges across the Menomonee River and South 
Menomonee Canal operate as follows:

[[Page 660]]

    (1) The draw of the North Plankinton Avenue bridge across the 
Menomonee River, mile 1.08, shall open on signal; except that, from 7:30 
a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday 
except Federal holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Menomonee River and 
South Menomonee Canal shall open on signal; except that, from 7:30 a.m. 
to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday except 
Federal holidays, the draws need not be opened and, from 11 p.m. to 7 
a.m., the draws shall open on signal if at least two hours notice is 
given.
    (3) The opening signal for the Canadian Pacific railroad bridge 
across the Menomonee River, mile 1.05, is two prolonged blasts followed 
by two short blasts.
    (e) The draws of bridges across the Kinnickinnic River operate as 
follows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall open 
on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 
5:30 p.m. Monday through Saturday except Federal holidays, the draw need 
not be opened.
    (2) The draws of the Canadian Pacific railroad bridge, mile 1.67, 
and the Union Pacific railroad bridge, mile 1.71, shall open on signal 
if at least two hours notice is given.
    (3) The draws of all other bridges across the Kinnickinnic River 
shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 
p.m. to 5:30 p.m. Monday through Saturday except Federal holidays, the 
draws need not be opened and, from 11 p.m. to 7 a.m., the draws shall 
open on signal if at least two hours notice is given.
    (4) The opening signal for the Union Pacific railroad bridge, mile 
1.19, is two prolonged blasts.
    (f) The draw of the Canadian Pacific Railway bridge, mile 1.74 over 
Burnham Canal, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-03-215, 68 
FR 57358, Oct. 3, 2003; USCG-2005-21531, 70 FR 36349, June 23, 2005]



Sec. 117.1095  Root River.

    (a) The draw of the Main Street bridge, mile 0.3 shall open on 
signal; except that, from April 1 through December 1 from 6 a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutes after the 
hour, and 40 minutes after the hour to pass all accumulated vessels; 
and, from December 2 through March 31, the draw shall open on signal if 
at least two hours notice is given. At all times, public vessels of the 
United States, state or local vessels used for public safety, commercial 
vessels, and vessels in distress shall be passed as soon as possible.
    (b) The draw of the State Street bridge, mile 0.5, shall open on 
signal; except that, from October 16 through April 30, the draw shall 
open on signal if at least two hours notice is given. At all times, 
public vessels of the United States, state or local vessels used for 
public safety, commercial vessels, and vessels in distress shall be 
passed as soon as possible.



Sec. 117.1097  Sheboygan River.

    The draw of the Eighth Street bridge, mile 0.69 at Sheboygan, shall 
open as follows:
    (a) From May 1 through October 31--
    (1) Between the hours of 6 a.m. and 10 p.m., the bridge shall open 
on signal, except that:
    (i) From 6:10 a.m. to 7:10 p.m., Monday through Saturday, the draw 
need open only at 10 minutes after the hour, on the half-hour, and 10 
minutes before the hour; and
    (ii) From Monday through Friday, except Federal holidays, the draw 
need not open between 7:30 a.m. and 8:30 a.m., between 12 p.m. and 1 
p.m., and between 4:30 p.m. and 5:30 p.m.
    (2) Between the hours of 10 p.m. and 6 a.m., the draw shall open on 
signal if at least 2 hours advance notice is provided.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least 12 hours advance notice is provided.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety, vessels in distress, vessels seeking shelter from rough 
weather, or any other emergency.

[CGD09-98-003, 63 FR 49288, Sept. 15, 1998]

[[Page 661]]



Sec. 117.1099  St. Croix River.

    See Sec. 117.667, St. Croix River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.1101  Sturgeon Bay.

    (a) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through December 31, the draw need open on signal 
for recreational vessels only on the hour, 24 hours a day. However, if 
more than 20 vessels have accumulated at the bridge, or vessels are 
seeking shelter from severe weather, the bridge shall open on signal.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of a vessel's time of 
intended passage.
    (b) The draw of the Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through November 30, the draw shall open on 
signal.
    (2) From December 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of a vessel's time of 
intended passage.

[CGD09-05-080, 70 FR 61381, Oct. 24, 2005]



Sec. 117.1103  Upper Mississippi River.

    See Sec. 117.671, Upper Mississippi River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.1105  Wisconsin River.

    The draws of each drawbridge across the Wisconsin River shall open 
on signal if at least 48 hours notice is given.



Sec. 117.1107  Wolf River.

    The draw of the Winneconne highway bridge, mile 2.4 at Winneconne, 
shall open on signal; except that, from 11 p.m. to 7 a.m. from May 1 
through October 31, at least two hours notice is required and, from 
November 1 through April 30, at least 12 hours notice is required. At 
all times, public vessels of the United States, state and local vessels 
used for public safety, and vessels in distress shall be passed as soon 
as possible.



PART 118_BRIDGE LIGHTING AND OTHER SIGNALS--Table of Contents




Sec. 
118.1 General requirements.
118.3 Incorporation by reference.
118.5 Penalty for failure to maintain.
118.10 Interference or obstruction prohibited.
118.15 Penalty for interference or obstruction.
118.20 Obtaining information.
118.25 Application procedure.
118.30 Action by Coast Guard.
118.40 Modification of requirements.
118.45 Lighting for the protection of aerial navigation.
118.50 Inspection.
118.55 Periods of operation.
118.60 Characteristics of lights.
118.65 Lights on fixed bridges.
118.70 Lights on swing bridges.
118.75 Lights on single-opening drawbridges.
118.80 Lights on bascule bridges.
118.85 Lights on vertical lift bridges.
118.90 Bridges crossing channel obliquely.
118.95 Lights on structures not part of a bridge or approach structure.
118.100 Retroreflective panels on bridge piers.
118.105 [Reserved]
118.110 Daymarks and lateral lighting on bridges.
118.120 Radar reflectors and racons.
118.130 Fog signals.
118.140 Painting bridge piers.
118.150 Traveller platforms.
118.160 Vertical clearance gauges.

    Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of Homeland 
Sec. rity Delegation No. 0170.1.

    Source: CGD 75-046, 40 FR 24898, June 11, 1975, unless otherwise 
noted.



Sec. 118.1  General requirements.

    All persons owning or operating bridges over the navigable waters of 
the United States or any international bridge constructed after March 
23, 1906, shall maintain at their own expense the lights and other 
signals required by this part.

[CGD 84-022, 51 FR 16312, May 2, 1986]



Sec. 118.3  Incorporation by reference.

    (a) In this part, portions or the entire text of certain standards 
and specifications are incorporated by reference as the governing 
requirements for materials, equipment, tests, or procedures to be 
followed. These standards and specification requirements specifically

[[Page 662]]

referred to in this part are the governing requirements for the subject 
matters covered, unless specifically limited, modified, or replaced by 
the regulations.
    (b) These materials are incorporated by reference into this part 
under 5 U.S.C. 552(a) with the approval of the Director of the Federal 
Register. The Office of the Federal Register publishes a table, 
``Material Approved for Incorporation by Reference,'' which appears in 
the Finding Aids section of this volume. In that table are found 
citations to the particular sections of this part where the material is 
incorporated. To enforce any edition other than the one listed in 
paragraph (c) of this section, notice of the change must be published in 
the Federal Register and the material made available. All approved 
material is available for inspection at U.S. Coast Guard Headquarters, 
Office of Bridge Administration (G-OPT), room 3500, 2100 Sec. nd Street, 
SW., Washington, DC 20593-0001, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
Copies may be obtained from the sources indicated in paragraph (c) of 
this section.
    (c) The materials approved for incorporation by reference in this 
part are:

Federal Highway Administration (FHWA), 400 Seventh Street, SW., 
          Washington, DC 20590
    Standard Alphabets for Highways Signs, 1966. (Reprinted April 1984).

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended by USCG-2000-7223, 65 
FR 40056, June 29, 2000; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 
FR 34925, June 23, 2004]



Sec. 118.5  Penalty for failure to maintain.

    Any person required to maintain lights and other signals upon any 
bridge or abutment over or in the navigable waters of the United States 
who fails or refuses to maintain such lights and other signals, or to 
obey any of the lawful rules and regulations relating to the same is 
subject to a penalty as provided in 14 U.S.C. 85.



Sec. 118.10  Interference or obstruction prohibited.

    No person shall obstruct or interfere with any lights or signals 
maintained in accordance with the regulations prescribed in this part.



Sec. 118.15  Penalty for interference or obstruction.

    Any person violating the provisions of Sec. 118.10 of this chapter 
shall be deemed guilty of a misdemeanor and be subject to a fine not 
exceeding $500 for each offense. Each day during which such violation 
shall continue shall be considered a new offense.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.20  Obtaining information.

    Persons desiring information concerning the marking of bridges shall 
address their inquiry to the District Commander having jurisdiction over 
the area concerned, or to the Commandant.



Sec. 118.25  Application procedure.

    Approval of lights and other signals required shall be obtained, 
prior to construction, from the District Commander of the area in which 
the structure will be situated. Application shall be by letter 
accompanied by duplicate sets of drawings showing (a) plan and elevation 
of the structure showing lights and signals proposed, and (b) small 
scale vicinity chart showing proposed bridge and all other bridges 
within 1,000 feet above or below the proposed bridge.



Sec. 118.30  Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
and approve the lights and other signals proposed, or mark on the 
drawings, the lights and other signals required, and in the case of 
lights, cite the applicable section of this chapter which prescribes the 
lights required for the particular type bridge.
    (b) Upon approval, one set of drawings will be returned to the 
applicant with the notation ``navigational lights and/or other signals 
approved as shown'', date, name and title of the District Commander.

[[Page 663]]



Sec. 118.40  Modification of requirements.

    (a) The District Commander may modify the requirements for the 
display of lights and other signals on any bridge when a change in local 
conditions warrants the modification.
    (b) The District Commander may exempt bridges over waterways with no 
significant nighttime navigation from the lighting or other signal 
requirements in this part.
    (c) The District Commander may prescribe special lighting or other 
signals in specific cases when the lighting or other signals in this 
part may not provide adequately for the safe passage of vessels.
    (d) While a bridge is under construction, the District Commander 
prescribes the temporary lights and other signals to be displayed for 
the protection of navigation.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.45  Lighting for the protection of aerial navigation.

    The owner of a bridge which constitutes a hazard to aerial 
navigation should maintain, in addition to the lights prescribed in this 
part, such lights as may be prescribed by the Administrator, Federal 
Aviation Administration.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.50  Inspection.

    Lights and other signals required or authorized under this part are 
subject to inspection at any time by Coast Guard personnel or authorized 
agents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.55  Periods of operation.

    (a) Lights shall be displayed from sunset to sunrise and at other 
times when the visibility is less than one mile.
    (b) Operators shall not be required to exhibit the prescribed lights 
during seasons when vessels are unable to navigate in the vicinity of 
the bridge.
    (c) The operation of signals other than lights shall be as 
prescribed by the District Commander. Each case shall be considered 
individually.



Sec. 118.60  Characteristics of lights.

    All lights required or authorized under this part must be securely 
attached to the structure and of sufficient candlepower as to be visible 
against the background lighting at a distance of at least 2,000 yards 90 
percent of the nights of the year. Lights must meet the requirements of 
this part. Lights shall be fixed lights excepting as provided in 
Sec. Sec. 118.95. 118.110 and 118.150 of this part. Color 
specifications are not prescribed for bridge lights, however, the 
chromaticity standards for navigation lights in 33 CFR Part 84--Annex I 
are recommended.

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended by USCG-1998-3799, 63 
FR 35530, June 30, 1998]



Sec. 118.65  Lights on fixed bridges.

    (a) Each fixed bridge span over a navigable channel shall be lighted 
so that the center of the navigable channel under each span will be 
marked by a range of two green lights, and each margin of each navigable 
channel will be marked by a red light: Provided, That when a margin of a 
channel is limited by a pier, only those lights prescribed in paragraph 
(b) of this section shall be required to mark such channel margin. The 
green lights shall each show through a horizontal arc of 360[deg]; they 
shall be securely mounted just below the outermost edge of the bridge 
span structure so as to be visible from an approaching vessel. Each red 
light shall show through a horizontal arc of 180[deg], and shall be 
securely mounted just below the outermost edge of the bridge span 
structure to show 90[deg] on either side of a line parallel to the axis 
of the channel so as to be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacements of 
existing fixed span navigation lights colored green are made, it is 
permitted that only one of these lights marking the centerline of the 
same channel under a span shall be visible to an approaching vessel. 
When major repairs to or replacement of such existing green lights are 
made they shall conform with this paragraph.

    (b) Pier lights. When the navigable channel extends from pier to 
pier or

[[Page 664]]

when piers are located within the navigable channel, each end of such 
piers shall be lighted with a red light. Each such light shall show 
through a horizontal arc of 180[deg], and shall be securely fastened at 
the end of the pier as low as practicable but not lower than 2 feet 
above navigable high water to show 90[deg] on either side of a line 
parallel to the axis of the channel so as to be visible from an 
approaching vessel.
    (c) Main channel. When necessary, the District Commander may 
prescribe that fixed bridges having two or more spans over a navigable 
channel shall have the main channel span marked with a set of three 
white lights arranged in a vertical line directly above each green light 
on the main channel span. Each white light shall show through a 
horizontal arc of 180[deg], and shall be mounted so that \1/2\ of the 
horizontal arc will show on either side of a line parallel to the axis 
of the channel. These three white lights shall be securely mounted on 
the bridge structure and spaced as nearly 15 feet apart as the structure 
of the bridge will permit, with a minimum spacing of 7 feet. The lowest 
white light in the line of three lights shall be placed not less than 10 
nor more than 15 feet above each green light on the main channel span.

    Note: Until such time that major repairs to or replacements of 
existing main channel lights showing white are made, it is permitted 
that these lights show through a horizontal arc of not less than 60[deg] 
nor more than 180[deg] with \1/2\ of such arc showing either side of a 
line parallel to the axis of the main channel. When major repairs or 
replacement of such existing white lights are made, they shall conform 
with this paragraph.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.70  Lights on swing bridges.

    (a) Swing span lights on through bridges. Each swing span of every 
through swing bridge shall be lighted with three lanterns so that when 
viewed from an approaching vessel the swing span when closed will 
display three red lights on top of the span structure, one at each end 
of the span on the same level and one at the center of the span no less 
than 10 feet above the other two lights, and when open for navigation 
will display three green lights on top of the span structure in a line 
parallel to and directly above the long axis of the span, one at each 
end of the span on the same level, and one at the center of the span no 
less than 10 feet above the other two lights. Each lantern shall show 
through alternate red and green horizontal arcs of 60[deg] each, the 
axis of adjacent arcs to be 90[deg] from each other; each light shall be 
securely mounted with the axis of the green arcs parallel to the long 
axis of the swing span.
    (b) Swing span lights on deck and half-through bridges. Each swing 
span of every deck, half-through, girder, or similar type swing bridge 
shall be lighted with four lanterns so that when viewed from an 
approaching vessel the swing span when closed will display one red light 
at each end, and when open to navigation will display two green lights 
from each end. Each lantern shall show through one red and two green 
horizontal arcs of 60[deg] each, the axis of each green arc to be 
90[deg] from the axis of the red arc; each light shall be securely 
mounted at the floor level of the span as near to the side of the span 
as practicable with the axis of the red light normal to the long axis of 
the swing span and so that the red light will be visible from an 
approaching vessel when the span is closed.
    (c) Pier lights. Every swing bridge shall be lighted so that each 
end of the piers adjacent to the navigable channel (draw piers) or each 
end of their protection piers (draw pier protection piers) and each end 
of the piers protecting the pivot pier (pivot protection pier) will be 
marked by a red light. Each of these lights shall show through a 
horizontal arc of 180[deg] and shall be mounted as low as practicable 
below the floor level of the swing span to show 90[deg] on either side 
of a line parallel to the axis of the channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every swing bridge shall be lighted so that the 
intersection of the bridge axis with each side of the pivot pier and the 
channel side of each draw pier which has a protection pier will be 
marked by a red light: Provided, That if the draw and draw protection 
piers are straight along their channel faces these lights shall not be 
required. Each such light shall show

[[Page 665]]

through a horizontal arc of 180[deg], and shall be mounted on the 
navigable channel face of the pier as low as practicable below the floor 
level of the swing span to show 90[deg] either side of a line normal to 
the axis of the navigable channel so as to be visible from an 
approaching vessel.
    (e) Omission of lights. Where the permanent navigable channel passes 
on only one side of the pivot pier of any swing span, the District 
Commander may authorize the omission of lighting of the unused channel.



Sec. 118.75  Lights on single-opening drawbridges.

    (a) Bridges in this class. Bridges of the folding, pontoon and 
similar type single opening drawbridges are included in this class.
    (b) Draw span lights. Each draw span of every single opening 
drawbridge shall be lighted with two lanterns so that when viewed from 
an approaching vessel the draw span when closed will display two red 
lights, one at each end of the span and when open to navigation will 
display two green lights, one at each end of the span. Each lantern 
shall show alternate red and green horizontal arcs of 60[deg] each, the 
axis of adjacent arcs to be located 90[deg] from each other; each 
lantern shall be securely mounted 15 feet above the roadway with the 
axis of the green arcs parallel to the long axis of the swing span.
    (c) Pier or abutment lights. Every swing bridge shall be lighted so 
that the end of each pier, abutment or fixed portion of the bridge 
adjacent to the navigable channel through the draw, or each end of the 
protection piers for such piers, abutments, or fixed portion of the 
bridge will be marked by a red light. Each red light shall show through 
an arc of 180[deg], and shall be securely mounted on the pier, abutment 
or fixed portion of the bridge as low as practicable to show 90[deg] on 
either side of a line parallel to the axis of the channel so as to be 
visible from an approaching vessel.



Sec. 118.80  Lights on bascule bridges.

    (a) Lift span lights. Each lift span of every bascule bridge shall 
be lighted so that the free end of the span will be marked on each side 
by a green light which shows only when the span is fully open for the 
passage of a vessel and by a red light which shows for all other 
positions of the lift span. Each red and each green light shall show 
through a horizontal arc of 180[deg]. The lighting apparatus shall be 
securely mounted to the side of the span so that the light will show 
equally on either side of a line parallel to the axis of the channels, 
so that they will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, existing lights may show through a 
horizontal arc of less than 180[deg]. When major repairs to or 
replacement of existing lights are made they shall conform with this 
paragraph.

    (b) Multiple parallel lift span lights. The outermost side of each 
outer span of every bascule bridge with parallel multiple lifts shall be 
lighted as prescribed in paragraph (a) of this section; the lights shall 
be controlled so that the green lights will be displayed only when all 
spans are open for navigation. The inner sides of each outer lift span 
and both sides of each inner lift span of such bascule bridge shall be 
lighted by red lights for all positions of the lift span. These lights 
shall have the same arcs of illumination and shall be mounted as 
described in paragraph (a) of this section.
    (c) Pier lights. Every bascule bridge shall be lighted so that each 
end of every pier, or protection pier where provided, in or adjacent to 
the navigable channels under the lift span or spans will be marked by a 
red light. Each such red light shall show through a horizontal arc of 
180[deg], and shall be securely mounted as low as practicable on the end 
of the pier, or protection pier, to show 90[deg] either side of a line 
parallel to the axis of the navigable channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every bascule bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the long axis of the lift span with the channel side of 
each pier, or protection pier, will be marked by a red light: Provided, 
That if all such piers and protection piers are straight along their 
channel faces these lights shall not be required.

[[Page 666]]

Each such red light shall show through a horizontal arc of 180[deg] and 
shall be securely mounted on the navigable channel face of the pier as 
low as practicable to show 90[deg] on either side of a line normal to 
the axis of the navigable channel so as to be visible from an 
approaching vessel.



Sec. 118.85  Lights on vertical lift bridges.

    (a) Lift span lights. The vertical lift span of every vertical lift 
bridge shall be lighted so that the center of the navigable channel 
under the span will be marked by a range of two green lights when the 
vertical lift span is open for navigation, and by one red light on each 
side for all other positions of the lift span. The green lights shall 
each show through a horizontal arc of 360[deg]; they shall be securely 
mounted just below the outermost edge of the bridge span structure so as 
to be visible from an approaching vessel. Each red light shall show 
through a horizontal arc of 180[deg], and shall be securely mounted just 
below the outermost edge of the lift span to show 90[deg] on either side 
of the line parallel to the axis of the channel so that only one such 
light will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, it is permitted that these lights show 
through a horizontal arc of not more than 60[deg]. When major repairs to 
or replacement of such existing lights are made they shall conform with 
this paragraph.

    (b) Pier lights. Every vertical lift bridge shall be lighted so that 
each end of every pier in or adjacent to navigable channels under the 
lift span, or each end of every protection pier when provided, will be 
marked by a red light. Each such light shall show through a horizontal 
arc of 180[deg], and shall be securely mounted as low as practicable on 
the end of the pier, or the protection pier, to show 90[deg] on either 
side of a line parallel to the axis of the navigable channel so as to be 
visible from an approaching vessel.
    (c) Axis lights. Every lift bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the lift span axis with the channel side of each pier 
adjacent to the navigable channel will be marked by a red light: 
Provided, That if every such pier, or protection pier, is straight along 
its channel face these lights shall not be required. Each such light 
shall show through a horizontal arc of 180[deg], and shall be securely 
mounted on the navigable channel face of the pier as low as practicable 
to show 90[deg] on either side of a line normal to the axis of the 
navigable channel so as to be visible from an approaching vessel.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.90  Bridges crossing channel obliquely.

    Bridges crossing a body of water at an angle other than 90[deg] with 
the axis of the channel shall be lighted in accordance with the 
regulations in this part with such modifications as are necessary in 
each particular case.



Sec. 118.95  Lights on structures not part of a bridge or approach structure.

    Lights on sheer booms, isolated piers, obstructions, and other 
structures not part of a bridge or approach structure must meet the 
requirements for aids to navigation in Subpart 66.01 of Part 66 of this 
chapter.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.100  Retroreflective panels on bridge piers.

    The District Commander may require or authorize the display of high 
intensity red or green retroreflective panels when the District 
Commander finds it necessary:
    (a) To better identify a hazardous pier.
    (b) To provide a backup for red pier lights, red channel margin 
lights, and green mid channel lights, which are subject to vandalism or 
otherwise difficult to properly maintain. If the District Commander 
determines that the nominal nighttime visibility required is less than 
one-half mile, the panels must be at least six inches square. If the 
visibility required is more than one-half mile, the panels must be at 
least 12 inches square.
    (c) To mark bridge piers or channel sides on bridges not required to 
have bridge lighting. Lateral significant red

[[Page 667]]

triangles and green square retroreflective panels shall be used. The 
panels shall be at least 36 square inches in area to provide a nominal 
nighttime visibility distance of at least one-half mile.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.105  [Reserved]



Sec. 118.110  Daymarks and lateral lighting on bridges.

    (a) The District Commander may require or authorize the marking of 
the margins of navigation channels through bridges with U.S. aids to 
navigation system lateral marks and lights installed on the 
superstructure or on the channel piers. The District Commander may also 
require or authorize the use of quick flashing, flashing, isophase or 
occulting red and green lights to mark the main channels.
    (b) If lateral system lights are required or authorized to mark the 
main navigation channels, fixed yellow lights shall be used to mark the 
adjacent piers and the centerline of the channel shall be marked with 
the standard lateral system safe water mark and occulting white light, 
instead of the lights prescribed in Sec. 118.65.
    (c) The District Commander may require or authorize the marking of 
the centerline of the navigation channel drawspan of floating 
drawbridges with a special mark, diamond in shape, yellow in color, and 
with a high intensity retroreflective material border. The District 
Commander may require or authorize the mark to exhibit a flashing yellow 
light Morse Code ``B'' characteristic. The mark may not be visible when 
the drawspan is in the open position.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.120  Radar reflectors and racons.

    The District Commander may require or authorize the installation of 
radar reflectors and racons on bridge structures, stakes, or buoys. 
Radar reflectors are used to mark the location of the edge of the 
navigation channel or bridge channel piers. Racons are used to mark the 
centerline of the channel.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.130  Fog signals.

    On waterways where visibility is frequently reduced due to fog or 
other causes, the District Commander may require or authorize the 
installation of one or more fog signals to warn the navigator of the 
presence of the bridge. The fog signals must conform to the 
installation, range, and sound frequencies provisions in Subpart 67.10 
of Part 67 of this chapter. If more than one fog signal is installed on 
a bridge or in the vicinity, their characteristics must be different to 
distinguish each signal. The fog signals must be directional to the 
fullest extent possible to minimize adverse impact on local residents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.140  Painting bridge piers.

    The District Commander may require painting the sides of bridge 
channel piers below the superstructure facing traffic white or yellow 
when they are significantly darkened by weathering or other causes so as 
to be poorly visible against a dark background.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec. 118.150  Traveller platforms.

    The District Commander may require under deck traveller platforms 
which may significantly reduce the vertical clearance when operated over 
navigation channels at night to be lighted with quick flashing red 
lights on each of the four lower corners.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec. 118.160  Vertical clearance gauges.

    (a) When necessary for reasons of safety of navigation, the District 
Commander may require or authorize the installation of clearance gauges. 
Except as specified in Sec. 117.47(b) of this chapter for certain 
drawbridges, clearance gauges must meet the requirements of this 
section.
    (b) Clearance gauges must indicate the vertical distance between 
``low steel'' of the bridge channel span and the level of the water, 
measured to the bottom of the foot marks, read from top to bottom. Each 
gauge must be installed on the end of the right channel pier or pier 
protection structure facing

[[Page 668]]

approaching vessels and extend to a reasonable height above high water 
so as to be meaningful to the viewer. Other or additional locations may 
be prescribed by the District Commander if particular conditions or 
circumstances warrant.
    (c) Construction. Each gauge must be permanently fixed to the bridge 
pier or pier protection structure and made of a durable material of 
sufficient strength to provide resistance to weather, tide, and current. 
Gauges may be painted directly on the bridge channel pier or pier 
protection structure if the surface is suitable and has sufficient width 
to accommodate the foot marks (graduations) and numerals.
    (d) Numerals. (1) Each gauge must be marked by black numerals and 
foot marks on a white background. Paint, if used, must be of good 
exterior quality, resistant to excessive chalking or bleeding. 
Manufactured numerals and background material may be used.
    (2) The size, type, and spacing of numerals must conform to the 
Standard Alphabets for Highway Signs and the following table. The 
nominal day visibility distance is the distance at which the clearance 
information needs to be ascertained by approaching vessel operators. The 
District Commander determines this distance for each bridge.

------------------------------------------------------------------------
                                                               Vertical
 Nominal day visibility distance   Height of      Type of     spacing of
             (feet)                 numeral       numeral      numerals
                                   (inches)                     (feet)
------------------------------------------------------------------------
Less than 500...................          12  Series C......           2
500 to 750......................          18  Series C......           2
750 to 1,000....................          24  Series D......           5
1,000 to 2,000..................          30  Series E......           5
More than 2,000.................          36  Series E......          10
------------------------------------------------------------------------

    (3) The length of the foot marks must be no less than the width of a 
single numeral used (except numerals 1 and 4), be the same thickness as 
the width of stroke of the numeral, and extend to the nearest margin of 
the white background. Foot marks must be spaced every foot for nominal 
day visibility of less than 500 feet, every two feet for a nominal day 
visibility of more than 500 feet but less than 1,000 feet, and every 
five feet for nominal day visibility of more than 1,000 feet.
    (4) Intermediate foot marks may be used when more precise 
determination of actual clearance is necessary. Such intermediate foot 
marks must have a width of stroke one-half the width of the stroke 
required for the numeral and shall be three-quarters as long as the 
primary foot marks.
    (5) The horizontal distance between the numeral and nearest edge of 
the white background shall be no less than one-half the width of a 
single numeral (excepting numerals 1 and 4).
    (6) The minimum width of the white background shall be no less than 
three times the width of a single numeral (excepting numerals 1 and 4) 
plus the widths of each additional numeral (when multiple numerals are 
used plus numeral spacing).
    (e) Maintenance. The owner or operator of the bridge shall maintain 
each gauge in good repair and legible condition. The bridge owner or 
operator is responsible for the accuracy of the gauge and shall 
remeasure the vertical distance of the numerals and foot marks below 
``low steel'' of the bridge whenever the gauge is repainted or the 
structure is repaired.

[CGD 84-022, 51 FR 16314, May 2, 1986]

[[Page 669]]



                    SUBCHAPTER K_SECURITY OF VESSELS





PART 120_SECURITY OF PASSENGER VESSELS--Table of Contents




                            Subpart A_General

Sec. 
120.100 Does this part apply to me?
120.110 Definitions.
120.120 Incorporation by reference.

                       Subpart B_Sec. rity Program

120.200 What must my Vessel Sec. rity Program cover?
120.210 What are the responsibilities of my vessel security officer?
120.220 What must I do to report an unlawful act and related activity?

           Subpart C_Plans and Procedures for Vessel Sec. rity.

120.300 What is required to be in a Vessel Sec. rity Plan?
120.303 Who must submit a Terminal Sec. rity Plan?
120.305 What is the procedure for examination?
120.307 What do I do if I need to amend my Vessel Sec. rity Plan?
120.309 What is my right of appeal?

    Authority: 33 U.S.C. 1231; Department of Homeland Sec. rity 
Delegation No. 0170.



                            Subpart A_General



Sec. 120.100  Does this part apply to me?

    This part applies to all passenger vessels over 100 gross tons, 
carrying more than 12 passengers for hire; making voyages lasting more 
than 24 hours, any part of which is on the high seas; and for which 
passengers are embarked or disembarked in the United States or its 
territories. It does not apply to ferries that hold Coast Guard 
Certificates of Inspection endorsed for ``Lakes, Bays, and Sounds'', and 
that transit international waters for only short periods of time, on 
frequent schedules.



Sec. 120.110  Definitions.

    As used in this part:
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a Captain of the Port Zone as described in 
Part 3 of this chapter, or an authorized representative.
    Commandant means the Commandant of the U.S. Coast Guard, or an 
authorized representative.
    High seas means the waters defined in Sec. 2.32(d) of this chapter.
    Operator means the person, company, or governmental agency, or the 
representative of a company or governmental agency, that maintains 
operational control over a passenger vessel or passenger terminal.
    Passenger terminal means any structure used for the assembling, 
processing, embarking, or disembarking of passengers or baggage for 
vessels subject to this part. It includes piers, wharves, and similar 
structures to which a vessel may be secured; land and water under or in 
immediate proximity to these structures; buildings on or contiguous to 
these structures; and equipment and materials on or in these structures.
    Sec. rity Level I means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is, 
though possible, not likely.
    Sec. rity Level II means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is 
possible and intelligence indicates that terrorists are likely to be 
active within a specific area, or against a type of vessel or terminal.
    Sec. rity Level III means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is 
probable or imminent and intelligence indicates that terrorists have 
chosen specific targets.
    Unlawful act means an act that is a felony under U.S. federal law, 
under the laws of the States where the vessel is located, or under the 
laws of the country in which the vessel is registered.
    Voyage means the passenger vessel's entire course of travel, from 
the first port at which the vessel embarks passengers until its return 
to that port or another port where the majority of the passengers are 
disembarked and terminate their voyage.

[[Page 670]]

    We means the United States Coast Guard.
    You, unless otherwise specified, means the owner, operator, or 
charterer of a passenger vessel.

[CGD 91-012, 61 FR 37652, July 18, 1996, as amended by CGD91-012, 63 FR 
53590, Oct. 6, 1998; USCG-2001-9044, 68 FR 42602, July 18, 2003]



Sec. 120.120  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and must make the 
material available to the public. All approved material may be inspected 
at the U.S. Coast Guard, (G-MES), 2100 Sec. nd Street SW., Washington, 
DC. Copies may be obtained from IMO, 4 Albert Embankment, London SE1 
7SR, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures to 
Prevent Unlawful Acts Against Passengers and Crews on Board Ships 
September 26, 1986--120.220, 120.300



                       Subpart B_Sec. rity Program

[CGD 91-012, 61 FR 37652, July 18, 1996, as amended at 69 FR 18803, Apr. 
9, 2004]



Sec. 120.200  What must my Vessel Sec. rity Program cover?

    (a) If this part applies to your passenger vessel, you must 
implement a program for that vessel that--
    (1) Provides for the safety and security of persons and property 
traveling aboard the vessel, against unlawful acts;
    (2) Prevents or deters the carriage aboard the vessel of any 
prohibited weapon, incendiary, or explosive, on or about any person or 
within his or her personal articles or baggage, and the carriage of any 
prohibited weapon, incendiary, or explosive, in stowed baggage, cargo, 
or stores;
    (3) Prevents or deters unauthorized access to the vessel and to 
restricted areas aboard the vessel;
    (4) Provides appropriate security measures for Sec. rity Levels I, 
II, and III that allow for increases in security when the Commandant or 
Captain of the Port (COTP) advises you that a threat of an unlawful act 
exists and may affect the vessel or any person aboard it;
    (5) Designates, by name, a security officer for the vessel;
    (6) Ensures that all members of the crew are adequately trained to 
perform their duties relative to security; and
    (7) Provides for coordination with terminal security while in port.
    (b) If this part applies to your passenger vessel, you must work 
with the operator of each terminal at which that vessel embarks or 
disembarks passengers, to provide security for the passengers and the 
vessel. You need not duplicate any provisions fulfilled by the terminal 
unless directed to by the Commandant. When a provision is fulfilled by 
the terminal, the applicable section of the Vessel Sec. rity Plan 
required by Sec. 120.300 must refer to that fact.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec. 120.210  What are the responsibilities of my vessel security officer?

    (a) If this part applies to your passenger vessel, you must 
designate a security officer for your vessel.
    (b) This officer must ensure that--
    (1) An initial comprehensive security survey is conducted and 
updated;
    (2) The Vessel Sec. rity Plan required by Sec. 120.300 is 
implemented and maintained, and amendments to correct its deficiencies 
and satisfy the security requirements for the vessel are proposed;
    (3) Adequate training for members of the crew responsible for 
security is provided;

[[Page 671]]

    (4) Regular security inspections of the vessel are conducted;
    (5) Vigilance is encouraged, as well as is general awareness of 
security, aboard the vessel;
    (6) All occurrences or suspected occurrences of unlawful acts and 
related activities are reported under Sec. 120.220; and
    (7) Coordination, for implementation of the Vessel Sec. rity Plan 
required by Sec. 120.300, takes place with the terminal security 
officer at each terminal where the vessel embarks or disembarks 
passengers.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec. 120.220  What must I do to report an unlawful act and related activity?

    (a) Either you or the vessel security officer must report each 
breach of security, unlawful act, or threat of an unlawful act against 
any of your passenger vessels to which this part applies, or against any 
person aboard it, that occurs in a place subject to the jurisdiction of 
the United States. You must report the incident to both the COTP and to 
the local office of the Federal Bureau of Investigation (FBI). Also, if 
your vessel is a U.S.-flag vessel, you must report each such incident 
that occurs in a place outside the jurisdiction of the United States to 
the hotline of the Response Center of the Department of Homeland 
Sec. rity at 1-800-424-0201, or, from within metropolitan Washington, 
D.C., at 202-372-2428; Fax: 202-372-2920.
    (b) Either you or the vessel security officer must file a written 
report of the incident, using the form ``Report on an Unlawful Act,'' 
contained in IMO MSC Circular 443, which you or the officer must forward 
as soon as possible to Commandant (G-MOR), U.S. Coast Guard 
Headquarters, 2100 Sec. nd Street SW., Washington, DC 20593-0001. You may 
initially file the report with Commandant (G-MOR) by fax at (202) 267-
4085 or -4065.

[CGD91-012, 63 FR 53590, Oct. 6, 1998, as amended by USCG-2003-14505, 68 
FR 9535, Feb. 28, 2003; USCG-2006-25150, 71 FR 39208, July 12, 2006]



           Subpart C_Plans and Procedures for Vessel Sec. rity



Sec. 120.300  What is required to be in a Vessel Sec. rity Plan?

    (a) If your passenger vessel is subject to this part, you must 
develop and maintain, in writing, for that vessel, an appropriate Vessel 
Sec. rity Plan that--
    (1) Is unique to the vessel;
    (2) Articulates the program required by Sec. 120.200; and
    (3) Includes an appendix, for each port where the vessel embarks or 
disembarks passengers, that contains port-specific security information.
    (b) The Vessel Sec. rity Plan must be developed and maintained under 
the guidance in IMO MSC Circular 443, and must establish security 
measures to take for Sec. rity Levels I, II, and III, to--
    (1) Deter unauthorized access to the vessel and its restricted 
areas;
    (2) Deter the introduction of prohibited weapons, incendiaries, or 
explosives aboard the vessel;
    (3) Encourage vigilance, as well as general awareness of security, 
aboard the vessel;
    (4) Provide adequate training to members of the crew for security 
aboard the vessel;
    (5) Coordinate responsibilities for security with the operator of 
each terminal where the vessel embarks or disembarks passengers; and
    (6) Provide information to members of the crew and to law-
enforcement personnel, in case of an incident affecting security.
    (c) You must amend the Vessel Sec. rity Plan to address any known 
deficiencies.
    (d) You must restrict the distribution, disclosure, and availability 
of information contained in the Vessel Sec. rity Plan to those persons 
with an operational need to know.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec. 120.303  Who must submit a Terminal Sec. rity Plan?

    (a) You must submit a Terminal Sec. rity Plan whenever--
    (1) There is an agreement with the owner or operator of a terminal 
that you will submit the Plan;

[[Page 672]]

    (2) You have exclusive use of the pier and terminal building 
immediately adjacent to the pier and have complete control of that area;
    (3) There is no terminal; or
    (4) Passengers embark or disembark but no baggage or stores are 
loaded or offloaded.
    (b) In the situations described in paragraphs (a)(3) and (4) of this 
section, you may, with the permission of the cognizant COTP, use an 
annex to the vessel's security plan instead of a Terminal Sec. rity Plan.
    (c) The owner or operator of a terminal must submit a Terminal 
Sec. rity Plan whenever--
    (1) There is an agreement with you that the owner or operator of the 
terminal will submit the Plan;
    (2) No security agreement exists; or
    (3) (i) At least one vessel other than a passenger vessel uses the 
terminal;
    (ii) More than one passenger vessel line uses the terminal; or
    (iii) The terminal loads or offloads baggage or stores.

[CGD91-012, 63 FR 53591, Oct. 6, 1998]



Sec. 120.305  What is the procedure for examination?

    (a) You must submit two copies of each Vessel Sec. rity Plan required 
by Sec. 120.300, or of any Terminal Sec. rity Plan or annex required or 
permitted under Sec. 120.303 or Sec. 128.305 of this chapter, to the 
Commanding Officer (MSC), USCG Marine Safety Center, 1900 Half Street, 
SW., Suite 1000, Room 525, Washington, DC 20024 for visitors. Send all 
mail to Commanding Officer (MSC), United States Coast Guard, JR10-0525, 
2100 2nd Street, SW., Washington, DC 20593, for examination at least 60 
days before embarking passengers on a voyage described in Sec. 120.100.
    (b) If the Commanding Officer, Marine Safety Center, finds that the 
Vessel Sec. rity Plan meets the requirements of Sec. 120.300, he or she 
will return a copy to you marked ``Examined by the Coast Guard.''
    (c) If the Commanding Officer, Marine Safety Center, finds that the 
Vessel Sec. rity Plan does not meet the requirements of Sec. 120.300, he 
or she will return the Plan with an explanation of why it does not meet 
them.
    (d) No vessel subject to this part may embark or disembark 
passengers in the United States, unless it holds either a Vessel 
Sec. rity Plan that we have examined or a letter from the Commanding 
Officer, Marine Safety Center, stating that we are currently reviewing 
the Plan and that normal operations may continue until we have 
determined whether the Plan meets the requirements of Sec. 120.300.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001; USCG-2007-26953, 72 FR 5931, Feb. 8, 2007]



Sec. 120.307  What do I do if I need to amend my Vessel Sec. rity Plan?

    (a) If your passenger vessel is subject to this part, you must amend 
your Vessel Sec. rity Plan when directed by the Commanding Officer, 
Marine Safety Center, and may amend it on your own initiative.
    (b) You must submit each proposed amendment to the Vessel Sec. rity 
Plan you initiate, including changes to any appendix required by Sec. 
120.300(a)(3), to the Commanding Officer, Marine Safety Center, for 
review, at least 30 days before the amendment is to take effect, unless 
he or she allows a shorter period. He or she will examine the amendment 
and respond according to Sec. 120.305.
    (c) The Commanding Officer, Marine Safety Center, may direct you to 
amend your Vessel Sec. rity Plan if he or she determines that 
implementation of the Plan is not providing effective security. Except 
in an emergency, he or she will issue you a written notice of matters to 
address and will allow you at least 60 days to submit proposed 
amendments.
    (d) If there is an emergency or other circumstance where the COTP 
determines that implementation of the Plan is not providing effective 
security, and the procedures in paragraph (c) of this section are 
impracticable, the COTP may give you an order to implement increases in 
security immediately. The order will incorporate a statement of the 
reasons for it.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]

[[Page 673]]



Sec. 120.309  What is my right of appeal?

    Any person directly affected by a decision or action taken by the 
Commanding Officer, Marine Safety Center, under this part, may appeal 
that action or decision to the Assistant Commandant for Marine Safety, 
Sec. rity and Environmental Protection [Commandant (G-M)] according to 
the procedures in 46 CFR 1.03-15.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001; USCG-2002-12471, 67 FR 41332, June 18, 2002]

[[Page 675]]

                                  INDEX

                      SUBCHAPTER K_SECURITY OF VESSELS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Sec. rity, and is revised through July 1, 2007.

                                                                 Sec. ion

                                 A

Amendment
                                                                 120.307
Appeals, right of
                                                                 120.309
Applicability, security of passenger vessels
                                                                 120.100

                                 D

Definitions
                                                                 120.110

                                 I

Incorporation by reference
                                                                 120.120

                                 P

Plans and Procedures
                                                      Part 120-subpart C
Procedure for examination
                                                                 120.305

                                 R

Reporting of unlawful acts and related activities
                                                                 120.220

                                 S

Sec. rity of passenger vessels
                                                                Part 120
Sec. rity program
                                                      Part 120-subpart B

                                 V

Vessel security officer
                                                              120.210   


[[Page 677]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 679]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 2007)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


33 CFR (PARTS 1 TO 124)

COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
                                                                  33 CFR
  All the following materials are also on file at 
  Coast Guard Headquarters, Room 4407, Trans Point 
  Bldg., 2100 Second St. SW, Washington, DC 20593.


Department of Defense

  DODSSP Standardization Document Order Desk, 700 
  Robbins Ave., Bldg. 4D, Philadelphia, PA 19111-
  5098
Military specifications:
  MIL-C-25050 Color, Aeronautical Lights & Lighting Equipment,67.30-5(a)
  (1971).


Federal Highway Administration

  400 Seventh St., SW., Washington, DC 20590
Standard Alphabets for Highway Signs, 1966 (1984                     118
  Reprint).


Illumination Engineering Society

  345 E. 47th St., New York, NY 10017
Colors of Light Signals, 1975.....................                 84.13


International Maritime Organization (IMO)

  4 Albert Embankment, London, SE1 75R, U.K.
IMO Resolution A.741(18), International Management        96.220; 96.370
  Code for the Safe Operation of Ships and for 
  Pollution Prevention, dated November 4, 1993.
IMO Resolution A.739(18), Guidelines for the                      96.440
  Authorization of Organizations Acting on Behalf 
  of the Administration, dated November 4, 1993.
IMO Resolution A.788(19), Guidelines on                   96.320; 96.440
  Implementation of the International Safety 
  Management (ISM) Code by Administrations, dated 
  November 23, 1995.
IMO Conference Resolution 1: Adoption of              101.115; 101.120; 
  Amendments to the Annex to the International        101.310; 101.410; 
  Convention for the Safety of Life at Sea, 1974,     101.505; 104.105; 
  and Amendments to Chapter XI of SOLAS 1974          104.115; 104.120; 
  (SOLAS Chapter XI-1 or SOLAS Chapter XI-2),           104.297; 104.400
  adopted December 12, 2002.
IMO Conference Resolution 2: Adoption of the          101.115; 101.410; 
  International Code for the Security of Ships and    101.505; 104.105; 
  of Port Facilities (ISPS Code), Parts A and B,      104.115; 104.120; 
  adopted December 12, 2002.                            104.297; 104.400
MSC Circular 443, ``Measures to Prevent Unlawful        120.220; 120.300
  Acts Against Passengers and Crews on Board 
  Ships,'' dated September 26, 1986.

[[Page 681]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2007)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100-199)
        II  Office of Management and Budget Circulars and Guidance 
                (200-299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Part 376)
        VI  Department of State (Part 601)
      VIII  Department of Veterans Affairs (Part 801)
        IX  Department of Energy (Part 901)
        XI  Department of Defense (Part 1125)
       XIV  Department of the Interior (Part 1400)
        XV  Environmental Protection Agency (Part 1532)
     XVIII  National Aeronautics and Space Administration (Part 
                1880 )
      XXII  Corporation for National and Community Service (Part 
                2200)
       XXV  National Science Foundation (Part 2520)
      XXVI  National Archives and Records Administration (Part 
                2600)
    XXVIII  Department of Justice (Part 2867)
     XXXII  National Endowment for the Arts (Part 3254)
    XXXIII  National Endowment for the Humanities (Part 3369)
      XXXV  Export-Import Bank of the United States (Part 3513)
    XXXVII  Peace Corps (Part 3700)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

[[Page 682]]

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      LVII  General Services Administration (Part 6701)

[[Page 683]]

     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
      LXIV  Merit Systems Protection Board (Part 7401)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Part 
                9701)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Part 9901)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 684]]

      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 685]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)

[[Page 686]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)

[[Page 687]]

        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

[[Page 688]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 689]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 690]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 691]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

[[Page 692]]

        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)

[[Page 693]]

        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)

[[Page 694]]

        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)

[[Page 695]]

        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)

[[Page 696]]

      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)

[[Page 697]]

        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees' 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  [Reserved]
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)

[[Page 698]]

        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 699]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2007)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 700]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                2, XI, 5; XXVI; 32, 
                                                  Subtitle A; 40, VII

[[Page 701]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, II
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2

[[Page 702]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61

[[Page 703]]

  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Defense Acquisition Regulations System          48, 2
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V; 42, I
Industry and Security, Bureau of                  15, VII

[[Page 704]]

Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV

[[Page 705]]

  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowments for the Arts                  2, XXXII
National Endowments for the Humanities            2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
   Administration
[[Page 706]]

National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII

[[Page 707]]

Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 709]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

33 CFR
                                                                   66 FR
                                                                    Page
Chapter I
1.07-90 (b) introductory text and (c) amended......................33639
1.07-95 (a) and (b) amended........................................33639
25.101 Revised.....................................................33639
25.103 Amended.....................................................33639
25.111 (b) introductory text amended; (b)(3) revised...............33639
25.131 (b) amended.................................................33639
54.07 Amended......................................................33639
62.21 (c)(4) revised; (h) amended..................................33640
62.51 (b)(3) amended...............................................33640
62.65 (c)(1) amended...............................................33640
64.13 (a) amended..................................................33640
66.01-10 Regulation at 65 FR 59126 withdrawn...........................8
66.05-30 (b) amended...............................................33640
67.50-25 (e) revised...............................................33640
72.01-10 (c) revised...............................................33640
72.01-25 (a) amended; (b) revised..................................33640
72.05-1 (a)(1), (2) and (3) revised................................33640
72.05-5 Revised....................................................33640
84.25 Added........................................................55091
95 Heading revised..................................................1862
95.001 (a) amended..................................................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
95.010 Amended......................................................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
95.020 Heading, introductory text and (a) revised...................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
95.025 Heading, (a) and (b) revised.................................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
95.030 Heading and introductory text revised........................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
95.040 (a) amended..................................................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
100 Authority citation revised......................................1582
    Temporary regulations list.......................10581, 28370, 56035
100.01 Regulation at 61 FR 33032 withdrawn..........................1581
100.05 Regulation at 61 FR 33032 withdrawn..........................1581
100.15 Regulation at 61 FR 33032 withdrawn..........................1581
    (c) revised; (d) redesignated as (f); new (d) and (e) added.....1582
    Regulation at 66 FR 1582 eff. date delayed; (d) and (e) 
corrected...........................................................9659
100.17 Regulation at 61 FR 33032 withdrawn..........................1581
100.18 Regulation at 61 FR 33033 withdrawn..........................1581
100.19 Regulation at 61 FR 33033 withdrawn..........................1581
100.25 Regulation at 61 FR 33033 withdrawn..........................1581
100.30 Regulation at 61 FR 33033 withdrawn..........................1581

[[Page 710]]

100.35 Regulation at 61 FR 33033 withdrawn..........................1581
100.35T-00-124 Added (temporary)....................................1045
100.35-T05-003 Added (temporary)...................................13433
100.35-T05-023 Added (temporary)...................................33468
100.35-T05-027 Added (temporary)...................................33470
100.35-T05-029 Added (temporary)...................................34828
100.35-T05-030 Added (temporary)...................................34824
100.35-T05-031 Added (temporary)...................................34820
100.35-T05-032 Added (temporary)...................................34826
100.35T-05-038 Added (temporary)...................................41144
100.35T-05-040 Added (temporary)...................................41142
100.35T-05-041 Added (temporary)...................................41140
100.35-T05-047 Added (temporary)...................................44052
100.35-T05-053 Added (temporary)...................................46378
100.35-T05-055 Added (temporary)...................................46376
100.35-T05-057 Added (temporary)...................................47385
100.35-T05-058 Added (temporary)...................................48955
100.35T-07-023 Added (temporary)...................................19092
100.35T-07-040 Added (temporary)...................................30317
100.35T-07-042 Added (temporary)...................................30314
100.35T-07-043 Added (temporary)...................................30315
100.35T-07-046 Added (temporary)...................................30806
100.35T-07-049 Added (temporary)...................................33024
100.35T-07-119 Added (temporary)...................................54138
100.35T-07-120 Added (temporary)...................................63626
100.35T-07-121 Added (temporary)...................................54140
100.35-T09-001 Added (temporary)...................................37415
100.35-T09-996 Added (temporary)...................................46522
100.50 Regulation at 61 FR 33033 withdrawn..........................1581
100.100--100.1306 (Subpart B) Regulation at 61 FR 33033 withdrawn 
                                                                    1581
100.100 Regulation at 61 FR 33033 withdrawn.........................1581
100.101 Implementation (temporary).................................18546
100.506 Added......................................................41138
100.508 Implementation (temporary).................................46374
100.511 Implementation (temporary)..........................13238, 34828
100.513 Implementation (temporary).................................46377
100.515 Implementation (temporary).................................41140
100.522 Added......................................................57875
100.526 Added......................................................57876
100.718 Stayed (temporary).........................................30315
100.719 Stayed (temporary).........................................30314
100.734 Stayed (temporary)..........................................1045
100.901 Table 1 amended............................................33640
100.1101 Implementation (temporary)................................18193
100.1102 Implementation (temporary).................................9658
100.1301 Revised...................................................34822
100.1303 Implementation (temporary)................................38154
100.1306 Implementation (temporary)................................23849
110.83 (a) suspended (temporary)...................................66749
110.157 (b)(11) added (temporary)..................................50317
110.205 (a)(1) and (5) suspended (temporary).......................66751
110.206 Stayed (temporary).........................................32906
110.224 (a)(18) added; (d) table, (e)(5), (6) and (17) revised; 
        eff. 7-26-01...............................................33835
110.T01-162 Added (temporary)......................................49283
110.T09-007 Added (temporary)......................................32906
114.05 (d) and (i) amended.........................................33640
114.40 Amended.....................................................33641

[[Page 711]]

117 Temporary drawbridge operation regulations...1045, 1262, 1583, 1584, 
        3466, 7402, 9199, 9659, 9660, 10817, 10965, 11108, 11233, 13239, 
         14487, 16604, 16128, 17511, 17810, 17811, 18193, 18408, 18546, 
         20084, 21862, 23162, 23163, 23610, 30806, 33470, 34829, 36162--
         36165, 37140, 37578, 38155, 38370, 39278, 40117, 42601, 42602, 
         44971, 46522, 46523, 46525, 47077, 47577, 47578, 48556, 48558, 
         48955, 51302--51305, 52317, 52685, 52689, 54931, 59695, 62939, 
                                                     62940, 63626, 63627
    Temporary regulations list.....................................10581
    Technical correction...........................................53089
117.26 (r) suspended; (vv) added (temporary).......................41146
117.181 Revised....................................................18725
117.261 (gg) stayed; (ww) and (xx) added (temporary)...............23162
    (s) stayed; (ww) added (temporary).............................32748
117.291 (a) stayed; (c) added; eff. 1-15-01 to 4-2-02...............6475
    (a) stayed; (c) added (temporary)...............................9200
117.299 Removed....................................................65105
117.301 Added......................................................36467
117.305 Revised....................................................37580
117.311 Revised....................................................65105
117.331 Added......................................................57385
117.393 (c) stayed; (e) added (temporary)..........................26795
117.401 Revised....................................................27867
117.411 (a) revised................................................62938
117.436 Revised....................................................11110
117.447 Amended....................................................33641
117.458 (a) and (b) redesignated as (b) and (c); new (a) added.....27026
117.467 (b) revised................................................56208
117.483 Existing text designated as (a); (b) added (temporary).....23160
    (a) designation and (b) removed................................33472
117.505 (d) revised................................................52687
117.523 Suspended (temporary)......................................62939
117.525 (a) revised.................................................9202
117.593 Stayed; eff. 6-11-01 through 9-21-01.......................23611
117.597 Suspended (temporary)......................................54141
117.599 Revised....................................................10817
117.609 (a) amended................................................33641
117.611 (a) suspended; (c) added (temporary).......................58063
117.622 Revised....................................................46525
117.627 (a), (b) and (c) revised; eff. 7-18-01.....................32749
117.647 (b) stayed; (f) and (g) added (temporary)..................32907
117.687 (a) revised................................................62938
117.691 Revised....................................................62938
117.697 (a) amended................................................33641
117.723 (i) added; eff. 3-13-01 through 5-7-01.....................14488
    (i) added; eff. 5-8-01 through 7-31-01.........................23609
117.733 (k) added..................................................39445
117.789 (c) stayed; (g) added; eff. 5-15-01 through 8-15-01........19857
    (c) stayed; (g) added (temporary)..............................23159
    (c) suspended; (g) added (temporary)...........................52688
    (e) revised....................................................62936
117.793 (c) amended................................................33641
117.795 (a) stayed; (d) added; eff. 4-30-01 through 12-31-01.......18408
    (e) added; eff. 5-18-01 through 11-30-01.......................29484
    (b) amended....................................................33641
    (b) amended; (d) added (temporary).............................40117
117.801 (a)(3) and (h) added; eff. 4-23-01 to 8-31-01..............16129
    (g) and (h) stayed; (i) added (temporary)......................23159
    Regulation at 66 FR 16129 eff. date extended through 8-30-01 
                                                                   37139
    (g) suspended; (h) added (temporary)...........................52689
117.802 (a)(2) suspended; (a)(3) added (temporary).................56992
117.822 Revised....................................................40119
117.899 Revised....................................................51557
117.911 (e) revised................................................42111
117.936 Redesignated from 117.937..................................48557
117.937 Redesignated as 117.936....................................48557
    Added..........................................................48558
117.1007 (a) revised................................................1864
117.1041 (a)(1) revised; eff. 7-20-01..............................33025
117.1051 (d)(2) revised; eff. 7-20-01..............................33026
    (d)(4) added (temporary).......................................35902
    (e)(4) added (temporary).......................................59535
117.1089 Revised...................................................13434
    Regulation at 66 FR 13434 confirmed............................27867
117.T392 Added (temporary).........................................66753

[[Page 712]]

117.T394 Added (temporary).........................................44971
117.T524 Added (temporary).........................................62939
117.T594 Added; eff. 6-11-01 through 9-21-01.......................23611
117.T602 Added (temporary).........................................54141
117.T793 (d) added (temporary).....................................52685
120.305 (a) through (d) amended....................................33641
120.307 (a), (b) and (c) amended...................................33641
120.309 Amended....................................................33641

                                  2002

33 CFR
                                                                   67 FR
                                                                    Page
Chapter I
1.01-70 (b) amended................................................41331
1.01-80 (b) amended................................................41331
1.05-1 (g) amended.................................................41331
1.07-11 (b)(7) added; (d) revised; (e) and (f) added...............38388
1.07-15 (c) amended................................................41331
1.07-35 (c)(2) amended.............................................41331
1.07-50 Amended....................................................41331
1.07-60 (b) amended................................................41331
3.25-10 (b) revised................................................41331
    Regulation at 67 FR 41331 eff. date delayed to 10-1-02.........43252
3.25-20 (b) revised................................................41331
    Regulation at 67 FR 41331 eff. date delayed to 10-1-02.........43252
6 Clarification....................................................51082
6.01-4 Revised; CFR correction.....................................59783
6.01-6 Added.......................................................56215
6.04-1 Revised.....................................................56215
26.08 (a) and (c) amended..........................................41331
81.18 (b) amended..................................................41331
84.25 Regulation at 66 FR 55091 eff. date delayed to 11-1-03........2329
89.18 (a) amended..................................................41332
100 Temporary regulations list........................9194, 49236, 71840
    Implementation.................................................15116
    Technical correction...........................................56222
100.35T-05-009 Added (temporary)...................................13721
100.35T-05-012 Added (temporary)...................................17624
100.35-T05-013 Added (temporary)...................................41836
100.35-T05-029 Added (temporary)...................................41830
100.35-T05-031 Added (temporary)...................................41832
100.35-T05-032 Added (temporary)...................................41834
100.35-T05-0034 Added (temporary)..................................12872
100.35-T05-049 Added (temporary)...................................48782
100.35-T05-052 Added (temporary)...................................53310
100.35-T05-057 Added (temporary)...................................54106
100.35-T05-059 Added (temporary)...................................54343
100.35-T05-061 Added (temporary)...................................54341
100.35-T05-062 Added (temporary)...................................54345
100.35-T05-064 Added (temporary)...................................57952
100.35-T05-075 Added (temporary)...................................60865
100.35T-07-013 Added (temporary)...................................45313
100.35T-07-045 Added (temporary)...................................44553
100.35T-07-049 Added (temporary)...................................44548
100.35T-07-056 Added (temporary)...................................44551
100.35T-07-074 Added (temporary)...................................44549
100.35T-07-087 Added (temporary)...................................45635
100.35T-07-117 Added (temporary)...................................63267
100.35T-08-011 Added (temporary)...................................42483
100.501 Implementation (temporary).................................36519
100.515 Implementation (temporary).................................53735
100.518 Implementation (temporary).................................36518
100.525 Added......................................................17622
100.527 Added......................................................56221
100.735 Added......................................................76988
100.801 Table 1 amended.............................................8195
100.1101 Implementation (temporary)................................53735
110 Comment request...................................................17
110.83 (a) and (d) suspended; new (e) and (f) added (temporary)....34840
110.130 Redesignated as 110.132; new 110.130 added.................68518
110.131 Redesignated as 110.133....................................68518
110.132 Redesignated as 110.134; new 110.32 redesignated from 
        110.130....................................................68518

[[Page 713]]

110.133 Redesignated as 110.136; new 110.133 redesignated from 
        110.131....................................................68518
110.134 Redesignated as 110.138; new 110.134 redesignated from 
        110.132....................................................68518
110.136 Redesignated from 110.133..................................68518
110.138 Redesignated from 110.134..................................68518
110.157 (b)(11)(1) added (temporary)...............................65040
110.235 (c) added (temporary)................................4658, 66051
110.236 (a) revised................................................41332
110.237 (a) amended................................................41332
117 Temporary drawbridge operations regulations........1095, 1416, 1417, 
          1607, 4177, 4909, 5062, 5064, 7082, 8479, 9199, 11040, 11919, 
         11920, 13570, 14640, 15117, 16016, 18492, 19113, 20033, 20441, 
         35905, 38388, 40606, 41174, 43252, 45059, 48782, 49575, 49576, 
         51761, 55115, 56929, 57147, 58329, 60865, 61987, 64527, 65041, 
         65706, 65707, 66053, 66552, 67551, 68519, 70165, 70550, 70551, 
         70552, 70846, 71473, 71840, 72099, 72100, 72559, 76116, 76988, 
                                                            76989, 79853
    Temporary regulations list..............................49236, 71840
    Technical correction...........................................56222
117.205 (c) suspended; (d) added (temporary).......................66554
117.261 (rr) added (temporary).....................................44566
117.273 (a) suspended; (c) added (temporary).......................35904
117.287 (b-1) revised...............................................5064
    (a-1) revised...................................................7954
117.305 Suspended (temporary)......................................63259
117.T306 Added (temporary).........................................63259
117.317 (j) revised; eff. 7-15-02..................................40608
117.319 (a) revised; (c) added.....................................50351
117.391 Introductory text, (a), (b)(1)(iv), (2) and (c) revised; 
        (b)(3), (d) and (e) removed; interim.......................31729
117.393 (c) suspended; (e) added (temporary).......................67110
117.T408 Added (temporary)..............1097, 14864, 76115, 78977, 78978
117.T410 Added (temporary).........................................78977
117.481 Removed....................................................68521
117.597 Suspended (temporary)......................................66053
117.T602 Added (temporary).........................................66053
117.609 Revised....................................................63261
117.647 (a), (b) introductory text, (3) and (4) revised; (d) and 
        (e) redesignated as (c) and (d)............................49240
117.684 Removed....................................................69131
117.680 Removed....................................................69132
117.739 (k) suspended; (q) added (temporary).......................42999
    (b) suspended; (q) added (temporary)...........................64813
117.755 (b) suspended; (c) added (temporary).......................67551
117.789 (c) suspended; (g) added (temporary)........................6648
    (c) suspended; (h) added (temporary)...........................63547
    (h) added (temporary)..........................................71475
117.793 (d) revised (temporary)....................................20034
117.795 (a) suspended; (e) added (temporary)........................9199
    (b) suspended; (d) added (temporary)............................9201
117.799 (e) suspended; (j) (temporary).............................20443
    (h) suspended; (k) added (temporary)...........................36809
    (e) suspended; (k) added (temporary)...........................63547
117.801 (g) suspended; (h) added (temporary).......................21998
    (g) suspended; (h) added.......................................63547
117.802 (a) suspended; (c) added (temporary).......................72561
117.829 Revised....................................................70554
117.903 Revised.....................................................6170
117.911 (f) revised................................................37682
117.977 Revised....................................................35903
117.1041 (a)(2) amended............................................41332
120.309 Amended....................................................41332

                                  2003

33 CFR
                                                                   68 FR
                                                                    Page
Chapter I
Chapter I Heading corrected........................................16953
1 Policy statement.................................................69958
1.01-70 (e) amended.................................................9534
1.05-1--1.05-60 (Subpart 1.05) Authority citation revised....9534, 37740
1.05-1 (a) and (b) amended..........................................9534
    (d) amended....................................................37740
1.05-5 Amended.....................................................37740
1.05-10 (a) and (b) amended.........................................9534
    (b) amended....................................................37740
1.05-20 (a) amended................................................37740
1.05-25 (a) amended.................................................9534
2 Revised..........................................................42598

[[Page 714]]

    Authority citation revised.....................................60470
2.22 (a)(1)(i) amended.............................................60470
3 Authority citation revised.................................9534, 37740
3.01-1 (a) amended..................................................9534
3.01-5 Amended......................................................9534
3.40-15 (b) amended................................................37740
5 Authority citation revised.................................9534, 37740
5.01 (j) amended....................................................9534
5.49 Revised.......................................................37740
5.51 Removed.......................................................37740
5.53 Removed.......................................................37740
26 Authority citation revised...............................39364, 42601
    Authority citation correctly revised...........................41914
    Policy statement...............................................55826
26.02 Amended......................................................42601
26.03 (f) amended; table removed; interim..........................39364
    Regulation at 68 FR 39364 confirmed............................60569
27 Authority citation revised......................................74194
27.1 Revised.......................................................74194
27.2 Removed.......................................................74194
27.3 Revised.......................................................74194
45 Authority citation revised.......................................9534
45.1 (a) amended....................................................9535
51 Authority citation revised.......................................9535
51.2 (a) amended....................................................9535
52 Authority citation revised.......................................9535
    Revised.........................................................9886
52.1 Amended.................................................9535, 37740
52.2 (a) amended.............................................9535, 37740
52.11 (a) and (b) amended....................................9535, 37740
52.81 Amended.......................................................9535
53 Authority citation revised.......................................9535
53.3 Amended........................................................9535
53.5 Amended........................................................9535
53.7 (a) amended....................................................9535
53.9 (a) introductory text and (4) amended..........................9535
62 Authority citation revised......................................42601
62.3 (g) revised...................................................42601
64 Authority citation revised......................................42601
64.06 Amended......................................................42601
66 Authority citation revised................................9535, 68238
66.01-3 (a) amended.................................................9535
66.01-5 Introductory text, (a) and (f) revised.....................68238
66.01-10 Revised...................................................68238
66.01-11 Added.....................................................68238
66.01-12 Added.....................................................68239
66.01-13 Added.....................................................68239
66.01-14 Added.....................................................68239
95 Authority citation revised......................................42601
95.010 Amended.....................................................42601
100 Temporary regulations............................27460, 47237, 62524
    Authority citation revised..............................37740, 42602
100.05 (e) added...................................................42602
100.10 Amended.....................................................37740
100.15 (b) and (c) amended; (d) and (e) removed; (f) redesignated 
        as new (d).................................................37740
100.25 (a) amended.................................................37740
100.35 (a) and (b) amended.........................................37740
100.35-T05-048 Added (temporary)...................................31607
100.35-T05-049 Added (temporary)...................................32641
100.35-T05-101 Added (temporary)...................................44886
100.35-T05-107 Added (temporary)...................................48555
100.35-T05-124 Added (temporary)...................................54664
100.35-T05-129 Added (temporary)...................................54662
100.35T-07-041 Added (temporary)...................................19151
100.35-T07-098 Added (temporary)...................................46088
100.35T-07-099 Added (temporary)...................................63019
100.35T-07-151 Added (temporary)...................................67946
100.35T-07-152 Added (temporary)...................................68241
100.35T-08-803 Added (temporary)...................................58015
100.40 (a) amended.................................................37740
100.101 Implementation (temporary).................................25817
100.102 (b)(3) and (4) amended.....................................37740
100.114 Implementation (temporary).................................40167
100.508 Implementation (temporary).................................51906
100.511 Implementation (temporary).................................65174
100.515 Implementation (temporary).................................44884
100.518 Implementation (temporary)...................13628, 15050, 25818
100.529 Added; eff. date 7-2-03....................................32642
100.530 Added......................................................58604
100.531 Added......................................................58013
100.T09-208 Added (temporary)......................................42284

[[Page 715]]

100.730 Suspended..................................................19151
100.1101 (b)(3) amended............................................37740
101--102 (Subchapter H) Added; eff. 11-25-03.......................39278
101 Authority citation correctly revised...........................41914
    Regulation at 68 FR 39278 confirmed; heading revised...........60470
101.100 (a) introductory text amended; (c) added...................60470
101.105 Amended....................................................60470
101.120 (b)(1) and (3) amended; (b)(4), (e) and (f) added; (d) 
        revised....................................................60471
101.125 Added......................................................60472
101.205 Table amended..............................................60472
101.300 (a), (c)(1) and (2) amended................................60472
101.405 (a)(2) amended.............................................60472
101.410 (b)(8) amended.............................................60472
101.420 (b) revised................................................60472
    (b) corrected..................................................62502
101.505 (b) amended................................................60472
101.510 Introductory text amended..................................60472
101.515 (c) added..................................................60472
102 Regulation at 68 FR 39278 confirmed; heading revised...........60472
103 Added; eff. to 11-25-03; interim...............................39290
    Authority citation correctly revised...........................41915
    Regulation at 68 FR 39290 confirmed; heading revised...........60482
103.305 (a) introductory text and (5) revised; (b) redesignated as 
        (c); new (b) added.........................................60482
103.410 Table of contents entry revised............................60482
103.500 (b) amended................................................60482
103.505 (s), (t) and (u) redesignated as (t), (u) and (v); new (s) 
        and (w) added; new (u) and (v) amended.....................60482
103.515 (a) amended; (c) revised...................................60483
104 Added; eff. to 11-25-03; interim...............................39302
    Authority citation correctly revised...........................41915
    Regulation at 68 FR 39302 confirmed; heading revised...........60512
    Regulation at 68 FR 60512 eff. date corrected..................62501
104.105 (a)(1) through (10) and (c) revised; (a)(11) added.........60512
    Regulation at 68 FR 60512 eff. date corrected..................62501
104.110 Revised....................................................60513
    Regulation at 68 FR 60512 eff. date corrected..................62501
104.115 Revised....................................................60513
    Regulation at 68 FR 60512 eff. date corrected..................62501
104.120 (a) introductory text and (4) revised; (a)(3) amended......60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.125 Revised....................................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.140 (b) revised................................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.200 (b)(6) revised; (b)(14)(i) amended.........................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.205 (b)(1) amended.............................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.210 (a)(3) amended.............................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.215 (a)(2) and (3) amended.....................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.225 Introductory text amended..................................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.230 (a) revised; (b)(4) amended; (b)(5) added..................60513
    Regulation at 68 FR 60513 eff. date corrected..................62501
104.235 (b)(1) and (8) amended.....................................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.240 (a), (b)(2) and (3) amended; (b)(4) added..................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.255 (b)(2), (c) and (d) revised; (g) amended...................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.265 (b) introductory text, (1), (3), (c)(5), (e)(1), (9) and 
        (f)(1) amended.............................................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501

[[Page 716]]

104.275 (a) introductory text, (4), (5), (b)(1), (c)(1), (5) and 
        (d)(2) revised; (a)(6) removed.............................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.285 (a)(1), (b)(4) and (c)(5) amended..........................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.292 (d) and (e) redesignated as (e) and (f); new (e)(3) and 
        (f) amended; new (d) added.................................60514
    Regulation at 68 FR 60514 eff. date corrected..................62501
104.297 (c) amended................................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.300 (d)(8) amended.............................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.305 (d)(3) introductory text, (iv), (4) introductory text and 
        (5) introductory text amended; (d)(6) redesignated as (e) 
        and amended................................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.310 (c) added..................................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.400 (a)(2) amended; (b) revised................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.410 (a) introductory text, (2) and (b) revised; (a)(1) and 
        (c)(1) amended; (c)(2) redesignated as (c)(3); new (c)(2) 
        added......................................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
104.415 (a)(2) corrected...........................................41915
    (a)(1) and (2) amended; (a)(3) redesignated as (a)(4); new 
(a)(3) added.......................................................60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
105 Added; eff. to 11-25-03; interim...............................39322
    Authority citation correctly revised...........................41916
    Regulation 68 FR 39322 confirmed; heading revised..............60540
105.105 (a)(2), (3), (4), (c)(1) and (3)(ii) revised; (a)(5) and 
        (6) added; (c)(3)(ii) removed; (c)(3)(iii) redesignated as 
        new (c)(3)(ii).............................................60540
105.106 (a) revised; (b) amended...................................60540
105.110 (b) revised; (c), (d) and (e) added........................60540
105.115 (a) revised; (b) amended...................................60541
105.120 Introductory text and (c) amended..........................60541
105.125 Revised....................................................60541
105.130 Corrected..................................................41916
    Regulation at 68 FR 41916 confirmed............................60541
105.200 (b)(7) and (9) revised; (b)(8) amended; (b)(10) and (11) 
        added......................................................60541
105.205 (b)(2)(iv), (c)(3) and (11) amended........................60541
105.215 Introductory text amended..................................60541
105.220 (a) revised................................................60541
105.225 (b)(1) amended.............................................60541
105.245 (d) revised................................................60541
105.255 (b), (3), (c)(2), (e)(1) and (f)(7) amended................60541
105.265 (a)(2), (b)(1) and (c)(1) amended; (a)(8), (9) and (c)(5) 
        revised; (a)(10) removed...................................60541
105.275 (a) introductory text amended..............................60542
105.285 (a) introductory text, (1) and (5) amended; (b) and (c) 
        revised....................................................60542
105.295 (b)(2) amended.............................................60542
105.296 (a)(1) revised.............................................60542
105.305 (c)(2)(viii) amended; (c)(2)(ix) revised; (d)(3), (4), (5) 
        and (e) added..............................................60542
105.310 (a) amended; (c) added.....................................60542
105.400 (b) amended................................................60542
105.410 (d) corrected..............................................41916
    Regulation at 68 FR 41916 confirmed; (a) and (b) revised; 
(c)(1) amended; (c)(2) redesignated as (c)(3); new (c)(2) added....60542
105.415 (a)(3) redesignated as (a)(4); (a)(1), (2), new (4) and 
        (b)(5) amended; new (a)(3) added...........................60542
105 Appendix A amended.............................................60543
106 Added; eff. to 11-25-03; interim...............................39345

[[Page 717]]

    Authority citation correctly revised...........................41917
    Regulation at 68 FR 39345 confirmed; heading revised...........60557
106.110 (a) revised; (b) amended...................................60557
106.115 Introductory text and (c) amended..........................60558
106.120 Revised....................................................60558
106.200 (b)(7) and (8) amended; (b)(9) added.......................60558
106.205 (c)(4) correctly revised; (c)(5) corrected.................41917
    (a)(2) amended.................................................60558
106.215 (a) correctly revised......................................41917
106.220 Introductory text amended..................................60558
106.225 (a) revised................................................60558
106.230 (b)(1) amended.............................................60558
106.235 (b) corrected..............................................41917
106.240 (b) corrected..............................................41917
106.250 (d) corrected..............................................41917
    (d) amended....................................................60558
106.260 (a)(1) and (e)(7) corrected................................41917
    (b) introductory text, (3) and (c)(2) amended..................60558
106.265 (c) amended................................................60558
106.275 (a)(2)(i) corrected........................................41917
    (a)(1) and (b)(4) amended......................................60558
106.280 (e) corrected..............................................41917
106.305 (c)(2)(v) and (d)(1)(iv) corrected.........................41917
    (c)(2)(v) revised; (d)(3), (4), (5) and (e) added..............60558
106.310 (a) amended; (c) added.....................................60558
106.405 (a) introductory text and (1) corrected....................41917
106.410 (a) introductory text, (2), (b) and (c) revised............60558
106.415 (a)(3) redesignated as (a)(4); new (a)(3) added............60559
109 Authority citation revised......................................9535
109.07 Amended......................................................9535
110 Authority citation revised.....................................37740
110.4 Added........................................................44888
110.132 (a)(1), (b)(1) and (2) revised; (a)(3) removed.............44888
110.157 (b)(11) added (temporary)..................................58017
    (b)(12) added (temporary)......................................70996
110.195 (a)(4) revised.............................................13630
110.197 (a)(3) added; (b) revised..................................25497
110.205 (a)(1) and (2) suspended (temporary).......................42284
110.224 (d)(2) table amended.......................................37740
110.235 (c) added..................................................20346
114 Authority citation revised......................................9535
114.05 (e), (g) and (i) amended.....................................9535
117 Temporary drawbridge operations regulations........1366, 2201, 2883, 
         2884, 5832, 6621, 7427, 9535, 9536, 9537, 13226, 13227, 13228, 
         14149, 15051, 16721, 18123, 23034, 23390, 24882, 24883, 25818, 
         26208, 28771, 28772, 32643, 34535, 34799, 34800, 37417, 33742, 
         41716, 41917, 47852, 56173, 60033, 60848, 62528, 65174, 66014, 
                                                     66343, 70152, 70712
    Temporary regulations list..............................34303, 62524
117.101 (a) revised................................................34303
117.147 (a) suspended; (c) added (temporary).......................58019
117.163 Suspended (temporary)......................................51180
117.243 Revised....................................................16955
117.258 Added......................................................43306
117.261 (h) added..................................................15944
    (gg) suspended; (ss) and (tt) added (temporary)................22296
    (tt) added (temporary).........................................35297
    (hh) suspended; (uu) added (temporary).........................41919
    (ff) suspended; (uu) added (temporary).........................45785
    (m) added (temporary)..........................................47851
117.273 (a) revised................................................65177
117.301 Suspended (temporary)......................................54808
117.302 Added (temporary)..........................................54808
117.325 (a) suspended; (d) added (temporary)................47463, 57615
117.393 (c) suspended; (e) added (temporary).......................14537
    (c) suspended (temporary)......................................59318
117.T408 Corrected(temporary).......................................4382
117.T409 Correctly added (temporary)................................2884
117.451 (c) revised.................................................3183
117.455 Revised.....................................................3184
117.458 (a) revised................................................69609
117.501 (b) revised................................................55006
117.591 (e)(3) added...............................................59116
117.597 Revised....................................................59116
117.618 (b) revised................................................59116
117.647 (b) suspended; (e) and (f) added (temporary)...............41921
117.667 (a) and (b) introductory text revised; (b)(3) added........74479
117.720 (b) suspended; (c) added (temporary).......................61365
117.727 Revised; eff. 7-11-03......................................34803
117.741 Revised....................................................27461
117.755 (a) revised................................................43304

[[Page 718]]

117.789 (c) suspended; (g) added (temporary).......................23591
117.795 (b) suspended; new (d) added (temporary)....................9892
117.799 (g) suspended; (j) added (temporary).......................43307
117.801 (g) suspended and new (h) added (temporary)................23591
117.855 Suspended (temporary)......................................42284
117.856 Added (temporary)..........................................42284
117.869 (a)(1) and (2) correctly removed; CFR correction...........60848
117.997 (b)(1), (2) introductory text, (i), (d)(1), (2) 
        introductory text, (i), (f) and (i) revised................59537
117.1051 (e)(2)(i) revised; (e)(3) removed.........................53051
117.1093 (f) revised...............................................57358
117.T164 Added (temporary).........................................51180
117.T395 Added (temporary)..................................53515, 63988
117.T408 Corrected..................................................4382
117.T409 Added (temporary).........................................60850
120 Authority citation revised......................................9535
120.220 (a) amended.................................................9535

                                  2004

33 CFR
                                                                   69 FR
                                                                    Page
Title 33 Nomenclature change.......................................18803
Chapter I
4 Authority citation revised.......................................34924
4.02 Revised.......................................................34924
19 Authority citation revised......................................34925
19.06 (a), (b) introductory text, (2) and (d) amended..............34925
62.39 Removed......................................................24982
62.55--62.61 (Subpart C) Removed...................................24982
62.65 (c)(2) revised...............................................24982
66 Authority citation revised......................................24982
66.01-5 Introductory text corrected................................12541
    (g) amended....................................................24982
66.05-10 (c) and (e) amended.......................................24982
66.05-25 Revised...................................................24982
66.05-30 (a) revised...............................................24982
66.05-100 (e) amended..............................................24982
66.10-15 (b), (c), (e)(1), (2) and (3) amended.....................24982
67 Authority citation revised......................................24983
67.01-1 (a) amended................................................24983
67.01-5 (a), (e), and (f) amended..................................24983
67.01-10 Revised...................................................24983
67.01-15 Revised...................................................24983
67.01-20 Revised...................................................24983
67.05-l (f) amended................................................24983
67.10 Heading amended..............................................24983
67.10-1 Introductory text and (c) amended..........................24983
67.10-5 Introductory text and (a) amended..........................24983
67.10-10 (a) introductory text, (a)(3) and (b) amended.............24983
67.10-15 Heading, (a) introductory text, (1), (2) and (b) amended 
                                                                   24983
67.10-20 Heading, (a) introductory text, and (3) amended...........24983
67.10-25 Introductory text, (a)(1), (2), (3) and (b) amended.......24983
67.10-30 Amended...................................................24983
67.10-35 (a) and (b) amended.......................................24983
67.10-40 Amended...................................................24983
67.15-1 Revised....................................................24983
67.15-10 Revised...................................................24983
67.20-5 Amended....................................................24984
67.20-10 Heading, (a)(1), (2) and (b) amended......................24983
    (b) amended....................................................24984
67.25-10 Heading, (a)(1), (i), (2) and (b) introductory text, (2) 
        and (c)(1) amended.........................................24983
    (a) and (c) introductory text amended..........................24984
67.30-5 (a) amended................................................24984
67.30-10 Heading, (a) introductory text, (b), (c), (d) 
        introductory text and (2) amended..........................24983
67.35-1 (b) amended................................................24983
67.35-5 (b) amended................................................24983
67.40-1 (a) amended.........................................24983, 24984
67.40-5 (a) and (b) amended.................................24983, 24984
67.40-20 Amended...................................................24983
67.50-5 (b) amended................................................24984
67.50-15 (b) amended...............................................24984
67.50-20 (b) amended...............................................24984
67.50-25 (f) amended...............................................24983
67.50-30 (b) amended...............................................24984
67.50-35 (b) amended...............................................24984
    Corrected......................................................30826
67.50-45 (b) amended...............................................24984
67.50-50 (b) amended...............................................24984
72 Authority citation revised......................................24984
72.01-5 Note added.................................................24984
72.01-10 Note added................................................24984
72.05-10 Note added................................................24984
84 Authority citation revised......................................34925
84.13 (a) amended..................................................34925
100 Temporary regulations list..........4237, 24513, 32273, 44597, 62574
    Technical correction...........................................29230

[[Page 719]]

100.35-T05-129 Added (temporary)...................................42972
100.35-T05-133 Added (temporary)...................................46998
100.35-T05-138 Added (temporary)...................................61442
100.35-T05-139 Added (temporary)...................................46996
100.35-T05-143 Added (temporary)...................................52999
100.35-T05-158 Added (temporary)...................................55951
100.35-T05-160 Added (temporary)...................................57649
100.35-T05-182 Added (temporary)...................................59799
100.35-T05-184 Added (temporary)...................................59797
100.35-T05-190 Added (temporary)...................................59795
100.35-T07-103 Added (temporary)...................................52173
100.501 Table 1 revised............................................43744
    Implementation (temporary).....................................55951
100.507 Implementation (temporary).................................31293
100.508 Implementation (temporary).................................54572
100.509 Implementation (temporary).................................49811
100.511 Implementation (temporary).................................70551
100.515 Implementation (temporary)..........................31294, 52999
100.518 Implementation (temporary)..........................12073, 28823
100.522 Implementation (temporary).................................57174
100.523 Implementation (temporary).................................70552
100.526 Implementation (temporary).................................70552
100.532 Added......................................................28825
100.533 Added......................................................43743
100.729 Added......................................................61444
100.1301 Implementation (temporary)................................41196
100.1303 Suspended (temporary).....................................43518
100.T13-001 Added (temporary)......................................43518
100.T13-002 Added (temporary)......................................58055
101 Policy statement................................................9206
    Interpretation.................................................17927
    Forms availability.............................................33574
101.105 Amended....................................................34925
101.305 (a) amended................................................34925
104 Policy statement................................................9206
    Interpretation.................................................17927
    Forms availability.............................................33574
104.105 (a)(1) amended.............................................34925
104.115 (c)(1) and (2) amended.....................................34925
104.120 (a)(4) amended.............................................34925
104.400 (b) amended................................................34925
104.105 (a)(9) suspended; (a)(12) added (temporary)................51180
104.115 (d) added (temporary)......................................51181
104.410 (g) added (temporary)......................................51181
105.115 (c) added (temporary)......................................51181
105.410 (g) added (temporary)......................................51181
106 Policy statement................................................7681
107 Added..........................................................41372
110.60 (o-4) and (o-5) added.......................................69529
110.73c Amended.....................................................5275
110.77b Revised; eff. 7-12-04......................................32445
110.145 (a)(6), (7), (d)(7) and (8) added (temporary)..............42338
110.157 (b)(11) added (temporary)..................................55954
117 Temporary drawbridge operations regulations........2508, 3835, 3836, 
          5017, 5275, 6558, 7686, 8815, 8817, 9549, 9551, 10159, 10615, 
         12074, 12542, 13473, 16793, 17597, 18473, 19325, 20544, 21061, 
         21064, 22733, 25316, 26317, 29864, 30577, 30826, 31005, 34570, 
         35244, 36011, 41196, 41944, 42876, 43903, 43904, 46998, 48394, 
         48395, 53337, 54572, 57174, 59135, 59136, 64494, 64860, 67055, 
                                       68079, 70373, 74441, 75472, 78306
    Temporary regulations list......................................4237
    Regulation at 69 FR 44672 corrected............................63574
117.101 (c) removed; (d) redesignated as (c)........................5465
117.169a Revised...................................................21958
117.205 (c) suspended; (d) added (temporary).......................71706
117.209 (b) revised; interim; eff. 7-12-04.........................32448
117.211 (a)(3), (b) introductory text and (1) revised; eff. 7-2-04
                                                                   31008
117.253 (b) revised................................................47773
117.261 (nn) suspended; (vv) added (temporary)......................1527
    (ee) revised...................................................10161
    (hh) redesignated as (ii); (gg) revised; new (hh) added........24082
    (q), (y), (z-1) and (z-3) added; (r) through (x), (aa) and 
(aa-1) revised; (z) removed; eff. 7-19-04..........................33855

[[Page 720]]

117.269 Existing text designated as (a); new (a) suspended; (b) 
        added (temporary)...........................................1527
117.287 (a-1) revised...............................................9551
117.299 Redesignated from 117.300..................................42874
117.300 Redesignated as 117.299; new 117.300 added.................42874
117.301 Suspended (temporary)......................................53807
117.305 Existing text designated as (a); new (a) suspended; (b) 
        and (c) added (temporary)...................................1527
    Revised.........................................................7688
117.307 Revised.....................................................9549
117.317 (k) added...................................................4240
117.324 Added.......................................................1919
117.325 (a) suspended; (d) added (temporary).......................16795
117.424 Suspended (temporary)......................................19105
117.465 (c) revised................................................55749
117.503 Revised....................................................60556
117.505 (b) removed; (c), (d) and (e) redesignated as (b), (c) and 
        (d)........................................................49813
117.571 (c) revised................................................63066
117.586 Revised....................................................67058
117.593 Suspended (temporary)......................................31736
117.595 (c) revised................................................67058
117.609 (a) suspended; (c) added (temporary).......................43903
117.618 (c) revised................................................67058
117.621 (c) revised................................................67058
117.667 (a) suspended; (d) and (e) added (temporary)...............71707
117.671 (c) added (temporary)......................................75847
117.682 Removed.....................................................5277
117.684 Added......................................................69531
117.729 (a) revised................................................21063
117.743 Revised.....................................................8814
117.789 (c) suspended; (g) added (temporary).......................17597
    (d) stayed; (h) added; eff. through 1-31-05....................30828
    (c) revised; eff. 7-22-04......................................34572
117.793 (d) added (temporary)......................................35246
117.799 (g) removed; (k) added; eff. through 12-1-04...............17059
    (h) revised; eff. 7-4-04.......................................34570
117.801 (g) suspended; (h) added (temporary).......................17597
    (g) revised; eff. 7-22-04......................................34573
117.821 (a)(5) suspended; (a)(7) added (temporary).................65371
117.829 (b) redesignated as (c); new (c) revised; new (b) added....70061
117.869 (a) suspended; (d) added (temporary)........................7684
117.897 (a)(1) and (2) suspended; (a)(5) added (temporary)..........7686
117.907 Removed.....................................................8817
117.937 Suspended (temporary)......................................26043
117.997 (e) through (i) redesignated as (f) through (j); new (e) 
        added......................................................70059
117.1005 Added.....................................................27836
117.T302 Added (temporary).........................................53807
117.T394 Added (temporary).........................................74976
117.T408 Added (temporary)...........................................268
117.T426 Added (temporary).........................................19105
117.T594 Added (temporary).........................................31736
117.T684 Added (temporary).........................................17057
117.T824 Added (temporary).........................................65373
117.T940 Added (temporary).........................................26043
117.T1102 Added (temporary)........................................10159
118 Authority citation revised.....................................34925
118.3 (b) amended..................................................34925

                                  2005

33 CFR
                                                                   70 FR
                                                                    Page
Chapter I
1--199 (Ch. I) Nomenclature changes................................75734
27.1 Removed..........................................................17
27.3 Revised..........................................................17
88 Authority citation revised......................................36349
88.05 Revised......................................................36349
100 Temporary regulations list........................5045, 15763, 45531
100.35-T05-005 Added (temporary)...................................52307
100.35-T05-022 Added (temporary)...................................20051
100.35-T05-023 Added (temporary)...................................21337
100.35-T05-047 Added (temporary)...................................29199
100.35-T05-051 Added (temporary)...................................33832
100.35-T05-052 Added (temporary)...................................33830
100.35-T05-066 Added (temporary)...................................39658
100.35-T05-067 Added (temporary)...................................37038
100.35-T05-072 Added (temporary)...................................48476
100.35-T05-073 Added (temporary)...................................40884

[[Page 721]]

    (a) revised; (c)(3) amended; (c)(4) removed; (c)(5) 
redesignated as new (c)(4) (temporary).............................46407
100.35-T05-074 Added (temporary)...................................39656
100.35-T05-075 Added (temporary)...................................56371
100.35-T05-076 Added (temporary)...................................56369
100.35-T05-078 Added (temporary)...................................43052
100.35-T05-090 Added (temporary)...................................48479
100.35-T05-091 Added (temporary)...................................48481
100.35-T05-097 Added (temporary)...................................56373
100.35-T05-098 Added (temporary)...................................61034
100.35-T05-105 Added (temporary)...................................57150
100.35-T05-107 Added (temporary)...................................57148
100.35-T11-017 Added (temporary)...................................35529
100.35-T11-021 Added (temporary)...................................25780
100.35-T11-024 Added (temporary)...................................35532
100.35-T11-028 Added (temporary)...................................38012
100.35-T11-037 Added (temporary)...................................52305
100.35T-07-116 Added (temporary)...................................68335
100.114 (a) table amended..........................................43764
100.501 Implementation (temporary).................................33718
100.507 Implementation (temporary).................................25780
100.511 Implementation (temporary)..........................21335, 69279
100.513 Implementation (temporary).................................54478
100.518 Heading, (a)(1) and (c) revised............................10888
    Implementation (temporary).....................................25780
100.519 Implementation (temporary).................................33718
100.534 Added......................................................61036
100.734 (a), (b) and (c) suspended; (d) and (e) added (temporary) 
                                                                    3880
100.736 Added......................................................29197
100.740 Added; eff. 7-15-05........................................34659
100.1301 Implementation (temporary)................................44470
100.1306 (c) revised...............................................23938
100.1307 Added.....................................................58056
100.T07-010 Added (temporary)......................................10891
101.305 (a) amended................................................36349
104.105 (a)(12) removed; (a)(9) reinstated and revised; interim....74669
104.115 (d) removed; interim.......................................74669
104.410 (g) removed; interim.......................................74669
105.115 (c) removed; interim.......................................74669
105.410 (g) removed; interim.......................................74669
110.140 (b)(3) revised..............................................2355
110.157 (b)(11) added..............................................40886
110.158 (a) and (b) revised; (c) and (d) added.....................17900
    (a)(1)(i) table corrected......................................20638
110.168 Revised....................................................29955
110.183 (a) and (b) suspended; (c), (d) and (e) added (temporary) 
                                                                    3621
110.216 (a)(3) and (b)(6) added....................................28426
110.230 (a)(15), (16) and (17) added; (b)(1) through (9) 
        redesignated as (b)(7) through (b)(15); new (b)(1) through 
        (6) added; eff. 7-5-05.....................................32233
110.231 Regulation at 64 FR 29558 confirmed........................20473
117 Temporary drawbridge operations regulations........1187, 2355, 2570, 
           4013, 4014, 4019, 5048, 7024, 7653, 8514, 8730, 9532, 15763, 
         15767, 16113, 18301, 18989, 20469, 22252, 24482, 25783, 29622, 
         30900, 32235, 33351, 33719, 35030, 37677, 38593, 40887, 43766, 
         44852, 45534, 45535, 45536, 50972, 52307, 53070, 54637, 56373, 
         58056, 58057, 58059, 61738, 62064, 66258, 66260, 69439, 70491, 
                                                            73380, 75939
    Temporary regulations list.....................................28426
    Authority citation revised.....................................36349
117.103 Added; eff. 8-1-05.........................................37677
117.169 (c) removed................................................20467
117.207 (a) suspended; (c) added (temporary).......................33834
117.209 (b) revised................................................75939
117.237 (b), (c) and (d) redesignated as (c), (d) and (e); new (b) 
        added; new (d) revised......................................4016
117.261 (nn) suspended; (tt) added (temporary)......................4018
    (c), (ii), (nn) and (oo) removed...............................18991
    (rr) added (temporary).........................................32238
    (s) suspended; (tt) added (temporary)..........................33351

[[Page 722]]

117.269 Existing text designated as (a) and suspended; (b) added 
                                                                    4018
117.287 (c) removed................................................18991
    (g) suspended; (k) added (temporary)...........................25782
117.291 (b) revised................................................43766
117.301 Suspended (temporary)......................................48274
117.305 (c) and (d) suspended; (e) and (f) added (temporary)........4019
117.325 (b) removed; (c) redesignated as (b).......................18991
117.353 (c) added..................................................50974
117.389 Amended....................................................36349
117.431 Removed.....................................................1345
117.451 (d) revised.................................................8516
    (c) revised....................................................20471
117.455 Revised....................................................20469
117.465 (a) revised................................................76691
117.525 (a) suspended; (c) added (temporary).......................33836
117.561 (b) and (c) revised........................................38595
117.593 Suspended (temporary)......................................25785
117.597 Suspended (temporary)......................................58061
117.607 Revised; eff. 7-5-05.......................................32235
117.618 (b) suspended; (d) added (temporary).......................62256
117.619 (b) revised................................................15767
117.631 (a) and (b) amended........................................36349
117.667 (b) suspended; (f) added (temporary)........................7406
117.671 (c) and (d) added (temporary)..............................67370
117.685 Suspended (temporary)......................................34353
117.709 (a) revised................................................20465
117.723 (c) revised................................................58059
117.729 (b) suspended; (c) added (temporary)........................6347
117.739 (h) suspended; (u) added (temporary).......................58310
117.843 (a)(3) and (4) suspended; (a)(5) added (temporary).........55728
117.755 (a) revised................................................13102
117.799 (g)(3) added...............................................15765
117.897 Revised....................................................73939
117.937 Removed....................................................18991
117.949 Suspended (temporary)......................................66259
117.997 (g)(2)(i) amended..........................................36349
    (g)(2), (3) and (4) revised; interim...........................48639
117.1005 Revised...................................................20053
117.1007 (a) revised...............................................22254
    (c)(1) and (2) revised; (c)(3) and (4) removed.................68337
117.1041 (a)(1) suspended; (a)(3) added (temporary)................35032
117.1087 (a) and (b) revised.......................................59657
117.1093 (c)(3)(i), (d)(1), (3), (e)(2) and (4) amended............36349
117.1101 Revised...................................................61381
117.T302 Added (temporary).........................................48274
117.T394 Added (temporary).........................................49878
117.T398 Added (temporary).........................................67370
117.T408 Added (temporary).........................................67370
117.T536 Added (temporary)..................................12807, 52919
117.T592 Added (temporary).........................................25785
117.T602 Added (temporary).........................................58061
117.T684 Added (temporary).........................................34353
117.T948 Added (temporary).........................................66259

                                  2006

33 CFR
                                                                   71 FR
                                                                    Page
Chapter I
1.08-5 (d) amended.................................................39208
64.11 Note removed.................................................39208
72.01-25 (b) amended...............................................39208
72.05-5 Amended....................................................39208
81.3 Amended.......................................................39208
81.5 OMB Number....................................................39208
81.18 OMB Number...................................................39208
89.3 Amended.......................................................39208
100 Temporary regulations list...............................8211, 19431
100.35-T05-007 Added (temporary)...................................18215
100.35-T05-020 Added (temporary)...................................30615
100.35-T05-023 Added (temporary)...................................30610
100.35-T05-024 Added (temporary)...................................30612
100.35-T05-025 Added (temporary)...................................36993
100.35-T05-031 Added (temporary)...................................19648
100.35-T05-033 Added (temporary)...................................38521
100.35-T05-035 Added (temporary)...................................26227
100.35-T05-036 Added (temporary)...................................39563
100.35-T05-037 Added (temporary)...................................38523
    (d) revised (temporary)........................................47094
100.35-T05-043 Added (temporary)...................................40915
100.35-T05-057 Added (temporary)...................................47096
100.35-T05-064 Added (temporary)...................................48476

[[Page 723]]

100.35-T05-065 Added (temporary)...................................51758
100.35-T05-068 Added (temporary)...................................55111
100.35-T05-075 Added (temporary)...................................58281
100.35-T05-078 Added (temporary)...................................60066
100.35-T05-130 Added (temporary)...................................12134
    (a)(2) correctly revised.......................................20011
100.35-T06-015 Added (temporary)...................................32837
100.35-T07-06-191 Added (temporary)................................62559
100.35-T07-174 Added (temporary)...................................58283
100.35-T11-075 Added (temporary)...................................17705
100.35T-07-020 Added (temporary)...................................15035
100.114 Implementation (temporary).................................46858
100.507 Implementation (temporary).................................16488
100.512 Revised....................................................51754
100.513 Implementation (temporary).................................43366
100.518 (a)(1) and (c)(1) introductory text revised; suspended 
        (temporary)................................................18215
100.519 (a)(2) amended.............................................39208
    Implementation (temporary).....................................39563
100.525 Implementation (temporary).................................16488
100.527 Implementation (temporary).................................12135
100.530 Implementation (temporary).................................26229
100.531 (a) amended................................................39208
100.533 (d) revised................................................26229
100.535 Added......................................................44214
    Implementation (temporary).....................................51117
100.536 Added......................................................54907
100.710 Suspended (temporary)......................................40014
100.719 Suspended (temporary)......................................38519
100.720 Suspended (temporary)......................................38519
100.734 Revised....................................................76153
100.901 Implementation (temporary).................................37824
100.1105 Implementation (temporary)................................58279
100.1302 Revised...................................................42274
100.T07-107 Added (temporary)......................................38519
100.T07-108 Added (temporary)......................................40014
100.T13-023 Added (temporary)......................................44212
100.T13-032 Added (temporary)......................................56356
101.305 (a) amended................................................39208
104.115 Heading revised; (b) removed; (c) redesignated as new (b); 
        (a) and new (b) introductory text amended..................39208
104.205 (b)(1) amended.............................................39209
110.5 (d) revised..................................................66669
110.60 (p)(p-3) added..............................................30617
110.100 (c) through (f) added......................................15036
110.195 (c)(7) redesignated as (c)(8); new (c)(7) added............63247
110.214 (b)(6) revised..............................................3002
    (b)(2) and (5) revised.........................................15037
117 Temporary drawbridge operations regulations........2151, 3763, 6207, 
           6975, 6976, 12135, 13267, 16043, 16235, 16491, 16492, 18623, 
         19119, 20573, 23864, 26831, 26832, 38524, 38988, 38989, 38990, 
         41730, 43367, 43653, 44914, 45386, 45387, 47737, 48477, 50349, 
         52743, 58285, 58744, 61409, 61410, 61899, 64113, 64888, 66673, 
                                       67301, 70467, 70468, 77612, 77613
    Comment disposition.............................................2151
    Temporary regulations list......................................8211
    Authority citation revised.....................................70307
117.1 Revised......................................................70307
117.3 Removed......................................................70307
117.4 Revised......................................................70307
117.5 Revised......................................................70308
117.7 Revised......................................................70308
117.8 Added........................................................70308
117.15 (d)(1) Note removed.........................................70308
117.31 Heading and (a) revised.....................................70308
117.35 Revised.....................................................70308
117.36 Added.......................................................70308
117.37 Removed.....................................................70308
117.39 Revised.....................................................70308
117.40 Added.......................................................70309
117.41 Revised.....................................................70309
117.42 Added.......................................................70309
117.43 Removed.....................................................70309
117.45 Removed.....................................................70309
117.51 Revised.....................................................70309
117.53 Removed.....................................................70309
117.55 (a) revised.................................................70309
117.57 Removed.....................................................70309
117.123 Revised....................................................70879
117.139 (a) removed; (b) and (c) redesignated as (a) and (b).......70880
117.145 Revised....................................................70309
117.155 Revised....................................................70309
117.165 Revised....................................................70309
117.181 Amended....................................................70309
117.187 (b) amended................................................70309
117.193 Revised....................................................70309

[[Page 724]]

117.195 Amended....................................................70309
117.205 (c) suspended; (d) added (temporary).......................17350
117.207 (a) suspended; (c) added (temporary)........................1496
117.219 (a) revised................................................70309
117.221 (a) revised................................................70309
117.224 (a) and (b) suspended; (c) added (temporary)...............66675
    (a) revised....................................................70309
117.225 Revised....................................................70310
117.233 Revised....................................................53325
117.234 Added......................................................53325
117.243 Revised....................................................53325
117.255 (c) added (temporary)......................................38526
    (a)(3)(i) and (5)(i) amended...................................51481
    (d) added......................................................70310
117.261 (cc) through (hh), (jj) and (kk) removed; (bb) revised; 
        eff. 7-31-06...............................................36995
    (cc) suspended; (uu) added (temporary).........................42758
    (bb)(11) suspended; (bb)(13) added (temporary).................58285
    (a) revised....................................................70310
117.269 Revised....................................................70310
117.271 (a) designation and (b) removed............................70310
117.272 Revised....................................................14806
117.273 Revised....................................................70310
117.277 Removed....................................................70310
117.287 (d)(4) suspended; (d)(3) added (temporary).................36012
    (h) suspended; (l) added; eff. through 10-29-06................35392
    (d)(3) suspended; (d)(5) added; interim........................44587
    (a) revised....................................................70310
117.289 Revised....................................................70310
117.291 (a) revised................................................70310
117.301 Suspended (temporary)......................................30059
117.311 Revised....................................................70310
117.313 Revised....................................................65413
    (a) revised....................................................70310
117.315 (a) revised................................................65414
    Revised........................................................65414
117.317 (a) revised................................................70310
117.325 (a) revised................................................70310
117.353 (c) revised................................................16491
    (a) revised....................................................70311
117.407 Revised....................................................66874
117.411 Revised....................................................66874
117.451 (b) suspended; (f) added (temporary).......................61899
117.465 (a) introductory text revised; (b) through (f) 
        redesignated as (c) through (g); new (b) added.............76603
117.486 Redesignated as 117.487; new 117.486 redesignated from 
        117.488....................................................70311
117.487 Redesignated as 117.488; new 117.487 redesignated from 
        117.486....................................................70311
117.488 Redesignated as 117.486; new 117.488 redesignated from 
        117.487....................................................70311
117.531 (a)(1) revised.............................................70311
117.535 Removed....................................................70311
117.537 Added......................................................47098
117.571 (d) revised................................................70311
117.573 (c) revised................................................70311
117.588 (a) and (c) revised........................................70311
117.591 (e) suspended; (g) added (temporary).......................43655
117.593 Suspended (temporary)......................................29080
117.605 (c) revised................................................70311
117.618 (b) suspended; (d) added (temporary).......................62060
117.620 (a) and (c) revised........................................70311
117.667 (a) suspended; (d) and (e) added (temporary)...............66876
117.675 (a) removed; (b) and (c) redesignated as new (a) and (b) 
                                                                   26416
117.683 Revised....................................................70311
117.687 Revised....................................................66874
117.703 (a) revised................................................70311
117.709 (a) revised................................................17351
117.713 (a) revised................................................70311
117.720 (c) added..................................................59383
117.721 Revised....................................................59383
117.731 Redesignated as 117.730; new 117.731 redesignated from 
        117.731a; (c) revised......................................70311
117.731a Redesignated as 117.731...................................70311
117.733 (b) suspended; (l) added (temporary).......................10435
    Eff. date corrected............................................14804
    (k) redesignated as (m); new (k) added.........................59383
    (b)(2) revised.................................................67303
    (a) removed; (b) through (j) redesignated as (a) through (i) 
                                                                   70311
117.736 Revised....................................................70311
117.738 (a)(2) revised.............................................70311
117.739 (o) and (p)(2) removed; (p)(3) redesignated as (p)(2); (p) 
        redesignated as (o)........................................70311

[[Page 725]]

117.745 (a)(1) and (b) introductory text revised...................70311
117.757 Redesignated as 117.758; new 117.757 added.................59383
117.758 Redesignated from 117.757..................................59383
117.775 Removed....................................................70312
117.783 Removed....................................................70312
117.789 (a) revised................................................70312
117.791 (a)(3) removed; (a)(4) and (5) redesignated as (a)(3) and 
        (4); (f)(4) revised........................................70312
117.795 (b) suspended; (d) added (temporary).......................12623
    (b) suspended; (d) added (temporary)...........................49350
    (c) revised....................................................61897
    (c) removed....................................................70312
117.797 (a) revised................................................70312
117.799 (a) revised................................................70312
117.820 Added......................................................40420
117.821 (a)(5) revised..............................................5010
    (a)(1) removed; (a)(2) through (6) redesignated as new (a)(1) 
through (5)........................................................70312
117.822 (a) and (b) suspended; (c) added (temporary)...............36196
117.823 Redesignated as 117.824; new 117.823 added..................5010
117.824 Redesignated from 117.823...................................5010
    (a)(3) revised.................................................70312
117.829 (a)(4) added................................................5010
117.843 (a)(3) revised.............................................70312
117.867 Removed....................................................70312
117.881 (a) designation and (b) removed............................70312
117.885 Removed....................................................70312
117.891 Removed....................................................70312
117.892 Revised....................................................70312
117.903 (a)(3) and (13) revised....................................77615
117.911 (a) revised................................................70312
117.949 Amended....................................................70312
117.968 Revised....................................................70312
117.977 Revised....................................................70312
117.993 (a) revised................................................70312
117.997 (g)(3) revised; eff. 7-31-06...............................36999
117.1005 Revised...................................................66673
117.1023 (b) revised...............................................70312
117.1039 Removed...................................................70312
117.1041 (a)(1) suspended; (a)(3) added (temporary)................40918
117.1051 (d)(2) stayed; (d)(4) added (temporary)...................26834
117.1065 (c) suspended; (d) added (temporary)......................25066
117.T302 Added (temporary).........................................30059
117.T399 Added (temporary)..........................................5171
117.T594 Added (temporary).........................................29080
117.T1012 Added (temporary)........................................39565
117 Appendix A removed.............................................70312
120.220 (a) amended................................................39209

                                  2007

   (Regulations published from January 1, 2007, through July 1, 2007)

33 CFR
                                                                   72 FR
                                                                    Page
Chapter I
1.01-1--1.01-90 (Subpart 1.01) Authority citation revised...........7930
1.01-20 Existing text designated as (a) and amended; (b) added......7930
100 Temporary regulations list......................................5333
    Authority citation revised.......................12740, 12743, 33679
100.35-T05-009 Added (temporary)...................................18124
100.35-T05-012 Added (temporary)...................................30261
100.35-T05-016 Added (temporary)...................................30263
100.35-T05-017 Added (temporary)...................................32519
100.35-T05-020 Added (temporary)...................................28609
100.35-T05-027 Added (temporary)...................................30479
100.35-T05-028 Added (temporary)...................................15834
100.35-T05-029 Added (temporary)...................................30481
100.35-T05-031 Added (temporary)...................................33679
100.507 Implementation (temporary).................................25202
100.518 (c)(1) introductory text, (i), (ii), (iii) and (2) 
        revised; (c)(3) added......................................12741
100.525 (c) suspended; (d) added (temporary).......................18122
100.527 (d) suspended; new (d) added (temporary)...................12743
100.533 Implementation (temporary).................................25202
100.900 Implementation (temporary).................................17024

[[Page 726]]

100.1103 Implementation (temporary).........................20049, 20050
100.1304 Implementation (temporary)................................25685
100.1306 Implementation (temporary)................................25966
100.T13-009 Added (temporary)......................................20049
    Removed........................................................27737
100.T13-010 Added (temporary)......................................27737
101.105 Amended.....................................................3577
101.514 Added.......................................................3578
101.515 Revised.....................................................3578
103.305 (c) revised.................................................3579
103.505 (f) revised.................................................3579
104.105 (d) redesignated as (f); new (d) and (e) added..............3579
104.106 Added.......................................................3579
104.107 Added.......................................................3579
104.115 (c) and (d) added...........................................3579
104.120 (c) added...................................................3579
104.200 (b) revised.................................................3579
104.210 (a)(5), (b)(2)(xv) and (c)(15) added........................3580
104.215 (a)(6), (b)(7) and (c)(12) added............................3580
104.220 Introductory text revised; (n) added........................3580
104.225 (f) added...................................................3580
104.265 Revised.....................................................3580
104.267 Added.......................................................3581
    OMB number.....................................................12744
104.400 (b) revised.................................................5931
104.405 (a)(10) and (b) revised.....................................3582
105.115 (c), (d) and (e) added......................................3582
105.200 (b) revised.................................................3582
105.205 (a)(4), (b)(2)(xv) and (c)(19) added........................3583
105.210 Introductory text revised; (n) added........................3583
105.215 (f) added...................................................3583
105.255 Revised.....................................................3583
105.257 Added.......................................................3584
    OMB number.....................................................12744
105.285 (a)(4) revised..............................................3584
105.290 Revised.....................................................3585
105.296 (a)(4) added................................................3585
105.405 (a)(10) and (b) revised.....................................3585
106.110 (d) and (e) added...........................................3585
106.200 (b) revised.................................................3585
106.205 (a)(4), (c)(13) and (d)(13) added...........................3585
106.210 (a)(4) and (c)(15) added....................................3585
106.215 Introductory text revised; (k) and (l) redesignated as (l) 
        and (m); new (k) added......................................3586
106.220 (f) added...................................................3586
106.260 Revised.....................................................3586
106.262 Added.......................................................3587
    OMB number.....................................................12744
106.405 (b) revised.................................................3587
110.4 (b) added......................................................466
110.60 (o-2) revised; eff. 7-23-07.................................34379
110.155 (c)(5)(vi), (d)(10)(ii), (11)(iii), (12)(iii) and 
        (e)(1)(iii) added...........................................6692
110.196 (a) revised..................................................464
117 Temporary drawbridge operations regulations........1176, 1177, 1288, 
           3058, 3059, 7581, 7582, 8111, 8278, 8279, 9844, 9855, 10358, 
         10605, 12981, 13693, 14418, 18884, 18887, 20050, 24534, 25203, 
         28609, 29885, 30263, 30483, 31725, 32004, 32005, 33156, 33881, 
                                                                   35160
    Temporary regulations list......................................5333
    Regulation at 72 FR 12981 cancelled............................31725
117.145 Removed....................................................30483
117.239 Revised.....................................................5619
117.241 Revised.....................................................5619
117.261 (w) revised..................................................468
    (nn) suspended; (oo) added (temporary)..........................3368
    (nn), (oo) and (pp) revised....................................18886
    Section designation corrected..................................20726
117.269 Existing text designated as (a) and suspended; (b) added 
        (temporary).................................................3368
    Revised........................................................18886
117.287 (b-1) revised; (c) added....................................3370
    (d)(1) and (2) revised..........................................2618
117.305 (c) and (d) suspended; (e) and (f) added....................3368
117.313 (a) correctly revised.......................................7351
117.315 (a) correctly revised.......................................7351
117.323 Revised....................................................11777
117.393 (b) revised................................................19668
117.631 (a) suspended; (d) added (temporary).......................14420
117.671 (c) added (temporary).......................................4963
117.899 (a), (b) and (c) revised....................................9436
117.T293 Added (temporary)..........................................6694
120.305 (a) revised.................................................5931


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