[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    33


          Parts 1 to 124

          Revised as of July 1, 2008


          Navigation and Navigable Waters
          



________________________

          Containing a codification of documents of generalapplicability 
          and future effect

          As of July 1, 2008
          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........     707
      Table of CFR Titles and Chapters........................     709
      Alphabetical List of Agencies Appearing in the CFR......     729
      List of CFR Sections Affected...........................     739

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and sectionnumber. 
                       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 thegeneral and 
permanent rules published in the Federal Register by theExecutive 
departments and agencies of the Federal Government. The Codeis divided 
into 50 titles which represent broad areas subject toFederal regulation. 
Each title is divided into chapters which usuallybear the name of the 
issuing agency. Each chapter is furthersubdivided into parts covering 
specific regulatory areas.
    Each volume of the Code is revised at least once each calendaryear 
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 eachvolume.

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code ofFederal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since 
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Register page number of the latestamendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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followingthe text.

OMB CONTROL NUMBERS

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

[[Page vi]]

Manyagencies have begun publishing numerous OMB control numbers 
asamendments to existing regulations in the CFR. These OMB numbers 
areplaced as close as possible to the applicable recordkeeping 
orreporting requirements.

OBSOLETE PROVISIONS

    Provisions that become obsoletebefore the revision date stated on 
the cover of each volume are notcarried. Code users may find the text of 
provisions in effect on agiven date in the past by using the appropriate 
numerical list ofsections affected. For the period before January 1, 
1986, consulteither the List of CFR Sections Affected, 1949-1963,1964-
1972, or 1973-1985, published in seven separatevolumes. For the period 
beginning January 1, 1986, a ``List ofCFR Sections Affected'' is 
published at the end of each CFRvolume.

INCORPORATION BY REFERENCE

    What is incorporation byreference? Incorporation by reference was 
established by statuteand allows Federal agencies to meet the 
requirement to publishregulations in the Federal Register by referring 
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Thismaterial, like any other properly issued regulation, has the force 
oflaw.
    What is a proper incorporation by reference? The Director ofthe 
Federal Register will approve an incorporation by reference onlywhen the 
requirements of 1 CFR part 51 are met. Some of the elementson which 
approval is based are:
    (a) The incorporation will substantially reduce the volume 
ofmaterial published in the Federal Register.
    (b) The matter incorporated is in fact available to the 
extentnecessary to afford fairness and uniformity in the 
administrativeprocess.
    (c) The incorporating document is drafted and submitted 
forpublication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume 
arelisted in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot befound? If 
you have any problem locating or obtaining a copy ofmaterial listed in 
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the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2008.







[[Page ix]]



                               THIS TITLE

    Title 33--Navigation and Navigable Waters is composedof three 
volumes. The contents of these volumes represent all currentregulations 
codified under this title of the CFR as of July 1, 2008.The first and 
second volumes, parts 1-124 and 125-199,contain current regulations of 
the Coast Guard, Department of HomelandSecurity. The third volume, part 
200 to End, contains currentregulations of the Corps of Engineers, 
Department of the Army, and theSaint Lawrence Seaway Development 
Corporation, Department ofTransportation.

    In volumes one and two, subject indexes follow the subchaptersin 
chapter I.

    For this volume, Bonnie Fritts was Chief Editor. The Code ofFederal 
Regulations publication program is under the direction ofMichael L. 
White, 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 HomelandSecurity......           1


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

[[Page 3]]



         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELANDSECURITY




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


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

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               General provisions..........................           7
2               Jurisdiction................................          28
3               Coast Guard areas, districts, sectors, 
                    marine inspection zones,and Captain of 
                    the Port zones..........................          33
4               OMB control numbers assigned pursuant to the 
                    Paperwork ReductionAct..................          52
5               Coast Guard Auxiliary.......................          53
6               Protection and security of vessels, harbors, 
                    and waterfrontfacilities................          58
8               United States Coast Guard Reserve...........          62
13              Decorations, medals, ribbons and similar 
                    devices.................................          63
17              United States Coast Guard general gift fund.          66
19              Waivers of navigation and vessel inspection 
                    laws and regulations....................          68
20              Rules of practice, procedure, and evidence 
                    for formaladministrative proceedings of 
                    the Coast Guard.........................          71
23              Distinctive markings for Coast Guard vessels 
                    and aircraft............................          92
25              Claims......................................          94
26              Vessel bridge-to-bridge radiotelephone 
                    regulations.............................         105
27              Adjustment of civil monetary penalties for 
                    inflation...............................         108
                Index to Subchapter A.......................         113
                         SUBCHAPTER B--PERSONNEL
40              Cadets of the Coast Guard...................         119
45              Enlistment of personnel.....................         119
49              Payment of amounts due mentally incompetent 
                    Coast Guard personnel...................         120
50              Coast Guard Retiring Review Board...........         122
51              Coast Guard Discharge Review Board..........         124

[[Page 4]]

52              Board for Correction of Military Records of 
                    the Coast Guard.........................         129
53              Coast Guard whistleblower protection........         136
54              Allotments from active duty pay for certain 
                    support obligations.....................         139
55              Child Development Services..................         140
                Index to Subchapter B.......................         143
                    SUBCHAPTER C--AIDS TO NAVIGATION
60

[Reserved]

62              United States aids to navigation system.....         146
64              Marking of structures, sunken vessels and 
                    other obstructions......................         154
66              Private aids to navigation..................         157
67              Aids to navigation on artificial islands and 
                    fixed structures........................         165
70              Interference with or damage to aids to 
                    navigation..............................         179
72              Marine information..........................         180
74              Charges for Coast Guard aids to navigation 
                    work....................................         182
76              Sale and transfer of aids to navigation 
                    equipment...............................         183
                Index to Subchapter C.......................         185
              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
                Note: Application of the 72 COLREGS to 
                    territories and possessions.............         189
80              COLREGS demarcation lines...................         190
81              72 COLREGS: Implementing Rules..............         207
82              72 COLREGS: Interpretative Rules............         209
                Index to Subchapter D.......................         211
                  SUBCHAPTER E--INLAND NAVIGATION RULES
84              Annex I: Positioning and technical details 
                    of lights and shapes....................         225
85              Annex II: Additional signals for fishing 
                    vessels fishing in closeproximity.......         229
86              Annex III: Technical details of sound signal 
                    appliances..............................         229
87              Annex IV: Distress signals..................         231
88              Annex V: Pilot rules........................         232
89              Inland navigation rules: implementing rules.         234
90              Inland rules: Interpretative rules..........         237
                Index to Subchapter E.......................         239
               SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95              Operating a vessel while under the influence 
                    of alcohol or adangerous drug...........         241

[[Page 5]]

96              Rules for the safe operation of vessels and 
                    safety managementsystems................         243
                Index to Subchapter F.......................         257
                SUBCHAPTER G--REGATTAS AND MARINE PARADES
100             Safety of life on navigable waters..........         258
                Index to Subchapter G.......................         327
                     SUBCHAPTER H--MARITIME SECURITY
101             Maritime Security: General..................         330
102

Maritime Security: National maritime transportation security[Reserved]

103             Maritime security: Area maritime security...         343
104             Maritime security: Vessels..................         347
105             Maritime security: Facilities...............         373
106             Marine Security: Outer Continental Shelf 
                    (OCS) facilities........................         399
107             National Vessel and Facility Control 
                    Measures and Limited AccessAreas........         417
                Index to Subchapter H.......................         423
                        SUBCHAPTER I--ANCHORAGES
109             General.....................................         426
110             Anchorage regulations.......................         427
                Index to Subchapter I.......................         537
                          SUBCHAPTER J--BRIDGES
114             General.....................................         541
115             Bridge locations and clearances; 
                    administrative procedures...............         543
116             Alteration of unreasonably obstructive 
                    bridges.................................         547
117             Drawbridge operation regulations............         552
118             Bridge lighting and other signals...........         665
                Index to Subchapter J.......................         673
                    SUBCHAPTER K--SECURITY OF VESSELS
120             Security of passenger vessels...............         685
                Index to Subchapter K.......................         691

[[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, SeventeenthCoast 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 PenaltyProceedings

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 commercialfishing industry 
          vessels.

      Subpart 1.08_Written Warnings by Coast Guard BoardingOfficers

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 andProduction of Records 
                          in Legal Proceedings

1.20-1 Testimony by Coast Guard personnel andproduction of records.

      Subpart 1.25_Fees and Charges for Certain Records andServices

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 ofPersonal 
               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 andservices.
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 HomelandSecurity 
Delegation No. 0170.1; section 1.01-70 also issuedunder the authority of 
E.O. 12580, 3 CFR, 1987 Comp., p. 193; andsections 1.01-80 and 1.01-85 
also issued under theauthority 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 
hisdistrict of

[[Page 8]]

the functions of the Coast Guard, which in generalterms are maritime law 
enforcement, saving and protecting life andproperty, safeguarding 
navigation on the high seas and navigablewaters of the United States, 
and readiness for military operations, isdelegated to the District 
Commander by the Commandant. In turndelegations of final authority run 
from the District Commander tocommanding officers of units under the 
District Commander for theperformance of the functions of law 
enforcement, patrol of marineregattas and parades, and the saving of 
life and property which comewithin 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 
beendesignated and delegated to perform, within each OCMI's 
jurisdiction,the following functions: Inspection of vessels in order to 
determinethat they comply with the applicable laws, rules, and 
regulationsrelating to safe construction, equipment, manning, and 
operation andthat they are in a seaworthy condition for the services in 
which theyare operated; shipyard and factory inspections; the 
investigation ofmarine casualties and accidents; the licensing, 
certificating,shipment and discharge of seamen; the investigating and 
initiating ofaction in cases of misconduct, negligence, or incompetence 
of merchantmarine officers or seamen; and the enforcement of vessel 
inspection,navigation, and seamen's laws in general. Specific procedures 
forappealing 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 hasbeen 
designated and delegated the same authority as an OCMI for thepurpose of 
carrying out the following marine safety functions pursuantto the 
provisions of 46 CFR Subchapter B:
    (1) Licensing, credentialing, certificating, shipment anddischarge 
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 
holdingmerchant mariner's documents, licenses, certificates or 
credentialsissued by the Coast Guard, and recommending suspension or 
revocationunder 46 U.S.C. Chapter 77 when deemed appropriate; and
    (3) Granting, withholding, suspending, or withdrawing 
courseapprovals.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended byUSCG-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 withintheir 
respective areas port safety and security and marineenvironmental 
protection regulations, including, without limitation,regulations for 
the protection and security of vessels, harbors, andwaterfront 
facilities; anchorages; security zones; safety zones;regulated 
navigation areas; deepwater ports; water pollution; andports 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 
takefinal agency action under 46 CFR part 5, Subparts I, J and K on 
eachpetition to reopen a hearing and on each appeal from a decision of 
anAdministrative Law Judge, except on petition or appeal in a case 
inwhich an order of revocation has been issued. This delegation does 
notprevent the Vice Commandant from acting as Commandant, as 
prescribedin 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 byCGD 97-023, 62 FR 
33361, June 19, 1997]



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

    The Commandant redelegates to the District Commander, 
SeventeenthCoast Guard District, the authority in 46 U.S.C. 3302(i)(1) 
to issuepermits 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 
forOperations, the authority to issue the following permits for 
theconstruction, reconstruction, or alteration of bridges 
acrossnavigable waters of the United States:
    (1) Those that require:
    (i) An environmental assessment or environmental impact 
statementunder the National Environmental Policy Act of 1969, as 
amended, (42U.S.C. 4321 et seq.) and all implementing regulations, 
orders, andinstructions.
    (ii) A determination under section 4(f) of the Department 
ofTransportation Act of 1966 (49 U.S.C. 1653).
    (iii) Concurrence of the Department of Transportation under DOTOrder 
5610.1C (Procedures for Considering Environmental Impacts).
    (2) Those that require a Presidential permit and approval underthe 
International Bridge Act of 1972 (33 U.S.C. 535).
    (3) Those that require the amendment of an existing permit issuedby 
the U.S. Army Corps of Engineers.
    (4) Those that raise substantial unresolved controversy involvingthe 
public, or are objected to by Federal, State, or local 
governmentagencies.
    (5) Those authorized by the Commandant upon the appeal of adistrict 
commander's decision denying a permit.
    (b) The Commandant delegates to each Coast Guard DistrictCommander, 
with the reservation that this authority shall not befurther 
redelegated, the authority to issue all permits for theconstruction, 
reconstruction, or alteration of bridges acrossnavigable waters of the 
United States other than those specified inparagraph (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; CGD97-023, 62 FR 33361, June 19, 1997]



Sec. 1.01-70  CERCLA delegations.

    (a) For the purpose of this section, the definitions in section101 
of the Comprehensive Environmental Response, Compensation, andLiability 
Act of 1980 (Pub. L. 96-510), as amended by theSuperfund Amendments and 
Reauthorization Act of 1986 (Pub. L.99-499), apply. The Act, as amended, 
is referred to in thissection as CERCLA.
    (b) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection (G-M) is delegated authority to take 
remedialaction involving vessels under section 104 of CERCLA.
    (c) Each Maintenance and Logistics Commander is delegated 
contractauthority, consistent with each memorandum of understanding 
betweenthe Coast Guard and the Environmental Protection Agency 
regardingCERCLA funding mechanisms, for the purpose of carrying out 
responseactions 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 
animminent and substantial endangerment to the public health or 
welfareor the environment because of an actual or threatened release of 
ahazardous substance from a facility, and to secure such relief as maybe 
necessary to abate such danger or threat through the United 
Statesattorney of the district in which the threat occurs.
    (2) Authority, pursuant to section 109 of CERCLA, to assesspenalties 
relating to violations of sections 103 (a) and (b)pertaining to 
notification requirements, section 108 pertaining tofinancial 
responsibility for release of hazardous substances fromvessels, and 
section 122 pertaining to administrative orders andconsent decrees.
    (3) Authority, pursuant to section 108 of CERCLA, to deny entry 
toany port or place in the United States or to the navigable waters 
ofthe United States and detain at any port or place in the United 
Statesany 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, andparagraph 
(g) of

[[Page 10]]

this section, each Coast Guard official,predesignated as an On-Scene 
Coordinator, is delegated authority asfollows:
    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c)and 
consistent with the National Contingency Plan, to remove orarrange for 
the removal of releases and threatened releases ofhazardous substances, 
and of pollutants or contaminants which maypresent an imminent and 
substantial danger to the public health orwelfare.
    (2) Authority, pursuant to CERCLA section 104(i)(11), to take 
suchsteps as may be necessary to reduce exposure that presents 
asignificant risk to human health, and to eliminate or 
substantiallymitigate that significant risk to human health.
    (3) Authority, pursuant to CERCLA section 106(a), to issue ordersto 
protect the public health and welfare and the environment wheneverthat 
official determines that a release or threatened release of ahazardous 
substance from a facility may present an imminent andsubstantial 
endangerment to the public health or welfare or theenvironment.
    (4) Authority, pursuant to CERCLA section 104(e), except 
section104(e)(7)(C), to enter establishments or other places where 
hazardoussubstances are or have been generated, stored, treated, 
disposed of,or transported from to inspect and obtain records, reports, 
samplesand information in support of the response functions delegated 
inparagraphs (d), (e)(1), (e)(2), and (e)(3) of this section.
    (5) Authority, pursuant to CERCLA section 122, to enter into 
anagreement with any person (including the owner or operator of 
thevessel or facility from which a release or substantial threat 
ofrelease emanates, or any other potential responsible person), 
toperform any response action, provided that such action will be 
doneproperly 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 isgranted 
in this section may redelegate and authorize successiveredelegations of 
that authority. The authority granted in paragraph(e)(3) of this section 
may only be redelegated to commissionedofficers.
    (g) The response authority described in paragraph (e)(1) of 
thissection does not include authority to--
    (1) Summarily remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention underCERCLA, 
the Intervention on the High Seas Act (33 U.S.C. 1471 et.seq.), or other 
applicable laws. ``Intervention'' meansany detrimental action taken 
against the interest of a vessel or itscargo without the consent of the 
vessel's owner or operator.

[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended byCGD 91-225, 59 FR 
66484, Dec. 27, 1994; CGD 96-026, 61FR 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 
ofsection 311 of the Federal Water Pollution Control Act (FWPCA), 
asamended [33 U.S.C. 1321] and provisions of the Oil Pollution Act 
of1990 (OPA 90). The definitions in subsection (a) of section 311 of 
theFWPCA and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
    (b) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection, is delegated authority to require the 
owneror operator of a facility to establish and maintain such records, 
makesuch reports, install, use, and maintain such monitoring equipment 
andmethods, and provide such other information as may be required 
tocarry out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
    (c) Each District and Area Commander is delegated authority 
withinthe Commander's assigned district or area to--
    (1) Deny entry to any place in the United States or to thenavigable 
waters of the United States, and to detain at any place inthe United 
States, any vessel subject to section 1016 of OPA 90 [33U.S.C. 2716] 
that, upon request, does not provide evidence offinancial 
responsibility;
    (2) Seize and, through the Chief Counsel, seek forfeiture to 
theUnited

[[Page 11]]

States of any vessel subject to the requirements of section1016 of OPA 
90 [33 U.S.C. 2716] that is found in the navigable watersof the United 
States without the necessary evidence of financialresponsibility;
    (3) Assess any class I civil penalty under subsection (b) ofsection 
311 of the FWPCA [33 U.S.C. 1321], in accordance with theprocedures in 
subpart 1.07 of this chapter;
    (4) Assess any civil penalty under section 4303 of OPA 90 [33U.S.C. 
2716a] in accordance with the procedures in subpart 1.07 ofthis chapter;
    (5) Board and inspect any vessel upon the navigable waters of 
theUnited States or the waters of the contiguous zone, except for 
publicvessels; with or without warrant, arrest any person who, in 
theCommander's presence or view, violates a provision of section 311 
ofthe FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; 
andexecute any warrant or other process issued by an officer or court 
ofcompetent jurisdiction, as prescribed in section 311(m)(1) of theFWPCA 
[33 U.S.C. 1321(m)(1)];
    (6) Enter and inspect any facility in the coastal zone atreasonable 
times; have access to and copy any records; take samples;inspect 
monitoring equipment required by section 311(m)(2)(A) of theFWPCA [33 
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest anyperson who, in 
the Commander's presence or view, violates a provisionof section 311 of 
the FWPCA [33 U.S.C. 1321] or any regulation issuedthereunder; and 
execute any warrant or other process issued by anofficer or court of 
competent jurisdiction, as prescribed in section311(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 
[33U.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 
undersection 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-
SceneCoordinator by the applicable Regional Contingency Plan is 
delegatedauthority pursuant to section 311(c) of the FWPCA [33 U.S.C. 
1321(c)],subject to paragraph (e) of this section, in accordance with 
theNational Contingency Plan and any appropriate Area Contingency 
Plan,to ensure the effective and immediate removal of a discharge 
andmitigation or prevention of a substantial threat of a discharge of 
oilor a hazardous substance by--
    (1) Removing or arranging for the removal of a discharge 
andmitigating or preventing an imminent and substantial threat of 
adischarge at any time;
    (2) Directing or monitoring all Federal, State, and privateactions 
to remove a discharge, including issuance of orders;
    (3) Determining, pursuant to section 311(c) of the FWPCA [33U.S.C. 
1321(c)], whether a discharge or a substantial threat of adischarge of 
oil or a hazardous substance from a vessel, offshorefacility, or onshore 
facility is of such a size or character as to bea substantial threat to 
the public health or welfare of the UnitedStates (including, but not 
limited to fish, shellfish, wildlife, othernatural resources, and the 
public and private beaches and shorelinesof the United States); and, if 
it is, directing all Federal, State,and private actions to remove the 
discharge or to mitigate or preventthe threatened discharge;
    (4) Determining, pursuant to section 311(e) of the FWPCA [33U.S.C. 
1321(e)], that there may be an imminent and substantial threatto the 
public health and welfare of the United States, and, if thereis, may--
    (i) Determine an imminent and substantial threat as a basis 
forrecommending 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 
welfarecaused by a discharge of oil or a hazardous substance.
    (e) The authority described in paragraph (d) of this section doesnot 
include the authority to--
    (1) Remove or destroy a vessel; or

[[Page 12]]

    (2) Take any other action that constitutes intervention underthe 
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 takenagainst the interest of a vessel or its cargo 
without the consent ofthe vessel's owner or operator.

[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended byCGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62FR 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 inSec. 1.01-80 may redelegate and 
authorize successiveredelegations of that authority within the command 
under the officer'sjurisdiction, 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 
StatesCoast Guard may be authorized to carry out the functions delegated 
tosuperior officials under Sec. Sec. 1.01-1,1.01-20, 1.01-30, 1.01-70, 
and 1.07-80, orredelegated under Sec. 1.01-85, within thejurisdiction 
of the cognizant official. They will do so under thesupervision 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 ofHomeland Security 
Delegation No. 0170.1.

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



Sec. 1.05-1  Delegation of rulemaking authority.

    (a) The Secretary of Homeland Security is empowered by 
variousstatutes to issue regulations regarding the functions, powers 
andduties of the Coast Guard.
    (b) The Secretary of Homeland Security has delegated much of 
thisauthority to the Commandant, U.S. Coast Guard, including authority 
toissue regulations regarding the functions of the Coast Guard and 
theauthority to redelegate and authorize successive redelegations of 
thatauthority within the Coast Guard.
    (c) The Commandant has reserved the authority to issue any rulesand 
regulations determined to be significant under Executive Order12866, 
Regulatory Planning and Review.
    (d) The Commandant has redelegated the authority to develop andissue 
those regulations necessary to implement laws, treaties andExecutive 
Orders to the Assistant Commandant for Marine Safety,Security and 
Stewardship (CG-5). The Commandant furtherredelegates this same 
authority to the Director, National PollutionFund Center (Director, 
NPFC) for those regulations within theDirector, NPFC area of 
responsibility.
    (1) The Assistant Commandant for Marine Safety, Security, 
andStewardship may further reassign the delegated authority of 
thisparagraph to:
    (i) Any Director within the CG-5 Directorate asappropriate; or
    (ii) Any other Assistant Commandant as appropriate.
    (2) The authority redelegated in paragraph (d) of this section 
islimited to those regulations determined to be nonsignificant withinthe 
meaning of Executive Order 12866.
    (e)(1) The Commandant has redelegated to Coast Guard 
DistrictCommanders, with the reservation that this authority shall not 
befurther redelegated, the authority to issue regulations pertaining 
tothe 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.
    (2) This delegation does not extend to those matters specified 
inparagraph (c) of this section or rules and regulations which have 
beenshown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of 
thissection, the

[[Page 13]]

Commandant has redelegated to Coast Guard Captains ofthe Port, with the 
reservation that this authority shall not befurther redelegated, the 
authority to establish safety and securityzones and special local 
regulations.
    (g) The Commandant has redelegated to Coast Guard 
DistrictCommanders, Captains of the Port, the Assistant Commandant 
forOperations, and the Assistant Commandant for Marine Safety, 
Securityand Stewardship, the authority to make the certification 
required bysection 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 
theyissue.
    (h) The Chief, Office of Regulations and Administrative Law(CG-
0943), has authority to develop and issue those regulationsnecessary to 
implement all technical, organizational, and conformingamendments and 
corrections to rules, regulations, and notices.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended byCGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62FR 33361, June 19, 1997; USCG-2003-
14505, 68 FR 9534,Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 
25,2003; USCG-2008-0179, 73 FR 35001, June 19, 2008]



Sec. 1.05-5  Marine Safety and Security Council.

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

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



Sec. 1.05-10  Regulatory process overview.

    (a) Most rules of local applicability are issued by 
DistrictCommanders and Captains of the Port, while rules of 
widerapplicability are issued by senior Coast Guard officials at 
CoastGuard Headquarters, For both significant rulemaking (defined 
byExecutive Order 12866, Regulatory Planning and Review) and non-
significant rulemaking, other than those areas delegated to 
DistrictCommanders and Captains of the Port, the regulatory process 
beginswhen an office chief with program responsibilities identifies 
apossible need for a new regulation or for changes to an 
existingregulation. The need may arise due to statutory changes, or be 
basedon internal review or public input. Early public involvement 
isstrongly encouraged.
    (b) After a tentative significant regulatory approach isdeveloped, a 
significant regulatory project proposal is submitted tothe Marine Safety 
and Security Council for approval. The proposaldescribes the scope of 
the proposed regulation, alternativesconsidered, and potential cost and 
benefits, including possibleenvironmental impacts. All significant 
regulatory projects requireMarine Safety and Security Council approval.
    (c) Significant rulemaking documents must also be approved by 
theCommandant of the Coast Guard.
    (d) If the project is approved, the necessary documents aredrafted, 
including documents to be published in the FederalRegister. These may 
include regulatory evaluations, environmentalanalyses, 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 byUSCG-2003-14505, 
68 FR 9534, Feb. 28, 2003;USCG-2003-15404, 68 FR 37740, June 25, 
2003;USCG-2008-0179, 73 FR 35001, June 19, 2008]



Sec. 1.05-15  Public participation.

    The Coast Guard considers public participation essential toeffective 
rulemaking, and encourages the public to participate in itsrulemaking 
process. Coast Guard policy is to provide opportunities forpublic 
participation early in potential rulemaking projects.Generally, the 
Coast Guard will solicit public input by publishing anotice of public 
meeting or request for comments in the FederalRegister. Advance Notices 
of Proposed Rulemaking, Notices ofProposed Rulemaking, Supplemental 
Notices of Proposed Rulemaking, andInterim Rules will usually provide 90 
days, or more if possible, afterpublication for submission of comments. 
This time period is intendedto allow interested persons the

[[Page 14]]

opportunity to participate in therulemaking process through the 
submission of written data and views.However, certain cases and 
circumstances may make it necessary toprovide a shorter comment period. 
Public meetings may also be held toprovide an opportunity for oral 
presentations. The Coast Guard willconsider the comments received and, 
in subsequent rulemakingdocuments, will incorporate a concise general 
statement of thecomments received and identify changes from a proposed 
rule based onthe comments.



Sec. 1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard 
toundertake a rulemaking action. There is no prescribed form for 
apetition for rulemaking, but the document should provide somesupporting 
information as to why the petitioner believes the proposedrulemaking is 
necessary and the document should clearly indicate thatit is a petition 
for rulemaking. Petitions should be addressed to theExecutive Secretary, 
Marine Safety and Security Council (CG-0943),United States Coast Guard 
Headquarters, 2100 Second Street SW.,Washington, DC 20593-0001.
    (b) The petitioner will be notified of the Coast Guard's 
decisionwhether to initiate a rulemaking or not. If the Coast Guard 
decidesnot to pursue a rulemaking, the petitioner will be notified of 
thereasons why. If the Coast Guard decides to initiate rulemaking, 
itwill follow the procedure outlined in this subpart. The Coast Guardmay 
publish a notice acknowledging receipt of a petition forrulemaking in 
the Federal Register.
    (c) Any petition for rulemaking and any reply to the petition willbe 
kept in a public docket open for inspection.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended byUSCG-2003-15404, 
68 FR 37740, June 25, 2003;USCG-2008-0179, 73 FR 35001, June 19, 2008]



Sec. 1.05-25  Public docket.

    (a) A public docket is maintained electronically for each 
petitionfor rulemaking and each Coast Guard rulemaking project and 
noticepublished in the Federal Register. Each docket contains copiesof 
every rulemaking document published for the project, publiccomments 
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 anydocuments in the 
docket. Public dockets for Coast Guard rulemakingsare available 
electronically at http://www.regulations.gov. Toaccess a rulemaking, 
enter the docket number associated withrulemaking in the ``Search'' box 
and click ``Go.'' These documents are also kept at 
a DocketManagement Facility maintained by the Department of 
Transportation,West Building, room W12-140, 1200 New Jersey Avenue, 
SE.,Washington, DC 20590.
    (b) The public dockets for Coast Guard rulemaking activityinitiated 
by Coast Guard District Commanders are available for publicinspection at 
the appropriate Coast Guard District office or online athttp://
www.regulations.gov. Paragraph (a) of this sectiondescribes how to 
access and view these documents.
    (c) The public dockets for Coast Guard rulemaking activityinitiated 
by Captains of the Port are available for inspection at theappropriate 
Captains of the Port Office or online athttp://www.regulations.gov. 
Paragraph (a) of this sectiondescribes how to access and view these 
documents.

[USCG-2008-0179, 73 FR 35001, June 19, 2008]



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

    An advance notice of proposed rulemaking may be used to alert 
theaffected public about a new regulatory project, or when the 
CoastGuard needs more information about what form proposed 
regulationsshould take, the actual need for a regulation, the cost of a 
proposal,or any other information. The ANPRM may solicit general 
information orask 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, anNPRM 
is generally published in the Federal Register for CoastGuard 
rulemakings.

[[Page 15]]

The NPRM normally contains a preamble statementin sufficient detail to 
explain the proposal, its background, basis,and purpose, and the various 
issues involved. It also contains adiscussion of any comments received 
in response to prior notices, acitation of legal authority for the rule, 
and the text of the proposedrule.



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

    An SNPRM may be issued if a proposed rule has been 
substantiallychanged from the original notice of proposed rulemaking. 
Thesupplemental notice advises the public of the revised proposal 
andprovides an opportunity for additional comment. To give the public 
areasonable opportunity to become reacquainted with a rulemaking, 
asupplemental notice may also be issued if considerable time haselapsed 
since publication of a notice of proposed rulemaking. An SNPRMcontains 
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 publicinterest 
to promulgate an effective rule while keeping the rulemakingopen for 
further refinement. For example, an interim rule may beissued in 
instances when normal procedures for notice and commentprior to issuing 
an effective rule are not required, minor changes tothe final rule may 
be necessary after the interim rule has been inplace for some time, or 
the interim rule only implements portions of aproposed rule, while other 
portions of the proposed rule are stillunder development.
    (b) An interim rule will be published in the FederalRegister with an 
effective date that will generally be at least 30days after the date of 
publication. After the effective date, aninterim rule is enforceable and 
is codified in the next annualrevision 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 
noticeand comment. When notice and comment procedures have been used, 
andafter all comments received have been considered, a final rule 
isissued. A final rule document contains a preamble that 
discussescomments received, responses to comments and changes made from 
theproposed or interim rule, a citation of legal authority, and the 
textof the rule.



Sec. 1.05-55  Direct final rule.

    (a) A direct final rule may be issued to allow noncontroversialrules 
that are unlikely to result in adverse public comment to becomeeffective 
more quickly.
    (b) A direct final rule will be published in the FederalRegister 
with an effective date that is generally at least 90 daysafter the date 
of publication.
    (c) The public will usually be given at least 60 days from thedate 
of publication in which to submit comments or notice of intent tosubmit 
comments.
    (d) If no adverse comment or notice of intent to submit an 
adversecomment is received within the specified period, the Coast Guard 
willpublish a notice in the Federal Register to confirm that therule 
will go into effect as scheduled.
    (e) If the Coast Guard receives a written adverse comment or 
awritten notice of intent to submit an adverse comment, the Coast 
Guardwill publish a notice in the final rule section of the 
FederalRegister to announce withdrawal of the direct final rule. If 
anadverse comment clearly applies to only part of a rule, and it 
ispossible to remove that part without affecting the remaining 
portions,the Coast Guard may adopt as final those parts of the rule on 
which noadverse comment was received. Any part of a rule that is the 
subjectof an adverse comment will be withdrawn. If the Coast Guard 
decides toproceed with a rulemaking following receipt of an adverse 
comment, aseparate Notice of Proposed Rulemaking (NPRM) will be 
published unlessan exception to the Administrative Procedure Act 
requirements fornotice and comment applies.
    (f) A comment is considered adverse if the comment explains whythe 
rule would be inappropriate, including a challenge to the 
rule'sunderlying

[[Page 16]]

premise or approach, or would be ineffective orunacceptable 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 rulemakingcommittee 
under the Negotiated Rulemaking Act of 1990 and the FederalAdvisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in thepublic interest.
    (b) Generally, the Coast Guard will consider negotiated 
rulemakingwhen:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for 
identifiableparties affected by the rule;
    (3) There is a reasonable chance that balanced representation canbe 
reached in the negotiated rulemaking committee and that thecommittee 
members will negotiate in good faith;
    (4) There is a likelihood of a committee consensus in a fixed 
timeperiod;
    (5) The negotiated rulemaking process will not unreasonably delaythe 
rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee 
informulating the NPRM and final rule.



     Subpart 1.07_Enforcement; Civil and Criminal PenaltyProceedings

    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 administrationof 
all statutory penalty provisions that the Coast Guard is authorizedto 
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 DistrictCommander's command, 
delegated to carry out the provisions ofSec. 1.07-10(b).
    (b) The term Hearing Officer means a Coast Guard officer oremployee 
who has been delegated the authority to assess civilpenalties.
    (c) The term issuing officer means any qualified Coast 
Guardcommissioned, warrant, or petty officer.
    (d) The term Notice of Violation means a notification ofviolation 
and preliminary assessment of penalty, given to a party, inaccordance 
with Sec. 1.07-11.
    (e) The term party means the person alleged to have violateda 
statute or regulation to which a civil penalty applies and includesan 
individual or public or private corporation, partnership or 
otherassociation, 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 
CoastGuard facility. When a report of an apparent violation has 
beenreceived, or when an apparent violation has been detected by any 
CoastGuard personnel, the matter is investigated or evaluated by 
CoastGuard personnel. Once an apparent violation has been investigated 
orevaluated, a report of the investigation may be sent to the 
DistrictCommander or other designated official in accordance with 
paragraph(b) of this section or a Notice of Violation underSec. 1.07-11 
may be given to the party by an issuingofficer.
    (b) Reports of any investigation conducted by the Coast Guard 
orreceived from any other agency which indicate that a violation mayhave 
occurred may be forwarded to a District Commander or otherdesignated 
official for further action. This is normally the DistrictCommander of 
the District in which the violation is believed to haveoccurred, or the 
District in which the reporting unit or agency isfound. The report is 
reviewed to determine if there is sufficientevidence to establish a 
prima facie case. If there isinsufficient evidence, the case is either 
returned for furtherinvestigation or closed if further action is 
unwarranted. The case isclosed in situations in which the investigation 
has established that aviolation did not occur, the violator is unknown, 
or there is littlelikelihood of discovering additional relevant facts. 
If

[[Page 17]]

it isdetermined that a prima facie case does exist, a case file 
isprepared and forwarded to the Hearing Officer, with a 
recommendedaction. 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 byCGD 87-008a, 52 FR 
17554, May 11, 1987; CGD 93-079, 59FR 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 
hasbeen completed, an issuing officer may issue a Notice of Violation 
tothe party.
    (b) The Notice of Violation will contain the followinginformation:
    (1) The alleged violation and the applicable law or 
regulationsviolated;
    (2) The amount of the maximum penalty that may be assessed foreach 
violation;
    (3) The amount of proposed penalty that appears to be appropriate;
    (4) A statement that payment of the proposed penalty within 45days 
will settle the case;
    (5) The place to which, and the manner in which, payment is to 
bemade;
    (6) A statement that the party may decline the Notice of 
Violationand that if the Notice of Violation is declined, the party has 
theright to a hearing prior to a final assessment of a penalty by 
aHearing Officer.
    (7) A statement that failure to either pay the proposed penalty 
onthe Notice of Violation or decline the Notice of Violation and 
requesta hearing within 45 days will result in a finding of default and 
theCoast Guard will proceed with the civil penalty in the 
amountrecommended on the Notice of Violation without processing 
theviolation under the procedures described in 33 CFR 1.07-10(b).
    (c) The Notice of Violation may be hand delivered to the party oran 
employee of the party, or may be mailed to the business address ofthe 
party.
    (d) If a party declines the Notice of Violation within 45 days,the 
case file will be sent to the District Commander for processingunder the 
procedures described in 33 CFR 1.07-10(b).
    (e) If a party pays the proposed penalty on the Notice ofViolation 
within 45 days, a finding of proved will be entered into thecase 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 CoastGuard will 
enter a finding of default in the case file and proceedwith the civil 
penalty in the amount recommended on the Notice ofViolation without 
processing the violation under the proceduresdescribed in 33 CFR 1.07-
10(b).

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



Sec. 1.07-15  Hearing Officer.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 makesa 
preliminary examination of the material submitted. If, on the basisof 
the preliminary examination, the Hearing Officer determines thatthere is 
insufficient evidence to proceed, or that there is any otherreason which 
would make penalty action inappropriate, the HearingOfficer returns the 
case to the District Commander with a writtenstatement of the reason. 
The District Commander may close the case orcause a further 
investigation of the alleged violation to be made witha view toward 
resubmittal of the case to the Hearing Officer.

[[Page 18]]

    (b) If on the basis of the preliminary examination of the casefile, 
the Hearing Officer determines that a violation appears to havebeen 
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 foreach 
violation;
    (3) The general nature of the procedure for assessing andcollecting 
the penalty;
    (4) The amount of penalty that appears to be appropriate, based 
onthe material then available to the Hearing Officer;
    (5) The right to examine all materials in the case file and have 
acopy of all written documents provided upon request; and,
    (6) The fact that the party may demand a hearing prior to anyactual 
assessment of a penalty.
    (c) If at any time it appears that the addition of another partyto 
the proceedings is necessary or desirable, the Hearing Officerprovides 
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 ofthe 
action, as described above, the party, or counsel for the party,may 
request a hearing, provide any written evidence and arguments inlieu of 
a hearing, or pay the amount specified in the notice as 
beingappropriate. A hearing must be requested in writing; the request 
mustspecify the issues which are in dispute. Failure to specify 
anonjurisdictional issue will preclude its consideration.
    (b) The right to a hearing is waived if the party does not submitthe 
request to the Hearing Officer within 30 days after receivingnotice of 
the alleged violation. At the discretion of the HearingOfficer, a 
hearing may be granted if the party submits a late request.
    (c) The Hearing Officer must promptly schedule all hearings whichare 
requested. The Hearing Officer shall grant any delays orcontinuances 
which may be necessary or desirable in the interest offairly resolving 
the case.
    (d) A party who has requested a hearing may amend thespecification 
of the issues in dispute at any time up to 10 daysbefore the scheduled 
date of the hearing. Issues raised later than 10days before the 
scheduled hearing may be presented only at thediscretion of the Hearing 
Officer.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 
allthe written evidence in the case file, except material that 
woulddisclose or lead to the disclosure of the identity of a 
confidentialinformant. Other evidence or material, such as blueprints, 
sound orvideo tapes, oil samples, and photographs may be examined in 
theHearing Officer's offices. The Hearing Officer may provide 
forexamination or testing of evidence at other locations if there 
areadequate safeguards to prevent loss or tampering.



Sec. 1.07-35  Request for confidential treatment.

    (a) In addition to information treated as confidential underSec. 
1.07-30, a request for confidential treatment ofa document or portion 
thereof may be made by the person supplying theinformation on the basis 
that the information is:
    (1) Confidential financial information, trade secrets, or 
othermaterial exempt from disclosure by the Freedom of Information Act 
(5U.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 
therequest to the Hearing Officer in writing and state the 
reasonsjustifying nondisclosure. Failure to make a timely request may 
resultin a document being considered as nonconfidential and subject 
torelease.
    (c) Confidential material is not considered by the Hearing Officerin 
reaching a decision unless:
    (1) It has been furnished by a party, or

[[Page 19]]

    (2) It has been furnished pursuant to a subpoena.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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 
theproceeding by counsel. After receiving notification that a party 
isrepresented by counsel, the Hearing Officer directs all 
furthercommunications 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 
HearingOfficer.
    (b) The Hearing Officer may transfer a case to another 
HearingOfficer on request or on the Hearing Officer's own motion.
    (c) A request for change of location of a hearing or transfer 
toanother Hearing Officer must be in writing and state the reasons 
whythe requested action is necessary or desirable. Action on the 
requestis 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 
apersonal appearance or through a written statement. The party 
mayrequest the assistance of the Hearing Officer in obtaining 
thepersonal appearance of a witness. The request must be in writing 
andstate the reasons why a written statement would be inadequate, 
theissue or issues to which the testimony would be relevant, and 
thesubstance of the expected testimony. If the Hearing Officer 
determinesthat the personal appearance of the witness may materially aid 
in thedecision on the case, the Hearing Officer seeks to obtain the 
witness'appearance. Because many statutes prescribing civil penalties do 
notprovide subpoena power, there may be cases where a witness cannot 
berequired to attend. In such a case, the Hearing Officer may move 
thehearing to the witness' location, accept a written statement, 
oraccept a stipulation in lieu of testimony. If none of these 
proceduresis practical, the Hearing Officer shall proceed on the basis 
of theevidence before him.

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



Sec. 1.07-55  Hearing procedures.

    (a) The Hearing Officer must conduct a fair and impartialproceeding 
in which the party is given a full opportunity to be heard.At the outset 
of the hearing, the Hearing Officer insures that theparty is aware of 
the nature of the proceeding and of the allegedviolation, and of the 
provisions of the law or regulation allegedlyviolated.
    (b) The material in the case file pertinent to the issues to 
bedetermined by the Hearing Officer is presented. The party has theright 
to examine, and to respond to or rebut, this material. The partymay 
offer any facts, statements, explanations, documents, sworn orunsworn 
testimony, or other exculpatory items which bear onappropriate issues, 
or which may be relevant to the size of anappropriate penalty. The 
Hearing Officer may require theauthentication of any written exhibit or 
statement.
    (c) At the close of the party's presentation of evidence, theHearing 
Officer may allow the introduction of rebuttal evidence. TheHearing 
Officer may allow the party to respond to any such evidencesubmitted.
    (d) In receiving evidence, the Hearing Officer is not bound bystrict 
rules of evidence. In evaluating the evidence presented, theHearing 
Officer must give due consideration to the reliability andrelevance of 
each item of evidence.
    (e) The Hearing Officer may take notice of matters which aresubject 
to a high degree of indisputability and are commonly known inthe 
community or are ascertainable from readily available sources ofknown 
accuracy. Prior to taking notice of a matter, the HearingOfficer gives 
the party an opportunity to show why notice should notbe taken. In any 
case in which notice is taken, the Hearing Officerplaces a written 
statement of the matters as to which notice was takenin the record,

[[Page 20]]

with the basis for such notice, including astatement that the party 
consented to notice being taken or a summaryof the party's objections.
    (f) After the evidence in the case has been presented, the partymay 
present argument on the issues in the case. The party may alsorequest an 
opportunity to submit a written statement for considerationby the 
Hearing Officer and for further review. The Hearing Officershall allow a 
reasonable time for submission of the statement andshall specify the 
date by which it must be received. If the statementis not received 
within the time prescribed, or within the limits ofany extension of time 
granted by the Hearing Officer, the HearingOfficer renders his decision 
in the case.



Sec. 1.07-60  Records.

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

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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 
toassess a penalty is based upon substantial evidence in the record. 
Ifthe Hearing Officer finds that there is not substantial evidence inthe 
record establishing the alleged violation or some other violationof 
which the party had full and fair notice, the Hearing Officer 
shalldismiss the case and remand it to the District Commander. A 
dismissalis without prejudice to the District Commander's right to 
refile thecase and have it reheard if additional evidence is obtained. 
Adismissal following a rehearing is final and with prejudice.
    (b) If the Hearing Officer assesses a penalty, the HearingOfficer's 
decision contains a statement advising the party of theright to an 
administrative appeal. The party is advised that failureto submit an 
appeal within the prescribed time will bar itsconsideration and that 
failure to appeal on the basis of a particularissue will constitute a 
waiver of that issue in any subsequentproceeding.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 
besubmitted by a party within 30 days from the date of receipt of 
thedecision. The appeal and any supporting brief must be submitted to 
theHearing Officer. The only issues which will be considered on 
appealare those issues specified in the appeal which were properly 
raisedbefore the Hearing Officer and jurisdictional questions.
    (b) The failure to file an appeal within the prescribed time 
limitresults in the action of the Hearing Officer becoming the final 
agencyaction in the case.



Sec. 1.07-75  Action on appeals.

    (a) Upon receipt, the Hearing Officer provides a copy of theappeal 
and any supporting brief to the District Commander who referredthe case. 
Any comments which the District Commander desires to submitmust be 
received by the Hearing Officer within 30 days. The HearingOfficer 
includes the District Commander's comments, or not later than30 days 
after receipt of the appeal if no comments are submitted bythe District 
Commander, the Hearing Officer forwards all materials inthe case to the 
Commandant.
    (b) The Commandant issues a written decision in each case 
andfurnishes copies to the party, the District Commander, and the 
HearingOfficer, The Commandant may affirm, reverse, or modify the 
decision,or remand the case for new or additional proceedings. In the 
absenceof a remand, the decision of the Commandant on appeal

[[Page 21]]

shall befinal. In addition to the actions which may be taken by the 
Commandanton appeal, the Commandant may also remit, mitigate or suspend 
theassessment in whole or in part. Upon the taking of 
remission,mitigation, or suspension action, the Commandant will inform 
the partyof the action and any conditions placed on the action.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 penaltycase, 
a party may petition to reopen the hearing on the basis of 
newlydiscovered evidence.
    (b) Petitions to reopen must be in writing describing the newlyfound 
evidence and must state why the evidence would probably producea 
different result favorable to the petitioner, whether the evidencewas 
known to the petitioner at the time of the hearing and, if not,why the 
newly found evidence could not have been discovered in theexercise of 
due diligence. The party must submit the petition to theHearing Officer.
    (c) The District Commander may file comments in opposition to 
thepetition. If comments are filed, a copy is provided the party.
    (d) A petition to reopen is considered by the Hearing Officerunless 
an appeal has been filed, in which case the petition isconsidered by the 
Commandant.
    (e) The decision on the petition is decided on the basis of 
therecord, the petition, and the comments in opposition, if any. 
Thepetition is granted only when newly found evidence is described 
whichhas a direct and material bearing on the issues and when a 
validexplanation is provided as to why the evidence was not and could 
nothave 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 given30 
days to file an appeal if one has not already been filed, or toamend an 
appeal which has already been filed.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byCGD 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 postalmoney 
order payable to the U.S. Coast Guard.
    (b) Within 30 days after receipt of the Commandant's decision 
onappeal, or the Hearing Officer's decision in a case in which no 
appealhas been filed, the party must submit payment of any assessed 
penaltyto the office specified in the assessment notice. Failure to 
maketimely payment will result in the institution of appropriate 
actionunder the Federal Claims Collection Act and the regulations 
issuedthereunder.
    (c) When a penalty of not more than $200 has been assessed 
underChapter 43 or 123 of Title 46 U.S.C., the matter may be referred 
forcollection of the penalty directly to the Federal Magistrate of 
thejurisdiction wherein the person liable may be found, for 
theinstitution of collection procedures under supervision of the 
districtcourt, if the court has issued an order delegating such 
authorityunder 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 lawsor 
regulations enforced by the Coast Guard which provide, uponconviction, 
for punishment by fine or imprisonment is a matter finallydetermined by 
the Department of Justice. This final determinationconsists of deciding 
whether and under what conditions to prosecute orto abandon prosecution.
    (b) Except in those cases where the approval of the Commandant 
isrequired, the Area, Maintenance & Logistics Command (MLC), andDistrict 
Commanders are authorized to refer the case to the U.S.attorney. The 
Commandant's approval is required in the following caseswhere 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, 121to 
126 inclusive).
    (c) The Area, MLC, or District Commander will identify the laws 
orregulations which were violated and make

[[Page 22]]

specific recommendationsconcerning the proceedings to be instituted by 
the U.S. attorney inevery case.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended byUSCG-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 
acriminal penalty, the Area, MLC, and District Commanders areauthorized 
to determine whether to institute civil penalty proceedingsor to refer 
the case to the U.S. attorney for prosecution inaccordance with Sec. 
1.07-90.
    (b) When the U.S. Attorney declines to institute 
criminalproceedings, the Area, MLC, or District Commander decides 
whether toinitiate civil penalty proceedings or to close the case.

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



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 
meaningsspecified:
    (1) Commercial fishing industry vessel means a fishingvessel, a fish 
processing vessel, or a fish tender vessel as definedin 46 U.S.C. 2101 
(11a), (11b), or (11c), respectively.
    (2) Personal use quantity means a quantity of a controlledsubstance 
as specified in 19 CFR 171.51.
    (b) When a commercial fishing industry vessel is subject toseizure 
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19U.S.C. 
1595a(a); or of 49 U.S.C. App. 782 and the violation involvesthe 
possession of a personal use quantity of a controlled substance,the 
vessel shall be issued a summons to appear as prescribed insubpart F of 
19 CFR part 171 in lieu of seizure, provided that thevessel is:
    (1) Proceeding to or from a fishing area or intermediate port 
ofcall; or
    (2) Actively engaged in fishing operations.

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



      Subpart 1.08_Written Warnings by Coast Guard BoardingOfficers

    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 
ofthe following statutes and regulations for which Coast Guard 
boardingofficers are authorized to issue written warnings instead 
ofrecommending civil or criminal penalty procedures under subpart 1.07of 
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, 
PersonalFlotation 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 toissue 
warnings for certain minor violations of the statutes andregulations 
listed in paragraph (a) of this section. Written warningsare not 
authorized for all violations of these statutes andregulations.

(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 byCGD 77-182, 43 FR 
22657, May 25, 1978; CGD 82-040, 47 FR21042, 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 
officerdetermines that:
    (1) The observed violation is a first offense; and
    (2) The operator states that the violation will be 
promptlycorrected.
    (b) A written warning may not be issued where:

[[Page 23]]

    (1) The operator is required to be licensed;
    (2) The violation is a failure to have required safety equipmenton 
board; or
    (3) The boarding officer notes three or more violations during 
oneboarding.
    (c) Each district office maintains a record of each writtenwarning 
issued within that district for a period of not more than oneyear after 
date of issue except in cases involving violations of 33CFR part 159 
marine sanitation devices, records of which aremaintained by each 
district office for not more than three years afterdate of issue.
    (d) The district commander of the district in which the warning 
isissued may rescind a written warning and institute civil penaltyaction 
under Sec. 1.07-10 of this part if a recordcheck discloses a prior 
written warning or violation issued within oneyear or in the case of a 
violation of 33 CFR part 159 a prior writtenwarning or violation issued 
within three years.
    (e) Within 15 days after the date of issue, any person issued 
awritten warning by a Coast Guard boarding officer may appeal 
theissuance of the warning to the district commander by providing 
inwriting or in person any information that denies, explains, 
ormitigates 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 
oneyear after date of issue or in the case of a violation of 33 CFR 
part159 a period of not more than three years for reference in 
determiningappropriate penalty action if there is a subsequent 
violation;
    (2) If a record check reveals a prior written warning or 
violationwithin the time period designated in Sec. 1.08-5(d)of this 
part, the warning may be revoked and civil penalty actioninstituted;
    (3) If an additional violation occurs within the time 
perioddesignated in Sec. 1.08-5(d) the warning may be usedas a basis 
for the assessment of a higher penalty for the subsequentviolation; and
    (4) Within 15 days after the date of issue, the person who isissued 
the warning may appeal to the District Commander by providingin 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 byCGD 77-182, 43 FR 
22657, May 25, 1978;USCG-2006-25150, 71 FR 39208, 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), 80Stat. 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 
madeavailable to the public in accordance with the Department 
ofTransportation regulations contained in part 7 of title 49, Code 
ofFederal Regulations.



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

    (a) Each person desiring to inspect a record or document coveredby 
this subpart that is located in Headquarters, or to obtain a copyof such 
a record or document, must make a written request to theChief, Office of 
Information Management, U.S. Coast GuardHeadquarters, 2100 Second Street 
SW., Washington, DC20593-0001.
    (b) Each person desiring to inspect a record or document coveredby 
this subpart that is located in a Coast Guard district, or toobtain a 
copy of such a record or document, must make a writtenrequest to the 
district commander in command of the district, or tothe officer-in-
charge of the appropriate marine inspection zone. CoastGuard districts 
and marine inspection zones are listed in part 3 ofthis chapter.
    (c) If the person making the request does not know where in theCoast 
Guard the record or document is located, he may send his requestto the

[[Page 24]]

Chief, Office of Information Management, at the address inparagraph (a) 
of this section.

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



Subpart 1.20_Testimony by Coast Guard Personnel andProduction 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 ofCoast 
Guard personnel, production of Coast Guard records, and serviceof 
process in legal proceedings.
    (b) Except for the acceptance of service of process or 
pleadingsunder paragraph (d) of this section and 49 CFR 9.19, the Legal 
Officerof each Maintenance and Logistics Command, each District 
LegalOfficer, and the Legal Officer assigned to any other Coast Guard 
unitor 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 totestify, 
or for permission to interview such a member or employee,should be made 
to the Legal officer serving the command to which thatmember or employee 
is assigned, or, if the member or employee isserving at Coast Guard 
Headquarters, or with a command receiving legalservices from the Chief 
counsel, U.S. Coast Guard, to the Chief,Office of Claims and Litigation. 
Should the member or employee nolonger be employed by the Coast Guard, 
and the testimony orinformation sought falls within the provisions of 49 
CFR part 9, therequest should be made to the District Legal Officer 
serving thegeographic area where the former member or employee resides 
or, if noDistrict Legal Officer has geographic responsibility, to the 
Chief,Office of Claims and Litigation.
    (d) Process or pleadings in any legal proceeding concerning theCoast 
Guard may be served, at the option of the server, on the ChiefCounsel or 
the Deputy Chief Counsel of the Coast Guard with the sameeffect as if 
served on the Commandant of the Coast Guard. The officialaccepting the 
service under this section acknowledges the service andtakes 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 byCGD 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 andServices

    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 
chargeswhich shall be imposed by the Coast Guard for making copies 
orexcerpts of information or records, and for issuing certain 
duplicatedocuments, certificates, or licenses.
    (b) These fees and charges are imposed as required by Title V ofthe 
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 Congressthat fees 
and charges shall be charged for services rendered thepublic by Federal 
agencies in order that such services may beperformed 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 theBudget 
specify when certain services as specifically described in thissubpart 
will be furnished without charge.
    (b) The fees and charges prescribed in this subpart are 
notapplicable when requested by, or furnished to, the following 
persons,or under the following circumstances:

[[Page 25]]

    (1) A person who donated the original document.
    (2) A person who has an official, voluntary or 
cooperativerelationship to the Coast Guard in rendering services 
promoting safetyof life and property.
    (3) Any agency, corporation or branch of the Federal Government.
    (4) A person found guilty by an administrative law judge receivesone 
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 
documentsretained 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 byCGD 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 
insections 552(a) (2) and (3) of title 5, United States Code, by 
theDepartment of Transportation are in subpart I of title 49, Code 
ofFederal Regulations. The fee schedule for these services is 
containedin 49 CFR 7.95. The applicable fees are imposed and collected 
by theCoast Guard as prescribed in 49 CFR 7.93.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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; CGD77-065, 42 FR 31169, June 20, 
1977; CGD 89-085, 55 FR23930, 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 ofa 
vessel at the request of the owner thereof at a place other than aport 
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 ofposition 
held or the daily military compensation rate, as appropriate;
    (b) Travel expense based on the estimated cost of travel from 
andreturn to the nearest port of entry, customs station, or office of 
anofficer-in-charge, marine inspection; and
    (c) Daily subsistence expense from the time he leaves his 
officialduty station until he returns thereto.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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 
Guardvoyage for the purpose of oceanographic research is charged the 
costof each meal that he consumes while on board the Coast Guard vessel.
    (b) The person, company, association, or government agencyengaging a 
Coast Guard vessel for an oceanographic research study ischarged the 
daily cost of operating the vessel.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31U.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 
moneyorder or check payable to the ``Treasurer of the UnitedStates'' or 
``U.S. Coast Guard,'' and sent to theoffice of the Coast Guard 
performing the service or furnishing ordelivering the record, document, 
or certificate. If copy is to betransmitted by registered, air, or 
special delivery mail, postal feestherefor will be added to fees 
provided in this subpart (or the ordermust include postage stamps or 
stamped return envelopes).
    (b) The fee is payable in advance.

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

[[Page 26]]



    Subpart 1.26_Charges for Duplicate Medals, and Sales ofPersonal 
               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 shallbe 
imposed by the Coast Guard when the Coast Guard sells 
supplies,equipment, apparatus, temporary shelter, and services under 
certainspecified conditions as authorized by law.
    (b) These sales are intended to permit repayment of costs involvedin 
those instances which are ordinarily outside the scope of thosedistress 
services with which the Coast Guard is primarily concerned(14 U.S.C. 
88), or the equipment and apparatus are not readilyprocurable in the 
open market.



Sec. 1.26-5  Replacement of medals.

    (a) A medal, or a bar, emblem, or insignia in lieu thereof, thatis 
lost, destroyed, or rendered unfit for use without fault or neglecton 
the part of the person to whom it was awarded by the Coast Guard 
isreplaced 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 islost, 
destroyed, or rendered unfit for use due to the fault or neglectof the 
person to whom it was awarded, is replaced after the CoastGuard is 
reimbursed for its cost. Current prices may be obtained fromCommandant 
(G-WPM-3), 2100 2nd St. SW. Washington, DC 20593.

(Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. 937; 14U.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 byCGD 85-077, 51 FR 
25366, July 14, 1986; CGD 96-026, 61FR 33662, June 28, 1996]



Sec. 1.26-10  Sales to Coast Guard Auxiliary.

    (a) The provisions of Title 14, U.S. Code, section 891, 
authorizesthe Coast Guard to furnish the Coast Guard Auxiliary such 
items asflags, pennants, uniforms, and insignia at actual cost.
    (b) Sales of the following items (when available) are permitted 
tomembers 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 orequipment manufactured by 
or in use in the Coast Guard, which is notreadily 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 topublic and commercial vessels, and other 
watercraft. 49 U.S.C.44502(d) authorizes the Coast Guard to provide for 
assistance, thesale of fuel, oil, equipment, and supplies, to an 
aircraft whennecessary to allow the aircraft to continue to the nearest 
privateairport.
    (b) Charges established by District Commander. The chargesfor 
supplies and services which may be normally expected to befurnished to 
persons, corporations, companies, vessels, and otherwatercraft, and non-
Federal aircraft will vary between variousgeographical regions depending 
on local circumstances. The DistrictCommander is hereby delegated 
authority to prescribe and he shallestablish, in advance wherever 
practicable, the charges to be imposedand collected in various areas 
under his jurisdiction, which will bein accordance with the applicable 
general minimum terms and conditionsin the laws and this section. In 
those cases where the charges havenot been established in advance, the 
matter shall be priced on anindividual basis, taking into consideration 
the facts andcircumstances regarding the situation. The list(s) of 
chargesestablished by the District Commander shall be available for 
readingand copying at the office of the issuing District Commander, 
whichlist(s) will be up-dated and reissued when necessary.
    (c) Sales to vessels and other watercraft. (1) The chargesimposed 
for services are intended to permit repayment of costsinvolved in those 
instances where

[[Page 27]]

supplies and services arefurnished to meet the necessities of the 
circumstances, and suchvessels or watercraft are not within the scope of 
those distressservices performed by the Coast Guard.
    (2) Charges for sales of supplies and/or furnishing of servicesare 
considered appropriate when the furnishing of food, fuel, generalstores, 
or repairs to the vessel or its equipage are primarily for 
theconvenience of the owner, master, or crew, and furnished at his 
ortheir request. It is not intended and the Coast Guard does not 
procureand stock equipment and supplies except as provided for in 
currentinstructions issued by competent authority.
    (3) Supplies provided and services performed will be of a 
limitednature consistent with the situation and within the capabilities 
ofthe Coast Guard unit concerned; provided this will not be 
incompetition with commercial enterprise when such facilities 
areavailable and deemed adequate. It is not intended to permit 
theoperators of vessels or watercraft to take advantage of the 
Governmentby demanding free supplies or services. Determination as to 
whethercharges will be made is dependent upon the circumstances involved 
ineach instance. The responsibility to make this determination restswith 
the District Commander who may delegate it to his subordinates.
    (4) The minimum charge for any supplies or services furnished to 
avessel or other watercraft shall be $10. The prices for fuels 
andmaterials which may be sold will be at Coast Guard cost plus 
20percent or, if readily determinable, at the commercial price in 
theimmediate operating area, whichever is higher. The charges 
forservices furnished a vessel or watercraft will be an average 
costequal to the full price, plus taxes, that a boat owner would pay 
alocal commercial concern for such services.
    (5) The sales of supplies and services will be documented and 
willset forth the name, type, and identifying number of the vessel 
orwatercraft receiving supplies or services; name and address ofvessel's 
owner; and conditions under which it was determined to make asale to the 
vessel or watercraft. Wherever possible, payment shall beobtained at the 
time supplies and services are furnished.
    (d) Sales of equipment not readily procurable on the openmarket. 
Charges imposed for sales of apparatus and equipmentmanufactured by or 
in use in the Coast Guard which, in the opinion ofthe Commandant (FS), 
is not readily procurable in the open market, aresubject to the 
following conditions:
    (1) The apparatus or equipment has not been reported as excess tothe 
General Services Administration (if so reported, requests topurchase 
will be submitted by the Commandant (FS) to the GeneralServices 
Administration); and,
    (2) The apparatus or equipment is not classified for securityreasons 
or is not dangerous to the public health and safety; and,
    (3) The authorized buyers of this apparatus or equipment areforeign, 
State, or municipal governments or governmental unitsthereof; parties 
required to maintain private aids to navigation;contractors engaged on 
public works; and in other cases in which, inthe judgment of the 
Commandant (FS), the public interest may beserved; and,
    (4) The approved sales will be at prices determined by theCommandant 
(FS), which will include an overhead charge not to exceed25 percent of 
acquisition cost.
    (e) Sales to and storage of non-Federal aircraft. (1)Activities 
having the necessary supplies and facilities are authorizedto furnish 
fuel, oil, equipment, supplies, mechanical services,temporary storage, 
or other assistance to any aircraft operated byState, municipal, or 
private enterprise in emergency cases. Completeengines, airplane wings, 
or other major items of equipment shall notbe furnished without prior 
authority from the Commandant.
    (2) Aircraft damaged to the extent that major repairs are 
requiredmay be given emergency storage at the request of the pilot, 
providedthe necessary facilities are available. No such aircraft will be 
givena major or minor overhaul. Damaged aircraft may be stored in 
itsoriginal damaged condition. If aircraft requires extensive 
repairs,such as would include the replacing of

[[Page 28]]

major parts and such majorparts cannot be made available or supplied 
within a reasonable lengthof time by the operator of such aircraft, then 
the aircraft must beremoved from the Coast Guard reservation by the 
operator withoutdelay.
    (3) The Government will not assume any responsibility for any lossor 
damage incurred by such aircraft while on a Coast Guard reservationand 
the owner shall be required to remove the aircraft from thereservation 
at the earliest practicable date.
    (4) Storage charges for such aircraft on a Coast Guard 
reservationshall be as follows:
    (i) For the first 6 working days, no charge;
    (ii) For each calendar day thereafter, $3 for a single motor 
planeand $5 for a dual or multiengine plane.
    (5) In the absence of any information to the contrary regarding 
aparticular item or material, the price at which the item is carried 
instock, or on the Plant Property Record (book price) will be regardedas 
the fair market value.
    (6) When materials or services or both materials and services 
arefurnished an aircraft, a deposit equal to the estimated value of 
suchservices and materials as will be required shall be obtained 
inadvance of the rendition of the services and issuance of thematerials.
    (7) The charges for mechanical services rendered (other than 
inconnection with the arrival, refueling, and departure of 
airplanes)shall be an hourly charge for labor, with a minimum of 1 hour, 
whichshall be the equivalent to the schedule of wage rates for 
civilianpersonnel for the district (i.e., machinists, helpers, 
etc.),regardless of whether the services are performed by enlisted 
orcivilian 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 byUSCG-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 setforth in 
Title 22, U.S. Code, section 2351. The Executive Order No.10973 dated 
November 3, 1961 (26 FR 10469), describes theadministration of foreign 
assistance and related functions.
    (b) Diplomatic transactions. Sales of Coast Guard materialunder 
reimbursable aid will be by direction of the Commandant (FS) andas 
approved by the Office of the Chief of Naval Operations.Reimbursable aid 
transactions are diplomatic transactions and arenegotiated primarily 
between the respective foreign militaryattach[eacute] or other 
representatives of their embassy inWashington, DC, and the Office of the 
Chief of Naval Operations.Prices will be based on material cost only and 
estimates will notinclude packing, crating, and handling or 
transportation costs. Underreimbursable aid, transportation costs are 
borne by the purchasingcountry and shipments are usually accomplished on 
collect commercialbills of lading.



Sec. 1.26-25  Payment of charges.

    (a) The payment of charges shall be by postal money order or 
checkpayable to ``U.S. Coast Guard,'' and given or sent to theoffice of 
the Coast Guard performing the service or furnishing thesupplies, 
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 tothe ebb and 
          flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigablewaters, territorial 
          waters.
2.38 Waters subject to the jurisdiction of the UnitedStates; waters over 
          which the United States has jurisdiction.

[[Page 29]]

           Subpart C_Availability of Jurisdictional Decisions

2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification andavailability 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 ofHomeland Security Delegation No. 0170.1.

    Source: USCG-2001-9044, 68 FR 42598, July18, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 2.1  Purpose.

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

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR18JY03.046



Sec. 2.5  Specific definitions control.

    In cases where a particular statute, regulation, policy orprocedure 
provides a specific jurisdictional definition that differsfrom the 
definitions contained in this part, the former definitioncontrols.

    Note to Sec. 2.5: For example, the definition of``inland waters'' 
in the Inland Navigational Rules Act of1980 (33 U.S.C. 2003(o)) would 
control the interpretation of inland

[[Page 31]]

navigation rules created under that Act and the ``inlandwaters'' 
definition in 46 CFR 10.103 would control regulationsin 46 CFR part 10. 
Also, in various laws administered and enforced bythe Coast Guard, the 
terms ``State'' and ``UnitedStates'' are defined to include some or all 
of the territoriesand possessions of the United States. The definitions 
inSec. Sec. 2.36 and 2.38 should be considered assupplementary to these 
statutory definitions and not as interpretiveof them.



                     Subpart B_Jurisdictional Terms



Sec. 2.20  Territorial sea baseline.

    Territorial sea baseline means the line defining theshoreward extent 
of the territorial sea of the United States drawnaccording to the 
principles, as recognized by the United States, ofthe Convention on the 
Territorial Sea and the Contiguous Zone, 15U.S.T. 1606, and the 1982 
United Nations Convention on the Law of theSea (UNCLOS), 21 I.L.M. 1261. 
Normally, the territorial sea baselineis the mean low water line along 
the coast of the United States.
    Note to Sec. 2.20: Charts depicting theterritorial sea baseline are 
available for examination in accordancewith 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 mileswide, 
adjacent to the coast of the United States and seaward of theterritorial 
sea baseline, for--
    (i) Statutes included within subtitle II and subtitle VI, title46, 
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 theauthority of these statutes.
    (ii) Purposes of criminal jurisdiction pursuant to Title 18,United 
States Code.
    (iii) The special maritime and territorial jurisdiction as definedin 
18 U.S.C. 7.
    (iv) Interpreting international law.
    (v) Any other treaty, statute, or regulation, or amendmentthereto, 
interpreted by the Coast Guard as incorporating thedefinition of 
territorial sea as being 12 nautical miles wide,adjacent to the coast of 
the United States and seaward of theterritorial sea baseline.
    (2) Unless otherwise specified in paragraph (a)(1) of thissection, 
territorial sea means the waters, 3 nautical mileswide, adjacent to the 
coast of the United States and seaward of theterritorial sea baseline.
    (3) In cases where regulations are promulgated under the authorityof 
statutes covered by both paragraphs (a)(1) and (a)(2) of thissection, 
the Coast Guard may use the definition of territorial sea inparagraph 
(a)(1) of this section.
    (b) With respect to any other nation, territorial sea meansthe 
waters adjacent to its coast that have a width and baselinerecognized by 
the United States.

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



Sec. 2.24  Internal waters.

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



Sec. 2.26  Inland waters.

    Inland waters means the waters shoreward of the territorialsea 
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 inDepartment of State Public 
Notice 358 of June 1, 1972 and that extendsfrom 3 nautical miles to 12 
nautical miles as measured from theterritorial sea baseline.
    (b) For all other purposes, contiguous zone means all waterswithin 
the area adjacent to and seaward of the territorial sea, asdefined in 
Sec. 2.22(a), and extending to 24 nautical milesfrom the territorial 
sea baseline, but in no case extending within theterritorial sea of

[[Page 32]]

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



Sec. 2.30  Exclusive Economic Zone.

    (a) With respect to the United States, including the Commonwealthof 
Puerto Rico, the Commonwealth of the Northern Mariana Islands,Guam, 
American Samoa, the United States Virgin Islands, and any otherterritory 
or possession over which the United States exercisessovereignty, 
exclusive economic zone means the zone seaward ofand adjacent to the 
territorial sea, as defined inSec. 2.22(a), including the contiguous 
zone, and extending200 nautical miles from the territorial sea baseline 
(except whereotherwise limited by treaty or other agreement recognized 
by theUnited States) in which the United States has the sovereign rights 
andjurisdiction and all nations have the high seas freedoms mentioned 
inPresidential Proclamation 5030 of March 10, 1983.
    (b) Under customary international law as reflected in Article 56of 
the 1982 United Nations Convention on the Law of the Sea, and 
withrespect to other nations, exclusive economic zone means thewaters 
seaward of and adjacent to the territorial sea, not extendingbeyond 200 
nautical miles from the territorial sea baseline, asrecognized by the 
United States.



Sec. 2.32  High seas.

    (a) For purposes of special maritime and territorial jurisdictionof 
the United States as defined in 18 U.S.C. 7, high seas meansall 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 of1980 (33 
U.S.C. Chapter 34), high seas means the waters seawardof any lines 
established under these statutes, including the linesdescribed in part 
80 of this chapter and 46 CFR part 7.
    (c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C.409, 
and 33 U.S.C. 1471 et seq., high seas includes theexclusive economic 
zones of the United States and other nations, aswell as those waters 
that are seaward of territorial seas of theUnited States and other 
nations.
    (d) Under customary international law as reflected in the 1982United 
Nations Convention on the Law of the Sea and without prejudiceto high 
seas freedoms that may be exercised within exclusive economiczones 
pursuant to article 58 of the United Nations Convention on theLaw of the 
Sea, and unless the context clearly requires otherwise(e.g., The 
International Convention Relating to Intervention on theHigh Seas in 
Cases of Oil Pollution Casualties, 1969, includingannexes thereto), high 
seas means all waters that are not theexclusive economic zone (as 
defined in Sec. 2.30),territorial sea (as defined in Sec. 2.22), or 
internalwaters of the United States or any other nation.

[USCG-2001-9044, 68 FR 42598, July 18, 2003, asamended by USCG-2007-
27887, 72 FR 45902, Aug. 16, 2007]



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

    (a) Waters subject to tidal influence and waters subject to theebb 
and flow of the tide are waters below mean high water. Theseterms do not 
include waters above mean high water caused by floodflows, storms, high 
winds, seismic waves, or other non-lunarphenomena.
    (b) Mean high water is the average of the height of thediurnal high 
water at a particular location measured over a lunarcycle of 19 years.



Sec. 2.36  Navigable waters of the United States, navigable waters, andterritorial waters.

    (a) Except as provided in paragraph (b) of this section,navigable 
waters of the United States, navigable waters, andterritorial waters 
mean, except where Congress has designatedthem 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 
tidalinfluence; and
    (3) Internal waters of the United States not subject to 
tidalinfluence that:

[[Page 33]]

    (i) Are or have been used, or are or have been susceptible foruse, 
by themselves or in connection with other waters, as highways 
forsubstantial interstate or foreign commerce, notwithstanding natural 
orman-made obstructions that require portage, or
    (ii) A governmental or non-governmental body, having expertise 
inwaterway improvement, determines to be capable of improvement at 
areasonable cost (a favorable balance between cost and need) toprovide, 
by themselves or in connection with other waters, as highwaysfor 
substantial interstate or foreign commerce.
    (b) Navigable waters of the United States and navigablewaters, as 
used in sections 311 and 312 of the Federal WaterPollution 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 
tributarythereto; and
    (2) Other waters over which the Federal Government may 
exerciseConstitutional authority.



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

    Waters subject to the jurisdiction of the United States andwaters 
over which the United States has jurisdiction mean thefollowing waters--
    (a) Navigable waters of the United States, as defined inSec. 
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 
acquiredtitle or controls and--
    (1) Has accepted jurisdiction according to 40 U.S.C. 255; or
    (2) Has retained concurrent or exclusive jurisdiction from thedate 
that the State in which the lands are located entered the Union.
    (c) Waters made subject to the jurisdiction of the United Statesby 
operation of the international agreements and statutes relating tothe 
former Trust Territory of the Pacific Islands, and waters withinthe 
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 
navigabilitydeterminations of specific waterways, or portions thereof, 
in order todetermine its jurisdiction on those waterways. Copies of 
thesedeterminations are maintained by the District Commander in 
whosedistrict the waterway is located.
    (b) If the district includes portions of the territorial sea,charts 
reflecting Coast Guard decisions as to the location of theterritorial 
sea baseline for the purposes of Coast Guard jurisdictionare maintained 
by the District Commander in whose district the portionof the 
territorial sea is located.



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

    The determinations referred to in Sec. 2.40 are subjectto change or 
modification. The determinations are made for Coast Guarduse at the 
request of Coast Guard officials. Determinations made orsubsequently 
changed are available to the public underSec. 1.10-5(b) of this 
chapter. Inquiries concerningwhether a determination has been made for 
specific waters, for thepurposes of Coast Guard jurisdiction, should be 
directed to theDistrict Commander of the district in which the waters 
are located.



PART 3_COAST GUARD AREAS, DISTRICTS, SECTORS,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 Sector Boston Marine Inspection Zone andCaptain of the Port 
          Zone.

[[Page 34]]

3.05-15 Sector Northern New England MarineInspection Zone and Captain of 
          the Port Zone.
3.05-20 Sector Southeastern New England MarineInspection Zone and 
          Captain of the Port Zone.
3.05-30 Sector New York Marine Inspection Zone andCaptain of the Port 
          Zone.
3.05-35 Sector Long Island Sound Marine InspectionZone and Captain of 
          the Port Zone.

                 Subpart 3.25_Fifth Coast Guard District

3.25-1 Fifth district.
3.25-05 Sector Delaware Bay Marine Inspection Zoneand Captain of the 
          Port Zone.
3.25-10 Sector Hampton Roads Marine Inspection Zoneand Captain of the 
          Port Zone.
3.25-15 Sector Baltimore Marine Inspection Zone andCaptain of the Port 
          Zone.
3.25-20 Sector North Carolina Marine Inspection Zoneand Captain of the 
          Port Zone; Marine Safety Unit Wilmington: Cape FearRiver 
          Marine Inspection and Captain of the Port Zones.

                Subpart 3.35_Seventh Coast Guard District

3.35-1 Seventh district.
3.35-10 Sector Miami Marine Inspection Zone andCaptain of the Port Zone.
3.35-15 Sector Charleston Marine Inspection Zone andCaptain of the Port 
          Zone; Marine Safety Unit Savannah.
3.35-20 Sector Jacksonville Marine Inspection Zoneand Captain of the 
          Port Zone.
3.35-25 Sector San Juan Marine Inspection Zone andCaptain of the Port 
          Zone.
3.35-35 Sector St. Petersburg Marine Inspection Zoneand Captain of the 
          Port Zone.
3.35-40 Sector Key West Marine Inspection Zone andCaptain of the Port 
          Zone.

                Subpart 3.40_Eighth Coast Guard District

3.40-1 Eighth district.
3.40-10 Sector Mobile Marine Inspection Zone andCaptain of the Port 
          Zone.
3.40-15 Sector New Orleans Marine Inspection Zone andCaptain of the Port 
          Zone; Marine Safety Unit Morgan City.
3.40-28 Sector Houston-Galveston Marine InspectionZone and Captain of 
          the Port Zone; Marine Safety Unit Port Arthur.
3.40-35 Sector Corpus Christi Marine Inspection Zoneand Captain of the 
          Port Zone.
3.40-40 Sector Upper Mississippi River MarineInspection Zone and Captain 
          of the Port Zone.
3.40-60 Sector Lower Mississippi River MarineInspection Zone and Captain 
          of the Port Zone.
3.40-65 Sector Ohio Valley Marine Inspection Zone andCaptain of the Port 
          Zone; Marine Safety Unit Pittsburgh.

                 Subpart 3.45_Ninth Coast Guard District

3.45-1 Ninth district.
3.45-10 Sector Buffalo Marine Inspection Zone andCaptain of the Port 
          Zone.
3.45-15 Sector Lake Michigan Marine Inspection Zoneand Captain of the 
          Port Zone.
3.45-20 Sector Detroit Marine Inspection Zone andCaptain of the Port 
          Zone.
3.45-45 Sector Sault Ste. Marie Marine InspectionZone and Captain of the 
          Port Zone; Marine Safety Unit Duluth.

               Subpart 3.55_Eleventh Coast Guard District

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

              Subpart 3.65_Thirteenth Coast Guard District

3.65-1 Thirteenth district.
3.65-10 Sector Seattle: Puget Sound Marine InspectionZone and Captain of 
          the Port Zone.
3.65-15 Sector Portland Marine Inspection Zone andCaptain of the Port 
          Zone.

              Subpart 3.70_Fourteenth Coast Guard District

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

              Subpart 3.85_Seventeenth Coast Guard District

3.85-1 Seventeenth district.
3.85-10 Sector Juneau: Southeast Alaska MarineInspection Zone and 
          Captain of the Port Zones.
3.85-15 Sector Anchorage: Western Alaska MarineInspection Zone and 
          Captain of the Port Zones; Marine Safety UnitValdez: Prince 
          William Sound Marine Inspection and Captain of the PortZones.

    Authority: 14 U.S.C. 92; Pub. L. 107-296, 116Stat. 2135; Department 
of Homeland Security Delegation No. 0170.1,para. 2(23).

[[Page 35]]



                     Subpart 3.01_General Provisions



Sec. 3.01-1  General description.

    (a) The Coast Guard's general organization for the performance ofits 
assigned functions and duties consists of the Commandant, assistedby the 
Headquarters staff, two Area Offices to act as intermediateechelons of 
operational command, and District and Sector Offices toprovide regional 
direction and coordination. Area, District, andSector offices operate 
within defined geographical areas of the UnitedStates, its territories, 
and possessions, including portions of thehigh seas adjacent thereto. 
They are established by the Commandant andtheir areas of responsibility 
are described in this part.
    (b) The two Coast Guard Areas are the Atlantic Area and thePacific 
Area. A Coast Guard Area Commander is in command of a CoastGuard Area. 
The Atlantic Area Office is collocated with the FifthCoast Guard 
District Office. The Pacific Area Office is collocatedwith the Eleventh 
Coast Guard District Office. Area Commanders areresponsible for 
determining when operational matters require thecoordination of forces 
and facilities of more than one district.
    (c) A Coast Guard District Commander is in command of a CoastGuard 
District and the District Commander's office may be referred toas a 
Coast Guard District Office. The District Commander's duties 
aredescribed in Sec. 1.01-1 of this subchapter.
    (d)(1) A Coast Guard Sector Commander is in command of a CoastGuard 
Sector and the Sector Commander's office is referred to as aCoast Guard 
Sector Office. The Sector Commander is responsible for allCoast Guard 
missions within the sector's area of responsibility. TheSector 
Commander's authorities include Search and Rescue MissionCoordinator, 
Federal Maritime Security Coordinator, Federal On-SceneCoordinator, and, 
in most Sectors, Officer in Charge Marine Inspection(OCMI) and Captain 
of the Port (COTP). In his or her capacities asOCMI and COTP, the Sector 
Commander is responsible for a MarineInspection Zone and COTP Zone.
    (2) In some Sectors, a Marine Safety Unit (MSU) retains OCMI andCOTP 
authority over a designated portion of the Sector's area 
ofresponsibility. In such cases, OCMI and COTP authority is exercised 
bythe MSU Commander, not the Sector Commander. The appeal of a COTPorder 
or OCMI matter is routed from the MSU Commander through theSector 
Commander and then to the District Commander.
    (e) An OCMI is in command of a Marine Inspection Zone and his orher 
office may be referred to as a Coast Guard Marine InspectionOffice. The 
OCMI's duties are described inSec. 1.01-20 of this subchapter.
    (f) A COTP is in command of a COTP Zone and his or her office maybe 
referred to as a COTP Office. The COTP's duties are described inSec. 
1.01-30 of this subchapter.
    (g) Each COTP Zone and each Marine Inspection Zone described inthis 
part also includes the United States territorial seas adjacent tothe 
described area or zone for the purpose of enforcing or actingpursuant to 
a statute effective in the United States territorial seas.Each COTP Zone 
and each Marine Inspection Zone described in this partalso includes the 
contiguous zone adjacent to the area or zone for thepurpose of enforcing 
or acting pursuant to a statute effective in thecontiguous zone, as 
defined in Sec. 2.28 of this subchapter.Each COTP Zone and each Marine 
Inspection Zone described in this partalso includes the exclusive 
economic zone (EEZ) adjacent to the areafor the purpose of enforcing or 
acting pursuant to a statute effectivein the EEZ, as defined in Sec. 
2.30 of this subchapter.
    (h) Geographic descriptions used in this part are based 
uponboundaries and points located using the WGS 1984 world grid 
system.When referenced, the outermost extent of the U.S. EEZ is the line 
ofdemarcation produced by the National Oceanic and 
AtmosphericAdministration (NOAA) using the NAD 1983 coordinate system 
andprojected to the WGS 1984 grid system. Both coordinate systems 
aregeocentric and similar such that they are Global Positioning 
System(GPS) compatible throughout the area of concern. Resolution is 
basedupon ddmmss readings to tenths of a second. This corresponds to 
apositional precision of about 2

[[Page 36]]

meters. Decimal degreesto 5 decimal places correspond to a positional 
precision of about1 meter. State boundaries used 
to determine points fordescriptions of jurisdictional limits were based 
upon the NationalTransportation Atlas Database 2003 produced by the 
Bureau ofTransportation Statistics. This data set was produced at a 
scale of1:100,000 and theoretically results in a nationwide 
locationalaccuracy of about 50 meters of true 
position.

[USCG-2006-25556, 72 FR 36318, July 2, 2007]



Sec. 3.01-5  Assignment of functions.

    Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizesthe 
Commandant of the Coast Guard to exercise certain functions,powers, and 
duties vested in the Secretary of Homeland Security bylaw. The general 
statements of policy in the rules describing CoastGuard 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 byUSCG-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 
CoastGuard Districts and the ocean areas lying east of a line 
extendingfrom the North Pole south along 95[deg] W. longitude to the 
NorthAmerican land mass; thence along the east coast of the North, 
Central,and South American land mass to the intersection with 70[deg] 
W.longitude; thence due south to the South Pole. These waters extendeast 
to the Eastern Hemisphere dividing line between the Atlantic andPacific 
Areas which lies along a line extending from the North Polesouth along 
100[deg] E. longitude to the Asian land mass and along aline extending 
from the South Pole north along 17[deg] E. longitudeto the African land 
mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended byCGD 87-008, 52 FR 
13083, Apr. 21, 1987; CGD 96-025, 61FR 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, 
andSeventeenth Coast Guard Districts and the ocean areas lying west of 
aline extending from the North Pole south along 95[deg] W. longitudeto 
the North American land mass; thence along the west coast of theNorth, 
Central, and South American land mass to the intersection with70[deg] W. 
longitude; thence due south to the South Pole. Thesewaters extend west 
to the Eastern Hemisphere dividing line between theAtlantic and Pacific 
Areas which lies along a line extending from theNorth Pole south along 
100[deg] E. longitude to the Asian land massand 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 byCGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61FR 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; 
NewHampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New 
Yorkexcept that part north of latitude 42[deg] N. and west of 
longitude74[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 ofa line from 40[deg]18[min] N. 74[deg]30.5[min] W. north-
northwesterly to the New York, New Jersey & Pennsylvaniaboundaries at 
Tristate; all U.S. Naval reservations on shore atNewfoundland; the ocean 
area encompassed by the Search and Rescueboundary between Canada and the 
United States easterly to longitude63[deg] W.; thence due south to 
latitude 41[deg] N.;

[[Page 37]]

thencesouthwesterly along a line bearing 219[deg]T to the point 
ofintersection at 37[deg] N. latitude, 67[deg]13[min] W. longitudewith a 
line bearing 122[deg]T from the New Jersey shoreline at40[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 byCGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-016, 61FR 21958, May 13, 1996]



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

    Sector Boston's office is located in Boston, MA. The boundaries 
ofSector Boston's Marine Inspection Zone and Captain of the Port 
Zonestart at the boundary of the Massachusetts-New Hampshire coasts 
atlatitude 42[deg]52[min]20[sec] N, long 70[deg]49[min]02[sec] W;thence 
proceeding east to the outermost extent of the EEZ at a pointlatitude 
42[deg]52[min]18[sec] N, longitude67[deg]43[min]53[sec] W; thence 
southeast along the outermostextent of the EEZ to a point at latitude 
42[deg]08[min]00[sec] N,longitude 67[deg]08[min]17[sec] W; thence west 
to a point atlatitude 42[deg]08[min]00[sec] N, 
longitude70[deg]15[min]00[sec] W; thence southwest to the 
Massachusettscoast near Manomet Point at latitude 41[deg]55[min]00[sec] 
N,longitude 70[deg]33[min]00[sec] W; thence northwest to 
latitude42[deg]04[min]00[sec] N, longitude 71[deg]06[min]00[sec] 
W;thence to the Massachusetts-Rhode Island boundary at a point 
latitude42[deg]01[min]08[sec] N, longitude 71[deg]22[min]53[sec] 
W;thence west along the southern boundary of Massachusetts, except 
thewaters of Congamond Lakes, to the Massachusetts-New York boundary 
atlatitude 42[deg]02[min]59[sec] N, longitude73[deg]29[min]49[sec] W; 
thence north along the Massachusetts-NewYork boundary to the 
Massachusetts-New York-Vermont boundaries at apoint latitude 
42[deg]44[min]45[sec] N, longitude73[deg]15[min]54[sec] W; thence east 
along the entire extent of thenorthern Massachusetts boundary to the 
point of origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007]



Sec. 3.05-15  Sector Northern New England Marine Inspection Zone and Captain ofthe Port Zone.

    Sector Northern New England's office is located in Portland, ME.The 
boundaries of Sector Northern New England's Marine Inspection Zoneand 
Captain of the Port Zone start at the boundary of theMassachusetts-New 
Hampshire coast at latitude 42[deg]52[min]20[sec]N, longitude 
70[deg]49[min]02[sec] W; thence proceeding east to theoutermost extent 
of the EEZ at a point latitude42[deg]52[min]18[sec] N, longitude 
67[deg]43[min]53[sec] W;thence proceeding north along the outermost 
extent of the EEZ to theUnited States-Canadian boundary; thence west 
along the United States-Canadian boundary and along the outermost extent 
of the EEZ to a pointat latitude 44[deg]59[min]58[sec] N, 
longitude74[deg]39[min]00[sec] W; thence south to 
latitude43[deg]36[min]00[sec] N, longitude 74[deg]39[min]00[sec] 
W;thence east through Whitehall, NY, to the New York-Vermont border 
atlatitude 43[deg]33[min]2.8[sec] N, longitude73[deg]15[min]01[sec] W; 
thence south along the Vermont boundary tothe Massachusetts boundary at 
latitude 42[deg]44[min]45[sec] N,longitude 73[deg]15[min]54[sec] W; 
thence east along the entireextent of the northern Massachusetts 
boundary to the point of origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007]



Sec. 3.05-20  Sector Southeastern New England Marine Inspection Zone and Captainof the Port Zone.

    Sector Southeastern New England's office is located in 
Providence,RI. The boundaries of Sector Southeastern New England's 
MarineInspection Zone and Captain of the Port Zone start on 
theMassachusetts coast at Manomet Point at latitude41[deg]55[min]00[sec] 
N, longitude 70[deg]33[min]00[sec] W;thence northeast to latitude 
42[deg]08[min]00[sec] N, longitude70[deg]15[min]00[sec] W; thence east 
to the outermost extent of theEEZ at latitude 42[deg]08[min]00[sec] N, 
longitude67[deg]08[min]17[sec] W; thence south along the outermost 
extent ofthe EEZ to latitude 38[deg]24[min]45[sec] N, 
longitude67[deg]41[min]26[sec] W; thence northwest to a point near 
WatchHill Light, RI, at latitude 41[deg]18[min]14[sec] N, 
longitude71[deg]51[min]30[sec] W; thence northeast to Westerly, RI, 
atlatitude 41[deg]21[min]00[sec] N, longitude71[deg]48[min]30[sec] W; 
thence north to latitude41[deg]25[min]00[sec] N, longitude 
71[deg]48[min]00[sec] W;thence north along the Connecticut-Rhode Island 
boundary, includingthe waters of Beach Pond, to the Massachusetts 
boundary; thence eastalong the Massachusetts-Rhode Island boundary to 
the northeastern mostcorner of Rhode Island; thence

[[Page 38]]

northeast to latitude42[deg]04[min]00[sec] N, longitude 
71[deg]06[min]00[sec] W;thence southeast to the point of origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007]



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

    Sector New York's office is located in New York City, NY. 
Theboundaries of Sector New York's Marine Inspection Zone and Captain 
ofthe Port Zone start near the south shore of Long Island at 
latitude40[deg]35[min]24[sec] N, longitude 73[deg]46[min]36[sec] 
Wproceeding southeast to a point at latitude 38[deg]28[min]00[sec]N, 
longitude 70[deg]11[min]00[sec] W; thence northwest to a pointnear the 
New Jersey coast at latitude 40[deg]18[min]00[sec] N,longitude 
73[deg]58[min]40[sec] W; thence west along latitude40[deg]18[min]00[sec] 
N to longitude 74[deg]30[min]30[sec] W;thence northwest to the 
intersection of the New York-New Jersey-Pennsylvania boundaries near 
Tristate at latitude41[deg]21[min]27[sec] N, longitude 
74[deg]41[min]42[sec] W;thence northwest along the east bank of the 
Delaware River to latitude42[deg]00[min]00[sec] N, longitude 
75[deg]21[min]28[sec] W;thence east to longitude 74[deg]39[min]00[sec] 
W; thence north tolatitude 43[deg]36[min]00[sec] N; thence east through 
Whitehall,NY, to the New York-Vermont border at 
latitude43[deg]33[min]03[sec] N, longitude 73[deg]15[min]01[sec] 
W;thence south along the New York boundary to 
latitude41[deg]01[min]30[sec] N, longitude 73[deg]40[min]00[sec] 
W;thence south to a point near the southern shore of Manursing Island 
atlatitude 40[deg]58[min]00[sec] N, longitude73[deg]40[min]00[sec] W; 
thence southeasterly to latitude40[deg]52[min]30[sec] N, longitude 
73[deg]37[min]12[sec] W;thence south to latitude 40[deg]40[min]00[sec] 
N, longitude73[deg]40[min]00[sec] W; thence southwest to the point of 
origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007]



Sec. 3.05-35  Sector Long Island Sound Marine Inspection Zone and Captain of thePort Zone.

    Sector Long Island Sound's office is located in New Haven, CT. 
Theboundaries of Sector Long Island Sound's Marine Inspection Zone 
andCaptain of the Port Zone start near the south shore of Long Island 
atlatitude 40[deg]35[min]24[sec] N, longitude73[deg]46[min]36[sec] W 
proceeding northeast to latitude40[deg]40[min]00[sec] N, longitude 
73[deg]40[min]00[sec] W;thence to latitude 40[deg]52[min]30[sec] N, 
longitude73[deg]37[min]12[sec] W; thence northwest to a point near 
thesouthern shore of Manursing Island at latitude40[deg]58[min]00[sec] 
N, longitude 73[deg]40[min]00[sec] W;thence north to the Connecticut-New 
York boundary at latitude41[deg]01[min]30[sec] N, longitude 
73[deg]40[min]00[sec] W;thence north along the western boundary of 
Connecticut to theMassachusetts-Connecticut boundary at 
latitude42[deg]02[min]59[sec] N, longitude 73[deg]29[min]15[sec] 
W;thence east along the southern boundary of Massachusetts, includingthe 
waters of the Congamond Lakes, to the Rhode Island boundary atlatitude 
42[deg]00[min]29[sec] N, longitude71[deg]47[min]57[sec] W; thence south 
along the Connecticut-RhodeIsland boundary, excluding the waters of 
Beach Pond, to latitude41[deg]24[min]00[sec] N, longitude 
71[deg]48[min]00[sec] W;thence south to latitude 41[deg]21[min]00[sec] 
N, longitude71[deg]48[min]30[sec] W near Westerly, RI; thence southwest 
to apoint near Watch Hill Light, RI, at latitude 41[deg]18[min]14[sec]N, 
longitude 71[deg]51[min]30[sec] W; thence southeast to theoutermost 
extent of the EEZ at a point latitude38[deg]24[min]45[sec] N, longitude 
67[deg]41[min]26[sec] W;thence southwest along the outermost extent of 
the EEZ to a pointlatitude 37[deg]56[min]50[sec] N, 
longitude69[deg]18[min]15[sec] W; thence northwest to 
latitude38[deg]28[min]00[sec] N, longitude 70[deg]11[min]00[sec] 
W;thence northwest to the point of origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007]



                 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: NorthCarolina; 
Virginia; District of Columbia; Maryland; Delaware; thatpart of 
Pennsylvania east of a line drawn along 78[deg]55[min] W.longitude south 
to 41[deg]00[min] N. latitude, thence west to79[deg]00[min] W. 
longitude, and thence south to the Pennsylvania-Maryland boundary; that 
portion of New Jersey that lies south and westof a line drawn from the 
New Jersey shoreline at 40[deg]18[min] N.latitude (just south of the 
Shrewsbury River), thence westward to40[deg]18[min] N. latitude, 
74[deg]30.5[min] W. longitude, thencenorth-northwesterly to the junction 
of the New York, New Jersey, andPennsylvania boundaries at Tristate; and 
the ocean area encompassed bya line bearing 122[deg]T from the coastal

[[Page 39]]

end of the First andFifth Districts' land boundary at the intersection 
of the New Jerseyshoreline and 40[deg]18[min] N. latitude (just south of 
theShrewsbury River) to the southernmost point in the First Coast 
GuardDistrict (a point located at approximately 37[deg] N. 
latitude,67[deg]13[min] W. longitude); thence along a line bearing 
219[deg]Tto the point of intersection with the ocean boundary between 
the Fifthand Seventh Coast Guard Districts, which is defined as a line 
bearing122[deg]T from the coastal end of the Fifth and Seventh 
Districts'land boundary at the shoreline at the North Carolina-South 
Carolinaborder, 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 byCGD 87-008, 52 FR 
13084, Apr. 21, 1987; 52 FR 16480, May 5,1987; CGD 87-008b, 52 FR 25217, 
July 6, 1987; CGD96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-05  Sector Delaware Bay Marine Inspection Zone and Captain of the PortZone.

    Sector Delaware Bay's office is located in Philadelphia, PA. 
Theboundaries of Sector Delaware Bay's Marine Inspection Zone and 
Captainof the Port Zone start near the New Jersey coast at 
latitude40[deg]18[min]00[sec] N, longitude 73[deg]58[min]40[sec] 
W,proceeding west to latitude 40[deg]18[min]00[sec] N, 
longitude74[deg]30[min]30[sec] W, thence north-northwest to the junction 
ofthe New York, New Jersey, and Pennsylvania boundaries near Tristate 
atlatitude 41[deg]21[min]27[sec] N, longitude74[deg]41[min]42[sec] W; 
thence northwest along the east bank ofthe Delaware River to latitude 
42[deg]00[min]00[sec] N, longitude75[deg]21[min]28[sec] W; thence west 
along the New York-Pennsylvania boundary to latitude 
42[deg]00[min]00[sec] N,longitude 78[deg]54[min]58[sec] W; thence south 
to latitude41[deg]00[min]00[sec] N, longitude 78[deg]54[min]58[sec] 
W;thence west to latitude 41[deg]00[min]00[sec] N, 
longitude79[deg]00[min]00[sec] W; thence south to the Pennsylvania-
Marylandboundary at latitude 39[deg]43[min]22[sec] N, 
longitude79[deg]00[min]00[sec] W; thence east to the intersection of 
theMaryland-Delaware boundary at latitude 39[deg]43[min]22[sec] 
N,longitude 75[deg]47[min]17[sec] W; thence south along the Maryland-
Delaware boundary to latitude 38[deg]27[min]37[sec] N, 
longitude75[deg]41[min]35[sec] W and east along the Maryland-
Delawareboundary to and including Fenwick Island Light at 
latitude38[deg]27[min]03[sec] N, longitude 75[deg]02[min]55[sec] W. 
Theoffshore boundary starts at Fenwick Island Light and proceeds east 
toa point at latitude 38[deg]26[min]25[sec] N, 
longitude74[deg]26[min]46[sec] W; thence southeast to 
latitude37[deg]19[min]14[sec] N, longitude 72[deg]13[min]13[sec] 
W;thence east to the outermost extent of the EEZ at 
latitude37[deg]19[min]14[sec] N, longitude 71[deg]02[min]54[sec] 
W;thence northeast along the outermost extent of the EEZ to 
latitude37[deg]56[min]50[sec] N, longitude 69[deg]18[min]15[sec] 
W;thence northwest to latitude 38[deg]28[min]00[sec] N, 
longitude70[deg]11[min]00[sec] W; thence northwest to a point near the 
NewJersey coast at latitude 40[deg]18[min]00[sec] N, 
longitude73[deg]58[min]40[sec] W.

[USCG-2006-25556, 72 FR 36320, July 2, 2007]



Sec. 3.25-10  Sector Hampton Roads Marine Inspection Zone and Captain of thePort Zone.

    Sector Hampton Roads' office is located in Portsmouth, VA. 
Theboundaries of Sector Hampton Roads' Marine Inspection Zone and 
Captainof the Port Zone start at a point on the Delaware-Maryland 
boundary atlatitude 38[deg]00[min]18[sec] N, 
longitude75[deg]30[min]00[sec] W and proceeds north to the Delaware-
Marylandboundary at latitude 38[deg]27[min]15[sec] N, 
longitude75[deg]30[min]00[sec] W; thence east along the Delaware-
Marylandboundary to the intersection of the Maryland-Delaware boundary 
and thecoast at latitude 38[deg]27[min]03[sec] N, 
longitude75[deg]02[min]55[sec] W thence east to a point at 
latitude38[deg]26[min]25[sec] N, longitude 74[deg]26[min]46[sec] 
W;thence southeast to latitude 37[deg]19[min]14[sec] N, 
longitude72[deg]13[min]13[sec] W; thence east to the outermost extent of 
theEEZ at latitude 37[deg]19[min]14[sec] N, 
longitude71[deg]02[min]54[sec] W; thence south along the outermost 
extent ofthe EEZ to a point latitude 36[deg]33[min]00[sec] N, 
longitude71[deg]29[min]34[sec] W; thence west along 
latitude36[deg]33[min]00[sec] N to the Virginia-North Carolina boundary 
atlatitude 36[deg]33[min]00[sec] N, longitude75[deg]52[min]00[sec] W; 
thence west along the Virginia-NorthCarolina boundary to the 
intersection of Virginia-North Carolina-Tennessee; thence along the 
Virginia-Tennessee boundary to theintersection of Virginia-Tennessee-
Kentucky; thence northeast alongthe Virginia-Kentucky boundary to the 
intersection of Virginia-Kentucky-West Virginia; thence northeast along 
the Virginia-WestVirginia boundary to the intersection of the Virginia-
WestVirginia-

[[Page 40]]

Maryland boundary; thence southeast along the Virginia-Maryland and 
Virginia-District of Columbia boundaries as thoseboundaries are formed 
along the southern bank of the Potomac River tothe Chesapeake Bay; 
thence east along the Virginia-Maryland boundaryas it proceeds across 
the Chesapeake Bay, Tangier and Pocomoke Sounds,Pocomoke River, and 
Delmarva Peninsula; thence east along theVirginia-Maryland boundary to 
the point of origin.

[USCG-2006-25556, 72 FR 36320, July 2, 2007]



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

    Sector Baltimore's office is located in Baltimore, MD. Theboundaries 
of Sector Baltimore's Marine Inspection Zone and Captain ofthe Port Zone 
start at a point latitude 38[deg]27[min]15[sec] N,longitude 
75[deg]30[min]00[sec] W. on the Delaware-Marylandboundary, proceeding 
along the Delaware-Maryland boundary west to apoint at latitude 
38[deg]27[min]37[sec] N, longitude75[deg]41[min]35[sec] W and north to 
the Pennsylvania boundary at apoint latitude 39[deg]43[min]22[sec] N, 
longitude75[deg]47[min]17[sec] W; thence west along the Pennsylvania-
Maryland boundary to the West Virginia boundary at a point 
latitude39[deg]43[min]16[sec] N, longitude 79[deg]28[min]36[sec] 
W;thence south and east along the Maryland-West Virginia boundary to 
theintersection of the Maryland-Virginia-West Virginia boundaries at 
apoint latitude 39[deg]19[min]17[sec] N, longitude77[deg]43[min]08[sec] 
W; thence southwest along the Loudoun County,VA boundary to the 
intersection with Fauquier County, VA at a pointlatitude 
39[deg]00[min]50[sec] N, longitude77[deg]57[min]43[sec] W; thence east 
along the Loudoun County, VAboundary to the intersection with the Prince 
William County, VAboundary at a point latitude 38[deg]56[min]34[sec] N, 
longitude77[deg]39[min]18[sec] W; thence south along the Prince 
WilliamCounty boundary to the intersection with Stafford County, VA, at 
apoint latitude 38[deg]33[min]22[sec] N, longitude77[deg]31[min]52[sec] 
W; thence east along the Prince WilliamCounty, VA boundary to a point 
near the western bank of the PotomacRiver at latitude 
38[deg]30[min]11[sec] N, longitude77[deg]18[min]01[sec] W; thence south 
and east along the southernbank of the Potomac River to the Maryland-
Virginia boundary at a pointlatitude 37[deg]53[min]25[sec] N, 
longitude76[deg]14[min]12[sec] W; thence east along the Maryland-
Virginiaboundary as it proceeds across the Chesapeake Bay, Tangier 
andPocomoke Sounds, Pocomoke River, and Delmarva Peninsula to a point 
onthe Maryland-Virginia boundary near the Atlantic coast at 
latitude38[deg]00[min]18[sec] N, longitude 75[deg]30[min]00[sec] 
W;thence north to the Delaware-Maryland boundary at the point of origin.

[USCG-2006-25556, 72 FR 36320, July 2, 2007]



Sec. 3.25-20  Sector North Carolina Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Wilmington: Cape Fear River MarineInspection and 
          Captain of the Port Zones.

    Sector North Carolina's office is located in Fort Macon, NC. 
Asubordinate unit, Marine Safety Unit (MSU) Wilmington, is located 
inWilmington, NC.
    (a) The boundaries of Sector North Carolina's Marine InspectionZone 
and Captain of the Port Zone start at the sea on the NorthCarolina-
Virginia border at latitude 36[deg]33[min]00[sec] N,longitude 
75[deg]52[min]00[sec] W, proceeding west along the NorthCarolina-
Virginia boundary to the Tennessee boundary; thence southwestalong the 
North Carolina-Tennessee boundary to the Georgia boundary;thence east 
along the North Carolina-Georgia boundary to the SouthCarolina boundary; 
thence east along the North Carolina-South Carolinaboundary to the sea 
at latitude 33[deg]51[min]04[sec] N, longitude78[deg]32[min]28[sec] W; 
thence southeast on a bearing of122[deg]T to a point at latitude 
33[deg]17[min]55[sec] N,longitude 77[deg]31[min]46[sec] W; thence 
southeast to theoutermost extent of the EEZ at latitude 
31[deg]42[min]32[sec] N,longitude 74[deg]29[min]53.3[sec] W; thence 
northeast along theoutermost extent of the EEZ to a point at 
latitude36[deg]33[min]00[sec] N, longitude 71[deg]29[min]34[sec] 
W;thence west to the point of origin; and in addition, all the 
areadescribed in paragraph (b) of this section.
    (b) MSU Wilmington is responsible for the Cape Fear River 
MarineInspection and Captain of the Port Zones, starting at a point 
atlatitude 34[deg]26[min]26[sec] N, longitude77[deg]31[min]05[sec] W at 
the intersection of the Pender Countyand Onslow County lines on the 
Atlantic Coast, proceeding north alongthe boundary of

[[Page 41]]

Pender County and Onslow County to theintersection of the Pender County, 
Duplin County, and Onslow Countylines; thence north along the boundary 
of Duplin County and OnslowCounty to the intersection of the Duplin 
County, Onslow County, andJones County lines; thence northwest along the 
boundary of DuplinCounty and Jones County to the intersection of the 
Duplin County,Jones County, and Lenoir County lines; thence northwest 
along theboundary of Duplin County and Lenoir County to the intersection 
of theDuplin County, Lenoir County, and Wayne County lines; thence 
westalong the boundary of Duplin County and Wayne County to 
theintersection of the Duplin County, Wayne County, and Sampson 
Countylines; thence north along the boundary of Sampson County and 
WayneCounty to the intersection of the Sampson County, Wayne County, 
andJohnston County lines; thence west along the boundary of 
SampsonCounty and Johnston County to the intersection of the Sampson 
County,Johnston County, and Harnett County lines; thence southwest along 
theboundary of Sampson County and Harnett County to the intersection 
ofthe Sampson County, Harnett County, and Cumberland County lines;thence 
west along the boundary of Cumberland County and Harnett Countyto the 
intersection of the Cumberland County, Harnett County, andMoore County 
lines; thence south along the boundary of CumberlandCounty and Moore 
County to the intersection of the Cumberland County,Moore County, and 
Hoke County lines; thence west along the boundary ofHoke County and 
Moore County to the intersection of the Hoke County,Moore County, 
Richmond County, and Scotland County lines; thencesoutheast along the 
boundary of Hoke County and Scotland County to theintersection of the 
Hoke County, Scotland County, and Robeson Countylines; thence southwest 
along the boundary of Robeson County andScotland County to the 
intersection of the Robeson County, ScotlandCounty, and North Carolina-
South Carolina boundaries; thence southeastalong the North Carolina-
South Carolina boundary to a point atlatitude 33[deg]51[min]30[sec] N, 
longitude78[deg]33[min]00[sec] W along the North Carolina-South 
Carolinaboundary; thence to the Atlantic Coast at 
latitude33[deg]51[min]04[sec] N, longitude 78[deg]32[min]28[sec] 
W;thence southeast to a point on a bearing of 122[deg] T at 
latitude33[deg]17[min]55[sec] N, longitude 77[deg]31[min]46[sec] 
W;thence north to a point at latitude 34[deg]26[min]26[sec] N,longitude 
77[deg]31[min]05[sec] W.

[USCG-2006-25556, 72 FR 36320, July 2, 2007]



                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 
ofSouth Carolina, Georgia and Florida, except for that part of 
Georgiaand Florida west of a line from the intersection of the Florida 
coastwith 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 thesouth shore of the Jim Woodruff 
Reservoir; thence along the east bankof the Jim Woodruff Reservoir and 
the east bank of the Flint River upstream to Montezuma, GA, thence 
northwesterly to West Point, GA. Alsoincluded is the Panama Canal Zone, 
all the island possessions of theUnited States pertaining to Puerto Rico 
and the U.S. Virgin Islands;and the U.S. Naval reservations in the 
islands of the West Indies andon the north coast of South America. The 
ocean areas are thoseportions of the western North Atlantic, Caribbean 
Sea, Gulf of Mexicoand the Straits of Florida areas encompassed by a 
line originating atthe state boundary between North Carolina and South 
Carolina, andextending 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 SouthAmerica; 
thence westerly and northerly along the north coast of SouthAmerica, and 
the eastern coasts of Central America and Mexico to theYucatan Peninsula 
at 21[deg]25[min] N., 87[deg]11[min] W.; thencealong a line 019[deg] T 
to the intersection of longitude83[deg]50[min]

[[Page 42]]

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 byCGFR 70-150, 36 FR 
911, Jan. 20, 1971;USCG-1999-5832, 64 FR 34711, June 29, 1999]



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

    Sector Miami's office is located in Miami, FL. The boundaries 
ofSector Miami's Marine Inspection Zone and Captain of the Port 
Zonestart at the outermost extent of the EEZ at 
latitude28[deg]00[min]00[sec] N, longitude 79[deg]23[min]34[sec] 
W,proceeding west to latitude 28[deg]00[min]00[sec] N, 
longitude81[deg]30[min]00[sec] W; thence south to the northern boundary 
ofCollier County, FL, at longitude 81[deg]30[min]00[sec] W; 
thencefollowing along the boundaries of Collier County east along 
thenorthern boundary to the eastern boundary and then south along 
theeastern boundary to the southern boundary of Collier County; 
thencesouth along the western boundary of Miami-Dade County to the sea 
atlatitude 25[deg]10[min]36[sec] N, longitude80[deg]51[min]29[sec] W; 
thence east along the southern boundary ofMiami-Dade County to latitude 
25[deg]24[min]52[sec] N, longitude80[deg]19[min]39[sec] W; thence 
southeast to the outermost extentof the EEZ at latitude 
25[deg]11[min]34[sec] N, longitude79[deg]41[min]31[sec] W; thence north 
along the outermost extent ofthe EEZ to the point of origin.

[USCG-2006-25556, 72 FR 36321, July 2, 2007]



Sec. 3.35-15  Sector Charleston Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Savannah.

    Sector Charleston's office is located in Charleston, SC. 
Asubordinate unit, Marine Safety Unit (MSU) Savannah, is located 
inSavannah, GA.
    (a) Sector Charleston's Marine Inspection Zone and Captain of 
thePort Zone start at the intersection of the North Carolina-
SouthCarolina boundaries and the sea at latitude 33[deg]51[min]04[sec]N, 
longitude 78[deg]32[min]28[sec] W, proceeding west along theNorth 
Carolina-South Carolina boundary to the intersection of theNorth 
Carolina-South Carolina-Georgia boundaries; thence south alongthe South 
Carolina-Georgia boundary to the intersection with theFederal dam at the 
southern end of Hartwell Reservoir at latitude34[deg]21[min]30[sec] N, 
longitude 82[deg]49[min]15[sec] W;thence south along the eastern bank 
and then east along the northernbank of the Savannah River to the sea at 
latitude32[deg]02[min]23[sec] N, longitude 80[deg]53[min]06[sec] W, 
nearthe eastern tip of Oyster Bed Island; thence east on a line 
bearing084[deg] T to latitude 32[deg]03[min]00[sec] N, 
longitude80[deg]45[min]00[sec] W; thence southeast on a line 
bearing122[deg] T to latitude 30[deg]50[min]00[sec] N, 
longitude78[deg]35[min]00[sec] W; thence east to the outermost extent of 
theEEZ at latitude 30[deg]50[min]00[sec] N, 
longitude76[deg]09[min]54[sec] W; thence northeast along the 
outermostextent of the EEZ to latitude 31[deg]42[min]32[sec] N, 
longitude74[deg]29[min]53[sec] W; thence northwest to the point of 
origin;and in addition, all the area described in paragraph (b) of 
thissection.
    (b) The boundaries of the MSU Savannah Marine Inspection andCaptain 
of the Port Zones start near the eastern tip of Oyster BedIsland at 
latitude 32[deg]02[min]23[sec] N, longitude80[deg]53[min]06[sec] W, 
proceeding west along the northern bankand then north along the eastern 
bank of the Savannah River to theintersection of the South Carolina-
Georgia boundary with the Federaldam at the southern end of Hartwell 
Reservoir, at latitude34[deg]21[min]30[sec] N, longitude 
82[deg]49[min]15[sec] W;thence north along the South Carolina-Georgia 
boundary to theintersection of the North Carolina-South Carolina-Georgia 
boundaries;thence west along the Georgia-North Carolina boundary and 
continuingwest along the Georgia-Tennessee boundary to the intersection 
of theGeorgia-Tennessee-Alabama boundaries; thence south along the 
Georgia-Alabama boundary to latitude 32[deg]53[min]00[sec] N; 
thencesoutheast to the eastern bank of the Flint River at 
latitude32[deg]20[min]00[sec] N; thence south along the eastern bank of 
theFlint River and continuing south along the eastern shore of 
SeminoleLake to latitude 30[deg]45[min]57[sec] N, 
longitude84[deg]45[min]00[sec] W; thence south along 
longitude84[deg]45[min]00[sec] W to the Florida boundary; thence east 
alongthe Florida-Georgia boundary to longitude 82[deg]15[min]00[sec] 
W;thence north to latitude 30[deg]50[min]00[sec] N, 
longitude82[deg]15[min]00[sec] W; thence east to the outermost extent of 
theEEZ at latitude 30[deg]50[min]00[sec] N, 
longitude76[deg]09[min]54[sec] W; thence northwest to 
latitude32[deg]03[min]06[sec] N, longitude 80[deg]45[min]00[sec]

[[Page 43]]

W;thence southwest to the point of origin. The boundary includes all 
thewaters of the Savannah River including adjacent waterfront 
facilitiesin South Carolina.

[USCG-2006-25556, 72 FR 36321, July 2, 2007]



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

    Sector Jacksonville's office is located in Jacksonville, FL. 
Theboundaries of Sector Jacksonville's Marine Inspection Zone and 
Captainof the Port Zone start at the outermost extent of the EEZ at 
latitude30[deg]50[min]00[sec] N, longitude 76[deg]09[min]54[sec] 
W,proceeding west to latitude 30[deg]50[min]00[sec] N, 
longitude82[deg]15[min]00[sec] W; thence south to the intersection of 
theFlorida-Georgia boundary at longitude 82[deg]15[min]00[sec] W;thence 
west along the Florida-Georgia boundary to 
longitude83[deg]00[min]00[sec] W; thence southeast to 
latitude28[deg]00[min]00[sec] N, 81[deg]30[min]00[sec] W; thence east 
tothe outermost extent of the EEZ at latitude 28[deg]00[min]00[sec]N, 
longitude 79[deg]23[min]34[sec] W; thence northeast along theoutermost 
extent of the EEZ to the point of origin.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]



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

    Sector San Juan's office is located in San Juan, PR. Theboundaries 
of Sector San Juan's Marine Inspection Zone and Captain ofthe Port Zone 
comprise both the Commonwealth of Puerto Rico and theTerritory of the 
Virgin Islands, and the waters adjacent to both, inan area enclosed by 
the outermost extents of the EEZ, subject toexisting laws and 
regulations.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]



Sec. 3.35-35  Sector St. Petersburg Marine Inspection Zone and Captain of thePort Zone.

    Sector St. Petersburg's sector office is located in St.Petersburg, 
FL. The boundaries of Sector St. Petersburg's MarineInspection Zone and 
Captain of the Port Zone start at the Floridacoast at latitude 
29[deg]59[min]14[sec] N, longitude83[deg]50[min]00[sec] W, proceeding 
north to latitude30[deg]15[min]00[sec] N, longitude 
83[deg]50[min]00[sec] W;thence west to latitude 30[deg]15[min]00[sec] N, 
longitude84[deg]45[min]00[sec] W; thence north to the Florida-
Georgiaboundary at longitude 84[deg]45[min]00[sec] W; thence east 
alongthe Florida-Georgia boundary to longitude 83[deg]00[min]00[sec] 
W;thence southeast to latitude 28[deg]00[min]00[sec] N, 
longitude81[deg]30[min]00[sec] W; thence south 
along81[deg]30[min]00[sec] W to the northern boundary of Collier 
County,FL, and then following along the boundaries of Collier County, 
eastalong the northern boundary to the eastern boundary and then 
southalong the eastern boundary to the southern boundary and then 
westalong the southern boundary to latitude 25[deg]48[min]12[sec] 
N,longitude 81[deg]20[min]39[sec] W; thence southwest to theoutermost 
extent of the EEZ at latitude 24[deg]18[min]57[sec] N,longitude 
84[deg]50[min]48[sec] W; thence west along the outermostextent of the 
EEZ to latitude 24[deg]48[min]13[sec] N, longitude85[deg]50[min]05[sec] 
W; thence northeast to the point of origin.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]



Sec. 3.35-40  Sector Key West Marine Inspection Zone and Captain of the PortZone.

    Sector Key West's office is located in Key West, FL. Theboundaries 
of Sector Key West's Marine Inspection Zone and Captain ofthe Port Zone 
start at the outermost extent of the EEZ at 
latitude25[deg]11[min]34[sec] N, longitude 79[deg]41[min]31[sec] 
W,proceeding northeast to the Miami-Dade County, FL boundary at 
latitude25[deg]24[min]52[sec] N, longitude 80[deg]19[min]39[sec] 
W;thence west along the southern boundary of Miami-Dade County to 
thewestern boundary at latitude 25[deg]10[min]36[sec] N, 
longitude80[deg]51[min]29[sec] W; thence north along the western 
boundary ofMiami-Dade County to the southern boundary of Collier County, 
FL;thence west along the southern boundary of Collier County to 
latitude25[deg]48[min]12[sec] N, longitude 81[deg]20[min]39[sec] 
W;thence southwest to the outermost extent of the EEZ at 
latitude24[deg]18[min]57[sec] N, longitude 84[deg]50[min]48[sec] 
W;thence east and then north along the outermost extent of the EEZ tothe 
point of origin.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]

[[Page 44]]



                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 
Pennsylvaniasouth of 41[deg] N. latitude and west of 79[deg] W. 
longitude; thoseparts 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 Minnesotasouth 
of 46[deg]20[min] N. latitude; those parts of Florida andGeorgia west of 
a line starting at the Florida coast at83[deg]50[min] W. longitude; 
thence northerly to 30[deg]15[min] N.latitude, 83[deg]50[min] W. 
longitude; thence due west to30[deg]15[min] N. latitude, 84[deg]45[min] 
W. longitude; thencedue north to the southern bank of the Jim Woodruff 
Reservoir at84[deg]45[min] W. longitude; thence northeasterly along the 
easternbank of the Jim Woodruff Reservoir and northerly along the 
easternbank of the Flint River to Montezuma, GA.; thence northwesterly 
toWest Point, GA.; and the Gulf of Mexico area west of a line bearing199 
T. from the intersection of the Florida coast at 83[deg]50[min]W. 
longitude (the coastal end of the Seventh and Eighth Coast GuardDistrict 
land boundary.) [DATUM NAD83]

[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended byCGD 77-167, 43 FR 
2372, Jan. 16, 1978; CGD 96-025, 61 FR29959, June 13, 1996]



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

    Sector Mobile's office is located in Mobile, AL. The boundaries 
ofSector Mobile's Marine Inspection Zone and Captain of the Port 
Zonestart near the Florida coast at latitude 29[deg]59[min]14[sec] 
N,longitude 83[deg]50[min]00[sec] W, proceeding north to 
latitude30[deg]15[min]00[sec] N, longitude 83[deg]50[min]00[sec] 
W;thence west to latitude 30[deg]15[min]00[sec] N, 
longitude84[deg]45[min]00[sec] W; thence north to a point near the 
southernbank of the Seminole Lake at latitude 30[deg]45[min]57[sec] 
N,longitude 84[deg]45[min]00[sec] W; thence northeast along theeastern 
bank of the Seminole Lake and north along the eastern bank ofthe Flint 
River to latitude 32[deg]20[min]00[sec] N, 
longitude84[deg]01[min]51[sec] W; thence northwest to the intersection 
ofthe Georgia-Alabama border at latitude 32[deg]53[min]00[sec] N;thence 
north along the Georgia-Alabama border to the southern boundaryof Dekalb 
County, AL, thence west along the northern boundaries ofCherokee, 
Etowah, Blount, Cullman, Winston, and Marion Counties, AL,to the 
Mississippi-Alabama border; thence north along the Mississippi-Alabama 
border to the southern boundary of Tishomingo County, MS, atthe 
Mississippi-Tennessee border; thence west along the southernboundaries 
of Tishomingo and Prentiss Counties; thence north along thewestern 
boundaries of Prentiss and Alcorn Counties; thence west alongthe 
northern boundaries of Tippah, Benton, and Marshall Counties, MS;thence 
south and west along the eastern and southern boundaries ofDeSoto, 
Tunica, Coahoma, Bolivar, and Washington Counties, MS; thenceeast along 
the northern boundary of Humphreys and Holmes Counties, MS;thence south 
along the eastern and southern boundaries of Holmes,Yazoo, Warren, 
Claiborne, Jefferson, Adams, and Wilkinson Counties,MS; thence east from 
the southernmost intersection of Wilkinson andAmite Counties, MS, to the 
west bank of the Pearl River; thence southalong the west bank of the 
Pearl River to longitude89[deg]31[min]48[sec] W (at the mouth of the 
river); thence southalong longitude 89[deg]31[min]48[sec] W to 
latitude30[deg]10[min]00[sec] N; thence east along 
latitude30[deg]10[min]00[sec] N to longitude 89[deg]10[min]00[sec] 
W;thence southeast to latitude 29[deg]00[min]00[sec] N, 
longitude88[deg]00[min]00[sec] W; thence south along 
longitude88[deg]00[min]00[sec] W to the outermost extent of the EEZ; 
thenceeast along the outermost extent of the EEZ to the intersection 
with aline bearing 199[deg]T from the intersection of the Florida coast 
atlongitude 83[deg]50[min]00[sec] W; thence northeast along a 
linebearing 199[deg] T from the Florida coast at 
longitude83[deg]50[min]00[sec] W to the coast.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]

[[Page 45]]



Sec. 3.40-15  Sector New Orleans Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Morgan City.

    Sector New Orleans' office is located in New Orleans, LA. 
Asubordinate unit, Marine Safety Unit (MSU) Morgan City, is located 
inMorgan City, LA.
    (a) Sector New Orleans' Marine Inspection Zone and Captain of 
thePort Zone starts at latitude 30[deg]10[min]00[sec] N, 
longitude89[deg]10[min]00[sec] W; thence west along 
latitude30[deg]10[min]00[sec] N to longitude 89[deg]31[min]48[sec] 
W;thence north along longitude 89[deg]31[min]48[sec] W to the westbank 
of the Pearl River (at the mouth of the river); thence northalong the 
west bank of the Pearl River to latitude31[deg]00[min]00[sec] N; thence 
west along latitude31[deg]00[min]00[sec] N to the east bank of the 
Mississippi River;thence south along the east bank to mile 303.0, thence 
west to thewest bank at mile 303.0; thence north to the southern 
boundary of theOld River Lock Structure, thence west along the south 
bank of theLower Old River, to the intersection with the Red River; 
thence westalong the south bank of the Red River to Rapides Parish, 
thence southalong the western boundaries of Avoyelles, Evangeline, 
Acadia andVermillion Parishes to the intersection of the sea and 
longitude92[deg]37[min]00[sec] W; thence south along 
longitude92[deg]37[min]00[sec] W to the outermost extent of the EEZ; 
thenceeast along the outermost extent of the EEZ to 
longitude88[deg]00[min]00[sec] W; thence north along 
longitude88[deg]00[min]00[sec] W to latitude 29[deg]00[min]00[sec] 
N;thence northwest to latitude 30[deg]10[min]00[sec] N, 
longitude89[deg]10[min]00[sec] W; and in addition, all the area 
described inparagraph (b) of this section.
    (b) The boundaries of the MSU Morgan City Marine Inspection 
andCaptain of the Port Zones start at latitude 28[deg]50[min]00[sec]N, 
longitude 88[deg]00[min]00[sec] W.; thence proceeds west tolatitude 
28[deg]50[min]00[sec] N., longitude89[deg]27[min]06[sec] W.; thence 
northwest to latitude29[deg]18[min]00[sec] N, longitude 
90[deg]00[min]00[sec] W;thence northwest along the northern boundaries 
of Lafourche,Assumption, Iberia, and St. Martin Parishes, Louisiana; 
thencenorthwest along the northern boundary of Lafayette and 
AcadiaParishes, Louisiana; thence south along the west boundary of 
Acadiaand Vermillion Parishes, Louisiana to the Louisiana Coast at 
longitude92[deg]37[min]00[sec] W, thence south along 
longitude92[deg]37[min]00[sec] W to the outermost extent of the EEZ; 
thenceeast along the outermost extent of the EEZ to 
longitude88[deg]00[min]00[sec] W.; thence north to 
latitude28[deg]50[min]00[sec] N, longitude 88[deg]00[min]00[sec] W.

[USCG-2006-25556, 72 FR 36322, July 2, 2007]



Sec. 3.40-28  Sector Houston-Galveston Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Port Arthur.

    Sector Houston-Galveston's office is located in Galena Park, TX. 
Asubordinate unit, Marine Safety Unit (MSU) Port Arthur, is located 
inPort Arthur, TX.
    (a) Sector Houston-Galveston's Marine Inspection Zone and Captainof 
the Port Zone start near the intersection of the western boundaryof 
Vermillion Parish, LA, and the sea at latitude29[deg]34[min]45[sec] N, 
longitude 92[deg]37[min]00[sec] W,proceeding north along the eastern and 
southern boundaries of Cameron,Jefferson Davis, Allen, and Rapides 
Parishes, LA, to the southern bankof the Red River; thence northwest 
along the south bank of the RedRiver to the northern boundary of Red 
River Parish, LA; thence westalong the northern boundary of Red River 
Parish and DeSoto Parish, LA,to the Louisiana-Texas border; thence north 
along the Louisiana-Texasborder to the Texas-Arkansas border at the 
northern boundary of BowieCounty, TX; thence west along the Texas-
Arkansas border to the Texas-Oklahoma border; thence northwest along the 
Texas-Oklahoma border tothe southern shore of Lake Texoma in Grayson 
County, TX; thence westalong the northern shore of Lake Texoma to the 
Texas-Oklahoma border;thence west along the Texas-Oklahoma border to the 
Texas-New Mexicoborder, including all portions of the Red River; thence 
south alongthe Texas-New Mexico border to the southern boundary of 
AndrewsCounty, TX; thence southeast along the western and southern 
boundariesof Andrews, Midland, Glasscock, Sterling, Tom Green, 
Concho,McCulloch, San Saba, Lampasas, Bell, Williamson, Lee, Washington, 
andAustin Counties, TX to the intersection of Colorado County,

[[Page 46]]

Texas;thence along the northern and eastern boundary of Colorado County 
tothe east bank of the Colorado River; thence south along the east 
bankof the Colorado River to the sea; thence southeast along a 
linebearing 140[deg] T to the outermost extent of the EEZ at 
latitude25[deg]59[min]50[sec] N, longitude 93[deg]32[min]21[sec] 
W;thence east along the outermost extent of the EEZ to 
latitude26[deg]03[min]27[sec] N, longitude 92[deg]37[min]00[sec] 
W;thence north along longitude 92[deg]37[min]00[sec] W to theLouisiana 
Coast; and in addition, all the area described in paragraph(b) of this 
section.
    (b) The boundaries of the MSU Port Arthur Marine Inspection 
andCaptain of the Port Zones start at the intersection of the sea 
andlongitude 92[deg]37[min]00[sec] W; thence north along the easternand 
southern boundaries of Cameron, Jefferson Davis, Allen, andRapides 
Parishes, Louisiana to the southern bank of the Red River;thence 
northwest along the southern bank of the Red River to thenorthern 
boundary of Red River Parish, Louisiana; thence west alongthe northern 
boundary of Red River Parish and Desoto Parish, Louisianato the 
Louisiana-Texas border; thence north along the Louisiana-Texasborder to 
the Texas-Arkansas border at the northern boundary of BowieCounty, 
Texas; thence north along the Texas-Arkansas border to theTexas-Oklahoma 
border; thence west along the Texas-Oklahoma border tothe northwest-most 
boundary of Fannin County, Texas, including allportions of the Red 
River; thence south along the western and southernboundaries of Fannin, 
Hunt, Kaufman, Henderson, Anderson, Houston,Trinity, Polk, Hardin, and 
Jefferson Counties, Texas to the sea atlongitude 94[deg]25[min]00[sec] 
W; thence southeast to latitude29[deg]00[min]00[sec] N, longitude 
93[deg]40[min]00[sec] W;thence southeast to latitude 
27[deg]50[min]00[sec] N, longitude93[deg]24[min]00[sec] W; thence south 
along longitude93[deg]24[min]00[sec] W to the outermost extent of the 
EEZ; thenceeast along the outermost extent of the EEZ to 
longitude92[deg]37[min]00[sec] W; thence north along 
longitude92[deg]37[min]00[sec] W to the Louisiana Coast.

[USCG-2006-25556, 72 FR 36323, July 2, 2007]



Sec. 3.40-35  Sector Corpus Christi Marine Inspection Zone and Captain of thePort Zone.

    Sector Corpus Christi's office is located in Corpus Christi, TX.The 
boundaries of Sector Corpus Christi's Marine Inspection Zone andCaptain 
of the Port Zone start at the junction of the sea and the eastbank of 
the Colorado River at latitude 28[deg]35[min]44[sec] N,longitude 
95[deg]58[min]48[sec] W, proceeding north along the eastbank of the 
Colorado River to Colorado County, TX; thence southwestalong the 
northern boundary of Wharton County, TX; thence northwestalong the 
eastern and northern boundaries of Colorado, Fayette,Bastrop, Travis, 
Burnet, Llano, Mason, Menard, Schletcher, Irion,Reagan, Upton, and Ector 
Counties, TX; thence west along the northernboundary of Ector and 
Winkler Counties, TX, to the Texas-New Mexicoborder; thence north along 
the New Mexico border to the New Mexico-Colorado border; thence west 
along the New Mexico-Colorado border tothe intersection of New Mexico, 
Colorado, Utah, and Arizona borders;thence south along the New Mexico-
Arizona border to the United States-Mexican border; thence southeast 
along the United States-Mexicanborder to the outermost extent of the EEZ 
at latitude25[deg]57[min]22[sec] N, longitude 97[deg]08[min]20[sec] 
W;thence east along the outermost extent of the EEZ to 
latitude25[deg]59[min]50[sec] N, longitude 93[deg]32[min]21[sec] 
W;thence northwest to the point of origin.

[USCG-2006-25556, 72 FR 36323, July 2, 2007]



Sec. 3.40-40  Sector Upper Mississippi River Marine Inspection Zone and Captainof the Port Zone.

    Sector Upper Mississippi River's office is located in St. Louis,MO. 
The boundaries of Sector Upper Mississippi River's MarineInspection Zone 
and Captain of the Port Zone include all of Wyomingexcept for Sweetwater 
County; all of North Dakota, South Dakota,Nebraska, Colorado, Kansas, 
and Iowa; all of Missouri with theexception of Perry, Cape Girardeau, 
Scott, Mississippi, New Madrid,Dunklin, and Pemiscot Counties; that part 
of Minnesota south oflatitude 46[deg]20[min]00[sec] N; that part of 
Wisconsin south oflatitude 46[deg]20[min]00[sec] N, and west of 
longitude90[deg]00[min]00[sec] W; that part of Illinois west of

[[Page 47]]

longitude 90[deg]00[min]00[sec] W and north of 
latitude41[deg]00[min]00[sec] N; that part of Illinois south of 
latitude41[deg]00[min]00[sec] N, except for Jackson, Williamson, 
Saline,Gellatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and 
MassacCounties; that part of the Upper Mississippi River above mile 
109.9,including both banks, and that part of the Illinois River 
belowlatitude 41[deg]00[min]00[sec] N.

[USCG-2006-25556, 72 FR 36324, July 2, 2007]



Sec. 3.40-60  Sector Lower Mississippi River Marine Inspection Zone and Captainof the Port Zone.

    Sector Lower Mississippi River's office is located in Memphis, 
TN.The boundaries of Sector Lower Mississippi River's Marine 
InspectionZone and Captain of the Port Zone include all of Arkansas and 
all ofOklahoma with the exception of the Red River and Lake Texoma; 
inMissouri: Dunklin and Pemiscot Counties. In Tennessee: 
Dyer,Lauderdale, Obion, Tipton, and Shelby Counties, and all portions 
ofLake County with the exception of the area north and west of a 
linedrawn from Mississippi River at latitude 36[deg]20[min]00 N 
andlongitude 89[deg]32[min]30[sec] W due east to Highway 78 
thencenortheast along Highway 78 to the Kentucky-Tennessee state line; 
inMississippi: Desoto, Tunica, Coahoma, Bolivar, Washington, 
Humphreys,Holmes, Sharkey, Yazoo, Issaquena, Warren, Claiborne, 
Jefferson,Adams, and Wilkinson Counties; in Louisiana, all the areas 
north of aline drawn from the east bank of the Mississippi River at 
theLouisiana-Mississippi border, thence south along the east bank to 
mile303.0, thence west to the west bank at mile 303.0, thence north to 
thesouthern boundary of the Old River Lock Structure, thence west 
alongthe southern bank of the Lower Old River, to the intersection with 
theRed River, thence west and northwest along the southern bank of 
theRed River to the northern-most boundary of Red River Parish, 
thencewest along the northern boundary of Red River Parish and DeSoto 
Parishto the Texas-Louisiana Border, including Lasalle, Caldwell, 
Caddo,Bossier, Webster, Claiborne, Union, Morehouse, West Carroll, 
EastCarroll, Madison, Richland, Ouachita, Lincoln, Jackson, 
Bienville,Winn, Grant, Franklin, Tensas, Catahoula, and Concordia 
Parishes;those parts of Avoyelles, Natchitoches, Rapides, and Red 
RiverParishes north of the Red River, and that part of West 
FelicianaParish north of the Lower Old River; that part of the 
LowerMississippi River below mile 869.0 and above mile 303; and all of 
theRed River below the Arkansas-Oklahoma border.

[USCG-2006-25556, 72 FR 36324, July 2, 2007]



Sec. 3.40-65  Sector Ohio Valley Marine Inspection Zone and Captain of the PortZone; Marine Safety Unit Pittsburgh.

    Sector Ohio Valley's office is located in Louisville, KY. 
Asubordinate unit, Marine Safety Unit (MSU) Pittsburgh, is located 
inPittsburgh, PA.
    (a) Sector Ohio Valley's Marine Inspection Zone and Captain of 
thePort Zone comprise all of Kentucky and West Virginia; in 
Missouri:Perry, Cape Girardeau, Scott, Mississippi and New Madrid 
Counties; inTennessee: that portion of Lake County north and west of a 
line drawnfrom the Mississippi River at latitude 36[deg]20[min]00[sec] N 
andlongitude 89[deg]32[min]30[sec] W due east to Highway 78, 
thencenortheast along Highway 78 to the Kentucky-Tennessee state line, 
andall other counties in Tennessee except Shelby, Tipton, 
Lauderdale,Dyer and Obion Counties; in Alabama: Colbert, Franklin, 
Lawrence,Morgan, Marshall, Lauderdale, Limestone, Madison, Jackson and 
DeKalbCounties; in Mississippi: Alcorn, Prentiss and Tishomingo 
Counties;that portion of Pennsylvania south of 
latitude41[deg]00[min]00[sec] N and west of 
longitude79[deg]00[min]00[sec] W; those parts of Indiana and Ohio south 
oflatitude 41[deg]00[min]00[sec] N; in Illinois: Jackson, 
Williamson,Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, 
Pulaski,and Massac Counties, and in Randolph County, that part of the 
UpperMississippi River below mile 109.9, including both banks; and 
thatpart of the Lower Mississippi River above mile 869.0 ; and 
inaddition, all the area described in paragraph (b) of this section.
    (b) The boundaries of the MSU Pittsburgh Marine Inspection 
andCaptain of the Port Zones include that portion of Pennsylvania 
southof latitude 41[deg]00[min]00[sec] N and west of longitude

[[Page 48]]

79[deg]00[min]00[sec] W; in West Virginia: Preston, Monongalia,Marion, 
Marshall, Ohio, Brooke, and Hancock Counties, and that part ofthe Ohio 
River north of a line drawn from latitude39[deg]39[min]18[sec] N 
(approximately mile 127.2) on the OhioRiver, just below the Hannibal 
Lock and Dam; and in Ohio: Stark,Columbiana, Tuscarawas, Carroll, 
Harrison, Jefferson, and BelmontCounties, and those parts of Summit, 
Portage, and Mahoning Countiessouth of latitude 41[deg]00[min]00[sec]N.

[USCG-2006-25556, 72 FR 36324, July 2, 2007]



                 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 Yorknorth 
of latitude 42[deg] N. and west of longitude 74[deg]39[min]W.; 
Pennsylvania north of latitude 41[deg] and west of 
longitude78[deg]55[min] W.; that part of Ohio and Indiana north of 
latitude41[deg] N.; that part of Illinois north of latitude 41[deg] N. 
andeast of longitude 90[deg] W.; Wisconsin, except that part south 
oflatitude 46[deg]20[min] N. and west of longitude 90[deg] W.; andthat 
part of Minnesota north of latitude 46[deg]20[min] N.

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



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

    Sector Buffalo's office is located in Buffalo, NY. The boundariesof 
Sector Buffalo's Marine Inspection Zone and Captain of the PortZone 
include all navigable waters of the United States and contiguousland 
areas within the boundaries of an area starting from a point onthe 
international boundary in Lake Erie at latitude42[deg]19[min]24[sec] N, 
longitude 80[deg]31[min]10[sec] W,proceeding southwest along the 
international boundary to a point atlatitude 41[deg]40[min]36[sec] N, 
longitude82[deg]25[min]00[sec] W; thence south to 
latitude41[deg]00[min]00[sec] N; thence east to 
longitude78[deg]54[min]58[sec] W; thence north to 
latitude42[deg]00[min]00[sec] N; thence east to the east bank of 
theDelaware River at latitude 42[deg]00[min]00[sec] N, 
longitude75[deg]21[min]28[sec] W; thence east to 
longitude74[deg]39[min]00[sec] W; thence north to the international 
boundaryat a point at latitude 44[deg]59[min]58[sec] N, 
longitude74[deg]39[min]00[sec] W; thence southeast along the 
internationalboundary to the starting point.

[USCG-2006-25556, 72 FR 36324, July 2, 2007]



Sec. 3.45-15  Sector Lake Michigan Marine Inspection Zone and Captain of thePort Zone.

    Sector Lake Michigan's office is located in Milwaukee, WI. 
Theboundaries of Sector Lake Michigan's Marine Inspection Zone 
andCaptain of the Port Zone include all navigable waters of the 
UnitedStates and contiguous land areas within the boundaries of an 
areastarting from a point at latitude 44[deg]43[min]00[sec] N,longitude 
84[deg]30[min]00[sec] W, proceeding northwest to a pointnear the eastern 
shore of Lake Michigan at latitude45[deg]38[min]00[sec] N, longitude 
85[deg]04[min]13[sec] W;thence northwest to latitude 
45[deg]50[min]00[sec] N, longitude85[deg]43[min]00[sec] W; thence 
southwest to latitude45[deg]41[min]00[sec] N, longitude 
86[deg]06[min]00[sec] W;thence northwest to latitude 
46[deg]20[min]00[sec] N, longitude87[deg]22[min]00[sec] W; thence west 
to latitude46[deg]20[min]00[sec] N, longitude 90[deg]00[min]00[sec] 
W;thence south to latitude 41[deg]00[min]00[sec] N; thence east tothe 
Ohio-Indiana border at latitude 41[deg]00[min]00[sec] N,longitude 
84[deg]48[min]12[sec] W; thence north along the Ohio-Indiana border to 
the intersection of the Ohio-Indiana-Michigan borderat latitude 
41[deg]41[min]59[sec] N, longitude84[deg]48[min]22[sec] W; thence east 
along the Ohio-Michigan borderto latitude 41[deg]42[min]13[sec] N, 
longitude84[deg]30[min]00[sec] W; thence north to the start point.

[USCG-2006-25556, 72 FR 36324, July 2, 2007]



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

    Sector Detroit's office is located in Detroit, MI. The boundariesof 
Sector Detroit's Marine Inspection Zone and Captain of the PortZone 
include all navigable waters of the United States and contiguousland 
areas within the boundaries of an area starting from a point atlatitude 
41[deg]00[min]00[sec] N, longitude84[deg]48[min]12[sec] W on the Ohio-
Indiana boundary, proceedingeast to longitude

[[Page 49]]

82[deg]25[min]00[sec] W; thence north to theinternational boundary in 
Lake Erie at latitude41[deg]40[min]36[sec] N, longitude 
82[deg]25[min]00[sec] W;thence north along the international boundary to 
latitude45[deg]35[min]00[sec] N, longitude 83[deg]03[min]56[sec] 
W;thence southwest to a point near the shore of western Lake Huron 
atlatitude 45[deg]17[min]30[sec] N, longitude83[deg]25[min]23[sec] W; 
thence southwest to latitude44[deg]43[min]00[sec] N, longitude 
84[deg]30[min]00[sec] W;thence south to the Michigan-Ohio boundary at 
latitude41[deg]42[min]13[sec] N; thence west along the Michigan-
Ohioboundary to the Ohio-Michigan-Indiana boundary at 
latitude41[deg]41[min]46[sec] N, longitude 84[deg]48[min]22[sec] 
W;thence south along the Ohio-Indiana boundary to the starting point.

[USCG-2006-25556, 72 FR 36325, July 2, 2007]



Sec. 3.45-45  Sector Sault Ste. Marie Marine Inspection Zone and Captain of thePort Zone; Marine Safety Unit Duluth.

    Sector Sault Ste. Marie's office is located in Sault Ste. Marie,MI. 
A subordinate unit, Marine Safety Unit (MSU) Duluth, is located 
inDuluth, MN.
    (a) Sector Sault Ste. Marie's Marine Inspection Zone and Captainof 
the Port Zone comprise all navigable waters of the United Statesand 
contiguous land areas within an area starting from a point atlatitude 
45[deg]35[min]00[sec] N, longitude83[deg]03[min]56[sec] W on the 
international boundary, proceedingsouthwest to a point near the shore of 
western Lake Huron at latitude45[deg]17[min]30[sec] N, longitude 
83[deg]25[min]23[sec] W;thence southwest to latitude 
44[deg]43[min]00[sec] N, longitude84[deg]30[min]00[sec] W; thence 
northwest to a point near theeastern shore of Lake Michigan at latitude 
45[deg]38[min]00[sec] N,longitude 85[deg]04[min]13[sec] W; thence 
northwest to latitude45[deg]50[min]00[sec] N, longitude 
85[deg]43[min]00[sec] W;thence southwest to latitude 
45[deg]41[min]00[sec] N, longitude86[deg]06[min]00[sec] W; thence 
northwest to latitude46[deg]20[min]00[sec] N, longitude 
87[deg]22[min]00[sec] W;thence west to latitude 46[deg]20[min]00[sec] N, 
longitude88[deg]30[min]00[sec] W; thence west to the Minnesota-North 
Dakotaboundary at latitude 46[deg]20[min]00[sec] N, 
longitude96[deg]36[min]30[sec] W; thence north along the Minnesota-
NorthDakota boundary to the intersection of the Minnesota-North 
Dakotaboundary and the international boundary at 
latitude49[deg]00[min]02[sec] N, longitude 97[deg]13[min]46[sec] 
W;thence east along the EEZ to the starting point; and in addition, 
allthe area described in paragraph (b) of this section.
    (b) The boundaries of the MSU Duluth Marine Inspection and Captainof 
the Port Zones comprise all navigable waters of the United Statesand 
contiguous land areas within an area starting at a point 
latitude46[deg]20[min]00[sec] N, longitude 88[deg]30[min]00[sec] 
W,proceeding west to the Minnesota-North Dakota boundary at 
latitude46[deg]20[min]00[sec] N, longitude 96[deg]36[min]30[sec] 
W;thence north along the Minnesota-North Dakota boundary to 
theintersection of the Minnesota-North Dakota boundary and 
theinternational boundary at latitude 49[deg]00[min]02[sec] N,longitude 
97[deg]13[min]46[sec] W; thence east along theinternational boundary to 
a point at latitude 47[deg]59[min]23[sec]N, longitude 
87[deg]35[min]10[sec] W; thence south to a point nearManitou Island 
Light at latitude 47[deg]25[min]09[sec] N, 
longitude87[deg]35[min]10[sec] W; thence southwest to a point near the 
shoreof Lake Superior at latitude 46[deg]51[min]51[sec] N, 
longitude87[deg]45[min]00[sec] W; thence southwest to the point of 
origin.

[USCG-2006-25556, 72 FR 36325, July 2, 2007]



               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 fromthe 
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 betweenGuatemala 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 byCGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61FR 29959, June 13, 1996]



Sec. 3.55-10  Sector Los Angeles-Long Beach Marine Inspection Zone and Captainof the Port Zone.

    Sector Los Angeles-Long Beach's (LA-LB) office is locatedin San 
Pedro, CA. The boundaries of Sector LA-LB's MarineInspection Zone and 
Captain of the Port Zone start at a point near theintersection of 
Monterey County and

[[Page 50]]

San Luis Obispo County and theCalifornia coast at latitude 
35[deg]47[min]43[sec] N, longitude121[deg]20[min]51[sec] W, proceeding 
southwest to the outermostextent of the EEZ at latitude 
34[deg]05[min]05[sec] N, longitude124[deg]56[min]43[sec] W; thence south 
along the outermost extentof the EEZ to latitude 32[deg]01[min]17[sec] 
N, longitude123[deg]37[min]22[sec] W; thence northeast to the 
intersection ofOrange County and San Diego County and the California 
coast atlatitude 33[deg]23[min]12[sec] N, 
longitude117[deg]35[min]45[sec] W; thence including all of Orange 
County,Riverside County, Ventura County, Los Angeles County, San 
BernardinoCounty, Santa Barbara County, Kern County, and San Luis Obispo 
Countyin California.

[USCG-2006-25556, 72 FR 36325, July 2, 2007]



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

    Sector San Diego's office is located in San Diego, CA. Theboundaries 
of Sector San Diego's Marine Inspection Zone and Captain ofthe Port Zone 
start at a point near the intersection of Orange Countyand San Diego 
County and the coast at latitude33[deg]23[min]12[sec] N, longitude 
117[deg]35[min]45[sec] W,proceeding southwest to the outermost extent of 
the EEZ at latitude32[deg]01[min]17[sec] N, longitude 
123[deg]37[min]22[sec] W;thence south along the outermost extent of the 
EEZ to the intersectionof the maritime boundary with Mexico at 
latitude30[deg]32[min]31[sec] N, longitude 121[deg]51[min]58[sec] 
W;thence east along the maritime boundary with Mexico to itsintersection 
with the California coast at latitude32[deg]32[min]03[sec] N, longitude 
117[deg]07[min]29[sec] W;thence including Imperial County and San Diego 
County in California;all of Arizona; Washington, Kane, San Juan, and 
Garfield Counties inUtah; and Clark County in Nevada.

[USCG-2006-25556, 72 FR 36325, July 2, 2007]



Sec. 3.55-20  Sector San Francisco: San Francisco Bay Marine Inspection Zone andCaptain of the Port Zone.

    The Sector San Francisco office is located in San Francisco, CA.The 
boundaries of Sector San Francisco's San Francisco Bay MarineInspection 
and Captain of the Port Zones comprise the land masses andwaters 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 watersand islands 
contained therein of the EEZ bounded on the north by thenorthern 
boundary of the Eleventh Coast Guard District, which isdescribed in 
Sec. 3.55-1; and on the south by a linebearing 240 [deg]T from the 
intersection of the Monterey-San LuisObispo Count lines (approximately 
35[deg]47.5[min]00[sec] Nlatitude) and the California coast to the 
outermost extent of the EEZ;and on the west by the outermost extent of 
the EEZ.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



              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 fromCalifornia-Oregon state line westerly to latitude 40[deg] 
N.longitude, 150[deg] W., thence northeasterly to latitude54[deg]40[min] 
N., longitude 140[deg] W., thence due east to theCanadian coast.

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



Sec. 3.65-10  Sector Seattle: Puget Sound Marine Inspection Zone and Captain ofthe Port Zone.

    Sector Seattle's office is located in Seattle, WA. The boundariesof 
Sector Seattle's Puget Sound Marine Inspection and Captain of thePort 
Zones start at latitude 48[deg]29[min]35[sec] N, 
longitude124[deg]43[min]45[sec] W, proceeding along the Canadian border 
eastto the Montana-North Dakota boundary; thence south along this 
boundaryto the Wyoming state line; thence west and south along the 
Montana-Wyoming boundary to the Idaho state line; thence northwest along 
theMontana-Idaho boundary to latitude 46[deg]55[min]00[sec] N; 
thencewest along latitude 46[deg]55[min]00[sec] N to 
longitude123[deg]18[min]00[sec] W; thence north to a point 
latitude47[deg]32[min]00[sec] N, longitude 123[deg]18[min]00[sec] 
W;thence west along latitude 47[deg]32[min]00[sec] N to the 
outermostextent of the EEZ; thence northeast along the outermost

[[Page 51]]

extent ofthe EEZ to the Canadian border; thence east along the Canadian 
borderto the point of origin.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



Sec. 3.65-15  Sector Portland Marine Inspection Zone and Captain of the PortZone.

    Sector Portland's office is located in Portland, OR. Theboundaries 
of Sector Portland's Marine Inspection and Captain of thePort Zones 
start at the Washington coast at latitude47[deg]32[min]00[sec] N, 
longitude 124[deg]21[min]15[sec] W,proceeding along this latitude east 
to latitude47[deg]32[min]00[sec] N, longitude 123[deg]18[min]00[sec] 
W;thence south to latitude 46[deg]55[min]00[sec] N, 
longitude123[deg]18[min]00[sec] W; thence east along this latitude to 
theeastern Idaho state line; thence southeast along the Idaho state 
lineto the intersection of the Idaho-Wyoming boundary; thence south 
alongthe Idaho-Wyoming boundary to the intersection of the Idaho-Utah-
Wyoming boundaries; thence west along the southern border of Idaho 
toOregon and then west along the southern border of Oregon to the 
coastat latitude 41[deg]59[min]54[sec] N, 
longitude124[deg]12[min]42[sec] W; thence west along the southern 
boundaryof the Thirteenth Coast Guard District, which is described 
inSec. 3.65-10, to the outermost extent of the EEZ atlatitude 
41[deg]38[min]35[sec] N, 128[deg]51[min]26[sec] W;thence north along the 
outermost extent of the EEZ to latitude47[deg]32[min]00[sec] N; thence 
east to the point of origin.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



              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 Stateof 
Hawaii; and the Pacific Islands belonging to the United Statessouth of 
latitude 40[deg] N., and west of a line running from40[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 duesouth to latitude 40[deg] N.; thence 
due east to longitude 150[deg]W.; thence southeasterly through latitude 
5[deg] S., longitude110[deg] W.

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



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

    Sector Honolulu's office is located in Honolulu, HI. Theboundaries 
of Sector Honolulu's Marine Inspection Zone coincide withthe boundaries 
of the Fourteenth Coast Guard District, which aredescribed in Sec. 
3.70-1, excluding those areaswithin the Guam Marine Inspection Zone as 
described inSec. 3.70-15, and excluding those areas within theMarine 
Inspection Zone East Asia, described as including Asia, DiegoGarcia in 
the Indian Ocean, and the Malay Archipelago, but excludingthe 
Philippines. The Honolulu Captain of the Port Zone comprises theState of 
Hawaii, including all the islands and atolls of the Hawaiianchain and 
the adjacent waters of the EEZ; and the following islandsand their 
adjacent waters of the EEZ: American Samoa, Johnston Atoll,Palmyra 
Atoll, Kingman Reef, Wake Island, Jarvis Island, Howland andBaker 
Islands, and Midway Island.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



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

    Sector Guam's office is located on Victor Wharf, U.S. Naval 
Base,Guam. The boundaries of Sector Guam's Marine Inspection Zone 
andCaptain of the Port Zone comprise the Territory of Guam and 
theadjacent waters of the EEZ, and the Commonwealth of the 
NorthernMariana Islands and the adjacent waters of the EEZ.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



              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 Stateof 
Alaska; the ocean area bounded by a line

[[Page 52]]

from the CanadianCoast at latitude 54[deg]40[min] N. due west to 
longitude 140[deg]W.; thence southwesterly to position 40[deg] N., 
150[deg] W.; thencedue west to position 40[deg] N., 165[deg] E.; thence 
due north tolatitude 43[deg] N.; thence northwesterly to 51[deg] N., 
158[deg]E.; thence north and east along the coastline of the continent 
of Asiato East Cape; thence north to the Arctic Ocean.

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



Sec. 3.85-10  Sector Juneau: Southeast Alaska Marine Inspection Zone and Captainof the Port Zones.

    Sector Juneau's office is located in Juneau, AK. The boundaries 
ofSector Juneau's Southeast Alaska Marine Inspection and Captain of 
thePort Zones start at latitude 60[deg]01[min]18[sec] N, 
longitude142[deg]00[min]00[sec] W, proceeding northeast to the EEZ near 
theCanadian border at latitude 60[deg]18[min]24[sec] N, 
longitude141[deg]00[min]00[sec] W; thence south and east along the EEZ 
onthe United States-Canadian shore side boundary to the intersection 
ofthe Canadian coast and the Coast Guard District Seventeen 
southernborder at latitude 54[deg]40[min]00[sec] N, 
longitude131[deg]15[min]06[sec] W; thence west along the southern border 
ofCoast Guard District Seventeen to the intersection with the 
outermostextent of the EEZ at latitude 54[deg]38[min]11[sec] N, 
longitude140[deg]01[min]26[sec] W; thence north along the outermost 
extentof the EEZ to latitude 56[deg]14[min]50[sec] N, 
longitude142[deg]00[min]00[sec] W; thence north to the point of origin.

[USCG-2006-25556, 72 FR 36326, July 2, 2007]



Sec. 3.85-15  Sector Anchorage: Western Alaska Marine Inspection Zone andCaptain of the Port Zones; Marine Safety Unit Valdez: Prince WilliamSound Marine 
          Inspection and Captain of the Port Zones.

    Sector Anchorage's office is located in Anchorage, AK. Asubordinate 
unit, Marine Safety Unit (MSU) Valdez, is located inValdez, AK.
    (a) Sector Anchorage's Western Alaska Marine Inspection andCaptain 
of the Port Zones start near the Canadian border on the EEZ atlatitude 
60[deg]18[min]24[sec] N, longitude141[deg]00[min]00[sec] W, proceeding 
southwest to latitude60[deg]01[min]18[sec] N, longitude 
142[deg]00[min]00[sec] W;thence south to the outermost extent of the EEZ 
at latitude56[deg]14[min]50[sec] N, longitude 142[deg]00[min]00[sec] 
W;thence southwest along the outermost extent of the EEZ to 
latitude51[deg]22[min]15[sec] N, longitude 167[deg]38[min]28[sec]E; 
thence northeast along the outermost extent of the EEZ to 
latitude65[deg]30[min]00[sec] N, longitude 168[deg]58[min]37[sec] 
W;thence north along the outermost extent of the EEZ to 
latitude72[deg]46[min]29[sec] N, longitude 168[deg]58[min]37[sec] 
W;thence northeast along the outermost extent of the EEZ to 
latitude74[deg]42[min]35[sec] N, longitude 156[deg]28[min]30[sec] 
W;thence southeast along the outermost extent of the EEZ to 
latitude72[deg]56[min]49[sec] N, longitude 137[deg]34[min]08[sec] 
W;thence south along the outermost extent of the EEZ to the coast 
nearthe Canadian border at latitude 69[deg]38[min]48.88[sec] N,longitude 
140[deg]59[min]52.7[sec] W; thence south along the UnitedStates-Canadian 
boundary to the point of origin; and in addition, allthe area described 
in paragraph (b) of this section.
    (b) The boundaries of MSU Valdez's Prince William Sound 
MarineInspection and Captain of the Port Zones start at Cape Puget 
atlatitude 59[deg]56[min]04[sec] N, longitude148[deg]26[min]00[sec] W, 
proceeding north to latitude61[deg]30[min]00[sec] N, longitude 
148[deg]26[min]00[sec] W;thence east to the United States-Canadian 
boundary at latitude61[deg]30[min]00[sec] N, longitude 
141[deg]00[min]00[sec] W;thence south along the United States-Canadian 
boundary to latitude60[deg]18[min]24[sec] N, longitude 
141[deg]00[min]00[sec] W;thence southwest to the sea at latitude 
60[deg]01[min]18[sec] N,longitude 142[deg]00[min]00[sec] W; thence south 
to the outermostextent of the EEZ at latitude 56[deg]14[min]50[sec] N, 
longitude142[deg]00[min]00[sec] W; thence along the outermost boundary 
ofthe EEZ to latitude 54[deg]49[min]26[sec] N, 
longitude148[deg]26[min]00[sec] W; thence north to the point of origin.

[USCG-2006-25556, 72 FR 36326, July 2, 2007, asamended by USCG-2008-
0073, 73 FR 15080, Mar. 21, 2008]



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




Sec.
4.01 Purpose.
4.02 Display.

    Authority: 44 U.S.C. 3507; Department of HomelandSecurity Delegation 
No. 0170.1.

[[Page 53]]



Sec. 4.01  Purpose.

    This part collects and displays the control numbers assigned 
toinformation collection requirements of the Coast Guard by the Officeof 
Management and Budget pursuant to the Paperwork Reduction Act of1980, 
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guardintends that 
this subpart comply with the requirements of section3507(f) of the 
Paperwork Reduction Act, which requires that agenciesdisplay a current 
control number assigned by the Director of theOffice of Management and 
Budget (``OMB'') for each agencyinformation 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
Section 101.115........................  1625-0017
Part 103...............................  1625-0077
Part 104...............................  1625-0077
Section 104.297........................  1625-0017
Part 105...............................  1625-0077
Part 106...............................  1625-0077
Part 115...............................  1625-0015
Part 116...............................  1625-0073
Part 120...............................  1625-0077
Section 126.15(c)......................  1625-0016
Section 126.17.........................  1625-0005
Part 127...............................  1625-0049
Section 127.617........................  1625-0016
Section 127.1603.......................  1625-0016
Part 128...............................  1625-0077
Part 130...............................  1625-0046
Part 138...............................  1625-0046
Section 140.15.........................  1625-0050
Section 140.103........................  1625-0054
Section 141.35.........................  1625-0098
Part 143...............................  1625-0059
Part 144...............................  1625-0059
Part 145...............................  1625-0059
Part 146...............................  1625-0001 and
                                         1625-0059
Section 146.130........................  1625-0044
Section 146.140........................  1625-0059
Section 146.210........................  1625-0059
Part 151...............................  1625-0009
Section 151.19.........................  1625-0041
Section 151.21.........................  1625-0041
Section 151.43.........................  1625-0045
Section 151.55.........................  1625-0072
Section 151.57.........................  1625-0072
Section 151.2040.......................  1625-0069
Section 153.203........................  1625-0096
Section 154.107........................  1625-0095
Section 154.108........................  1625-0095
Section 154.110........................  1625-0093
Section 154.300 through 154.325........  1625-0021
Section 154.710........................  1625-0039
Section 154.740........................  1625-0039
Section 154.804........................  1625-0060
Section 154.806........................  1625-0060
Section 154.1220.......................  1625-0066
Section 154.1225.......................  1625-0066
Section 155.120........................  1625-0051 and
                                         1625-0095
Section 155.130........................  1625-0051 and
                                         1625-0095
Section 155.710........................  1625-0072
Section 155.715........................  1625-0072
Section 155.720........................  1625-0030
Section 155.740........................  1625-0030
Section 155.750........................  1625-0030
Section 155.820........................  1625-0030
Section 155.820(d).....................  1625-0039
Section 156.107........................  1625-0095
Section 156.110........................  1625-0095
Section 156.120........................  1625-0039
Section 156.150........................  1625-0039
Part 156, Subpart B....................  1625-0042
Section 156.200........................  1625-0042
Part 157...............................  1625-0036 and
                                         1625-0041
Section 157.37.........................  1625-0041
Section 157.415........................  1625-0083
Section 157.420........................  1625-0083
Section 157.430........................  1625-0083
Section 157.435........................  1625-0083
Section 157.450........................  1625-0083
Section 157.455........................  1625-0083
Part 158...............................  1625-0045
Section 158.140........................  1625-0045
Section 158.150........................  1625-0045
Section 158.165........................  1625-0045
Section 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
Section 165.100........................  1625-0088
Section 165.803(i).....................  1625-0023
Section 165.1709.......................  1625-0043
Section 169.140........................  1625-0103
Section 173.55.........................  1625-0003
Section 179.13.........................  1625-0010
Section 179.15.........................  1625-0010
Section 181.21 through 181.31..........  1625-0056
Part 183...............................  1625-0056
Part 187...............................  1625-0070
------------------------------------------------------------------------


[69 FR 34924, June 23, 2004]



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.

[[Page 54]]

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, orradio 
          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 Security 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 of1941, as 
amended, and recodified by Act of August 4, 1949, as 14U.S.C. 821 
through 832.
    (b) Auxiliary means the United States Coast Guard 
Auxiliaryestablished pursuant to the Act.
    (c) Commandant means the Commandant of the United StatesCoast Guard.
    (d) Member means any person who is a member of theAuxiliary.
    (e) Vessel means a motorboat or yacht.
    (f) Motorboat means any documented or numbered vesselpropelled by 
machinery, not more than 65 feet in length measured endto end over the 
deck excluding sheer.
    (g) Yacht means either (1) any documented or numbered vesselused 
exclusively for pleasure, or (2) any sailboat used exclusivelyfor 
pleasure over 16 feet in length measured from end to end over thedeck 
excluding sheer.
    (h) Radio station means any equipment (including a buildingwhich 
houses such equipment) the use of which to transmitcommunications by 
radio is authorized pursuant to law.
    (i) Aircraft means any contrivance now known or hereafterinvented, 
used or designed for navigation of or flight in the air.
    (j) Secretary means the Secretary of Homeland Security whenthe Coast 
Guard operates in the Department of Homeland Security or theSecretary of 
the Navy when the Coast Guard operates as part of theNavy.
    (k) Facility or facilities means a vessel, aircraft,and/or radio 
station.

[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended byCGFR 59-58, 24 FR 
10717, Dec. 25, 1959; CGD 96-026, 61FR 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 
seasand on navigable waters.
    (b) Promote efficiency in the operation of motorboats and yachts.
    (c) Foster a wider knowledge of, and better compliance with, 
thelaws, rules, and regulations governing the operation of motorboats 
andyachts.
    (d) Facilitate other operations of the Coast Guard.



Sec. 5.05  Organization.

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



Sec. 5.07  Administration.

    Any authority vested in the Commandant by this part may bedelegated 
by him to such personnel of the Coast Guard, in such mannerand to such 
extent, as he deems necessary or appropriate for thefunctioning, 
organization, and internal administration of theAuxiliary.



Sec. 5.09  Eligibility for membership.

    To be eligible for membership in the Auxiliary, a person (male 
orfemale) must be over 17 years of age; a citizen of the United Statesor 
of its Territories and possessions; and either own

[[Page 55]]

not lessthan a twenty-five percent interest in a motorboat, yacht, 
aircraft,or radio station; or have had such special training or 
experience asto qualify him in the opinion of the Commandant, for duty 
in theAuxiliary.

[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 
orcommissioned in the Coast Guard Reserve. Membership in the Auxiliaryis 
not a bar to membership in any other naval or militaryorganization.



Sec. 5.13  Application for membership.

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

[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 inthe 
Auxiliary and shall be issued a membership certificate andidentification 
card. Mere ownership of such a certificate or cardshall not entitle a 
member of the Auxiliary to be vested with orexercise any right, 
privilege, power, or duty vested in or imposedupon 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; 
uponceasing to possess the qualifications for membership; for cause; 
upondirection 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 
pursuecorrespondence courses conducted by the Coast Guard Institute at 
costwhen the furnishing of such courses does not interfere with 
otherregular 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 
theCommandant considers necessary for the administration and operation 
ofthe Auxiliary.



Sec. 5.23  Advancement.

    The Commandant shall prescribe the circumstances andqualifications 
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 
theAuxiliary. An honorary member of the Auxiliary, solely by reason 
ofsuch honorary membership, shall not be entitled to any of the 
rights,benefits, privileges, duties, or obligations of regular members 
of theAuxiliary.



Sec. 5.27  Assignment to specific duties.

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



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

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



Sec. 5.31  Power and authority.

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

[[Page 56]]



Sec. 5.33  Training, examination, and assignment.

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



Sec. 5.35  Use of facilities.

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

    The Coast Guard may utilize for any purpose incident to carryingout 
its functions and duties as authorized by the Secretary anymotorboat, 
yacht, aircraft, or radio station placed at its dispositionfor any of 
such purposes by any member of the Auxiliary, by anycorporation, 
partnership, or association, or by any State or politicalsubdivision 
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 theAct and 
the regulations in this part, shall communicate with theCommander of the 
Coast Guard district in which located indicating insuch 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 
theCoast Guard until an acceptance, on the prescribed form, has 
beensigned on behalf of the Coast Guard by a person authorized by 
theCommandant to sign such acceptance and a complete inventory 
ofconsumable and expendable stores and equipment has been made 
andmutually settled by the owner and the representative of the 
CoastGuard.

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



Sec. 5.41  Emergencies.

    In an emergency, as declared by the Commandant, the offer of 
avessel, aircraft, or radio station may be made without the use of 
theprescribed form, and such facility may be accepted on behalf of 
theCoast Guard without the use of the acceptance section of the 
aboveform 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 vesselof 
the United States, and within the meaning of section 827 of title14, 
U.S. Code, shall be deemed to be a vessel of the United StatesCoast 
Guard.
    (b) Any aircraft shall be deemed to be a vessel of the UnitedStates 
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; 49U.S.C. 1301).
    (c) Any radio station shall be deemed to be a radio station of 
theUnited 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 
theCoast Guard for a specific period, shall be returned at the 
expirationof such period, unless circumstances or emergent need make the 
returnimpracticable at that time. The Commandant will determine the 
method,time, and documents to be exchanged upon the return to the owner 
ofany facility. The property shall be reinventoried as of the time, 
dateand place of redelivery, and mutually settled by the owner and 
therepresentative of the Coast Guard. Should the vessel have 
beenaccepted under emergent conditions, any claim for lost equipment 
orstores must be supported by invoices showing the date of purchase 
andthe cost thereof by the person submitting claim therefor. 
Therepresentative of the Coast Guard shall

[[Page 57]]

take all properprecautions to protect the interest of the owner as well 
as that ofthe United States.



Sec. 5.47  Auxiliary ensign.

    (a) The Coast Guard Auxiliary ensign is a distinguishing 
mark,authorized by the Secretary, and may be displayed by any 
vessel,aircraft, or radio station at such times and under such 
circumstancesas may be authorized by the Commandant. The penalty for 
theunauthorized flying of any ensign, flag or pennant of the Auxiliary 
isset forth in Sec. 5.67 of this part.
    (b) The field of the Auxiliary ensign is medium blue (Coast 
Guardblue) with a broad diagonal white slash upon which a matching 
blueCoast Guard Auxiliary emblem is centered. The white slash shall be 
ata 70 degree angle, rising away from the hoist.
    (c) The Auxiliary emblem consists of a disk with the shield of 
theCoat of Arms of the United States circumscribed by an annulet 
edgedand inscribed ``U.S. COAST GUARD AUXILIARY'' all in frontof 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 tobe 
flown on all Auxiliary Operational Facility vessels under orders.The 
penalty for the unauthorized flying of any ensign, flag or pennantof the 
Auxiliary is set forth in Sec. 5.67 of this part.
    (b) The field of the Auxiliary Patrol Boat ensign is white. Amedium 
blue (Coast Guard blue) Coast Guard Auxiliary emblem iscentered on a 
broad diagonal red (Coast Guard red) slash which is at a70 degree angle, 
rising toward the hoist. The red (Coast Guard red)slash is followed, 
away from the hoist, by two narrow, parallelstripes, first a white 
stripe and then a medium blue (Coast Guardblue) 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 
theCoast Guard may be reimbursed for the actual necessary expenses 
ofoperating that facility, in accordance with applicable statutes andthe 
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 
hisservices as a member of the Auxiliary.



Sec. 5.57  Traveling expenses and per diem.

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

[CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended byCGFR 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 asa 
result of physical injury incurred while performing patrol duty orany 
other specific duty to which he has been assigned, such member orhis 
beneficiary shall be entitled to the same benefits as are now oras may 
hereafter be provided for temporary members of the Coast GuardReserve 
who suffer physical injury or death resulting from physicalinjury 
incurred in line of duty. Members of the Auxiliary who contractsickness 
or disease while performing patrol duty or any other specificduty to 
which they have been assigned shall be entitled to the samehospital 
treatment as is afforded members of the Regular Coast Guard.



Sec. 5.61  Uniforms.

    Members of the Auxiliary may purchase from the Coast Guard atactual 
cost such uniforms as may be authorized by the Secretary. Suchuniforms 
may be worn by members of the Auxiliary under suchcircumstances and upon 
such occasions as may be authorized by theCommandant.



Sec. 5.63  Insignia.

    Insignia, as authorized by the Secretary, may be purchased fromthe

[[Page 58]]

Coast Guard at actual cost and may be worn by members of theAuxiliary 
under such circumstances, at such places, and upon suchoccasions as may 
be prescribed by the Commandant.



Sec. 5.65  Medals.

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



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

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

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

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



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




                        Subpart 6.01_Definitions

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

                     Subpart 6.04_General Provisions

6.04-1 Enforcement.
6.04-5 Preventing access of persons, articles orthings to vessels, or 
          waterfront facilities.
6.04-6 Establishing security zones; prohibitions withrespect 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 FromVessels and 
                          Waterfront Facilities

6.10-1 Issuance of documents and employment ofpersons 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 OtherDangerous 
                                  Cargo

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

    Subpart 6.14_Security of Waterfront Facilities and Vesselsin Port

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

              Subpart 6.16_Sabotage and Subversive Activity

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

                         Subpart 6.18_Penalties

6.18-1 Violations.

   Subpart 6.19_Responsibility for Security of Vessels andWaterfront 
                               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, unlessotherwise 
noted.

    Cross Reference: For regulations implementing thegeneral enforcement 
provisions contained in Subparts6.01--Definitions and 6.04--General 
Provisions, see part125 of this chapter.



                        Subpart 6.01_Definitions



Sec. 6.01-1  Commandant.

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



Sec. 6.01-2  District Commander.

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

[[Page 59]]



Sec. 6.01-3  Captain of the Port.

    Captain of the Port as used in this part, means the officerof the 
Coast Guard, under the command of a District Commander, sodesignated by 
the Commandant for the purpose of giving immediatedirection to Coast 
Guard law enforcement activities within hisassigned area. In addition, 
the District Commander shall be Captain ofthe Port with respect to 
remaining areas in his District not assignedto 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,'' asused in this part, 
means all piers, wharves, docks, or similarstructures to which vessels 
may be secured and naval yards, stations,and installations, including 
ranges; areas of land, water, or land andwater under and in immediate 
proximity to them; buildings on them orcontiguous to them and equipment 
and materials on or in them.

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



Sec. 6.01-5  Security zone.

    Security zone as used in this part, means all areas of land,water, 
or land and water, which are so designated by the Captain ofthe Port for 
such time as he deems necessary to prevent damage orinjury to any vessel 
or waterfront facility, to safeguard ports,harbors, territories, or 
waters of the United States or to secure theobservance 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 ofthe Coast 
Guard designated by the Commandant to command a Coast GuardArea.

[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 bythe 
Captain of the Port under the supervision and general direction ofthe 
District Commander, Area Commander, and the Commandant. Allauthority and 
power vested in the Captain of the Port by theregulations in this part 
shall be deemed vested in and may beexercised by the District Commander, 
Area Commander, and theCommandant.
    (b) The rules and regulations in this part may be enforced by 
anyother officer or petty officer of the Coast Guard designated by 
theDistrict Commander, Area Commander, or the Commandant.
    (c) Any authority or power under this part vested in, delegatedto, 
or exercised by a member of the Coast Guard shall be subject tothe 
direction of the Secretary of the Department in which the CoastGuard is 
operating.

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



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

    The Captain of the Port may prevent any person, article, or 
thingfrom boarding or being taken or placed on board any vessel or 
enteringor being taken into or upon or placed in or upon any 
waterfrontfacility whenever it appears to him that such action is 
necessary inorder to secure such vessel from damage or injury or to 
prevent damageor injury to any vessel, or waterfront facility or waters 
of theUnited States, or to secure the observances of rights and 
obligationsof 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 
theterms and conditions specified in Sec. 6.01-5. Noperson or vessel 
shall enter a security zone without the permission ofthe Captain of the 
Port. No person shall board or take or place anyarticle or thing on 
board any vessel in a security zone without thepermission of the Captain 
of the Port. No person shall take or placeany article or thing upon any 
waterfront facility in any such zonewithout such permission.

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

[[Page 60]]



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

    The Captain of the Port may cause to be inspected and searched atany 
time any vessel, waterfront facility, or security zone, or anyperson, 
article, or thing thereon or therein, within the jurisdictionof the 
United States, may place guards upon any such vessel,waterfront 
facility, or security zone and may remove therefrom any andall persons, 
articles, or things not specifically authorized by him togo 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 ofany 
vessel and shall take full or partial possession or control of anyvessel 
or any part thereof, within the territorial waters of theUnited States 
under his jurisdiction, whenever it appears to him thatsuch action is 
necessary in order to secure such vessel from damage orinjury, or to 
prevent damage or injury to any vessel or waterfrontfacility or waters 
of the United States, or to secure the observanceof 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 
ofFederal, State, county, municipal, and private agencies to assist 
inthe enforcement of regulations issued pursuant to this part.



  Subpart 6.10_Identification and Exclusion of Persons FromVessels 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 
amerchant vessel of the United States nor shall any person be employedon 
a merchant vessel of the United States unless the Commandant issatisfied 
that the character and habits of life of such person aresuch as to 
authorize the belief that the presence of the individual onboard would 
not be inimical to the security of the United States:Provided, That the 
Commandant may designate categories ofmerchant 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 
anyvessel or any waterfront facility within the jurisdiction of 
theUnited States may be required to carry identification 
credentialsissued by or otherwise satisfactory to the Commandant. The 
Commandantmay define and designate those categories of vessels and areas 
of thewaterfront wherein such credentials are required.



Sec. 6.10-7  Identification credentials.

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

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



Sec. 6.10-9  Appeals.

    Persons who are refused employment or who are refused the issuanceof 
documents or who are required to surrender such documents, underthis 
subpart, shall have the right of appeal, and the Commandant shallappoint 
Boards for acting on such appeals. Each such Board shall, sofar as 
practicable, be

[[Page 61]]

composed of one Coast Guard officer, onemember drawn from management, 
and one member drawn from labor. Themembers drawn from management and 
labor shall, upon suitable securityclearance, be nominated by the 
Secretary of Labor. Such members shallbe deemed to be employees of the 
United States and shall be entitledto compensation under the provisions 
of section 15 of the act ofAugust 2, 1946 (5 U.S.C. 55a) while 
performing duties incident to suchemployment. The Board shall consider 
each appeal brought before itand, in recommending final action to the 
Commandant, shall insure theappellant all fairness consistent with the 
safeguarding of thenational security.



  Subpart 6.12_Supervision and Control of Explosives or OtherDangerous 
                                  Cargo



Sec. 6.12-1  General supervision and control.

    The Captain of the Port may supervise and control thetransportation, 
handling, loading, discharging, stowage, or storage ofhazardous 
materials on board vessels as covered by the regulations in49 CFR parts 
170-189, 46 CFR parts 150-156, 46 CFR parts146-148 and the regulations 
governing tank vessels (46 CFRparts 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 thehandling 
and storage of, and for vessel loading and discharging,explosives, 
inflammable or combustible liquids in bulk, or otherdangerous articles 
or cargo covered by the regulations referred to inSec. 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 thesafeguarding of such waterfront facilities and 
vessels as theCommandant may prescribe.



    Subpart 6.14_Security of Waterfront Facilities and Vesselsin Port



Sec. 6.14-1  Safety measures.

    The Commandant, in order to achieve the purposes of this part, 
mayprescribe such conditions and restrictions relating to the safety 
ofwaterfront facilities and vessels in port as he finds to be 
necessaryunder existing circumstances. Such conditions and restrictions 
mayextend, but shall not be limited to, the inspection, 
operation,maintenance, guarding, and manning of, and fire-prevention 
measuresfor, 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 anyvessel 
to a wharf, dock, pier, or other waterfront structure wouldendanger such 
vessel, or any other vessel, or the harbor or anyfacility therein by 
reason of conditions existing on or about suchwharf, dock, pier, or 
other waterfront structure, including, but notlimited to, inadequate 
guard service, insufficient lighting, firehazards, inadequate fire 
protection, unsafe machinery, internaldisturbance, or unsatisfactory 
operation, the captain of the port mayprevent the mooring of any vessel 
to such wharf, dock, pier, or otherwaterfront structure until the 
unsatisfactory condition or conditionsso found are corrected, and he 
may, for the same reasons, after anyvessel has been moored, compel the 
shifting of such vessel from anysuch wharf, dock, pier, or other 
waterfront structure.

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



              Subpart 6.16_Sabotage and Subversive Activity



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

    Evidence of sabotage or subversive activity involving orendangering 
any vessel, harbor, port, or waterfront facility shall bereported 
immediately to the Federal Bureau of Investigation

[[Page 62]]

and tothe 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 
waterfrontfacility shall take all necessary precautions to protect the 
vessel,waterfront facility, and cargo from sabotage.



                         Subpart 6.18_Penalties



Sec. 6.18-1  Violations.

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

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



   Subpart 6.19_Responsibility for Security of Vessels andWaterfront 
                               Facilities



Sec. 6.19-1  Primary responsibility.

    Nothing contained in this part shall be construed as relieving 
themasters, owners, operators, and agents of vessels or other 
waterfrontfacilities from their primary responsibility for the 
protection andsecurity 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. 
TheCoast Guard Reserve trains personnel for mobilization and 
foraugmentation 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 
ofthe regular Coast Guard during time of serious natural or man-
madedisaster under 14 U.S.C. 712; and
    (3) Augmentation of the regular Coast Guard during active duty 
orinactive duty for training.
    (c) A member of the Reserve on active duty or inactive dutytraining 
has the same authority, rights, and privileges in theperformance of that 
duty as a member of the regular Coast Guard ofcorresponding grade or 
rating.

[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended byCGD 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 equippedunder 
the direction of the Commandant.
    (b) The Director of Reserve and Training is responsible for 
theoverall administration and supervision of the Reserve.
    (c) In Atlantic Area, Integrated Support Commands haveresponsibility 
for local Reserve issues; however, in Pacific Area,responsibility for 
local Reserve issues remains with DistrictCommanders.

[[Page 63]]

    (d) Most Coast Guard Reservists are fully integrated intoactive duty 
Coast Guard units. There, Reservists perform the sameduties and have the 
same responsibilities as their active dutycounterparts. Their integrated 
work prepares Reservists to perform theduties of their mobilization 
assignments while at the same timeproviding assistance to the active 
service. Some Reservists areassigned to dedicated Reserve units where 
they train and mobilize insupport 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 
theCommandant.
    (b) Permanent regulations are published in Coast Guardpublications 
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 
areincluded in instructions or notices in the Coast Guard 
directivessystem.
    (d) Other regulations that affect the Reserve are located 
inDepartment of Defense and Department of the Navy regulations in 
Title32 of the Code of Federal Regulations.

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



Sec. 8.7  Information.

    (a) Information concerning the Coast Guard Reserve may be 
obtainedfrom Commandant (G-WTR), U.S. Coast Guard Headquarters, 
Washington, DC20593-0001.
    (b) Information and requirements for enlistment in the Coast 
GuardReserve or concerning the procurement of officers for the Coast 
GuardReserve can be obtained from the following offices:
    (1) Any Coast Guard Recruiting Office.
    (2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite450, 
Arlington, VA 22203.

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



PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILARDEVICES--Table of Contents




  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, andMiniatures

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

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



  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, andMiniatures



Sec. 13.01-1  General.

    Lifesaving Medals of gold and silver, designated as the 
GoldLifesaving Medal and the Silver Lifesaving Medal, respectively, may 
beawarded by the Commandant, U.S. Coast Guard, hereinafter called 
theCommandant, under 14 U.S.C. 500 and the regulations in this subpart 
topersons rescuing or endeavoring to rescue any other person 
fromdrowning, 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 
orendeavors to rescue any other person from drowning, shipwreck or 
otherperil of the water. In order for a person to be eligible for 
aLifesaving Medal the rescue or attempted rescue must take place 
inwaters within the United States or subject to the jurisdictionthereof, 
or if the rescue or attempted rescue takes

[[Page 64]]

place outsidesuch waters, one or the other of the parties must be a 
citizen of theUnited States or from a vessel or aircraft owned or 
operated bycitizens of the United States. If such rescue or attempted 
rescue ismade at the risk of one's own life and evidences extreme and 
heroicdaring, the medal shall be of gold. If such rescue or attempted 
rescueis not sufficiently distinguished to deserve the medal of gold 
butevidences the exercise of such signal exertion as to 
meritrecognition, the medal shall be of silver. Lifesaving Medals may 
beawarded posthumously.



Sec. 13.01-10  Gold and silver bars.

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



Sec. 13.01-15  Applications and recommendations.

    (a) All administrative details pertaining to the award ofLifesaving 
Medals are under the jurisdiction of the Commandant.Applications and 
recommendations for the award of a Lifesaving Medalmay be filed by or in 
behalf of the person making or attempting arescue under circumstances 
contemplated by the regulations in thissubpart. Applications or 
recommendations for award of medals orrequests for information 
pertaining thereto should be addressed to theCommander of the Coast 
Guard District, hereinafter called the DistrictCommander, where the 
incident took place. (See part 3 of thissubchapter for descriptions of 
Coast Guard Districts.) If the Districtis unknown, or if the incident 
took place outside any such district,applications and recommendations 
should be addressed to theCommandant, U.S. Coast Guard, Washington, D.C. 
20593.
    (b) Completed applications must include:
    (1) Satisfactory evidence of the services performed, in the formof 
affidavits, made by eyewitnesses of good repute and standingtestifying 
of their own knowledge. The opinion of witnesses that theperson for whom 
an award is sought imperiled his or her own life ormade signal exertions 
is not sufficient but the affidavits must setforth in detail all facts 
and occurrences tending to show clearly inwhat manner and to what extent 
life was risked or signal exertionsmade so that the Commandant may judge 
for himself as to the degree ofmerit involved.
    (2) The precise locality of the rescue or attempted rescue,whether 
from waters within the United States or subject to thejurisdiction 
thereof, or if the rescue or attempted rescue is outsidesuch waters, 
whether one or the other of the parties is a citizen ofthe United 
States, or from a vessel or aircraft owned or operated bycitizens of the 
United States, shall be stated. The date, time of day,nature of the 
weather, condition of the water, the names of allpersons present when 
practicable, the names of all persons renderingassistance, and all 
pertinent circumstances and data, showing theprecise 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 
therecommendation. Upon receipt the Commandant or the cognizant 
DistrictCommander shall cause such recommendation to be referred to 
aninvestigating officer who shall cause to be developed such 
additionalinformation and evidence as is deemed necessary to either 
(i)terminate the investigation as containing insufficient 
justificationto continue further, or (ii) to complete the application 
forsubmission to the Commandant for his final determination.
    (d) Either the Commandant or the District Commander may, withoutany 
application or recommendation, of his own motion, order aninformal 
investigation into such an incident under

[[Page 65]]

Chapter II, ofthe Coast Guard Supplement to the Manual for Courts-
Martial(CG-241).
    (e) Affidavits required by this subpart shall be made before 
anofficer duly authorized to administer oaths and if taken before 
anofficer without an official seal, his official character must 
becertified by the proper officer of a court of record, under the 
sealthereof, unless the oath be taken before an officer of the 
ArmedForces authorized to administer oaths under the provisions of 
Article136, UCMJ (10 U.S.C. 936).
    (f) Cognizant District Commanders shall act upon all applicationsand 
recommendations submitted to them from whatever source and shall:
    (1) Forward completed applications with his recommendations to 
theCommandant for his consideration and determination; or,
    (2) Inform the applicant or the person submitting therecommendation 
that he considers such application or recommendationincomplete together 
with the reasons therefor and that a period of 90days will be allowed 
for additional evidence to be provided upon theexpiration of which he 
will file the application or recommendationwithout further action.
    (g) Whenever the cognizant District Commander shall deem suchaction 
necessary, he may require that the aforementioned affidavitsshall be 
accompanied by a certificate showing the affiants to becredible persons, 
certified by some U.S. Officer, such as a judge orclerk of a U.S. Court, 
district attorney, collector of customs,postmaster, or officer of the 
Armed Forces. If the affiant is acitizen or resident of a foreign 
country and if the affidavit isexecuted in such foreign country, the 
credibility certificate may beexecuted by an officer of such foreign 
country, who occupies anofficial 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 
LifesavingMedals shall be final.



Sec. 13.01-20  Definitions.

    As used in the statutes cited and in the regulations in thissubpart:
    (a) ``Peril of the water'' includes all perils onwater caused by, or 
which are such by reason of, the sea or bodies ofwater such as lakes, 
bays, sounds and rivers; whenever, wherever andin whatever way human 
life is directly imperiled by the sea or a bodyof water is a peril of 
the water.
    (b) A ``shipwreck'' includes an incident threateningpersons whose 
lives are endangered by perils of the water as well asthose who are, 
strictly speaking, no longer in danger from the sea ora body of water, 
that peril already having passed, but who are inimminent danger and in 
great need of succor or rescue, as e.g., beingadrift in an open boat or 
stranded on some barren coast where, withoutsuccor or rescue, they would 
die of starvation, thirst, or exposure.
    (c) ``Waters within the United States or subject to thejurisdiction 
thereof,'' embrace all waters within the UnitedStates, and any other 
waters over which the United States exercisesjurisdiction.



Sec. 13.01-25  Description of Gold Lifesaving Medal.

    (a) The Gold Lifesaving Medal is 99.9 percent pure gold andconsists 
of a pendant suspended by a swivel from the head of an eagleattached 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 inchwhite stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of aninch white stripe, and a 
\3/16\ths of an inch red stripe. The pendantis 1 and \7/16\ths inches in 
diameter and \3/32\ds of an inch inthickness. There appear, on the 
obverse side of the pendant, three menin a boat in a heavy sea; one is 
rescuing a person clinging to a sparat the end of which is a block and 
line; another is standing, preparedto heave a line; a third is rowing; 
in the distance, to the left, isthe wreck of a vessel; the whole is 
encircled by the words:``United States of America'', in the upper half, 
and``Act of Congress, August 4, 1949'', in the lower half. Onthe reverse 
side of the pendant there appears, in the center amonument surmounted by 
an American eagle; the figure of a womanstands, to the left, holding in 
her left hand an oak wreath, and withher right hand, preparing to

[[Page 66]]

inscribe the name of the recipient onthe monument; to the right are 
grouped a mast, a yard with a sail, ananchor, a sextant, and a laurel 
branch; the whole is encircled by thewords: ``In testimony of heroic 
deeds in saving life from theperils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall 
beinscribed on the ``monument'', on the reverse of themedal.



Sec. 13.01-30  Description of Silver Lifesaving Medal.

    (a) The Silver Lifesaving Medal is 99 percent pure silver 
andconsists of a pendant suspended by a swivel from the head of an 
eagleattached 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 
inchwhite stripe, a \15/16\ths of an inch silver gray stripe, a \1/32\d 
ofan inch white stripe, and a \3/32\ds of an inch blue stripe. 
Thependant is 1 and \7/16\ths inches in diameter and \3/32\ds of an 
inchin thickness. On the obverse side of the pendant there appears 
thefigure of a woman hovering over a man struggling in heavy sea 
andextending to him one end of a long scarf; the whole is encircled 
bythe words: ``United States of America'', in the upperhalf, and ``Act 
of Congress, August 4, 1949'', in thelower half. On the reverse there 
appears a laurel wreath encircled bythe words: ``In testimony of heroic 
deeds in saving life fromthe perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall 
beinscribed 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 
asthe medal previously awarded recipient, and is 1 and \5/8\ths 
incheslong by \3/16\ths of an inch wide with a flowing ribbon draped 
overthe left end and passing in back and appearing beneath the bar. 
Thepart of the ribbon showing beneath the bar bears the inscription``Act 
of Congress, August 4, 1949'', in raised blockletters. The bar and 
ribbon are in folds of a spray of laurel with theleave showing above and 
beneath.
    (b) Engraving: Before presentation, the recipient's name shall 
beinscribed on the obverse of the bar.



Sec. 13.01-40  Miniature medals and bars.

    (a) Miniature Gold and Silver Lifesaving Medals and bars arereplicas 
of the Lifesaving Medals and bars, to be worn on civilianclothing. Such 
miniatures are not furnished by the Government.
    (b) Miniature medals and bars may procured from sources authorizedby 
the Commandant, U.S. Coast Guard, to furnish same to persons whoproduce 
original documentary evidence of having been awarded the medalor 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 atcost 
to the applicant upon submitting a statement in affidavit form ofhaving 
been awarded a medal or bar and the circumstances involvingloss of same. 
A Lifesaving Medal or bar, however, may be replacedwithout charge in the 
discretion of the Commandant, if said medal orbar has, under extremely 
unusual circumstances, been lost, destroyedor rendered unfit for use 
without fault or neglect on the part of theperson to whom it was 
awarded.



PART 17_UNITED STATES COAST GUARD GENERAL GIFTFUND--Table of Contents




                    Subpart 17.01_General Provisions

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

                      Subpart 17.05_Administration

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

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

[[Page 67]]



                    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 
OrderNo. 167-1, dated January 16, 1953 (18 FR 671), the regulationsin 
this part are hereby prescribed to provide for the acceptance 
andsubsequent use of gifts, devises, or bequests of property, real 
orpersonal, made on the condition that they be used for the benefit 
of,or in connection with, the establishment, operation, maintenance, 
oradministration of any school, hospital, library, museum, chapel, 
orother institution or organization under the jurisdiction of the 
UnitedStates 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 thebenefit of, or 
in connection with, the establishment, operation,maintenance, or 
administration of any school, hospital, library,museum, chapel, or other 
institution or organization under thejurisdiction of the United States 
Coast Guard. The Commandant isauthorized to pay all necessary fees, 
charges, and expenses inconnection with the conveyance or transfer of 
any such gifts, devises,or bequests.
    (b) The Commandant may authorize or designate officers of theUnited 
States Coast Guard to accept gifts, devises, or bequests.

[CGFR 53-18, 18 FR 3171, June 3, 1953, as amended byCGFR 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 instrumentform. 
If in the form of a money order, check, etc., it should be madepayable 
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 onthe 
proper form used by the United States Coast Guard to acknowledgereceipt 
of collections to the donor of a gift or bequest of money orfor the 
proceeds from a sale of property received as a gift or devise.
    (b) Gifts or bequests of money, or the proceeds from sales 
ofproperty received as gifts or devises shall be deposited in 
theTreasury of the United States under symbol and title``20X8533--United 
States Coast Guard, General GiftFund.'' Funds so deposited shall be 
subject to disbursement byor at the direction of the Commandant, United 
States Coast Guard, forthe benefit or use of the designated school, 
hospital, library,museum, chapel, or other institution or organization 
under thejurisdiction of the United States Coast Guard subject to the 
terms ofthe particular gift, devise, or bequest.
    (c) 10 U.S.C. 2601(c) states that any gift, devise, or bequest 
ofproperty, real or personal, accepted under these provisions shall 
bedeemed to be a gift, devise, or bequest to or for the use of theUnited 
States for the purpose of Federal income, estate, and gifttaxes.

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



Sec. 17.05-10  Instructions for administration.

    The Commandant, United States Coast Guard, will issue suchdetailed 
instructions as may be necessary for the administration ofthe ``United 
States Coast Guard General Gift Fund'' or forthe acceptance, operation, 
or maintenance of property, real orpersonal, that may be accepted for 
the benefit of or in connectionwith any school, hospital, library, 
museum, chapel, or otherinstitution or organization under the 
jurisdiction of the UnitedStates Coast Guard subject to the terms and 
conditions of anyparticular gift, devise, or bequest.

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

[[Page 68]]



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



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

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

Sec.
19.01 Procedures for effecting individual waivers ofnavigation and 
          vessel inspection laws and regulations.
19.04 Vessels requisitioned by the United States foremergency 
          evacuation.
19.06 Vessels operated by or chartered to Military SealiftCommand.
19.07 Chronological record of seaman's previous employment.
19.15 Permits for commercial vessels handling explosives atmilitary 
          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 HomelandSecurity 
Delegation No. 0170.1.



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

    (a) It is hereby found necessary in the interest of nationaldefense 
to waive compliance with the navigation and vessel inspectionlaws 
administered by the Coast Guard, as well as the regulationsissued 
thereunder and contained in 46 CFR Chapter I or in thischapter, to the 
extent and in the manner and upon the terms andconditions as set forth 
in this section.
    (b) An application requesting that a waiver be made effective 
withrespect to a particular vessel may be made by any 
authorizedrepresentative of an agency of the United States Government or 
anyother interested person (including the master, agent, or owner of 
thevessel involved). Except as provided in paragraph (d) of this 
section,the application shall be in writing. The application shall 
bedelivered to the Coast Guard District Commander or to his 
designatedrepresentative at the port or place where the vessel is 
located. Inthe case of a vessel in any port or place of the Canal Zone 
or in anyforeign port or place, the application shall be made to the 
designatedrepresentative of the Commandant at such port or place, or if 
theCoast Guard has not established facilities in such port or place, 
tothe nearest designated representative of the Commandant at a port 
orplace where such facilities have been established. Every 
applicationshall contain a statement of the particular provisions of law 
withrespect to which waiver of compliance is requested, a 
certificationthat the waiver of compliance with such laws with respect 
to thevessel involved is necessary in the interest of national defense 
and,an outline of the facts upon which such certification is based. 
TheCoast Guard District Commander (or his designated representative 
orthe designated representative of the Commandant, as the case may 
be)shall promptly examine every application for the purpose 
ofdetermining whether the necessity for prompt action is such as 
torequire that the waiver be made effective by him without reference 
tothe Commandant. In any case in which it appears to the Coast 
Guardofficer concerned that reference of the application to the 
Commandantfor action would not delay the sailing of the vessel or 
otherwise becontrary to the interest of national defense, the 
application shall beso referred. In all other cases such Coast Guard 
officer shall giveimmediate consideration to the application and if he 
reaches theconclusion that the urgency of the situation outweighs the 
marinehazard involved, then such waiver shall be made effective in 
regard tosuch vessel to the extent and under the circumstances specified 
byhim.
    (c) The Coast Guard officer making such a waiver effectivepursuant 
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 waiveris 
effective, the extent to which compliance with such laws 
(alsoregulations, if any) is waived, and the period for which the 
waivershall be effective. If practicable, one copy of this order shall 
bedelivered to the master of the vessel involved before such 
vesselsails. In any case where the order is not delivered to the master, 
itshall be delivered to the owner, operator, or agent of the 
vesselwithout delay. One copy of the order shall be transmitted to 
theCommandant and the remaining copy kept on file.

[[Page 69]]

    (d) In any case of extreme urgency the application for awaiver may 
be made orally and if the Coast Guard District Commander(or his 
designated representative or the designated representative ofthe 
Commandant, as the case may be) reaches the conclusion referred toin 
paragraph (b) of this section, the waiver shall be made effectivewithout 
further delay, subject to the condition that the applicationbe reduced 
to writing and delivered within such period after the dateof the oral 
request as the Coast Guard officer making the waivereffective shall 
specify in the order.
    (e) No penalty shall be imposed because of failure to comply withany 
provision of law (or regulation, if any), the waiver of which hasbeen 
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 emergencyevacuation.

    Pursuant to the request of the Acting Secretary of Defense, 
datedNovember 21, 1951, made under the provisions of section 1 of Pub. 
L.891, 81st Congress, approved December 27, 1950, compliance is 
herebywaived with the provisions of the navigation and vessel 
inspectionlaws administered by the United States Coast Guard, as well as 
theregulations issued thereunder and contained in this chapter, to 
theextent necessary to permit the operation of vessels which might 
berequisitioned by the United States for the purpose of 
emergencyevacuation.

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



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

    (a) Pursuant to the request of the Deputy Secretary of Defense,dated 
August 6, 1958, and to the request of the Assistant Secretary ofDefense, 
Installations and Logistics, dated May 23, 1964, made underthe 
provisions of section 1 of Pub. L. 891, 81st Congress, approvedDecember 
27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section1), and their 
findings that a waiver is necessary in the interest ofnational defense, 
compliance with the provisions of the navigation andvessel inspection 
laws administered by the United States Coast Guard,as well as the 
regulations issued thereunder and contained in 33 CFRChapter I, or in 
this chapter, is hereby waived to the extent and uponthe terms and 
conditions as set forth in this section, in order topermit vessels 
operated by or chartered to the Military SealiftCommand to carry out 
their assigned missions.
    (b) An application requesting that this waiver be made effectivewith 
respect to a particular vessel may be made by the Commander,Military 
Sealift Command, or any one of his duly designatedrepresentatives. 
Except as provided in paragraph (e) of this section,the application 
shall be in writing. The application shall bedelivered to the Coast 
Guard District Commander or to his designatedrepresentative at the port 
or place where the vessel is located. Inthe case of a vessel in any 
foreign port or place, the applicationshall be made to the designated 
representative of the Commandant atsuch port or place, or if the Coast 
Guard has not establishedfacilities in such port or place, to the 
nearest designatedrepresentative of the Commandant at a port or place 
where suchfacilities have been established, or to the Commandant (G-
MOC), U.S.Coast Guard, Washington, DC 20593-0001. Every 
applicationshall:
    (1) Describe the laws and/or regulations by appropriate 
referencesand/or subjects with respect to which the waiver of compliance 
isdesired;
    (2) Contain a certification that the waiver of compliance withsuch 
laws and/or regulations with respect to the vessel involved isnecessary 
in the interest of national defense and is necessary for theMilitary 
Sealift Command to carry out an assigned mission;
    (3) The name and official number of the vessel involved 
(includingthe 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) 
ofthis section effective for a particular vessel shall 
immediatelyprepare, in quadruplicate, an order setting forth:
    (1) The name and official number of the vessel involved;

[[Page 70]]

    (2) The laws and/or regulations with respect to which thewaiver is 
effective;
    (3) The extent to which compliance with such laws and/orregulations 
is waived; and
    (4) The period for which the waiver shall be effective.
    (d) If practicable, one copy of this waiver order shall bedelivered 
to the master of the vessel involved before such vesselsails. In any 
case where the waiver order is not delivered to themaster, it shall be 
delivered to the owner, operator, or agent of thevessel without delay. 
One copy of the waiver order shall be deliveredto the Commander, 
Military Sealift Command, or his duly designatedrepresentative, who 
submitted the application. One copy of the waiverorder shall be 
transmitted to the Commandant (G-MOC) and the remainingcopy kept on 
file.
    (e) In any case of extreme urgency, the application for a 
waiverorder may be made orally and if the Coast Guard District Commander 
(orhis designated representative, or the designated representative of 
theCommandant, or the Commandant, as the case may be), determines 
thatthe conditions in this section have been met, the waiver order 
shallbe made effective without further delay, subject to the condition 
thatthe application be reduced to writing and delivered within such 
periodafter the date of the oral request as the Coast Guard officer 
makingthe waiver effective shall specify in the confirming written 
waiverorder.
    (f) No penalty shall be imposed because of failure to comply withany 
provision of law and/or regulation, the waiver of which has beenmade 
effective pursuant to the requirements of this section.
    (g) This waiver order shall remain in effect until terminated 
byproper authority and notice of cancellation is published in theFederal 
Register.

[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR33662, June 28, 1996; USCG-2004-
18057, 69 FR 34925, June23, 2004]



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

    (a) Compliance is hereby waived with regard to the provisions 
ofsubsection (h) of R.S. 4551, as amended (46 U.S.C. 643), to the 
extentnecessary to permit the Commandant of the United States Coast 
Guard toissue a chronological record of a seaman's previous employment 
on asingle document, in lieu of making individual entry in a 
duplicatecontinuous discharge book or furnishing individual certificates 
ofdischarge.
    (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 
ofnational defense.

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

    Cross Reference: See 49 CFR 7.93 for the fee for thisrecord.



Sec. 19.15  Permits for commercial vessels handling explosives at militaryinstallations.

    Pursuant to the request of the Secretary of Defense in a letterdated 
October 19, 1955, made under the provisions of section 1 of theact of 
December 27, 1950 (64 Stat. 1120; 46 U.S.C., note prec. 1), Ihereby 
waive in the interest of national defense compliance with theprovisions 
of R.S. 4472, as amended (46 U.S.C. 170), and theregulations promulgated 
thereunder in part 146 of this chapter to theextent that no quantitative 
restrictions, based on considerations ofisolation and remoteness, shall 
be required by the Coast Guard forcommercial vessels loading or 
unloading explosives at the Departmentof Defense waterfront 
installations. This waiver shall not relieve acommercial vessel loading 
or unloading explosives at the Department ofDefense waterfront 
installations from the requirement of securing apermit from the Coast 
Guard for such operations with respect toquantitative or other 
restrictions imposed by the Coast Guard on thebasis of each vessel's 
ability to meet prescribed stowage and handlingrequirements.

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

[[Page 71]]



PART 20_RULES OF PRACTICE, PROCEDURE, ANDEVIDENCE 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, forinspection 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 Availabilityof Orders

20.1101 Finality.
20.1102 Petitions to set aside decisions and providehearings 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 72]]

20.1209 Appeals of ALJ's decisions.

 Subpart M_Supplementary Evidentiary Rules for Suspensionand Revocation 
                                Hearings

20.1301 Purpose.
20.1303 Authentication and certification of extracts fromshipping 
          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 andrecords 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 inaggravation or 
          mitigation.

    Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C.7701, 7702; 
Department of Homeland Security Delegation No. 0170.1,para. 2(73).

    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, 
andevidence in this part apply to the following subjects 
ofadministrative proceedings before the United States Coast Guard:
    (a) Class II civil penalties assessed under subsection 311(b) ofthe 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)).
    (b) Class II civil penalties assessed under section 109 of 
theComprehensive Environmental Response, Compensation, and Liability 
Act(42 U.S.C. 9609(b)).
    (c) Suspensions and revocations conducted under 46 U.S.C. Chapter77.



Sec. 20.102  Definitions.

    Administrative Law Judge or ALJ means any person designatedby the 
Commandant under paragraph 556(b)(3) of the AdministrativeProcedure Act 
(APA) (5 U.S.C. 556(b)(3)) to conduct hearings arisingunder 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 theAdministrative 
Law Judge appointed as the Chief Administrative LawJudge of the Coast 
Guard by the Commandant.
    Class II Civil penalty proceeding means a trial-typeproceeding for 
the assessment of a civil penalty that affords anopportunity for an 
oral, fact-finding hearing before an ALJ.
    Coast Guard Representative means an official of the CoastGuard 
designated to prosecute an administrative proceeding.
    Commandant means the Commandant of the Coast Guard. Itincludes the 
Vice-Commandant of the Coast Guard acting on behalf ofthe Commandant in 
any matter.
    Complaint means a document issued by a Coast Guardrepresentative 
alleging a violation for which a penalty may beadministratively assessed 
under 33 U.S.C. 1321(b) or 42 U.S.C.9609(b), or a merchant mariner's 
license, certificate of registry, ordocument suspended or revoked under 
46 U.S.C. 7703 or 7704.
    Hearing Docket Clerk means an employee of the Office of theChief ALJ 
who is responsible for receiving documents, determiningtheir 
completeness and legibility, and distributing them to ALJs andothers, as 
required by this part.
    Interested person means a person who, as allowed inSec. 20.404, 
files written comments on a proposed assessmentof a class II civil 
penalty or files written notice of intent topresent evidence in any such 
hearing held on the proposed assessment.
    Mail means first-class, certified, or registered matter sentby 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, 
anassociation, a public or private organization, or a 
governmentalagency.
    Personal delivery means delivery by hand or in person, orthrough use 
of a contract service or an express-courier service. Itdoes not include 
use of governmental interoffice mail.
    Pleading means a complaint, an answer, and any amendment tosuch 
document permitted under this part.
    Respondent means a person charged with a violation in acomplaint 
issued under this part.

[[Page 73]]

    Suspension and revocation proceeding or S&Rproceeding means a trial-
type proceeding for the suspension orrevocation of a merchant mariner's 
license, certificate of registry,or document issued by the Coast Guard 
that affords an opportunity foran 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 inan 
administrative proceeding shall construe them so as to secure ajust, 
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 hardshipor 
manifest injustice or to secure a just, speedy, and 
inexpensivedetermination.
    (c) Absent a specific provision in this part, the Federal Rules 
ofCivil 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 fordisrespect, 
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 inSec. 20.202 or 
otherwise becomes unavailable, the Chief ALJshall designate a successor.
    (b) If a hearing has commenced and the assigned ALJ cannot 
proceedwith it, a successor ALJ may. The successor ALJ may, at the 
request ofa party, recall any witness whose testimony is material and 
disputed,and who is available to testify again without undue burden. 
Thesuccessor ALJ may, within his or her discretion, recall any 
otherwitness.



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 
movethat the ALJ disqualify herself or himself for personal bias or 
othervalid cause. The party shall file with the ALJ, promptly 
upondiscovery 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 forthe 
ruling. If the ALJ concludes that the motion is timely andmeritorious, 
she or he shall disqualify herself or himself andwithdraw from the 
proceeding. If the ALJ does not disqualify herselfor himself and 
withdraw from the proceeding, the ALJ shall carry onwith 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 thispart, 
appeal to the Commandant once the hearing has concluded. Whenthat party 
does appeal, the ALJ shall forward the motion, theaffidavit, and 
supporting evidence to the Commandant along with theruling.



Sec. 20.205  Ex parte communications.

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

[[Page 74]]



Sec. 20.206  Separation of functions.

    (a) No ALJ may be responsible to, or supervised or directed by, 
anofficer, employee, or agent who investigates for or represents 
theCoast Guard.
    (b) No officer, employee, or agent of the Coast Guard 
whoinvestigates for or represents the Coast Guard in connection with 
anyadministrative proceeding may, in that proceeding or one 
factuallyrelated, participate or advise in the decision of the ALJ or of 
theCommandant in an appeal, except as a witness or counsel in 
theproceeding 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 
andtelephone numbers.
    (c) Any attorney or other duly authorized representative shallalso 
file a notice, including the items listed in paragraph (a) ofthis 
section, for any withdrawal of appearance.
    (d) Any attorney shall be a member in good standing of the bar ofthe 
highest court of a State, the District of Columbia, or anyterritory or 
commonwealth of the United States. A personalrepresentation of 
membership is sufficient proof, unless the ALJorders more evidence.
    (e) Any person who would act as a duly authorized representativeand 
who is not an attorney shall file a statement setting forth thebasis of 
his or her authority to so act. The ALJ may deny appearanceas 
representative to any person who, the ALJ finds, lacks therequisite 
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 
othermaterials relating to an administrative proceeding is: U.S. 
CoastGuard Administrative Law Judge Docketing Center; Attention: 
HearingDocket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD21201-
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 Clerkan 
executed original of each document (including any exhibit andsupporting 
affidavit).
    (e) A party may file by mail or personal delivery. The ALJ or 
theHearing Docket Clerk may permit other methods, such as fax or 
otherelectronic means.
    (f) When the Hearing Docket Clerk determines that a document, 
orother material, offered for filing does not comply with requirementsof 
this part, the Clerk will accept it, and may advise the personoffering 
it of the defect, and require that person to correct thedefect. If the 
defect is failure to serve copies on other parties, theparties' 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 
thefiling 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, orother 
attachment may be larger if folded to the size of the fileddocument to 
which it is physically attached;

[[Page 75]]

    (2) Be printed on just one side of the page and be 
clearlytypewritten, printed, or otherwise reproduced by a process that 
yieldslegible 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 marginsof 
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 
anotherlanguage, accompanied by a certified translation. The original of 
eachfiled document must be signed by the filing party or her or 
hisrepresentative. Unless the rules in this part or the ALJ requires 
itto be verified or accompanied by an affidavit, no filed document 
needbe. The signature constitutes a certification by the signer that 
sheor he has read the document; that, to the best of her or 
hisknowledge, information, and belief, the statements made in it 
aretrue; and that she or he does not intend it to cause delay.
    (d) Complaints, answers, and simple motions may employ formsapproved 
for use in proceedings of the Coast Guard instead of theformat set out 
in this section.



Sec. 20.304  Service of documents.

    (a) The ALJ shall serve upon each party to the proceeding a copyof 
each document issued by the ALJ in it. The ALJ shall serve uponeach 
interested person, as determined under Sec. 20.404, acopy of the notice 
of hearing. Unless this part provides otherwise,the ALJ shall upon 
request furnish to each such interested person acopy of each document 
filed with the Hearing Docket Clerk or issued bythe ALJ.
    (b) Unless the ALJ orders otherwise, each person filing a 
documentwith the Hearing Docket Clerk shall serve upon each party a copy 
ofit.
    (c) If a party filing a document must serve a copy of it upon 
eachparty, each copy must bear a certificate of service, signed by or 
onbehalf 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] 
uponthe following parties (or their designated representatives) to 
thisproceeding 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 FiledDocuments
------------------------------------------------------------------------
        Type of filed  document            Acceptable methods ofservice
------------------------------------------------------------------------
(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 adocument 
under Sec. 20.302, the party must serve a copy tothe person indicated 
in this table.

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

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

[[Page 76]]



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

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

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

    (h) If a person refuses to accept delivery of any document orfails 
to claim a properly addressed document other than a complaintsent under 
this subpart, the Coast Guard considers the document servedanyway. 
Service is valid at the date and the time of mailing, ofdeposit with a 
contract service or express-courier service, or ofrefusal 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 FR40054, June 29, 2000]



Sec. 20.305  Amendment or supplementation of filed documents.

    (a) Each party or interested person shall amend or supplement 
apreviously filed pleading or other document if she or he learns of 
amaterial change that may affect the outcome of the 
administrativeproceeding. However, no amendment or supplement may 
broaden the issueswithout an opportunity for any other party or 
interested person bothto reply to it and to prepare for the broadened 
issues.
    (b) The ALJ may allow other amendments or supplements topreviously 
filed pleadings or other documents.
    (c) Each party or interested person shall notify the HearingDocket 
Clerk, the ALJ, and every other party or interested person, orher 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, orFederal 
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 requiresor 
permits a response, you may add 3 days to any period for response.
    (c) If you need additional time to file a response, follow therules 
in these tables.
    (1) You may request an extension--

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

    (2) You file your request as follows:

          Table 20.306(c)(2)--Where to File anExtension Request
------------------------------------------------------------------------
                                             Then you file your request
                   If--                               withthe--
------------------------------------------------------------------------
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--

[[Page 77]]

    (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 filingthe 
complaint.
    (c) The complaint must conform to the requirements of this 
subpartfor filing and service.



Sec. 20.308  Answers.

    (a) The respondent shall file a written answer to the complaint 
20days or less after service of the complaint. The answer must conformto 
the requirements of this subpart for filing and service.
    (b) The person filing the answer shall, in the answer, eitheragree 
to the place of hearing proposed in the complaint or propose 
analternative.
    (c) Each answer must state whether the respondent intends tocontest 
any of the allegations set forth in the complaint. It mustinclude any 
affirmative defenses that the respondent intends to assertat the 
hearing. The answer must admit or deny each numbered paragraphof the 
complaint. If it states that the respondent lacks sufficientknowledge or 
information to admit or deny a particular numberedparagraph, it denies 
that paragraph. If it does not specifically denya particular numbered 
paragraph, it admits that paragraph.
    (d) A respondent's failure without good cause to file an 
answeradmits each allegation made in the complaint.



Sec. 20.309  Motions.

    (a) A person may apply for an order or ruling not 
specificallyprovided for in this subpart, but shall apply for it by 
motion. Eachwritten motion must comply with the requirements of this 
subpart forform, filing, and service. Each motion must state clearly 
andconcisely--
    (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 ahearing 
will be sufficient if stated orally upon the record, unlessthe ALJ 
directs that it be reduced to writing.
    (d) Except as otherwise required by this part, a party shall fileany 
response to a written motion 10 days or less after service of themotion. 
When a party makes a motion at a hearing, an oral response tothe motion 
made at the hearing is timely.
    (e) Unless the ALJ orders otherwise, the filing of a motion doesnot 
stay a proceeding.
    (f) The ALJ will rule on the record either orally or in writing.She 
or he may summarily deny any dilatory, repetitive, or frivolousmotion.



Sec. 20.310  Default by respondent.

    (a) The ALJ may find a respondent in default upon failure to filea 
timely answer to the complaint or, after motion, upon failure toappear 
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 
aproposed decision and proof of service under section 20.304(d). 
Therespondent alleged to be in default shall file a reply to the 
motion20 days or less after service of the motion.
    (c) Default by respondent constitutes, for purposes of the 
pendingaction only, an admission of all facts alleged in the complaint 
and awaiver of her or his right to a hearing on those facts.
    (d) Upon finding a respondent in default, the ALJ shall issue 
adecision against her or him.
    (e) For good cause shown, the ALJ may set aside a finding ofdefault.



Sec. 20.311  Withdrawal or dismissal.

    (a) An administrative proceeding may end in withdrawal without 
anyact by an ALJ in any of the following ways:
    (1) By the filing of a stipulation by all parties who haveappeared 
in the proceeding.

[[Page 78]]

    (2) By the filing of a notice of withdrawal by the Coast 
Guardrepresentative at any time before the respondent has served 
aresponsive pleading.
    (3) With respect to a complaint filed under section 311(b)(6) ofthe 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)) orsection 
109(d) of the Comprehensive Environmental Response,Compensation and 
Liability Act (42 U.S.C. 9609(b)), by the filingof--
    (i) A notice of withdrawal by the Coast Guard representative atany 
time after the respondent has served a responsive pleading, butbefore 
the issuance of an order assessing or denying a class II civilpenalty, 
together with
    (ii) A certification by the representative that the filing of 
thenotice is due to a request by the Attorney General--inaccordance with 
subsection 10(d) of Executive Order 12777 (56 FR54757; 3 CFR, 1991 
Comp., p. 351)--that the Coast Guard refrainfrom conducting an 
administrative proceeding.
    (b) Unless the stipulation or notice of withdrawal statesotherwise, 
a withdrawal under paragraph (a) of this section is withoutprejudice.
    (c) Except as provided in paragraph (a) of this section, 
noadministrative proceeding may end in withdrawal unless approved by 
anALJ upon such terms as she or he deems proper.
    (d) Any respondent may move to dismiss a complaint, the 
governmentmay move to dismiss a petition, or any party may lodge a 
request forrelief, for failure of another party to--
    (1) Comply with the requirements of this part or with any order 
ofthe 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 
Guardrepresentative files the complaint with the Hearing Docket Clerk 
andserves 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), theCoast 
Guard provides public notice of a class II civil penaltyproceeding. 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 
theChief ALJ and with all parties given notice and opportunity to 
object,consolidate any matters at issue in two or more 
administrativeproceedings docketed under this part. (Good cause includes 
theproceedings' possessing common parties, questions of fact, and 
issuesof law and presenting the likelihood that consolidation would 
expeditethe proceedings and serve the interests of justice.) The ALJ may 
notconsolidate any matters if consolidation would prejudice any 
rightsavailable under this part or impair the right of any party to 
placeany matters at issue.
    (b) Unless directed otherwise by the Chief ALJ, a presiding ALJmay, 
either in response to a motion or on his or her own motion, forgood 
cause, sever any administrative proceeding with respect to someor all 
parties, claims, and issues.



Sec. 20.404  Interested persons.

    (a) Any person not a party to a class II civil penalty 
proceedingunder 33 U.S.C. 1321(b)(6) who wishes to be an interested 
person inthe proceeding shall, 30 days or less after publication in 
theFederal Register of the public notice required bySec. 20.402, file 
with the Hearing Docket Clerkeither--
    (1) Written comments on the proceeding; or
    (2) Written notice of intent to present evidence at any hearing 
inthe proceeding.
    (b) The presiding ALJ may, for good cause, accept late comments 
orlate notice of intent to present evidence.
    (c) Each interested person shall receive notice of any hearing duein 
the proceeding and of the decision in the proceeding. He or she mayhave 
a reasonable opportunity to be heard and to present evidence inany 
hearing.
    (d) The opportunity secured by paragraph (c) of this section doesnot 
extend to--

[[Page 79]]

    (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 moreconferences 
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 ofany 
conference to the parties, and to interested persons if invited. 
Aconference may occur in person, by telephone, or by other 
appropriatemeans.
    (e) Each party, and any interested person invited, shall be 
fullyprepared for a useful discussion of all issues properly before 
theconference, both procedural and substantive, and be authorized 
tocommit themselves or those they represent respecting those issues.
    (f) Unless the ALJ excuses a party, the failure of a party toattend 
or participate in a conference, after being served withreasonable notice 
of its time and place, waives all objections to anyagreements reached in 
it and to any consequent orders or rulings.
    (g) The ALJ may direct that any of the following be addressed 
orfurnished 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 theissues.
    (5) Requests for amendment of the pleadings.
    (6) Stipulations and admissions of fact and of the content 
andauthenticity of documents.
    (7) The desirability of limiting and grouping witnesses, so as 
toavoid duplication.
    (8) Requests for official notice and particular matters to 
beresolved by reliance upon the substantive standards, rules, and 
otherpolicies 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 theproceeding.
    (h) No one may stenographically report or otherwise record 
aconference unless the ALJ allows.
    (i) During a conference, the ALJ may dispose of any 
proceduralmatters 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 
ifauthorized by the ALJ; or
    (3) A statement by the ALJ on the record at the hearingsummarizing 
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 
proposeddecision, accompanied by a motion for its entry. The decision 
mustrecite the reasons that make it acceptable, and it must be signed 
bythe 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 
orcontest the validity, of the decision;
    (3) A statement that the decision will have the same force andeffect 
as would a decision made after a hearing; and
    (4) A statement that the decision resolves all matters needing tobe 
adjudicated.



                           Subpart F_Discovery



Sec. 20.601  General.

    (a) Unless the ALJ orders otherwise, each party--and eachinterested 
person

[[Page 80]]

who has filed written notice of intent topresent evidence at any hearing 
in the proceeding underSec. 20.404--shall make available to the ALJ and 
toevery other party and interested person--
    (1) The name of each expert and other witness the party intends 
tocall, together with a brief narrative summary of the 
expectedtestimony; and
    (2) A copy, marked as an exhibit, of each document the partyintends 
to introduce into evidence or use in the presentation of itscase.
    (b) During a pre-hearing conference ordered underSec. 20.501, the 
ALJ may direct that the parties exchangewitness lists and exhibits 
either at once or by correspondence.
    (c) The ALJ may establish a schedule for discovery and shall servea 
copy of any such schedule on each party.
    (1) The schedule may include dates by which the parties shall 
bothexchange witness lists and exhibits and file any requests 
fordiscovery and objections to such requests.
    (2) Unless the ALJ orders otherwise, the parties shall 
exchangewitness lists and exhibits 15 days or more before hearing.
    (d) Further discovery may occur only by order, and then only whenthe 
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 burdensomeand 
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 andplace 
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 theterms on 
which it will occur.



Sec. 20.602  Amendatory or supplementary responses.

    (a) Any party or interested person shall amend or 
supplementinformation previously provided upon learning that 
theinformation--
    (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 
thatinformation 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--
    (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 mayenter 
an order either--
    (1) Approving the service of some or all of the 
proposedinterrogatories; or
    (2) Denying the motion.
    (c) The party requesting interrogatories shall serve on the 
partynamed in the interrogatories the approved written interrogatories.
    (d) Each interrogatory must be answered separately and fully 
inwriting under oath or affirmation, unless it is objected to, in 
whichevent the party named shall state the reasons for the 
objectioninstead of a response. This party, the party's attorney, or 
theparty's representative shall sign the party's responses 
tointerrogatories.
    (e) Responses or objections must be filed within 30 days after 
theservice of the interrogatories.
    (f) A response to an interrogatory is sufficient when--
    (1) The responder lists the records from which such answers may 
bederived or ascertained; and
    (2) The burden of ascertaining the information in a response to 
aninterrogatory is substantially the same for all parties involved inthe 
action; and
    (3) The information may be obtained from an examination, audit, 
orinspection of records, or from a compilation,

[[Page 81]]

abstract, or summarybased on such records.
    (g) The party serving the interrogatory shall be affordedreasonable 
opportunity to examine, audit, or inspect the resource andto make 
copies, compilations, abstracts, or summaries. Thespecification must 
include sufficient detail to permit theinterrogating party to locate and 
identify the individual records fromwhich the answer may be ascertained.



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

    (a) Any party seeking production of documents or things 
forinspection or other purposes shall so move to the ALJ. The motion 
muststate 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 approvingor 
denying it in whole or in part.
    (c) A party shall serve on the party in possession, custody, 
orcontrol of the documents the order to produce or to permit 
inspectionand copying of documents.
    (d) A party may, after approval of an appropriate motion by theALJ, 
inspect and copy, test, or sample any tangible things thatcontain, or 
may lead to, relevant information, and that are in thepossession, 
custody, or control of the party upon whom the request isserved.
    (e) A party may, after approval of an appropriate motion by theALJ, 
serve on another party a request to permit entry upon designatedproperty 
in the possession or control of the other party for thepurpose of 
inspecting, measuring, surveying, photographing, testing,or sampling the 
property or any designated object or area. A requestto permit entry upon 
property must set forth with reasonableparticularity the feature to be 
inspected and must specify areasonable time, place, and manner for 
making the inspection andperforming the related acts.
    (f) The party upon whom the request is served shall respond within30 
days after the service of the request. Inspection and relatedactivities 
will be permitted as requested, unless there areobjections, in which 
case the reason for each objection must bestated.



Sec. 20.605  Depositions.

    (a) The ALJ may order a deposition only upon a showing of goodcause 
and upon a finding that--
    (1) The information sought is not obtainable more readily 
byalternative methods; or
    (2) There is a substantial reason to believe that relevant 
andprobative evidence may otherwise not be preserved for presentation 
atthe hearing.
    (b) Testimony may be taken by deposition upon approval of the ALJof 
a motion made by any party.
    (1) The motion must state--
    (i) The purpose and scope of the deposition;
    (ii) The time and place it is to be taken;
    (iii) The name and address of the person before whom thedeposition 
is to be taken;
    (iv) The name and address of each witness from whom a depositionis 
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 ahearing 
instead of live testimony.
    (2) The motion must state if the deposition is to be by 
oralexamination, by written interrogatories, or a combination of the 
two.The deposition may be taken before any disinterested person 
authorizedto 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 
uponthe 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, 
theorganization named must designate one or more officers, directors, 
oragents to testify on its behalf, and may set forth, for each 
persondesignated, the matters on which he or she will testify. Subject 
tothe provisions of 49 CFR part 9 with respect to Coast Guard 
witnesses,the designated

[[Page 82]]

persons shall testify as to matters reasonablyknown to them.
    (e) Each witness deposed shall be placed under oath oraffirmation, 
and the other parties shall have the right to cross-examine.
    (f) The witness being deposed may have counsel or 
anotherrepresentative present during the deposition.
    (g) Except as provided in paragraph (n) of this section,depositions 
shall be stenographically recorded and transcribed at theexpense of the 
party requesting the deposition. Unless waived by thedeponent, the 
transcription must be read by or read to the deponent,subscribed by the 
deponent, and certified by the person before whomthe deposition was 
taken.
    (h) Subject to objections to the questions and responses that 
werenoted at the taking of the deposition and that would have 
beensustained if the witness had been personally present and testifying 
ata hearing, a deposition may be offered into evidence by the 
partytaking it against any party who was present or represented at 
thetaking of the deposition or who had notice of the deposition.
    (i) The party requesting the deposition shall make 
appropriatearrangements for necessary facilities and personnel.
    (j) During the taking of a deposition, a party or the witness 
mayrequest suspension of the deposition on the grounds of bad faith 
inthe conduct of the examination, oppression of the witness or party, 
orimproper questioning or conduct. Upon request for suspension, 
thedeposition will be adjourned. The objecting party or witness 
mustimmediately move the ALJ for a ruling on the objection(s). The ALJ 
maythen limit the scope or manner of the taking of the deposition.
    (k) When a deposition is taken in a foreign country, it may betaken 
before a person having power to administer oaths in thatlocation, or 
before a secretary of an embassy or legation, consulgeneral, consul, 
vice consul or consular agent of the United States,or before such other 
person or officer as may be agreed upon by theparties by written 
stipulation filed with the ALJ.
    (l) Objection to taking a deposition because of thedisqualification 
of the officer before whom it is to be taken iswaived unless made before 
the taking of the deposition begins, or assoon as the disqualification 
becomes known or could have beendiscovered with reasonable diligence.
    (m) A deposition may be taken by telephone conference call uponsuch 
terms, conditions, and arrangements as are prescribed in theorder of the 
ALJ.
    (n) The testimony at a deposition hearing may be recorded 
onvideotape, upon such terms, conditions and arrangements as 
areprescribed in the order of the ALJ, at the expense of the 
partyrequesting the recording. The video recording may be in 
conjunctionwith an oral examination by telephone conference held 
pursuant toparagraph (m) of this section. After the deposition has been 
taken,and copies of the video recording are provided to parties 
requestingthem, the person recording the deposition shall immediately 
place thevideotape in a sealed envelope or a sealed videotape 
container,attaching to it a statement identifying the proceeding and 
thedeponent and certifying as to the authenticity of the video 
recording,and return the videotape by accountable means to the ALJ. 
Thedeposition becomes a part of the record of the proceedings in the 
samemanner as a transcribed deposition. The videotape, if admitted 
intoevidence, will be played during the hearing and transcribed into 
therecord by the reporter.



Sec. 20.606  Protective orders.

    (a) In considering a motion for an order of discovery--or amotion, 
by a party or other person from whom discovery is sought, toreconsider 
or amend an order of discovery--the ALJ may enter anyorder that justice 
requires, to protect a person from annoyance,embarrassment, oppression, 
or undue burden or expense. This ordermay--
    (1) Confine discovery to specific terms and conditions, such as 
aparticular time and place;
    (2) Confine discovery to a method other than that selected by 
theparty seeking it;
    (3) Preclude inquiry into certain matters;

[[Page 83]]

    (4) Direct that discovery occur with no one present exceptpersons 
designated by the ALJ;
    (5) Preclude the disclosure of a trade secret or other 
proprietaryinformation, or allow its disclosure only in a designated way 
or onlyto designated persons; or
    (6) Require that the person from whom discovery is sought 
filespecific documents or information under seal for opening at 
thedirection of the ALJ.
    (b) When a person from whom discovery is sought seeks a 
protectiveorder, the ALJ may let him or her make all or part of the 
showing ofgood cause in camera. The ALJ shall record any proceedings 
incamera. If he or she enters a protective order, he or she shallseal 
any proceedings so recorded. These shall be releasable only asrequired 
by law.
    (c) Upon motion by a person from whom discovery is sought, the 
ALJmay--
    (1) Restrict or defer disclosure by a party either of the name ofa 
witness or, if the witness comes from the Coast Guard, of any 
priorstatement of the witness; and
    (2) Prescribe other appropriate measures to protect a witness.
    (d) The ALJ will give any party an adequate opportunity to 
preparefor cross-examination or other presentation concerning witnesses 
andstatement subject to protective orders.



Sec. 20.607  Sanctions for failure to comply.

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



Sec. 20.608  Subpoenas.

    (a) Any party may request the ALJ to issue a subpoena for 
theattendance of a person, the giving of testimony, or the production 
ofbooks, papers, documents, or any other relevant evidence 
duringdiscovery or for any hearing. Any party seeking a subpoena from 
theALJ shall request its issuance by motion.
    (b) An ALJ may, for good cause shown, apply to the United 
StatesDistrict Court for the issuance of an order compelling the 
appearanceand testimony of a witness or the production of evidence.
    (c) A person serving a subpoena shall prepare a written 
statementsetting forth either the date, time, and manner of service or 
thereason for failure of service. He or she shall swear to or affirm 
thestatement, attach it to a copy of the subpoena, and return it to 
theALJ who issued the subpoena.
    (d) Coast Guard investigating officers have separate subpoenapower 
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 
withnotice to the party requesting the subpoena, ask the ALJ to quash 
ormodify 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 
theappearance and testimony of a witness or the production of evidence 
or
    (2) At or before the time specified in the subpoena forcompliance, 
whichever is earlier.
    (c) If the subpoena is served at a hearing, the person to whom itis 
directed may, in person at the hearing or in writing within areasonable 
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 unreasonableor 
requires evidence not relevant to any matter in issue.

[[Page 84]]



                           Subpart G_Hearings



Sec. 20.701  Standard of proof.

    The party that bears the burden of proof shall prove his or hercase 
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 proponentof 
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 
goingforward with evidence to rebut or meet the presumption; but
    (b) Does not shift the burden of proof in the sense of the risk 
ofnon-persuasion.



Sec. 20.704  Scheduling and notice of hearings.

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



Sec. 20.705  Failure to appear.

    The ALJ may enter a default under Sec. 20.310 against arespondent 
threatening to fail, or having failed, to appear at ahearing unless,--
    (a) Before the time for the hearing, the respondent shows goodcause 
why neither the respondent nor his or her representative canappear; or,
    (b) 30 days or less after an order to show good cause, therespondent 
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 
ALJfinds proper, the failure or refusal constitutes grounds for the 
ALJto strike all or part of the testimony given by the witness or to 
takeany other measure he or she deems appropriate.



Sec. 20.707  Telephonic testimony.

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



Sec. 20.708  Witnesses' fees.

    (a) Each witness summoned in an administrative proceeding 
shallreceive the same fees and mileage as a witness in a District Court 
ofthe United States.
    (b) The party or interested person who calls a witness isresponsible 
for all fees and mileage due under paragraph (a) of thissection.



Sec. 20.709  Closing of the record.

    (a) When the ALJ closes the hearing, he or she shall also closethe 
record of the proceeding, as described in Sec. 20.903,unless he or she 
directs otherwise. Even after the ALJ closes it, heor she may reopen it.

[[Page 85]]

    (b) The ALJ may correct the transcript of the hearing byappropriate 
order.



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

    (a) Before the ALJ closes the hearing, he or she may hear 
oralargument so far as he or she deems appropriate.
    (b) Before the ALJ decides the case, and upon terms he or shefinds 
reasonable, any party may file a brief, proposed findings offact 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 theclose of 
the hearing.
    (c) Any oral argument, brief, or proposed findings of fact 
andconclusions of law form part of the record of the proceeding, 
asdescribed 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; 
andconduct any cross-examination that may be necessary for a full 
andtrue disclosure of the facts.



Sec. 20.802  Admissibility of evidence.

    (a) The ALJ may admit any relevant oral, documentary, 
ordemonstrative evidence, unless privileged. Relevant evidence 
isevidence tending to make the existence of any material fact 
moreprobable or less probable than it would be without the evidence.
    (b) The ALJ may exclude evidence if its probative value 
issubstantially outweighed by the danger of prejudice, by confusion 
ofthe 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 thispart. 
The ALJ may consider the fact that evidence is hearsay whendetermining 
its probative value.



Sec. 20.804  Objections and offers of proof.

    (a) Any party objecting to the admission or exclusion of 
evidenceshall concisely state the grounds. A ruling on every objection 
mustappear in the record. No party may raise an objection to the 
admissionor exclusion of evidence on appeal unless he or she raised it 
beforethe ALJ.
    (b) Whenever evidence is objected to, the party offering it maymake 
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 
suchprotective or other orders as in his or her judgment are 
consistentwith 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 documentcontaining 
proprietary matters should be made available to anotherparty, the ALJ 
may direct the party possessing the document to preparea non-proprietary 
summary or extract of it. The summary or extract maybe admitted as 
evidence in the record.
    (c) If the ALJ determines that a non-proprietary summary orextract 
is inadequate and that proprietary matters must form part ofthe record 
to avert prejudice to a party, the ALJ may so advise theparties and 
arrange access to the evidence for a party orrepresentative.



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 Guardas an 
expert body. When all or part of a decision rests on theofficial notice 
of a material fact not appearing in the evidence inthe record, the 
decision must state as much; and any party, upontimely 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 
bythe party offering it. The original of each exhibit so marked, 
whetheror not offered or admitted into evidence, must be filed and 
retainedin the record of the proceeding, unless the ALJ permits 
thesubstitution of a copy. The party introducing each exhibit so marked

[[Page 86]]

shall supply a copy of the exhibit to the ALJ and to every partyto the 
proceeding.
    (b) Unless the ALJ directs otherwise, each party who would offeran 
exhibit upon direct examination shall make it available to everyother 
party for inspection 15 days or more before the hearing. The ALJwill 
deem admitted the authenticity of each exhibit submitted beforethe 
hearing unless a party either files written objection and servesit 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 ALJpermits the substitution of a copy. The interested person shall 
supplya copy of the exhibit to the ALJ and to every party to the 
proceeding.The requirements of paragraph (b) of this section apply to 
anyinterested 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 awitness. 
The witness shall be, or have been, available for oral cross-
examination. The statement must be sworn to, or affirmed, underpenalty 
of perjury.



Sec. 20.809  Stipulations.

    Any party or interested person may stipulate, in writing, at 
anystage of the proceeding, or orally at the hearing, to any 
pertinentfact or other matter fairly susceptible of stipulation. A 
stipulationbinds 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 partof 
the proceeding on the grounds that there is no genuine issue ofmaterial 
fact and that the party is entitled to a decision as a matterof law. The 
party must file the motion no later than 15 days beforethe date fixed 
for the hearing and may include supporting affidavitswith the motion. 
Any other party, 10 days or less after service of amotion for summary 
decision, may serve opposing affidavits orcountermove for summary 
decision. The ALJ may set the matter forargument and call for the 
submission of briefs.
    (b) The ALJ may grant the motion if the filed affidavits, thefiled 
documents, the material obtained by discovery or otherwise, ormatters 
officially noted show that there is no genuine issue ofmaterial fact and 
that a party is entitled to a summary decision as amatter of law.
    (c) Each affidavit must set forth such matters as would beadmissible 
in evidence and must show affirmatively that the affiant iscompetent to 
testify to the matters stated in the affidavit. Once aparty has moved 
for summary decision and supported his or her motionas provided in this 
section, no party opposing the motion may restupon the mere allegations 
or denials of facts contained in his or herown pleadings. The response 
to the motion, by affidavit or asotherwise provided in this section, 
must provide a specific basis toshow that there is a genuine issue of 
material fact for the hearing.
    (d) If it appears from the affidavit of a party opposing themotion 
that this party cannot, for reasons stated, present byaffidavit matters 
essential to justify his or her opposition, the ALJmay deny the motion 
for summary decision, may order a continuance toenable the obtaining of 
information, or may make such other order asis just.
    (e) No denial of all or any part of a motion for summary decisionis 
subject to interlocutory appeal.



Sec. 20.902  Decisions of the ALJ.

    (a) After closing the record of the proceeding, the ALJ shallprepare 
a decision containing--
    (1) A finding on each material issue of fact and conclusion oflaw, 
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 
anyinterested person to petition the Commandant to set aside 
thedecision.

[[Page 87]]

    (b) The decision of the ALJ must rest upon a consideration ofthe 
whole record of the proceedings.
    (c) The ALJ may, upon motion of any party or in his or her 
owndiscretion, render the initial decision from the bench (orally) at 
theclose of the hearing and prepare and serve a written order on 
theparties or their authorized representatives. In rendering his or 
herdecision from the bench, the ALJ shall state the issues in the 
caseand make clear, on the record, his or her findings of fact 
andconclusions of law.
    (d) If the ALJ renders the initial decision orally, and if a 
partyasks for a copy, the Hearing Docket Clerk shall furnish a 
copyexcerpted from the transcript of the record. The date of the 
decisionis 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 exhibitsreceived 
into evidence, any items marked as exhibits and not receivedinto 
evidence, all motions, all applications, all requests, and allrulings 
constitute the official record of a proceeding. This recordalso includes 
any motions or other matters regarding thedisqualification 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 acopy of 
part or all of the record after payment of reasonable costsfor 
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 causeshown 
in accordance with paragraph (c) of this section, reopen therecord of a 
proceeding to take added evidence.
    (b) Any party may move to reopen the record of a proceeding 30days 
or less after the closing of the record.
    (1) Each motion to reopen the record must clearly set forth thefacts 
that the movant would try to prove and the grounds for reopeningthe 
record.
    (2) Any party who does not respond to any motion to reopen therecord 
waives any objection to the motion.
    (c) The ALJ may reopen the record of a proceeding if he or 
shebelieves 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 proceedingdoes 
not affect any period for appeals specified in subpart J of thispart, 
except that the filing of such a motion tolls the running ofwhatever 
time remains in the period for appeals until either the ALJacts on the 
motion or the party filing it withdraws it.
    (e)(1) At any time, a party may file a petition to reopen with 
theDocketing Center for the ALJ to rescind any order suspending 
orrevoking a merchant mariner's license, certificate of registry, 
ordocument if--
    (i) The order rests on a conviction--
    (A) For violation of a dangerous-drug law;
    (B) Of an offense that would prevent the issuance or renewal ofthe 
license, certificate, or document; or
    (C) Of an offense described in subparagraph 205(a)(3)(A) or (B) 
ofthe National Driver Register Act of 1982 (23 U.S.C. 401, note); and
    (ii) The respondent submits a specific order of court to theeffect 
that the conviction has been unconditionally set aside for allpurposes.
    (2) The ALJ, however, may not rescind his or her order on accountof 
any law that provides for a subsequent conditional setting-
aside,modification, or expunging of the order of court, by way of 
grantingclemency 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 resultedin 
revocation of a license, certificate, or document, the respondentmay 
file a motion for reopening of the proceeding to modify the orderof 
revocation with the ALJ Docketing Center.
    (1) Any motion to reopen the record must clearly state why thebasis 
for the order of revocation is no longer valid and how theissuance of a 
new license, certificate, or document is compatible withthe requirement 
of good discipline and safety at sea.
    (2) Any party who does not respond to any petition to reopen 
therecord waives any objection to the motion.

[[Page 88]]



                            Subpart J_Appeals



Sec. 20.1001  General.

    (a) Any party may appeal the ALJ' s decision by filing a notice 
ofappeal. The party shall file the notice with the U. S. Coast 
GuardAdministrative Law Judge Docketing Center; Attention: Hearing 
DocketClerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022.The 
party shall file the notice 30 days or less after issuance of 
thedecision, and shall serve a copy of it on the other party and 
eachinterested person.
    (b) No party may appeal except on the following issues:
    (1) Whether each finding of fact is supported by 
substantialevidence.
    (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 onthe 
issue that no hearing was held or that in the issuance of thedecision 
the ALJ did not consider evidence that that person would havepresented.
    (d) The appeal must follow the procedural requirements of 
thissubpart.



Sec. 20.1002  Records on appeal.

    (a) The record of the proceeding constitutes the record fordecision 
on appeal.
    (b) If the respondent requests a copy of the transcript of 
thehearing as part of the record of proceeding, then,--
    (1) If the hearing was recorded at Federal expense, the CoastGuard 
will provide the transcript on payment of the fees prescribed in49 CFR 
7.45; but,
    (2) If the hearing was recorded by a Federal contractor, 
thecontractor will provide the transcript on the terms prescribed in 
49CFR 7.45.



Sec. 20.1003  Procedures for appeal.

    (a) Each party appealing the ALJ's decision or ruling shall filean 
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, MD21201-4022, and 
shall serve a copy of the brief on every otherparty.
    (1) The appellate brief must set forth the appellant's 
specificobjections to the decision or ruling. The brief must set forth, 
indetail, 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 ofthe record.
    (3) The appellate brief must reach the Docketing Center 60 days 
orless after service of the ALJ's decision. Unless filed within 
thistime, or within another time period authorized in writing by 
theDocketing Center, the brief will be untimely.
    (b) Any party may file a reply brief with the Docketing Center 
35days or less after service of the appellate brief. Each such 
partyshall serve a copy on every other party. If the party filing the 
replybrief relies on evidence contained in the record for the appeal, 
thatbrief must specifically refer to the pertinent parts of the record.
    (c) No party may file more than one appellate brief or replybrief, 
unless--
    (1) The party has petitioned the Commandant in writing; and
    (2) The Commandant has granted leave to file an added brief, inwhich 
event the Commandant will allow a reasonable time for the partyto file 
that brief.
    (d) The Commandant may accept an amicus curiae brief fromany 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 
determinewhether the ALJ committed error in the proceedings, and whether 
theCommandant should affirm, modify, or reverse the ALJ's decision 
orshould remand the case for further proceedings.
    (b) The Commandant shall issue a decision on every appeal inwriting 
and shall serve a copy of the decision on each party andinterested 
person.

[[Page 89]]



  Subpart K_Finality, Petitions for Hearing, andAvailability of Orders



Sec. 20.1101  Finality.

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



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

    (a) If no hearing takes place on a complaint for a class II 
civilpenalty, any interested person may file a petition, 30 days or 
lessafter 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 
aninterested person in support of a petition under paragraph (a) of 
thissection is material and that the ALJ did not consider the evidence 
inthe issuance of the decision, the Commandant shall set aside 
thedecision and direct that a hearing take place in accordance with 
therequirements 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 theFederal 
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 
forinspection and copying at--
    (i) The document inspection facility at the office of any CoastGuard 
District, Activity, or Sector Office;
    (ii) The public reading room at Coast Guard Headquarters; and
    (iii) The public reading room of the Coast Guard ALJ 
DocketingCenter; Baltimore, Maryland.
    (2) Appellate decisions in S&R proceedings, and bothappellate and 
ALJs' decisions on class II civil penalties, areavailable on the 
Department of Transportation Home Page atwww.dot.gov or the Coast Guard 
Home Page at www.uscg.mil.
    (b) Any person wanting a copy of a decision may place a requestwith 
the Hearing Docket Clerk. The Clerk will bill the person on theterms 
prescribed in 49 CFR 7.43.

[CGD98-3472, 64 FR 28062, May 24, 1999, as amended byUSCG-2006-25556, 72 
FR 36327, July 2, 2007]



                      Subpart L_Expedited Hearings



Sec. 20.1201  Application.

    (a) This subpart applies whenever the Coast Guard suspends amerchant 
mariner's license, certificate of registry, or documentwithout a hearing 
under 46 U.S.C. 7702(d).
    (b) The Coast Guard may, for 45 days or less, suspend and seize 
alicense, certificate, or document if, when acting under the authorityof 
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 oflaw 
or Federal regulation regarding use of alcohol or a dangerousdrug;
    (ii) Has been convicted of an offense that would prevent theissuance 
or renewal of the license, certificate, or document; or,
    (iii) Three years or less before the start of an S&Rproceeding, has 
been convicted of an offense described in subparagraph205(a)(3)(A) or 
(B) of the

[[Page 90]]

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 suspendeda 
merchant mariner's license, certificate of registry, or document, 
itshall immediately file a complaint under Sec. 20.307. Thecomplaint 
must contain both a copy of a notice of temporary suspensionand an 
affidavit stating the authority and reason for temporarysuspension.
    (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 
thepre-hearing conference.



Sec. 20.1203  Commencement of expedited hearings.

    Upon receipt of a complaint with a copy of the notice of 
temporarysuspension and the affidavit supporting the complaint, the 
Chief ALJwill immediately assign an ALJ and designate the case for 
expeditedhearing.



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

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



Sec. 20.1206  Discontinuance of expedited hearings.

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



Sec. 20.1207  Pre-hearing conferences.

    (a) When held. As early as practicable, the ALJ shall orderand 
conduct a pre-hearing conference. He or she may order the holdingof the 
conference in person, or by telephonic or electronic means.
    (b) Answer. The respondent shall enter his or her answer atthe pre-
hearing conference. If the answer is an admission, the ALJshall either 
issue an appropriate order or schedule a hearing on theorder.
    (c) Content. (1) At the pre-hearing conference, the partiesshall:
    (i) Identify and simplify the issues in dispute and prepare anagreed 
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 afterthe 
temporary suspension.
    (iv) Discuss witnesses and exhibits.
    (2) The ALJ shall issue an order directing the exchange of 
witnesslists and documents.
    (d) Order. Before the close of the pre-hearing conference,the ALJ 
shall issue an order setting forth any agreements reached bythe parties. 
The order must specify the issues for the parties toaddress at the 
hearing.
    (e) Procedures not to cause delay. Neither any filing ofpleadings or 
motions, nor any conduct of discovery, may interferewith--
    (1) The holding of the hearing 30 days or less after the 
temporarysuspension or
    (2) The closing of the record early enough for the issuance of 
aninitial decision 45 days or less after the temporary suspension.
    (f) Times. The ALJ may shorten the time for any act requiredor 
permitted under this subpart to enable him or her to issue aninitial 
decision 45 days or less after the temporary suspension.

[[Page 91]]



Sec. 20.1208  Expedited hearings.

    (a) Procedures. As soon as practicable after the close ofthe pre-
hearing conference, the ALJ shall hold a hearing, undersubpart G of this 
part, on any issue that remains in dispute.
    (b) Oral and written argument. (1) Each party may presentoral 
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 herto 
consider the findings and briefs without delaying the issuance ofthe 
decision.
    (c) ALJ's decision. The ALJ may issue his or her decision asan oral 
decision from the bench. Alternatively, he or she may issue awritten 
decision. He or she shall issue the decision 45 days or lessafter 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 Suspensionand Revocation 
                                Hearings



Sec. 20.1301  Purpose.

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



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

    (a) The investigating officer, the Coast Guard representative, 
anyother commissioned officer of the Coast Guard, or any 
officialcustodian of extracts from shipping articles, logbooks, or 
records inthe custody of the Coast Guard may authenticate and certify 
theextracts.
    (b) Authentication and certification must include a statement 
thatthe 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 
hername and identify himself or herself by rank or title and by 
dutystation.



Sec. 20.1305  Admissibility and weight of entries from logbooks.

    (a) Any entry in any official logbook of a vessel concerning 
anoffense enumerated in 46 U.S.C. 11501, made in substantial 
compliancewith the procedural requirements of 46 U.S.C. 11502, is 
admissible inevidence and constitutes prima facie evidence of the 
factsrecited.
    (b) Any entry in any such logbook made in substantial compliancewith 
the procedural requirements of 46 U.S.C. 11502 may receive addedweight 
from the ALJ.



Sec. 20.1307  Use of judgments of conviction.

    (a) A judgment of conviction by a Federal court is conclusive inany 
S&R proceeding under this part concerning any act or offensedescribed in 
46 U.S.C. 7703 or 7704 when the act or offense is thesame as in the 
Federal conviction.
    (b) Except as provided in paragraph (c) of this section, nojudgment 
of conviction by a State court is conclusive in any S&Rproceeding under 
this part concerning any act or offense described in46 U.S.C. 7703 or 
7704, even when an act or offense forming the basisof the charge in the 
proceeding is the same as in the Stateconviction. But the judgment is 
admissible in evidence and constitutessubstantial evidence adverse to 
the respondent.
    (c) A judgment of conviction by a Federal or State court for 
aviolation is conclusive in the proceeding if an S&R proceedingalleges 
conviction for--
    (1) A violation of a dangerous-drug law;
    (2) An offense that would prevent the issuance or renewal of 
amerchant mariner's license, certificate of registry, or document; or
    (3) An offense described in subparagraph 205(a)(3)(A) or (B) ofthe 
National Driver Register Act of 1982 (23 U.S.C.S. 401, note).
    (d) If the respondent participates in the scheme of a State forthe 
expungement of convictions, and if he or she pleads guiltyor no contest 
or, by order of the trial court, has to attendclasses, contribute time 
or money, receive treatment, submit to anymanner

[[Page 92]]

of probation or supervision, or forgo appeal of the findingof the trial 
court, the Coast Guard regards him or her, for thepurposes of 46 U.S.C. 
7703 or 7704, as having received a conviction.The Coast Guard does not 
consider the conviction expunged withoutproof that the expungement is 
due to the conviction's having been inerror.
    (e) No respondent may challenge the jurisdiction of a Federal 
orState court in any proceeding under 46 U.S.C. 7703 or 7704.



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

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



Sec. 20.1311  Admissions by respondent.

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



Sec. 20.1313  Medical examination of respondents.

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



Sec. 20.1315  Submission of prior records and evidence in aggravation ormitigation.

    (a) The prior disciplinary record of the respondent comprises 
thefollowing items less than 10 years old:
    (1) Any written warning issued by the Coast Guard and notcontested 
by the respondent.
    (2) Final agency action by the Coast Guard on any S&Rproceeding in 
which a sanction or consent order was entered.
    (3) Any agreement for voluntary surrender entered into by 
therespondent.
    (4) Any final judgment of conviction in Federal or State courts.
    (5) Final agency action by the Coast Guard resulting in 
theimposition against the respondent of any civil penalty or warning in 
aproceeding administered by the Coast Guard under this title.
    (6) Any official commendatory information concerning therespondent 
of which the Coast Guard representative is aware. The CoastGuard 
representative may offer evidence and argument in aggravation ofany 
charge proved. The respondent may offer evidence of, and argumenton, 
prior maritime service, including both the record introduced bythe Coast 
Guard representative and any commendatory evidence.
    (b) The respondent may offer evidence and argument in mitigationof 
any charge proved.
    (c) The Coast Guard representative may offer evidence and argumentin 
rebuttal of any evidence and argument offered by the respondent 
inmitigation.



PART 23_DISTINCTIVE MARKINGS FOR COAST GUARDVESSELS 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: Secs. 638, 639, 63 Stat. 546; 14 U.S.C. 638,639, E.O. 
10707, 3 CFR, 1954-1958 Comp., p. 364.



Sec. 23.01  Basis and purpose.

    (a) This subpart establishes instructions for the display 
ofdistinctive markings of Coast Guard vessels and aircraft, 
includingCoast Guard ensign

[[Page 93]]

and commission pennant and Coast Guard emblem.
    (b) Coast Guard vessels and aircraft are distinguished from 
othervessels and aircraft by an ensign; a personal flag, command 
pennant,or commissioned pennant, if so authorized; or other 
identifyinginsignia or marking.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957, as amended byCGFR 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 requiredto 
be displayed whenever a Coast Guard vessel takes active measures 
inconnection with boarding, examining, seizing, stopping or heaving toof 
a vessel for the purposes of enforcing the laws of the UnitedStates. The 
distinctive markings of Coast Guard aircraft serve thesame purpose.
    (b) The Coast Guard Commission pennant indicates a Coast Guardcutter 
under the command of a commissioned officer or commissionedwarrant 
officer.
    (c) When applicable, these distinctive marks shall be displayed,the 
Coast Guard Ensign at the masthead of the foremast, and thecommission 
pennant at the after masthead. On ships having but one mastthe Coast 
Guard Ensign and commission pennant shall be at the mastheadon the same 
halyard. In mastless ships they shall be displayed fromthe 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 
Statescircumscribed by an annulet edged and inscribed ``UNITED 
STATESCOAST 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 (CoastGuard 
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 (7white and 6 red) 
with narrow medium blue (Coast Guard blue) outline.

    (c) The Coast Guard emblem is intended primarily for use 
asidentification on Coast Guard ensigns, flags, pennants, 
vessels,aircraft, vehicles, and shore units. It may also be reproduced 
for useon such items as stationery, clothing, jewelry, etc.
    (d) Any person who desires to reproduce the Coast Guard emblem 
fornon-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 CFR1.46(b))

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



Sec. 23.12  Coast Guard identifying insignia.

    (a) The distinctive identification insignia of the Coast 
Guardconsists of a broad diagonal red stripe followed to the right or 
leftby two narrow stripes, first a white stripe and then a blue 
stripe.The Coast Guard emblem, as described in Sec. 23.10(b), 
iscentered within the confines of the broad red diagonal stripe.
    (b) The Coast Guard identifying insignia is intended primarily 
forthe identification of Coast Guard vessels, aircraft, vehicles, 
andshore units. It may also be reproduced for use on Coast 
Guardpublications, stationery, jewelry, and similar items.
    (c) Any person who desires to reproduce the Coast Guardidentifying 
insignia for non-Coast Guard use must first obtainapproval 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 CFR1.46(b))

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



Sec. 23.15  Coast Guard ensign.

    The Coast Guard ensign has sixteen perpendicular stripes 
alternatered and white, beginning with the red at the hoist. In the 
upperquarter, next to the hoist, is the union, being the Coat of Arms 
ofthe United States, in dark blue on a white field, half of the lengthof 
the flag, and extending down the hoist halfway. The distinctiveemblem of 
the Coast Guard in blue and white is placed with its centeron a line 
with the lower

[[Page 94]]

edge of the union and over the center ofthe seventh vertical red stripe 
from the hoist of the flag, the emblemcovering 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 partcomposed 
of thirteen blue stars in a horizontal line on a white field,one-fourth 
the length of the pennant; the remaining three-fourthsshall consist of 
sixteen vertical stripes of equal width, alternatered and white, 
beginning with the red, and a tail piece of red aboutone-fifth the 
entire length of the pennant, ending in a swallow tail.

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



Sec. 23.30  Penalty.

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

    No vessel or aircraft without authority shall carry, hoist ordisplay 
any ensign, pennant or other identifying insignia prescribedfor, or 
intended to resemble, any ensign, pennant or other identifyinginsignia 
prescribed for Coast Guard vessels or aircraft. Each personviolating 
this provision shall be fined not more than $5,000, orimprisoned 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 foreigncountries.

                       Subpart B_Admiralty Claims

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

                      Subpart C_Federal Tort Claims

25.301 Scope.
25.303 Procedure.

                        Subpart D_Military Claims

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

                        Subpart E_Foreign Claims

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

             Subpart F_Claims Not Cognizable Under Other Law

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

         Subpart G_Article 139, Uniform Code of Military Justice

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

                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 CFR1.45(b); 49 CFR 
1.46(b), unless otherwise noted.

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

[[Page 95]]



                            Subpart A_General



Sec. 25.101  Purpose.

    This subpart prescribes the requirements for the 
administrativesettlement of claims against the United States, other than 
claimsagainst the Oil Spill Liability Trust Fund under part 136 of 
thischapter and contract claims, but including claims arising from acts 
oromissions of employees of non-appropriated fund activities within 
theUnited 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 
StatesCoast Guard arising out of the activities of the Coast Guard 
mayobtain information and assistance from the Coast Guard Maintenance 
andLogistics Command Atlantic (lc), located at 300 East Main 
Street,Suite 965, Norfolk, VA 23510-9113 or from the Coast 
GuardMaintenance and Logistics Command Pacific (lc), located at Coast 
GuardIsland, Alameda, California, 94501, or from Commandant (G-LCL), 
U.S.Coast Guard, Washington, DC 20593, or from the Commander of any 
CoastGuard District listed in 33 CFR Part 3.

[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended byCGD 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 oromission 
results in injury or damage for which a claim is made or whenthe 
claimant discovers, or in the exercise of reasonable diligenceshould 
have discovered, the alleged wrongful act or omission.
    Claim. A written notification of an incident accompanied bydemand 
for the payment of a sum certain of money, other than forordinary 
obligations incurred for services, supplies, or equipment.
    Settle. To consider, ascertain, adjust, determine,compromise (when 
specifically authorized by law), and dispose of aclaim 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 
anyonehaving an interest in the property, including an insurer or 
othersubrogee, unless the interest is barred underSec. 25.109(a).
    (2) A claim for personal injury may be presented by the 
personinjured.
    (3) A claim based on death may be presented by the executor 
oradministrator of the decedent's estate, or any other person 
legallyentitled to assert such a claim under local law. The claimant's 
statusmust be stated in the claim.
    (4) A claim for medical, hospital, or burial expenses may 
bepresented by any person who by reason of family relationship has, 
infact, incurred the expenses.
    (b) A joint claim must be presented in the names of and signed 
by,the joint claimants, and the settlement must be made payable to 
thejoint claimants.
    (c) A claim may be presented by a duly authorized agent, 
legalrepresentative or survivor, if it is presented in the name of 
theclaimant. If the claim is not signed by the claimant, the agent, 
legalrepresentative, or survivor shall indicate their title or 
legalcapacity and provide evidence of their authority to present the 
claim.
    (d) Where the same claimant has a claim for damage to or loss 
ofproperty and a claim for personal injury or a claim based on 
deatharising 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 singleclaim. The 
total award of combined claims may not exceed the monetaryjurisdiction 
of the settlement authority. If the total award of thecombined claims 
exceeds, or is expected to exceed, a settlement

[[Page 96]]

authority's limits, the settlement authority is not permitted toconsider 
either, and the claim file will be forwarded to anappropriate settlement 
authority.
    (b) An insured (subrogor) and an insurer (subrogee) may file aclaim 
jointly or separately. If the insurer has fully reimbursed theinsured, 
payment will only be made to the insurer. If separate claimsare filed, 
the settlement will be made payable to each claimant to theextent of 
that claimant's undisputed interest. If joint claims arefiled, the 
settlement will be sent to the insurer.
    (c) Each claimant shall include with a claim, a written 
disclosureconcerning 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 paidthe 
claim in whole or in part, or has indicated payment will be made.
    (d) Each subrogee shall substantiate an interest or right to filea 
claim by appropriate documentary evidence and shall support theclaim as 
to liability and measure of damages in the same manner asrequired of any 
other claimant. Documentary evidence of payment to asubrogor does not 
constitute evidence of liability of the UnitedStates or conclusive 
evidence of the amount of damages. The settlementauthority makes an 
independent determination on the issues of fact andlaw based upon the 
evidence of record.
    (e) An insurance or other subrogated claim is not payable 
underSubpart E, F, or G of this part.



Sec. 25.111  Action by claimant.

    (a) Form of claim. The claim must meet the requirements ofSec. 
25.113. Authorized forms are available from the officesindicated in 
Sec. 25.103.
    (b) Presentation. Whenever possible the claim must bepresented to 
the geographically appropriate Coast Guard Maintenanceand Logistics 
Command. The Coast Guard Maintenance and LogisticsCommand Atlantic (lc) 
is located at 300 East Main Street, Suite 965,Norfolk, VA 23510-9113; 
Coast Guard Maintenance and LogisticsCommand Pacific (lc) is located at 
Coast Guard Island, Alameda,California, 94501. If that is not possible, 
the claim may also bepresented 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, 
UnitedStates Coast Guard, 2100 Second Street, SW., Washington, DC, 
20593.

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

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended byCGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 97-023, 62FR 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 presentedusing 
Standard Form 95, Claim for Damage, Injury, or Death.
    (b) A claim under any other Act may be presented using StandardForm 
95. Any claim which is not presented using Standard Form 95 
shallinclude:
    (1) The identity of the department, agency, or activity whose actor 
omission gave rise to the claim;
    (2) The full name and mailing address of the claimant. If 
thismailing address is not claimant's residence, the claimant shall 
alsoinclude residence address;
    (3) The date, time, and place of the incident giving rise to 
theclaim;
    (4) The amount claimed, supported by independent evidence ofproperty 
damage or loss, personal injury, or death, as applicable;
    (5) A detailed description of the incident giving rise to theclaim;
    (6) A description of any property damage or loss, including 
theidentity

[[Page 97]]

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 tothe 
incident and a brief statement of the witness' knowledge of theincident;
    (9) A description of any insurance carried by the claimant orowner 
of the property and the status of any insurance claim arisingfrom the 
incident; and
    (10) An agreement by the claimant to accept the total amountclaimed 
in full satisfaction and final settlement of the claim.
    (c) A claimant or duly authorized agent or legal representativemust 
sign in ink a claim and any amendment to that claim. If theperson's 
signature does not include the first name, middle initial, ifany, and 
surname, that information must be included in the claim. Amarried woman 
must sign her claim in her given name, e.g.,``Mary A. Doe,'' rather than 
``Mrs. JohnDoe.''



Sec. 25.115  Evidence supporting a claim.

    The claimant shall present independent evidence to support aclaim. 
This evidence may include, if available, statements ofwitnesses, 
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 medicalexpenses 
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 anydisability 
or physical disfigurement,
    (6) A current prognosis,
    (7) Any anticipated medical expenses, and
    (8) Any past medical history of the claimant relevant to 
theparticular injury alleged.
    Note: An examination by an independent medical facility orphysician 
may be required to provide independent medical evidenceagainst which to 
evaluate the written report of the claimant'sphysician. The settlement 
authority determines the need for thisexamination, makes mutually 
convenient arrangements for such anexamination, and bears the costs 
thereof.
    (c) All hospital records or other medical documents from eitherthis 
injury or any relevant past injury.
    (d) If the claimant is employed, a written statement by 
theclaimant's employer certifying the claimant's:
    (1) Age,
    (2) Occupation,
    (3) Hours of employment,
    (4) Hourly rate of pay or weekly salary,
    (5) Time lost from work as a result of the incident, and
    (6) Claimant's actual period of employment, full-time or part-time, 
and any effect of the injury upon such employment to supportclaims for 
lost earnings.
    (e) If the claimant is self-employed, written statements, or 
otherevidence 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 
providingservices to the claimant, statement of the cost necessarily 
incurredto 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 
abill of sale and a written appraisal, or two written appraisals, 
fromseparate disinterested dealers or brokers, market 
quotations,commercial catalogs, or other evidence of the price at which 
likeproperty can be obtained in the community. The settlement 
authoritymay waive these requirements when circumstances warrant. The 
cost ofany appraisal may be included as an element of damage if

[[Page 98]]

notdeductible from any bill submitted to claimant.
    (b) For each particular damaged item which can be 
economicallyrepaired, evidence of cost of repairs such as a receipted 
bill and oneestimate, or two estimates, from separate disinterested 
repairmen. Thesettlement authority may waive these requirements when 
circumstanceswarrant. The cost of any estimate may be included as an 
element ofdamage 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 
aspracticable 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 beeconomically 
repaired or used, it shall be treated as a lost item.
    (e) If a claim includes loss of earnings or use during repairs tothe 
damaged property, the following must also be furnished andsupported 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 explanationof 
any delay between the date of damage and the beginning date;
    (4) A complete description of all repairs performed, segregatingany 
work performed for the owner's account and not attributable to 
theincident involved, and the costs thereof;
    (5) The date and place the property was returned to service 
aftercompletion of repairs, and an explanation, if applicable, of 
anydelay;
    (6) Whether or not a substitute for the damaged property 
wasavailable. If a substitute was used by the claimant during the time 
ofrepair, an explanation of the necessity of using the substitute, howit 
was used, and for how long, and the costs involved. Any costsincurred 
that would have been similarly incurred by the claimant inusing the 
damaged property must be identified;
    (7) Whether or not during the course of undergoing repairs 
theproperty would have been used, and an explanation submitted 
showingthe identity of the person who offered that use, the terms of 
theoffer, time of prospective service, and rate of compensation; and
    (8) If at the time of damage the property was under charter orhire, 
or was otherwise employed, or would have been employed, theclaimant 
shall submit a statement of operating expenses that were, orwould have 
been, incurred. This statement shall include wages and allbonuses which 
would have been paid, the value of fuel and the value ofconsumable 
stores, separately stated, which would have been consumed,and all other 
costs of operation which would have been incurredincluding, but not 
limited to, license and parking fees, personnelexpenses, 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 
ofownership.



Sec. 25.121  Effect of other payments to claimant.

    The total amount to which the claimant may be entitled is 
normallycomputed as follows:
    (a) The total amount of the loss, damage, or personal injurysuffered 
for which the United States is liable, less any payment theclaimant has 
received from the following sources:
    (1) The military member or civilian employee who caused theincident;
    (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 claimanthas 
received by way of voluntary contributions, such as donations 
ofcharitable organizations.



Sec. 25.123  Settlement and notice to claimant.

    (a) If the settlement authority determines that the full 
amountclaimed should be paid, the settlement authority forwards the 
claim tothe disbursing officer for payment. If the time involved in 
settlingthe claim has been extensive, the settlement authority notifies 
theclaimant.

[[Page 99]]

    (b) If the settlement authority determines that less than thefull 
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 
forpayment of the claim in the reduced amount.
    (3) Advises the claimant, in the event claimant does not desire 
toaccept the offer, to reply within 45 days giving reasons forrejection.
    (4) Except upon a showing of good cause for delay in accepting 
aproposed settlement within 45 days, treats the non-acceptance as 
arejection. Rejection by a claimant of an offer of settlement rendersthe 
offer void.
    (5) If a claimant rejects a proposed settlement or fails to 
replywithin 45 days, the settlement authority may make further efforts 
tosettle the claim. When the settlement authority determines thatfurther 
efforts to settle the claim are not warranted, the settlementauthority 
notifies the claimant in writing by registered or certifiedmail, return 
receipt requested, that the claim has been denied becausethe amount 
claimed is excessive.
    (c) If the claim is denied, the settlement authority notifies 
theclaimant in writing by registered or certified mail, return 
receiptrequested.



Sec. 25.125  Appeal.

    The final denial of a claim by a settlement authority or a 
partialapproval by a settlement authority is not subject to appeal 
exceptunder the procedures prescribed for Military Claims in Subpart D 
ofthis part.



Sec. 25.127  Reconsideration.

    (a) The settlement authority may reconsider a claim upon 
theauthority's own initiative or upon request of the claimant or 
someoneacting on the claimant's behalf.
    (b) A request for reconsideration must be in writing and includethe 
legal or factual grounds for the relief requested.
    (c) Following any investigation or other action deemed necessaryfor 
reconsideration of the original action, the settlement 
authorityreconsiders the claim and if warranted attempts to settle it. 
Whenfurther settlement efforts appear unwarranted, the 
settlementauthority notifies the claimant in writing by certified or 
registeredmail, return receipt requested, that the relief requested is 
denied.
    (d) For the effect of reconsideration under the Federal TortClaims 
Act see 28 CFR Part 14.



Sec. 25.129  Acceptance of offer of settlement.

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



Sec. 25.131  Delegation of authority.

    (a) The Chief Counsel is delegated the following authority:
    (1) To carry out the functions of the Secretary and to exercisethe 
Commandant's authority as commanding officer for all Coast 
Guardpersonnel in regard to claims brought under Article 139, Uniform 
Codeof Military Justice (10 U.S.C. 939);
    (2) To carry out the functions of an officer designated by 
theSecretary under the so-called ``Foreign Claims Act'', asamended (10 
U.S.C. 2734);
    (3) To request that the Department of Defense pay any 
meritoriousclaims arising under International Agreements in accordance 
with Title10 U.S.C. 2734a and 2734b;
    (4) To carry out the functions of the Secretary under the Act 
ofOctober 9, 1962, as amended (10 U.S.C. 2737);
    (5) To carry out the functions of the Secretary under the Act 
ofAugust 16, 1937, as amended (14 U.S.C. 642);
    (6) To carry out the functions of the Secretary under the Act ofJune 
15, 1936, as amended (14 U.S.C. 646);
    (7) To carry out the functions of the Secretary under the Act 
ofAugust 4, 1949, as amended (14 U.S.C. 647);
    (8) To carry out the functions of the Secretary under the Act 
ofFebruary 19, 1941, as amended (14 U.S.C. 830);
    (9) To carry out the functions of the head of a Federal 
agency'sdesignee under the Federal Tort Claims Act, as amended (28 
U.S.C.2672);

[[Page 100]]

    (10) To carry out the functions of the head of an agencyunder the 
Military Personnel and Civilian Employees' Claims Act, asamended (31 
U.S.C. 3721);
    (11) To carry out the functions of the head of an agency under 
theFederal Claims Collection Act of 1966, as amended (31 U.S.C. 3711);
    (12) To carry out the functions of the head of the departmentunder 
the Federal Medical Care Recovery Act (42 U.S.C.2651-2653);
    (13) To review and approve for payment any voucher for payment ofa 
claim for $25 or less the authority for payment of which isquestioned by 
a certifying or disbursing officer;
    (14) To establish procedures consistent with the applicablestatutes 
and regulations for the administration of all claims.

    Note: Under the Military Claims Act (10 U.S.C. 2733), theSecretary 
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 
theauthority to carry out the functions of the head of an agency 
underthe Federal Claims Collection Act of 1966, as amended (31 
U.S.C.3711).

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended byCGD 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 CFR1.46(j) to the 
Chief Counsel may, unless otherwise limited, beredelegated in whole or 
in part to settlement authorities establishedby the Chief Counsel. 
Information concerning current settlementauthorities is available from 
the offices indicated inSec. 25.103.



Sec. 25.135  Processing and settlement of claims in foreign countries.

    (a) In certain countries, the Department of Defense has 
assignedsingle-service responsibility for the settlement of claims 
arisingunder the Foreign Claims Act, Military Claims Act, Nonscope 
ofEmployment Claims Act, Federal Medical Care Recovery Act, and 
FederalClaims Collection Act.
    (b) In a country where single-service claims responsibility hasbeen 
assigned, claims against the United States cognizable under theacts 
referenced in paragraph (a) of this section are processed andsettled by 
the service assigned responsibility.
    (c) A list of countries assigned to a single-service is 
availablefrom the military attache at any United States embassy or 
consulate.
    (d) In a country not assigned to a single-service, the rules 
forpresenting claims may be found in Sec. 25.111, and the claimwill be 
settled by the Coast Guard.



                       Subpart B_Admiralty Claims

    Authority: 14 U.S.C. 646; 14 U.S.C. 633; 49 CFR 1.46(b).



Sec. 25.201  Scope.

    This subpart prescribes the requirements for the 
administrativesettlement of maritime tort claims against the United 
States fordeath, personal injury, damage to or loss of property caused 
by avessel or other property in the service of the Coast Guard, or 
amaritime tort committed by an agent of the Coast Guard, and for 
claimsfor towage and salvage services rendered to a Coast Guard vessel 
orproperty.



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 realor 
personal property arising from a maritime tort caused by an agentor 
employee of the Coast Guard, or a vessel or other property in theservice 
of the Coast Guard, including an auxiliary facility operatedunder 
specific orders and acting within the scope of such orders; or
    (b) A claim for compensation for towage and salvage servicesrendered 
to a vessel in the service of the Coast Guard or to otherproperty 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 indirectlyfrom 
an act of

[[Page 101]]

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 employeefor 
whom benefits are provided under the Federal Employees'Compensation Act, 
or any other system of compensation wherecontribution is made or 
insurance premiums paid directly or indirectlyby the United States on 
behalf of the injured employee;
    (d) Is one for which a foreign country is responsible underArticle 
VIII of the Agreement Regarding the Status of Forces ofParties to the 
North Atlantic Treaty, or other similar treatyagreement;
    (e) Arises from private or domestic obligations as distinguishedfrom 
governmental transactions; or
    (f) Is for damage to or loss of personal property of 
militarypersonnel or civilian employees which is cognizable under the 
MilitaryPersonnel and Civilian Employees' Claims Act, as amended.



Sec. 25.207  Time limitation on claims.

    (a) A settlement authority may administratively settle and approvea 
claim for final payment within two years from the date that thecause of 
action accrues. Otherwise, the claim is barred. This two-yearperiod is 
not extended by presenting a claim nor by negotiations orcorrespondence. 
The existence of an administrative claim does notextend the two year 
statute of limitations in 46 U.S.C. 745.
    (b) If a complaint is filed in a Federal District Court before 
theexpiration of the two-year period, an administrative settlement may 
benegotiated by the settlement authority only with the consent of 
theDepartment of Justice. Payment is made upon final dismissal of 
thecomplaint.



                      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 
administrativesettlement of claims against the United States arising out 
of CoastGuard activities under the Federal Tort Claims Act.



Sec. 25.303  Procedure.

    A claim shall be presented and processed in accordance with 28 
CFRPart 14. Should there be a conflict between the provisions of 33 
CFRPart 25, Subpart A and the Department of Justice regulations in 28 
CFRPart 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 
administrativesettlement of claims against the United States arising out 
of theactivities of the Coast Guard under the Military Claims Act.



Sec. 25.403  Claims payable.

    A claim arising at any place caused by military personnel orcivilian 
employees of the Coast Guard acting within the scope of theiremployment, 
or otherwise incident to noncombat activities of the CoastGuard, whether 
or not negligence or intentional tort is shown, ispayable under this 
subpart for:
    (a) Damage to or loss of real property, including damage or 
lossincident to the use and occupancy of real property by the Coast 
Guard;
    (b) Damage to or loss of personal property, including propertybailed 
to the Coast Guard;
    (c) Damage to or loss of registered or insured mail while the mailis 
in the possession of the Coast Guard even though damaged or lost 
bycriminal 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 froman 
act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;

[[Page 102]]

    (c) Results wholly or partly from the negligent or wrongfulact of 
the claimant, claimant's agent, or claimant's employee, 
unlesscomparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employeefor 
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 orinsurance premiums paid 
directly or indirectly by the United States onbehalf of the injured 
employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial 
servicesfurnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort 
ClaimsAct, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a 
claimfalling within the exception contained in 28 U.S.C. 2680 (b) 
ispayable when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed 
inwriting before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while 
inthe 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 
byand for the Coast Guard except as provided inSec. 25.403(a);
    (k) Is for the taking of private property by trespass except 
foractual physical damage; or
    (l) Is for personal injury or death of a member or civilianemployee 
of the armed services of the U.S. whose death or injury wasincident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended byCGD 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 
twoyears after it accrues, except that if it accrues in time of war 
orarmed conflict, or if war or armed conflict intervenes within twoyears 
after it accrues, and if good cause is shown, the claim may bepresented 
not more than two years after the termination of the war orarmed 
conflict.
    (b) For the purposes of this section, a war or armed conflict isone 
in which an armed service of the United States is engaged. Thedates of 
commencement and termination of an armed conflict will be asestablished 
by concurrent resolution of Congress or by determinationof the 
President.



Sec. 25.409  Appeal.

    (a) A claimant may submit an appeal, in writing, through 
thesettlement authority disapproving the claim or approving the claim 
inpart.
    (1) The appeal shall set forth fully the legal or factual 
basesasserted as grounds for the appeal; and
    (2) The appeal is permitted only if it is postmarked within 45days 
after receipt of (i) notice of disapproval of the claim or (ii)offer of 
settlement in a reduced amount.
    (b) The disapproval of a claim is final unless the claimantsubmits a 
request for reconsideration or an appeal in writing.
    (c) Upon receipt of an appeal, the settlement authority examinesit 
and forwards it with the claim file, opinions, and recommendationsto 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 
administrativesettlement of claims against the United States by a 
foreign country,political subdivision or inhabitant thereof, for death, 
personalinjury, damage to or loss of property occurring outside the 
UnitedStates, its territories, commonwealths, or possessions, caused by 
amilitary member or civilian employee of the Coast Guard, or 
otherwiseincident to noncombat activities of the Coast Guard.



Sec. 25.503  Proper claimants.

    (a) The claimant, or the decedent in a death case, must have beenan 
inhabitant of a foreign country at the time of the incident givingrise 
to the claim

[[Page 103]]

and must not be otherwise excluded bySec. 25.505. It is not necessary 
that a claimant be acitizen of, or legal domiciliary of the foreign 
country.
    (b) A corporation or other organization doing business in aforeign 
country on a permanent basis may qualify as a proper claimantalthough 
organized under United States law.
    (c) The government of a foreign country or a political 
subdivisionthereof is a proper claimant unless excluded by waiver 
provisions ofapplicable international agreements.



Sec. 25.505  Claimants excluded.

    (a) Civilian employees of the United States and members of thearmed 
services of the United States and their dependents, who are in aforeign 
country primarily because of their own or their sponsor's dutystatus.
    (b) Other citizens of the United States, its 
territories,commonwealths, or possessions, unless they can establish 
their statusas 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 
anoncombat 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 nationalof 
the country in which the incident occurred; or
    (3) A civilian employee of the Coast Guard who is a national ofthe 
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 
liableunder local law.
    (b) The fact that the act giving rise to a claim may constitute 
acrime does not, by itself, bar relief.
    (c) Local law or custom pertaining to contributory or 
comparativenegligence, and to joint tort-feasors, are applied to the 
extentpracticable.



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 froman 
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 employeefor 
whom benefits are provided under the Federal Employees'Compensation Act, 
the Longshoremen's and Harbor Workers' CompensationAct, or any other 
system of compensation where contribution is made orinsurance premiums 
paid directly or indirectly by the United States onbehalf of the injured 
employee;
    (d) Is one for which a foreign country is responsible underArticle 
VIII of the Agreement Regarding the Status of Forces ofParties to the 
North Atlantic Treaty, or other similar treatyagreement;
    (e) Arises from private or domestic obligations as distinguishedfrom 
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 twoyears 
after it accrues. Under appropriate circumstances, a claimpresented 
orally may be considered.



Sec. 25.513  Amount claimed.

    The claimant shall state the amount claimed in the currency of 
thecountry where the incident occurred or where the claimant resided 
atthe time of the incident.



Sec. 25.515  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, awritten 
acceptance and release or a claim settlement agreement shallbe signed by 
the claimant before payment. The release executed by theclaimant shall 
release the United States and also release the tort-feasor or the person 
who occasioned the damage, injury, or death.

[[Page 104]]



             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 
administrativesettlement of claims against the United States under 10 
U.S.C. 2737incident to use of property of the United States and not 
cognizableunder other law.



Sec. 25.603  Claims payable.

    A claim for death, personal injury, or damage to or loss of realor 
personal property under this subpart is payable when caused by amilitary 
member or a civilian employee of the Coast Guard:
    (a) Incident to the use of a vehicle of the United States at 
anyplace; or
    (b) Incident to the use of any other property of the United Stateson 
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 
compensationstatute or an insurance policy;
    (b) Results wholly or partly from the negligent or wrongful act 
ofthe claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is cognizable under any other provision of law or 
regulationadministered by the Coast Guard; or
    (e) Is for any element of damage pertaining to death or 
personalinjury, other than the cost of reasonable medical, hospital, 
andburial expenses actually incurred and not otherwise furnished or 
paidby the United States.



Sec. 25.607  Time limitation on claims.

    A claim may be settled only if presented in writing within twoyears 
after it accrues.



Sec. 25.609  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, 
theclaimant must sign a written acceptance and release or a 
claimsettlement agreement before payment. Although larger claims may 
beconsidered, 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 
administrativesettlement of claims under Article 139, Uniform Code of 
MilitaryJustice, 10 U.S.C. 939, against military members of the Coast 
Guardfor damage to property willfully caused by them or loss of 
propertywrongfully taken by them.



Sec. 25.703  Claims payable.

    A claim for damage to or loss of real or personal property causedby 
a military member of the Coast Guard is payable under this subpartwhen 
the damage or loss results from:
    (a) Willful or intentional acts;
    (b) Wrongful taking; or
    (c) Riotous, violent, and reckless conduct or acts of depredationby 
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, orreckless 
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 UnitedStates 
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 
oromission of a member of the Coast Guard acting within the scope of 
themember's employment;
    (h) Extends to damage or loss that results from the owner'sfailure 
to mitigate damages; or
    (i) Has been paid by a third party.

[[Page 105]]



Sec. 25.707  Time limitation on claims.

    A claim may be settled only if presented within 90 days after 
itaccrues unless good cause is shown for the delay.



Sec. 25.709  Assessment limitation on claims.

    A claim is permitted in any amount; however, this subpartprohibits 
any assessment that exceeds one-half of one month's basicpay 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 
administrativesettlement of claims against the United States for damage 
to or lossof property resulting from containment or removal activities 
duringPhase III or IV of the National Contingency Plan, under the 
FederalWater 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 ispayable 
under this subpart if:
    (a) Caused by the United States, its employees, agents orcontractors 
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 
damageunavoidable.



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 ofoil 
or other hazardous polluting substance from a United States orforeign 
public vessel or federally controlled facility.



PART 26_VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONEREGULATIONS--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 ofradiotelephone.
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 SecurityDelegation No. 0170. Rule 1, 
International Regulations for thePrevention 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 
theVessel Bridge-to-Bridge Radiotelephone Act. This part:
    (1) Requires the use of the vessel bridge-to-bridgeradiotelephone;
    (2) Provides the Coast Guard's interpretation of the meaning 
ofimportant terms in the Act;
    (3) Prescribes the procedures for applying for an exemption fromthe 
Act and the regulations issued under the Act and a listing ofexemptions.
    (b) Nothing in this part relieves any person from the obligationof 
complying with the rules of the road and the applicable pilotrules.



Sec. 26.02  Definitions.

    For the purpose of this part and interpreting the Act:
    Act means the ``Vessel Bridge-to-Bridge RadiotelephoneAct'', 33 
U.S.C. sections 1201-1208;
    Length is measured from end to end over the deck excludingsheer;
    Power-driven vessel means any vessel propelled by machinery;and
    Secretary means the Secretary of the Department in which theCoast 
Guard is operating;
    Territorial sea means all waters as defined inSec. 2.22(a)(1) of 
this chapter.
    Towing vessel means any commercial vessel engaged in towinganother 
vessel astern, alongside, or by pushing ahead.

[[Page 106]]

    Vessel Traffic Services (VTS) means a serviceimplemented under Part 
161 of this chapter by the United States CoastGuard designed to improve 
the safety and efficiency of vessel trafficand to protect the 
environment. The VTS has the capability to interactwith marine traffic 
and respond to traffic situations developing inthe VTS area.
    Vessel Traffic Service Area or VTS Area means thegeographical area 
encompassing a specific VTS area of service asdescribed in Part 161 of 
this chapter. This area of service may besubdivided into sectors for the 
purpose of allocating responsibilityto individual Vessel Traffic Centers 
or to identify differentoperating requirements.

    Note: Although regulatory jurisdiction is limited to thenavigable 
waters of the United States, certain vessels will beencouraged or may be 
required, as a condition of port entry, to reportbeyond this area to 
facilitate traffic management within the VTS area.

(Rule 1, International Regulations for Preventing Collisionsat 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 byCGD 77-118a, 42 
FR 35784, July 11, 1977; CGD 90-020, 59FR 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 andexcept as 
provided in paragraph (a)(4) of this section, this partapplies to:
    (1) Every power-driven vessel of 20 meters or over in length 
whilenavigating;
    (2) Every vessel of 100 gross tons and upward carrying one or 
morepassengers for hire while navigating;
    (3) Every towing vessel of 26 feet or over in length 
whilenavigating; and
    (4) Every dredge and floating plant engaged in or near a channelor 
fairway in operations likely to restrict or affect navigation ofother 
vessels except for an unmanned or intermittently manned floatingplant 
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 
ofoperation from its navigational bridge, or in the case of a 
dredge,from its main control station, and capable of transmitting 
andreceiving on the frequency or frequencies within the 156-162Mega-
Hertz band using the classes of emissions designated by theFederal 
Communications Commission for the exchange of navigationalinformation.
    (c) The radiotelephone required by paragraph (b) of this sectionmust 
be carried on board the described vessels, dredges, and floatingplants 
upon the navigable waters of the United States.
    (d) The radiotelephone required by paragraph (b) of this sectionmust 
be capable of transmitting and receiving on VHF FM channel 22A(157.1 
MHz).
    (e) While transiting any of the following waters, each 
vesseldescribed in paragraph (a) of this section also must have on board 
aradiotelephone capable of transmitting and receiving on VHF FM 
channel67 (156.375 MHz):
    (1) The lower Mississippi River from the territorial sea 
boundary,and within either the Southwest Pass safety fairway or the 
South Passsafety fairway specified in 33 CFR 166.200, to mile 242.4 AHP 
(AboveHead of Passes) near Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial 
seaboundary, and within the Mississippi River-Gulf outlet Safety 
Fairwayspecified in 33 CFR 166.200, to that channel's junction with the 
InnerHarbor Navigation Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from 
itsjunction with the Mississippi River to that canal's entry to 
LakePontchartrain at the New Seabrook vehicular bridge.
    (f) In addition to the radiotelephone required by paragraph (b) 
ofthis section, each vessel described in paragraph (a) of this 
sectionwhile transiting any waters within a Vessel Traffic Service Area, 
musthave on board a radiotelephone capable of transmitting and 
receivingon the VTS designated frequency in Table 161.12(c) (VTS and 
VMRSCenters, Call Signs/MMSI, Designated Frequencies, and 
MonitoringAreas).


[[Page 107]]


    Note: A single VHF-FM radio capable of scanning orsequential 
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 
FederalCommunications Commission under section 8 of the Act, 33 
U.S.C.1207(a), to transmit any information other than information 
necessaryfor the safe navigation of vessels or necessary tests.
    (b) Each person who is required to maintain a listening watchunder 
section 5 of the Act shall, when necessary, transmit andconfirm, on the 
designated frequency, the intentions of his vessel andany other 
information necessary for the safe navigation of vessels.
    (c) Nothing in these regulations may be construed as prohibitingthe 
use of the designated frequency to communicate with shore stationsto 
obtain or furnish information necessary for the safe navigation 
ofvessels.
    (d) On the navigable waters of the United States, channel 13(156.65 
MHz) is the designated frequency required to be monitored inaccordance 
with Sec. 26.05(a) except that in the areaprescribed in Sec. 26.03(e), 
channel 67 (156.375 MHz) is thedesignated frequency.
    (e) On those navigable waters of the United States within a VTSarea, 
the designated VTS frequency is an additional designatedfrequency 
required to be monitored in accordance withSec. 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 byCGD 83-036, 48 FR 
30107, June 30, 1983; CGD 91-046, 57 FR14486, Apr. 21, 1992; 57 FR 
21741, May 22, 1992; CGD 90-020, 59FR 36323, July 15, 1994; CGD 95-033, 
60 FR 28329, May 31, 1995]



Sec. 26.05  Use of radiotelephone.

    Section 5 of the Act states that the radiotelephone required bythis 
Act is for the exclusive use of the master or person in charge ofthe 
vessel, or the person designated by the master or person in chargeto 
pilot or direct the movement of the vessel, who shall maintain 
alistening watch on the designated frequency. Nothing herein shall 
beinterpreted as precluding the use of portable radiotelephone 
equipmentto satisfy the requirements of this act.

[CGD 93-072, 59 FR 39963, Aug. 5, 1994]



Sec. 26.06  Maintenance of radiotelephone; failure of radiotelephone.

    Section 6 of the Act states:

    (a) Whenever radiotelephone capability is required by this Act, 
avessel's radiotelephone equipment shall be maintained in 
effectiveoperating condition. If the radiotelephone equipment carried 
aboard avessel ceases to operate, the master shall exercise due 
diligence torestore it or cause it to be restored to effective operating 
conditionat the earliest practicable time. The failure of a 
vessel'sradiotelephone equipment shall not, in itself, constitute a 
violationof this Act, nor shall it obligate the master of any vessel to 
moor oranchor his vessel; however, the loss of radiotelephone 
capabilityshall 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, 
aperson required to maintain a listening watch under section 5 of 
theAct, 33 U.S.C. 1204, unless the person can communicate in the 
Englishlanguage.

[CGD 90-020, 59 FR 36323, July 15, 1994, as amended byCGD 95-033, 60 FR 
28329, May 31, 1995]



Sec. 26.08  Exemption procedures.

    (a) The Commandant has redelegated to the Assistant Commandant 
forMarine Safety, Security and Environmental Protection, U.S. Coast 
GuardHeadquarters, with the reservation that this authority shall not 
befurther redelegated, the authority to grant exemptions from 
provisionsof the Vessel Bridge-to-Bridge Radiotelephone Act and this 
part.
    (b) Any person may petition for an exemption from any provision 
ofthe Act or this part;
    (c) Each petition must be submitted in writing to U.S. CoastGuard, 
Marine Safety, Security and Environmental

[[Page 108]]

Protection, 2100Second Street SW., Washington, DC 20593-0001, and must 
state:
    (1) The provisions of the Act or this part from which an exemptionis 
requested; and
    (2) The reasons why marine navigation will not be adverselyaffected 
if the exemption is granted and if the exemption relates to alocal 
communication system how that system would fully comply with theintent 
of the concept of the Act but would not conform in detail ifthe 
exemption is granted.

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended byCGD 73-256, 39 FR 
9176, Mar. 8, 1974; CGD 88-052, 53 FR25119, July 1, 1988; CGD 95-057, 60 
FR 34150, June 30, 1995;CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-
023, 62FR 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 thenavigation 
rules for Great Lakes and their connecting and tributarywaters (33 
U.S.C. 241 et seq.) are exempt from the requirements of theVessel 
Bridge-to-Bridge Radiotelephone Act and this part until May 6,1975.
    (b) Each vessel navigating on the Great Lakes as defined in 
theInland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and 
towhich 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 underSec. Sec. 26.03, 26.04, 26.05, 26.06, 
and 26.07. Each ofthese vessels and each person to whom 33 U.S.C. 
1208(a) applies mustcomply with Articles VII, X, XI, XII, XIII, XV, and 
XVI and TechnicalRegulations 1-9 of ``The Agreement Between the 
UnitedStates of America and Canada for Promotion of Safety on the 
GreatLakes by Means of Radio, 1973.''

[CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended byCGD 74-291, 39 FR 
44980, Dec. 30, 1974; CGD 83-003, 48FR 7442, Feb. 18, 1983; CGD 91-046, 
57 FR 14486, Apr. 21, 1992]



PART 27_ADJUSTMENT OF CIVIL MONETARY PENALTIESFOR INFLATION--Table of Contents




    Authority: Secs. 1-6, Pub. L. 101-410, 104Stat. 890, as amended by 
Sec. 31001(s)(1), Pub. L. 104-134, 110Stat. 1321 (28 U.S.C. 2461 note); 
Department of Homeland SecurityDelegation 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 authorizecivil 
monetary penalties for laws administered by the Coast Guard.These 
penalties are assessable in either civil judicial oradministrative 
proceedings. Table 1 is periodically amended to reflectrelevant changes 
in the United States Code and to show adjustments inpenalty amounts that 
are mandated by the Federal Civil PenaltiesInflation Adjustment Act of 
1990, as amended, but Table 1 will notreflect statutory changes that may 
take effect subsequent to the mostrecent amendment of Table 1. In any 
case of conflict between Table 1and the current provisions of the United 
States Code or anotherFederal statute, the current Code or statutory 
provision iscontrolling.

                                        Table 1--Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
                                                                                                      Inflation
                                                                                         Statutory   adjustments
            U.S. Code citation                  Civil monetary penalty description         penalty   per 1990Act
                                                                                            ($)      as amended
                                                                                                         ($)
----------------------------------------------------------------------------------------------------------------
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
                                            AssuranceRecords (first offense).
14 U.S.C. 645(i).........................  Confidentiality of Medical Quality               20,000        27,000
                                            AssuranceRecords (subsequent offenses).
16 U.S.C. 4711(g)(1).....................  Aquatic Nuisance Species in Waters of            25,000        27,500
                                            theUnited States.
19 U.S.C. 70.............................  Obstruction of Revenue Officers by Masters        2,000         2,200
                                            ofVessels.
19 U.S.C. 70.............................  Obstruction of Revenue Officers by Masters          500           550
                                            ofVessels--Minimum Penalty.
19 U.S.C. 1581(d)........................  Failure to Stop Vessel When Directed;             5,000          (**)
                                            Master,Owner, Operator or Person in Charge.

[[Page 109]]

 
19 U.S.C. 1581(d)........................  Failure to Stop Vessel When Directed;Master,      1,000          (**)
                                            Owner, Operator or Person in Charge--
                                            MinimumPenalty.
33 U.S.C. 471............................  Anchorage Ground/Harbor RegulationsGeneral..        100           110
33 U.S.C. 474............................  Anchorage Ground/Harbor Regulations St.             200           220
                                            Mary'sriver.
33 U.S.C. 495(b).........................  Bridges/Failure to Comply withRegulations...    * 5,000         (***)
33 U.S.C. 499(c).........................  Bridges/Drawbridges.........................    * 5,000         (***)
33 U.S.C. 502(c).........................  Bridges/Failure to Alter Bridge                 * 5,000         (***)
                                            ObstructingNavigation.
33 U.S.C. 533(b).........................  Bridges/Maintenance andOperation............    * 5,000         (***)
33 U.S.C. 1208(a)........................  Bridge to Bridge Communication; Master,             500           650
                                            Personin Charge or Pilot.
33 U.S.C. 1208(b)........................  Bridge to Bridge Communication;Vessel.......        500           650
33 U.S.C. 1232(a)........................  PWSA Regulations............................     25,000        32,500
33 U.S.C. 1236(b)........................  Vessel Navigation: Regattas or Marine             5,000         6,500
                                            Parades;Unlicensed Person in Charge.
33 U.S.C. 1236(c)........................  Vessel Navigation: Regattas or Marine             5,000         6,500
                                            Parades;Owner Onboard Vessel.
33 U.S.C. 1236(d)........................  Vessel Navigation: Regattas or Marine             2,500         2,750
                                            Parades;Other Persons.
33 U.S.C. 1321(b)(6)(B)(i)...............  Oil/Hazardous Substances: Discharges(Class I     10,000        11,000
                                            per violation).
33 U.S.C. 1321(b)(6)(B)(i)...............  Oil/Hazardous Substances: Discharges(Class I     25,000        32,500
                                            total under paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)..............  Oil/Hazardous Substances: Discharges(Class       10,000        11,000
                                            II per day of violation).
33 U.S.C. 1321(b)(6)(B)(ii)..............  Oil/Hazardous Substances: Discharges(Class      125,000       157,500
                                            II total under paragraph).
33 U.S.C. 1321(b)(7)(A)..................  Oil/Hazardous Substances: Discharges (perday     25,000        32,500
                                            of violation) Judicial Assessment.
33 U.S.C. 1321(b)(7)(A)..................  Oil/Hazardous Substances: Discharges              1,000         1,100
                                            (perbarrel of oil or unit discharged)
                                            Judicial Assessment.
33 U.S.C. 1321(b)(7)(B)..................  Oil/Hazardous Substances: Failure toCarry        25,000        32,500
                                            Out Removal/Comply With Order (Judicial
                                            Assessment).
33 U.S.C. 1321(b)(7)(C)..................  Oil/Hazardous Substances: Failure toComply       25,000        32,500
                                            with Regulation Issued Under 1321(j)
                                            (Judicial Assessment).
33 U.S.C. 1321(b)(7)(D)..................  Oil/Hazardous Substances: Discharges,Gross        3,000         3,300
                                            Negligence (per barrel of oil or unit
                                            discharged) JudicialAssessment.
33 U.S.C. 1321(b)(7)(D)..................  Oil/Hazardous Substances: Discharges,Gross      100,000       110,000
                                            Negligence-Minimum Penalty (Judicial
                                            Assessment).
33 U.S.C. 1322(j)........................  Marine Sanitation Devices;Operating.........      2,000         2,200
33 U.S.C. 1322(j)........................  Marine Sanitation Devices; Sale                   5,000         6,500
                                            orManufacture.
33 U.S.C. 1517(a)........................  Deepwater Ports; Oil Discharge..............     10,000        11,000
33 U.S.C. 1608(a)........................  International Navigation Rules;Operator.....      5,000         6,500
33 U.S.C. 1608(b)........................  International Navigation Rules;Vessel.......      5,000         6,500
33 U.S.C. 1908(b)(1).....................  Pollution from Ships;General................     25,000        32,500
33 U.S.C. 1908(b)(2).....................  Pollution from Ships; FalseStatement........      5,000         6,500
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 WithoutPermit...     10,000        11,000
33 U.S.C. 2716a(a).......................  Oil Pollution Liability andCompensation.....     25,000        32,500
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 InternationalCargo......      5,000         6,500
46 U.S.C. App 1805(c)(2).................  Suspension of PassengerService..............     50,000        60,000
46 U.S.C. 2110(e)........................  Vessel Inspection or ExaminationFees........      5,000         6,500
46 U.S.C. 2115...........................  Alcohol and Dangerous Drug Testing..........      5,000         5,500
46 U.S.C. 2302(a)........................  Negligent Operations: RecreationalVessels...      5,000         (***)
46 U.S.C. 2302(a)........................  Negligent Operations: OtherVessels..........     25,000         (***)
46 U.S.C. 2302(c)(1).....................  Operating a Vessel While Under the                5,000         5,500
                                            Influenceof 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:Master........      1,000         1,100
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 SchoolVessel....      5,000         6,500
46 U.S.C. 3318(h)........................  Vessel Inspection; Failure to Give Notice         1,000         1,100
                                            IAW3304(b).
46 U.S.C. 3318(i)........................  Vessel Inspection; Failure to Give Notice         1,000         1,100
                                            IAW3309(c).

[[Page 110]]

 
46 U.S.C. 3318(j)(1).....................  Vessel Inspection; Vessel =           10,000        11,000
                                            1600Gross Tons.
46 U.S.C. 3318(j)(1).....................  Vessel Inspection; Vessel < 1600 GrossTons..      2,000         2,200
46 U.S.C. 3318(k)........................  Vessel Inspection; Failure to Comply             10,000        11,000
                                            with3311(b).
46 U.S.C. 3318(l)........................  Vessel Inspection; Violation of 3318(b)-          5,000         6,500
                                            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 ofTickets..        500           650
46 U.S.C. 3506...........................  Copies of Laws on Passenger Vessels;Master..        200           220
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         (***)
                                            relatedseries of violations).
46 U.S.C. 4311(b)(1).....................  Recreational Vessels; Violation of 4307(a)..      5,000         (***)
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
                                            IndustryVessels.
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; Violation            5,000         6,500
                                            of6104.
46 U.S.C. 8101(e)........................  Manning of Inspected Vessels; Failure to          1,000         1,100
                                            ReportDeficiency 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; Employing          10,000        11,000
                                            orServing in Capacity not Licensed by USCG.
46 U.S.C. 8101(h)........................  Manning of Inspected Vessels; Freight             1,000         1,100
                                            Vessel< 100 GT, Small Passenger Vessel, or
                                            Sailing SchoolVessel.
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 8104(a) or      10,000        11,000
                                            (b).
46 U.S.C. 8104(j)........................  Watches on Vessels; Violation of 8104(c),        10,000        11,000
                                            (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, Charterer,            10,000        11,000
                                            ManagingOperator, 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 inCharge.
46 U.S.C. 9308(b)........................  Pilotage: Great Lakes;Individual............     10,000        11,000
46 U.S.C. 9308(c)........................  Pilotage: Great Lakes; Violation of9303.....     10,000        11,000
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; Remuneration                500           650
                                            forEmployment.
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; Remuneration         5,000         5,500
                                            forEmployment.
46 U.S.C. 10508(b).......................  Coastwise Voyages: Seamen Protection;General      5,000         5,500
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 Vessel........        100           110
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 toMaintain........        200           220
46 U.S.C. 11303(b).......................  Log Books; Master Failing to MakeEntry......        200           220
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; FisheryEndorsement....    100,000       110,000
46 U.S.C. 12309(b).......................  Numbering of UndocumentedVessels............      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

[[Page 111]]

 
46 U.S.C. 14702..........................  Measurement; FalseStatements................     20,000        27,000
46 U.S.C. 31309..........................  Commercial Instruments and MaritimeLiens....     10,000        11,000
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 Security...............................     25,000         (***)
49 U.S.C. 5123(a)(1).....................  Hazardous Materials: Related toVessels......     25,000        32,500
49 U.S.C. 5123(a)(1).....................  Hazardous Materials: Related toVessels--            250           275
                                            Minimum Penalty.
----------------------------------------------------------------------------------------------------------------
* These penalties will increase in accordance with thestatute 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 frominflation adjustments.
*** These penalties did not qualify for an adjustment underthe rounding rules of the Act.


[USCG-2003-15486, 70 FR 17, Jan. 3, 2005]

[[Page 113]]

                                  INDEX

                            SUBCHAPTER A_GENERAL

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 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 114]]

                                 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 
Captainof 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

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
District Commander................................................1.01-1

[[Page 115]]

District Commander, Seventeenth CGD..............................1.01-50
Districts.........................................................Part 3
Documentation/inspection requests.................................20.604
Documents, issuance of and employment of persons on boardvessels 
                                                                  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 
                                                        Part20-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, Coast Guard Reserve.......................................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

                                 I

Identification credentials........................................6.10-7

[[Page 116]]

Information and assistance........................................25.103
Information, Coast Guard Reserve.....................................8.7
Initiation of action.............................................1.07-20
Initiation of administrative proceedings..........................20.401
Insignia............................................................5.63
Instruction for administration..................................17.05-10
Insurance and other subrogated claims.............................25.109
Interested persons................................................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 Security Council................................1.05-5
Medals..............................................................5.65
Medals, replacement of............................................1.26-5
Medical treatment and hospitalization...............................5.59
Membership in auxilary and other 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 
Militaryinstallations..............................................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
Pollution Removal Damage Claims........................Part 25-subpart H
Powers............................................................20.202

[[Page 117]]

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 
waterfrontfacilities..............................................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 for waterfront facilities and vessels inport......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
Seventh Coast Guard District........................................3.35

[[Page 118]]

Sector Key West Marine Inspection Zone and Captain of thePort Zone
                                                                 3.35-40
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 
inlegal 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 andRegulations.....Part 
                                                                      19
Warnings, written by Coast Guard boarding officers....Part 1-subpart1.08
Where and when displayed, Distinctive vessel/aircraftmarkings......23.05
Withdrawal or disqualification....................................20.204
Witness fees......................................................20.708
Witnesses.........................................................20.706
Written testimony.................................................20.808

[[Page 119]]



                         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 menand 
women as cadets who are admitted to the Coast Guard Academy, NewLondon, 
Connecticut. The Superintendent of the Coast Guard Academytenders 
appointments on the basis of previous academic performance,reported 
College Entrance Examination Board or American CollegeTesting scores, 
and the findings of a Cadet Candidate EvaluationBoard, consisting of 
Coast Guard officers appointed by theSuperintendent of the Coast Guard 
Academy, which reviews eachapplicant's personal qualifications. In 
addition, a Service AcademyMedical Examination must be satisfactorily 
completed beforeappointment. Applications must be submitted online 
athttp://www.uscga.edu using Coast Guard forms CGA-14,CGA-14A, CGA-14B, 
CGA-14C, and CGA-14D.These forms, along with additional information on 
the Cadetappointment program, may be obtained from the Director of 
Admissions,U.S. Coast Guard Academy, New London, CT 06320.

[USCG-2008-0179, 73 FR 35002, June 19, 2008]



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 withinthe 
Department of Homeland Security. All personnel enlisted in theCoast 
Guard are subject to the Uniform Code of Military Justice.
    (b) Any person desiring to enlist in the Coast Guard should applyat 
a Coast Guard Recruiting Office, or direct inquiries to, CoastGuard 
Recruiting Center, 4200 Wilson Boulevard, Suite 450, Arlington,VA 22203. 
Enlistments in the Coast Guard shall be for general serviceand enlisted 
persons may be transferred as necessary from one unit toanother. 
Original enlistments will be made only at regular recruitingoffices 
unless otherwise directed by the Commandant. An originalenlistment is 
the enlistment of an individual who has not had previousservice in the 
Regular Coast Guard. In processing an application forenlistment, the 
Coast Guard will determine the mental, moral andphysical fitness of the 
applicant through reference to local policefiles, character references, 
employers, school authorities andphysical and mental examinations. 
Concealment of any fact,circumstance or condition existing prior to 
enlistment which wouldrender the applicant ineligible for enlistment may 
subject theapplicant to criminal penalties under the Uniform Code of 
MilitaryJustice and/or administrative separation from the Coast Guard.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended byCGD 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 whoneed 
information regarding their service should contact the nearestCoast 
Guard Recruiting Office or Coast Guard Recruiting Center, 4200Wilson 
Boulevard, Suite 450, Arlington, VA 20203.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]

[[Page 120]]



PART 49_PAYMENT OF AMOUNTS DUE MENTALLYINCOMPETENT 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: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; 37U.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 
isauthorized to appoint, in his discretion, the person or persons whomay 
receive active-duty pay and allowances, amounts due foraccumulated or 
accrued leave, or any retired or retainer pay,otherwise payable to 
personnel on the active or retired list of theCoast Guard and Coast 
Guard Reserve, entitled to Federal pay either onthe active or any 
retired list of said service, who, in the opinion ofcompetent medical 
authority, have been determined to be mentallyincapable of managing 
their own affairs, and for whom no legalcommittee, guardian, or other 
representative has been appointed by acourt of competent jurisdiction.



Sec. 49.01-5  Requests for appointment of trustee.

    Requests for the appointment of a person or persons to receivemoneys 
due personnel believed to be mentally incapable of managingtheir own 
affairs shall be submitted to the Commandant of the CoastGuard:
    (a) By any person or persons who believe, because of 
relationship,they should be appointed to receive payments on behalf of 
the allegedincompetent;
    (b) By the Commanding Officer of the alleged incompetent if 
thelatter is on active duty;
    (c) By the Commanding Officer of any Armed Forces hospital inwhich 
the mentally incompetent is undergoing treatment;
    (d) By the head of any veterans' hospital, or other public orprivate 
institution in which the alleged incompetent is undergoingtreatment;
    (e) By any other person or organization acting for and in the 
bestinterests of the alleged mentally incompetent.



Sec. 49.01-10  Determination of incompetency.

    After examining the legitimacy, substance, and sufficiency of 
theapplication, the Commandant shall either (a) direct the 
CommandingOfficer of the alleged mentally incompetent, (b) the 
CommandingOfficer of the Coast Guard unit to which such incompetent may 
beconveniently referred, or (c) request the Surgeon General of thePublic 
Health Service to convene or appoint, at the Public HealthHospital or 
facility, where the alleged incompetent is receivingtreatment or to 
which his case may be conveniently referred, a boardof not less than 
three qualified medical officers, one of whom shallbe specially 
qualified in the treatment of mental disorders, todetermine whether the 
alleged incompetent is capable of managing hisown affairs. The record of 
proceedings, and the findings of the boardshall, 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 
inaccordance with Sec. 49.01-10, that the allegedincompetent is 
mentally incapable of managing his own affairs, theCommandant may 
appoint a suitable person or persons, not under legaldisability so to

[[Page 121]]

act, as trustee or trustees to receive in behalfof the incompetent all 
amounts due the incompetent from such sourcesset forth in Sec. 49.01-1, 
and to use said funds inthe best interests of the incompetent.



Sec. 49.05-5  Bonding of trustee.

    The trustee or trustees appointed to receive moneys in behalf 
ofincompetent personnel shall furnish a bond in all cases when 
theamounts to be received may be expected to exceed $1,000, and in 
suchother cases when deemed appropriate by the Commandant. The bond 
sorequired and furnished shall have as surety a company approved by 
theFederal Government, and shall be in such amount as is required by 
theCommandant. Such bonds shall be continued in effect for the life 
oftrusteeship and expenses in connection with the furnishing and 
renewalof 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 dueincompetent 
personnel shall, prior to the payment of any such moneys,execute and 
file with the Commandant an affidavit or affidavits sayingand deposing 
that any moneys henceforth received by virtue of suchappointment shall 
be applied solely to the use and benefit of theincompetent and that no 
fee, commission, or charge shall be demanded,or in any manner accepted, 
for any service or services rendered inconnection 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 reportsannually, 
or at such other times as the Commandant may designate. Thereport shall 
show a statement of the conditions of the trust accountat the time of 
the submission of the report, including all fundsreceived on behalf of 
the incompetent; all expenditures made in behalfof the incompetent, 
accompanied by receipts or vouchers covering suchexpenditures; and a 
receipt indicating that the surety bond requiredby Sec. 49.05-5 has 
been renewed. When the trustee isthe spouse or adult dependent of the 
incompetent, receipts or vouchersneed not be filed for expenditures made 
for living expenses. If thetrustee or trustees fail to report promptly 
and properly at the end ofany annual period or at such other times as 
the Commandant desires,the Commandant may, in his discretion, cause 
payment to such trusteeor trustees to cease, and may, if deemed 
advisable, appoint anotherperson or persons not under legal disability 
so to act, to receivefuture payments of moneys due the incompetent for 
the use and benefitof the incompetent.



Sec. 49.10-5  Payment of moneys due.

    Upon the appointment of a trustee or trustees to receive moneysdue 
an incompetent, the authorized certifying officer having custodyof that 
person's pay record shall be advised. After such notification,payments 
of moneys due the incompetent may be made by the appropriateofficer in 
accordance with procedure prescribed by the Commandant. Allsuch payments 
so made, however, shall be made to the designatedtrustee or trustees.



Sec. 49.10-10  Cessation of payments.

    (a) Payments of amounts due incompetent personnel shall cease tobe 
paid to the trustee or trustees upon receipt of notification by 
theauthorized certifying officer of the occurrence of any of 
thefollowing:
    (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 
legalrepresentative has been appointed for the incompetent by a court 
ofcompetent jurisdiction;
    (4) Failure of the trustee or trustees to render the reportsrequired 
by Sec. 49.10-1;
    (5) That there is probable cause to believe that moneys receivedon 
behalf of the incompetent have been, or are being, improperly used;
    (6) A finding by a board of medical officers that the 
heretoforeincompetent is mentally capable of managing his own affairs;

[[Page 122]]

    (7) That the Commandant deems it to be in the best interestof 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 
deemedappropriate, appoint a successor trustee or trustees. The 
successortrustee or trustees, so appointed, shall comply with the 
provisions ofthe regulations and instructions in this part issued 
thereunder, anddo all acts in the manner required of the original 
trustee ortrustees.



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, thetrustee or trustees will be discharged and the surety 
released. Inevent of death or disability of the trustee, the final 
accounting willbe 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 notin 
conflict with the regulations in this part as may be necessary fromtime 
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 vesselinspection 
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 theBoard, 
is hereby established in the Coast Guard.
    (b) It will be the duty of the Board to review, at the request ofany 
Coast Guard officer retired or released to inactive service,without pay, 
for physical disability, pursuant to the decision of aretiring board, 
the findings and decision of the retiring board. Theterm ``retired or 
released to inactive service'' includesevery kind of separation from the 
service.
    (c) After reviewing the findings and decision of a retiring boardthe 
Board will affirm or reverse, in whole or in part, the findingsand 
decision of the retiring board.
    (d) In carrying out its duties the Board shall have the samepowers 
as exercised by, or vested in, the retiring board whosefindings 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 
officersdesignated for each case from a panel appointed by the 
Commandant. Thesenior Coast Guard members of the panel will designate 
the members ofthe Board for each case, three of whom shall be officers 
of the CoastGuard and two of whom shall be officers of the Public Health 
Service.
    (b) The senior Coast Guard member of the Board will be Presidentand 
the junior Coast Guard member will be Recorder.
    (c) The Board will convene at the time and place designated by 
thePresident 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 
toinactive service, without pay, for a physical disability, pursuant 
tothe decision of a Coast Guard retiring board, may request a review 
ofthe findings and decision of the retiring board.
    (b) An application requesting a review must be in writing andshall 
be addressed to the Retiring Review Board, Coast GuardHeadquarters,

[[Page 123]]

Washington D.C. 20226. Forms for application forreview 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 
forreview, showing in general the nature of error or inequity believed 
tohave 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 
inperson;
    (6) Whether the applicant will be represented by counsel, and ifso, 
the name and address of counsel.
    (d) No request for review shall be valid, and the Board will 
notconsider an application, unless filed within fifteen years after 
thedate of retirement for disability, or after the effective date of 
theact 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 applicationtogether 
with any additional written evidence or argument that he maydesire to 
submit;
    (2) At a hearing before the Board.
    (b) The case of an applicant may be presented by his counsel. 
Theterm ``counsel'' includes members of the bar in goodstanding, 
accredited representatives of veterans' organizationsrecognized by the 
Veterans' Administration under section 200 of theact of June 29, 1936 
(49 Stat. 2031, 38 U. S. C. 101), and any otherperson approved by the 
Board.
    (c) If an applicant signifies a desire to present his case at 
ahearing, the Board will give him written notice of the place of 
hishearing, and of the time, which shall be at least thirty days 
afterthe time of mailing the notice.
    (d) The Board may, upon its own motion or at the request of 
theapplicant or his counsel, grant a continuance whenever it 
appearsnecessary, in the judgment of the Board, in order to insure 
athorough, complete and equitable hearing.
    (e) The case of any applicant who fails to appear, either inperson 
or by counsel, after being duly notified of the time and placeof the 
hearing will be decided upon the written application and suchother 
evidence as is available to the Board.
    (f) As far as practicable the hearings of the Board will beconducted 
in accordance with the pertinent instructions contained inCoast Guard 
Boards, 1935, as amended, except that:
    (1) Physical examination of the applicant is not mandatory, butthe 
Board may request that he submit to physical examination byphysicians of 
the Board's choice in any case in which it appears tothe satisfaction of 
the Board to be essential;
    (2) The medical members of the Board will not submit a report 
andwill not be subject to examination.
    (g) Evidence may be submitted to the Board by oral testimony 
underoath, or in the form of depositions or affidavits. Witnesses 
appearingbefore the Board will be subject to examination or cross-
examination,as the case may be, by members of the Board and the 
applicant or hiscounsel.
    (h) The Board will consider all available service records and 
allmatter adduced by the applicant that bears upon the merits of 
thecase. It will not be restricted by the rules of evidence.
    (i) Classified matter of the Coast Guard will not be madeavailable 
to an applicant or his counsel. The Board will, when itdeems it 
necessary in the interest of justice and compatible with thepublic 
interest, make available a summary of relevant classifiedmatter.
    (j) The Government will not assume or pay any expenses incurred byan 
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 
itthe Board will, in closed session, deliberate and make its 
decisionaffirming or reversing the findings and decision of the retiring 
boardbeing reviewed.

[[Page 124]]

    (b) If the Board reverses the findings of the retiring boardbeing 
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 ofservice 
or incurred in the line of duty;
    (5) Whether the incapacity was the result of the applicant's 
ownvicious habits;
    (6) In the case of Reserve officers and officers who have 
servedunder temporary appointments, when the physical disability 
wasincurred.
    (c) The findings and decision of a majority of the Board 
willconstitute the findings and decision of the Board Members who do 
notconcur with the majority may file a minority report.
    (d) When the Board has concluded its proceedings in any case 
theRecorder will prepare a complete record thereof including (1) 
theapplication for review (2) a transcript of the hearing, if any 
(3)affidavits, briefs, and written agreements filed in the case, (4) 
thefindings and decision of the Board, and (5) all other papers 
anddocuments necessary to reflect a true and complete record of 
theproceedings. This complete record will be transmitted to 
theCommandant 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 
ofthe 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, 116Stat. 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 
administrativedischarges from the Coast Guard by a Discharge Review 
Board (DRB) orby the Secretary of the Department, and for the 
compilation of therecord of the DRB determination, made available for 
public inspection,copying and distribution through the Armed Forces 
DischargeReview/Correction Board Reading Room.



Sec. 51.2  Authority.

    (a) The Secretary of Homeland Security has the authority toestablish 
a Discharge Review Board (DRB) to review the discharge of aformer member 
of the United States Coast Guard under the provisions of10 U.S.C. 1553. 
This part prescribes the establishment and outlinesthe procedures of the 
Coast Guard Discharge Review Board. TheSecretary retains the authority 
to review and take final action on theDRB's findings in the following 
cases:
    (1) Those cases in which a minority of the board requests thattheir 
written opinion be forwarded to the Secretary for consideration;
    (2) Those cases selected by the Commandant to inform the Secretaryof 
aspects of the board's functions which may be of interest to 
theSecretary;
    (3) Any case in which the Secretary demonstrates an interest;
    (4) Any case which the President of the board believes is 
ofsignificant interest to the Secretary.
    (b) The Commandant of the Coast Guard is delegated the authorityto:
    (1) Appoint members to serve on the Discharge Review Board;
    (2) Appoint alternates to serve on the DRB in the event that 
aregularly appointed member is unavailable;
    (3) Designate a member as the President of the DRB; and

[[Page 125]]

    (4) Review and take final action on all DRB decisions whichare not 
reviewed by the Secretary.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended byCGD 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 
Guardincluding reserve-components and all former members who have 
beendischarged within 15 years of the date upon which application 
forreview is received by the DRB. A former member may apply to the 
DRBfor a change in the character of, and/or the reason for, 
thedischarge. The Coast Guard DRB review is generally applicable only 
toadministrative discharges, however, the DRB may review the dischargeof 
a former member by sentence of a court-martial for the purpose 
ofclemency. A petition for clemency will not be considered by the 
DRBunless the applicant has exhausted all appellate remedies. Upon 
apetition for clemency, the DRB shall consider only the equity of 
thedischarge awarded.



Sec. 51.4  Definitions.

    Applicant. A former member of the Coast Guard who has beendischarged 
from the service but excluding those discharged by sentenceof a court-
martial, except as provided in Sec. 51.3. If theformer 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 applicantwho 
agrees to represent the applicant in a case before the DRB. Itincludes, 
but is not limited to: A lawyer who is a member of the barof a federal 
court or of the highest court of a state; an accreditedrepresentative 
designated by an organization recognized by theAdministrator of Veterans 
Affairs; a representative from a stateagency concerned with veterans 
affairs; or a representative fromprivate organizations or local 
government agencies.
    Discharge. Any formal separation of a member from the CoastGuard 
which is not termed ``honorable'', includingdismissals and ``dropping 
from the rolls''. This term alsoincludes the assignment of a separation 
program designator, separationauthority, the stated reason for the 
discharge, and thecharacterization of service.
    Discharge Review. The process by which the reason forseparation, the 
procedures followed in accomplishing separation, andthe characterization 
of service are evaluated. This includesdeterminations made under the 
provisions of 38 U.S.C. 3103(e)(2).
    Discharge Review Board. A board consisting of five membersof the 
U.S. Coast Guard, appointed by the Commandant of the CoastGuard and 
vested with the authority to review the discharge of aformer member. The 
board is empowered to change a discharge or issue anew discharge to 
reflect its findings, subject to review by theCommandant or the 
Secretary.
    Hearing. A proceeding which, upon request of the applicant,is 
utilized in the discharge review process enabling the applicantand/or 
the applicant's representative to appear before the DRB andpresent 
evidence.
    President. An officer of the United States Coast Guardappointed by 
the Commandant as President to preside over the DRB. ThePresident will 
convene the board and may also serve as a member. Ifthe President does 
not serve as a member of the DRB, the Presidentshall designate a 
presiding officer for the board to serve asPresident.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.5  Objective of review.

    The objective of the discharge review is to examine the proprietyand 
equity of the applicant's discharge and to effect changes ifnecessary. 
The DRB will utilize its discretion to reach a fair andjust resolution 
of the applicant's claim. The standards of review andthe underlying 
factors which aid in determining whether the standardsare met shall be 
historically consistent with criteria for determininghonorable service. 
No factors shall be established which requireautomatic change, or denial 
of change, in a discharge.

[[Page 126]]



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 timeof issuance 
which prejudiced the rights of the applicant.
    (b) A discharge may be improper if there has been a change inpolicy 
by the Coast Guard made expressly retroactive to the type ofdischarge 
under consideration.



Sec. 51.7  Equity standard of review.

    (a) A discharge is presumed to be equitable and will not bechanged 
under this section unless the applicant submits evidencesufficient to 
establish, to the satisfaction of the DRB that:
    (1) The policies and procedures under which the applicant 
wasdischarged differ in material respects from policies and 
procedurescurrently applicable on a service-wide basis to discharges of 
thattype, provided that current policies or procedures represent 
asubstantial enhancement of the rights afforded a party in 
suchproceedings, and there is substantial doubt that the applicant 
wouldhave received the same discharge if relevant current policies 
andprocedures had been available to the applicant at the time of 
thedischarge proceedings under consideration; or
    (2) At the time of issuance, the discharge was inconsistent 
withstandards of discipline in the Coast Guard; or
    (3) The applicant's military record and other evidence presentedto 
the DRB, viewed in conjunction with the factors listed inSec. 51.8 and 
the regulations under which the applicant wasdischarged, do not fairly 
justify the type of discharge received.
    (b) If the applicant was discharged with a characterized 
dischargebefore June 15, 1983, a change from the characterized discharge 
to anuncharacterized discharge will not be considered under the 
provisionsof (a)(1) of this section unless specifically requested by 
theapplicant. A determination that a discharge is inequitable 
accordingto the provisions of (a)(2) or (a)(3) of this section shall 
entitlethe applicant to a discharge of a type to which the applicant 
wasentitled at the time the original discharge was issued.



Sec. 51.8  Relevant considerations.

    In determining the equity and propriety of a former 
member'sdischarge, the DRB shall consider all relevant evidence 
presented bythe 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 
thequality of the applicant's service, the DRB may consider 
theapplicant's dates and periods of service; rate or rank achieved; 
marksand evaluations received; awards, decorations and letters 
ofcommendation; acts of merit; combat service and wounds 
received;promotions and demotions; prior military service and type 
ofdischarge; records of unauthorized absence; records of non-
judicialpunishment; convictions by court-martial; records of conviction 
bycivil authorities while a member of the Coast Guard; and any 
otherrelevant information respecting the applicant which is brought to 
theboard's attention.
    (b) The applicant's capability to serve. In determining 
theapplicant's capability to serve, the DRB considers such factors as 
theapplicant's age and education; qualification for 
reenlistment;capability to adjust to military service; and family or 
personalproblems.
    (c) Any evidence of arbitrary, capricious or discriminatoryactions 
by individuals in authority over the applicant.
    (d) Any other information respecting the applicant considered bythe 
DRB to be relevant and material to the review of the 
applicant'sdischarge.



Sec. 51.9  Discharge review procedures.

    (a) Preliminary. Prior to a review, applicants or 
theirrepresentatives may obtain copies of military records by submitting 
aStandard Form 180, Request Pertaining to Military Records, to 
theNational Personnel Records Center (NPRC), 9799 Page Boulevard, 
St.Louis, MO. 72132. The request to the NPRC should be submitted prior 
tosubmitting the application for review, so that relevant 
informationfrom the

[[Page 127]]

record can be included with the application.
    (b) Initiation of review. Review may be initiated by anapplicant or 
by the DRB. The applicant may apply for DRB review ofdischarge by 
submitting DD Form 293, Application for Review ofDischarge or Separation 
from the Armed Forces of the United States,along with any other 
statements, affidavits or documentation desiredby the applicant. The 
application must be received by the DRB withinfifteen (15) years of the 
date of the discharge. The application formcan 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 ForcesReview/Correction Board Reading 
Room, Pentagon Concourse, Washington,DC 20310.
    (c) Notice. (1) The DRB will provide notification advisingthe 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 reviewwill be 
sent to the surviving spouse, next of kin or legalrepresentative of the 
former member. If the review is initiated by theDRB, notification will 
be sent to the last known address of the formermember.
    (2) Prior to the initiation of the decision process, the DRB 
willnotify the former member of the date by which requests to examine 
thedocuments to be considered by the board must be received. This 
noticewill also state the date by which a request for a hearing must be 
madeand the deadline for filing responses to the board.
    (3) An applicant who requests a hearing will be notified of thetime 
and place of the hearing. All expenses incurred by the applicantin DRB 
proceedings and hearings are the sole responsibility of theapplicant and 
are not obligations of the U.S. Coast Guard or theDepartment of 
Transportation. If the applicant fails to appear, exceptas provided in 
Sec. 51.9(f), the DRB will review thedischarge and reach a decision 
based upon the evidence of record.
    (d) Withdrawal of application. An applicant may withdraw 
anapplication without prejudice at any time before the scheduled 
review.An application which is withdrawn will not stay the running of 
the 15year statutory limitation imposed on the authority of the DRB 
toreview the discharge.
    (e) The DRB will consider the records and other data submitted bythe 
applicant. The DRB may consider other probative evidence providedthat 
all materials relied on by the DRB, except classified documents,are made 
available to the applicant and applicant's representativeprior to the 
hearing date (or review date if no hearing is requested).The DRB shall 
not consider a classified document in the review of adischarge unless a 
summary of, or extract from, the document (deletingall reference to 
sources of information and other matters, thedisclosure of which would, 
in the opinion of the classifyingauthority, be detrimental to the 
security interests of the UnitedStates) is made available to the 
applicant.
    (f) Postponement of review or hearing. At any time beforethe date of 
scheduled review or hearing, an applicant may be granted acontinuance, 
provided the applicant or the applicant's counsel makes awritten request 
for additional time to the DRB which shows good causeto justify the 
postponement.
    (g) Hearing procedures. The following procedures apply toDRB 
hearings:
    (1) DRB hearings are not public. Presence at hearings is limitedto 
persons authorized by the Commandant or expressly requested by 
theapplicant, subject to reasonable limitations based upon 
availablespace.
    (2) The Federal Rules of Evidence are not applicable to 
DRBproceedings. The presiding officer rules on matters of procedure 
andensures that reasonable bounds of relevancy and materiality 
areadhered to in the taking of evidence.
    (3) An applicant is permitted to make a sworn or unswornstatement. 
Witness testimony will only be taken under oath oraffirmation. An 
applicant or witness who makes a statement may bequestioned by the DRB.

[[Page 128]]

    (4) An applicant may make oral or written argument personallyor 
through his or her representative.
    (h) Reconsideration. The decision of the DRB may not bereconsidered 
unless--
    (1) The only previous consideration of the case was on the motionof 
the DRB;
    (2) Changes in discharge policy occur; or
    (3) New, substantial, relevant evidence, not available to 
theapplicant at the time of the original review, is submitted to the 
DRB.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.10  Decisions.

    (a) The DRB will make written findings and conclusions withrespect 
to all disputed facts and issues. The decision of the DRB isgoverned by 
the vote of a majority of the board.
    (b) A decision document is prepared for each review conducted bythe 
DRB. This document contains--
    (1) The date, character of, and reason for the discharge 
includingthe 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, 
asextracted from the service record, health record and other 
evidencepresented to the DRB;
    (5) References to documentary evidence, testimony or othermaterial 
relied on by the DRB in support of its decision;
    (6) A statement of the DRB's findings with respect to each 
issueraised by the applicant;
    (7) A summary of the rationale and a statement of the 
DRB'sconclusions as to whether any change, correction or 
modificationshould be made in the type or character of the discharge or 
the reasonand authority for the discharge; and
    (8) A statement of the particular changes, correction, 
ormodification 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 
evidenceconsidered by the DRB other than information contained in the 
servicerecords;
    (3) Briefs or written arguments submitted by or on behalf of 
theapplicant;
    (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 
orSecretary.
    (b) The record of the discharge review is incorporated into 
theservice record of the applicant.
    (c) A copy of the decision of the DRB and the final action thereonis 
made available for public inspection and copying promptly after anotice 
of the final decision is sent to the applicant. However, to theextent 
required for the protection of privacy rights, identifyingdetails of the 
applicant and other persons are deleted from the publicrecord.
    (1) DRB documents made available for public inspection and 
copyingare located in the Armed Forces Discharge Review/Correction 
BoardReading Room. The documents are indexed so as to enable the public 
todetermine why relief was granted or denied. The index includes thecase 
number, the date, character of, reason for, and authority for 
thedischarge and is maintained at Coast Guard Headquarters and the 
ArmedForces Reading Room. The Armed Forces Discharge Review/
CorrectionBoard Reading Room publishes indexes quarterly for all boards.
    (2) Correspondence relating to matters under the cognizance of 
theReading Room (including requests for purchase of indexes) should 
beaddressed to: Armed Forces Discharge Review/Correction Board 
ReadingRoom, The Pentagon Concourse, Washington, DC 20310.

[[Page 129]]



PART 52_BOARD FOR CORRECTION OF MILITARYRECORDS 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 ofBoard

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 forextensions, 
          changes in requests for relief, and late submissions 
          ofevidence.
52.27 Withdrawal of application.
52.28 Stay of proceedings.

    Subpart D_Consideration of Application and AdministrativeClosure

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 ofclassified, 
          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 correctionof 
military records of the Coast Guard, for consideration ofapplications by 
the Department of Homeland Security Board forCorrection of Military 
Records of the Coast Guard (hereinafter``the Board''), and for settling 
claims or determiningmonetary benefits.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, asamended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.2  Authority.

    (a) The Secretary of Homeland Security, acting through boards 
ofcivilians, is authorized to correct any military record of the 
CoastGuard when the Secretary considers it necessary to correct an error 
orremove an injustice. 10 U.S.C. 1552. The Secretary shall ensure 
thatfinal action on a complete application for correction is taken 
within10 months of its receipt.

(14 U.S.C. 425)
    (b) Corrections made under this authority are final and conclusiveon 
all officers of the Government except when procured by fraud. 10U.S.C. 
1552(a)(4).

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, asamended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]

[[Page 130]]



       Subpart B_Establishment, Function, and Jurisdiction ofBoard



Sec. 52.11  Establishment and composition.

    (a) Pursuant to 10 U.S.C. 1552, the Board for Correction ofMilitary 
Records of the Coast Guard is established in the Office ofthe Secretary 
of Homeland Security.
    (b) The Secretary appoints a panel of civilian officers oremployees 
of the Department of Homeland Security to serve as membersof the Board, 
and designates one such member to serve as Chair of theBoard. The Chair 
designates members from this panel to serve as theBoard for each case 
requiring consideration by a Board. The Boardconsists of three members, 
and two members present constitute a quorumof the Board.
    (c) The Deputy Chair of the Board exercises the functionsprescribed 
by these regulations and such other duties as may beassigned by the 
Chair.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, asamended by USCG-
2003-15404, 68 FR 37740, June 25, 2003]



Sec. 52.12  Function.

    The function of the Board is to consider all applications 
properlybefore it, together with all pertinent military records and 
anysubmission received from the Coast Guard or other Government 
officeunder subpart E, to determine:
    (a) Whether an error has been made in the applicant's Coast 
Guardmilitary record, whether the applicant has suffered an error 
orinjustice as the result of an omission or commission in his or 
herrecord, or whether the applicant has suffered some manifest 
injusticein the treatment accorded him or her; and
    (b) Whether the Board finds it necessary to change a militaryrecord 
to correct an error or remove an injustice.



Sec. 52.13  Jurisdiction.

    (a) The Board has jurisdiction to review and determine all 
mattersproperly brought before it, consistent with existing law and 
suchdirectives as may be issued by the Secretary.
    (b) No application shall be considered by the Board until 
theapplicant has exhausted all effective administrative remedies 
affordedunder existing law or regulations, and such legal remedies as 
theBoard may determine are practical, appropriate, and available to 
theapplicant.



           Subpart C_General Provisions Regarding Applications



Sec. 52.21  General requirements.

    (a) An application for correction of a Coast Guard record shall 
besubmitted on DD Form 149 (Application for Correction of Military 
orNaval 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 theChair of the 
Board.
    (b) The application shall be signed by the person alleging erroror 
injustice in his or her military record, except that an applicationmay 
be signed by a family member or legal representative with respectto the 
record of a deceased, incapacitated, or missing person. Thefamily member 
or legal representative must submit proof of his or herproper interest 
with the application.
    (c) No application shall be docketed or processed until it 
iscomplete. An application for relief is complete when all of 
thefollowing 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 bysubstantial evidence or information in support of such 
allegation;
    (2) The military records of the applicant; and
    (3) Any applicable military and Department of Veterans 
Affairsmedical records.
    (d) It is the applicant's responsibility to include his or 
hercorrect mailing address on the DD Form 149 and to inform the Chair 
inwriting of any subsequent change of address until the Board or 
theSecretary takes final action on the application.
    (e) Briefs in support of applications must be assembled in amanner 
that

[[Page 131]]

permits easy reproduction and may not exceed twenty-five double-spaced 
typewritten pages in a type size with no more thantwelve characters per 
inch. This limitation does not apply tosupporting documentary evidence. 
In complex cases, the Chair may waivethis limitation.



Sec. 52.22  Time limit for filing application.

    An application for correction of a record must be filed withinthree 
years after the applicant discovered or reasonably should havediscovered 
the alleged error or injustice. If an application isuntimely, the 
applicant shall set forth reasons in the application whyit is in the 
interest of justice for the Board to consider theapplication. An 
untimely application shall be denied unless the Boardfinds that 
sufficient evidence has been presented to warrant a findingthat it would 
be in the interest of justice to excuse the failure tofile timely.



Sec. 52.23  Counsel.

    (a) Applicants may be represented by counsel at their own 
expense.Applicants whose cases are processed under the 
WhistleblowerProtection Act and who are granted a hearing by the Board 
may beentitled 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 bythe Secretary of Veterans Affairs 
pursuant to 38 U.S.C. 5902; andother persons who, in the opinion of the 
Chair, are competent torepresent the applicant for correction. Whenever 
the term``applicant'' is used in these rules, except inSec. 52.21(c), 
the term shall mean an applicant or his orher counsel.



Sec. 52.24  Evidence and burden of proof.

    (a) It is the responsibility of the applicant to procure andsubmit 
with his or her application such evidence, including officialrecords, as 
the applicant desires to present in support of his or hercase. All such 
evidence should be submitted with the applicant's DDForm 149 in 
accordance with Sec. 52.21(c)(1). Evidencesubmitted by an applicant 
after an application has been filed anddocketed shall be considered late 
and its acceptance is subject to theprovisions in Sec. 52.26(a)(4) and 
(c).
    (b) The Board begins its consideration of each case 
presumingadministrative regularity on the part of Coast Guard and 
otherGovernment officials. The applicant has the burden of proving 
theexistence of an error or injustice by the preponderance of 
theevidence.



Sec. 52.25  Access to official records.

    The applicant shall have such access to official records or to 
anyinformation pertaining to the applicant which is in the custody of 
theCoast 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 hisor 
her application within 10 months after all the elements of acomplete 
application, as defined in Sec. 52.21(c), have beenreceived by the 
Board, unless the applicant:
    (1) Submits a written request, which is granted by the Chair, foran 
extension of a specific duration to seek counsel or additionalevidence;
    (2) Submits a written request, which is granted by the Chair, foran 
extension of the time provided for responding to the views of theCoast 
Guard in accordance with Sec. 52.42(d);
    (3) Submits a signed statement that is determined by the Chair 
tosignificantly amend the applicant's request for relief after 
theapplication 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 respondingto 
a request for further information or evidence.
    (b) If the applicant requests an extension in accordance 
withparagraphs (a)(1) or (a)(2) of this section or unreasonably 
delaysresponding to a request for further information or evidence 
inaccordance with paragraph (a)(5) of this section, he or she shall 
havea

[[Page 132]]

right to have final action taken on the application forcorrection within 
10 months of the application's completion plus allperiods of extension 
granted to the applicant by the Chair and allperiods of unreasonable 
delay.
    (c) If the applicant significantly amends his or her request 
forrelief or submits significant new evidence after the application 
hasbeen docketed, in accordance with paragraphs (a)(3) or (a)(4) of 
thissection, the application shall be considered newly complete as of 
thedate the amended request for relief or new evidence is received, 
inwhich case the applicant shall have a right to have final action 
takenon the application within 10 months of the date the Board receives 
theamended request for relief or significant new evidence.



Sec. 52.27  Withdrawal of application.

    The Chair may, at his or her discretion, permit the applicant 
towithdraw his or her application at any time before final action 
istaken under Sec. 52.64. Any further consideration by theBoard of the 
issues raised in the withdrawn application shall occuronly upon the 
filing of a new application.



Sec. 52.28  Stay of proceedings.

    An application to the Board for correction of a military recorddoes 
not operate as a stay of any proceeding or administrative actiontaken 
with respect to or affecting the applicant.



    Subpart D_Consideration of Application and AdministrativeClosure



Sec. 52.31  Consideration of application.

    Each application shall be reviewed by the Chair to determinewhether 
it meets the requirements of Sec. 52.21 before it isdocketed. The Chair 
shall decide in appropriate cases whether to granta 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 
beendocketed and at any time prior to its consideration by the Board 
ifthe Chair determines that:
    (1) The application was erroneously docketed because theapplication 
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 
issuespresented or the applicant has not exhausted an 
availableadministrative remedy, as required under Sec. 52.13(b); or
    (4) The Coast Guard has granted effective relief satisfactory tothe 
applicant.
    (b) Administrative closure does not constitute a denial of 
relief.Applicants who believe their cases should not have 
beenadministratively closed by the Chair may resubmit their 
applicationswith a request for further consideration and a statement 
explainingwhy the applicant believes his or her case should be docketed 
andconsidered by the Board. A request for further consideration shall 
beregarded as a new application for the purposes ofSec. Sec. 52.21 and 
52.26.
    (c) If the Chair administratively closes a case, the applicantshall 
be advised of the reason and of the right to resubmit his or 
herapplication.



       Subpart E_Submissions by the Coast Guard and Other Offices



Sec. 52.41  Assistance.

    The Board may request such advice, opinion, assistance, or use ofthe 
facilities of any other bureau, board, or office of the Departmentof 
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 Guardor 
his or her delegate a copy of each application for relief submittedand 
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 
mayforward to the Board a written advisory opinion presenting the 
viewsof the Coast Guard on any case before the Board.
    (c) An advisory opinion furnished by the Coast Guard under 
thissection shall not be binding upon the Board,

[[Page 133]]

but shall beconsidered by the Board, along with all other information 
and materialsubmitted in the particular case, if it is received by the 
Boardwithin 135 days of the date the application is complete. The 
Chairmay, in his or her discretion, grant the Coast Guard an extension 
ofthe time provided for submitting the advisory opinion.
    (d) The Board shall promptly send a copy of each submission madeby 
the Coast Guard under this section to the applicant involved,subject to 
the limitations in Sec. Sec. 52.42(c) and52.43(c). Each applicant has 
30 days, from the date the Board sendsthe submission, to submit to the 
Board a written rebuttal or responseto the Coast Guard's advisory 
opinion or a written request for anextension of the time to respond, 
subject to the provisions inSec. 52.26.
    (e) Advisory opinions submitted by the Coast Guard and 
briefssubmitted by applicants in response to the advisory opinions of 
theCoast Guard must be assembled in a manner that permits 
easyreproduction and may not exceed fifteen double-spaced 
typewrittenpages in a type size with no more than twelve characters per 
inch.This limitation does not apply to supporting documentary evidence. 
Incomplex 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 submitadditional 
information not included in the application or response tothe advisory 
opinion.
    (b) The Chair or the Board may ask the Coast Guard or 
otherGovernment office to submit any information, including reports 
ofinvestigations, that the Chair or the Board deems relevant to 
anapplicant's case.
    (c) Whenever the Coast Guard or other Government office 
submitsclassified, privileged, or sensitive information to the Board 
inaccordance with paragraph (b) of this section orSec. 52.42(b), it 
shall identify such information and alsoprovide the Board with a copy of 
that part of the information thatwould be released to the applicant by 
the Coast Guard or otherGovernment office if he or she requested it 
under 49 CFR parts 7 and10. 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 
iswarranted, the applicant will be entitled to be heard orally inperson, 
by counsel, or in person with counsel.



Sec. 52.52  Notice of hearing.

    (a) If the Chair determines that a hearing is warranted, the 
Chairshall notify the applicant that a hearing has been granted.
    (b) The date of hearing shall be not less than 21 days from thedate 
of this notification. Written notice stating the date, time, andplace of 
the hearing shall be given to the applicant and the CoastGuard.



Sec. 52.53  Witnesses.

    (a) In any case in which the Chair has granted a hearing, 
theapplicant shall have the right to present witnesses.
    (b) It is the responsibility of the applicant to notify his or 
herwitnesses and to ensure their appearance at the date, time, and 
placeset for the hearing.



Sec. 52.54  Expenses.

    No expenses of any nature whatsoever incurred by an applicant, hisor 
her counsel, witnesses, or others acting on behalf of the applicantshall 
be paid by the Government, except that an applicant may beentitled to 
representation by a Coast Guard law specialist if the casehas 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 orby 
counsel at the appointed date, time, and place for hearing, isdeemed to 
have waived the right to a hearing. The application is thenconsidered by 
the Board on the basis of all the material of record.

[[Page 134]]



Sec. 52.56  Conduct of hearing.

    (a) The Chair or the Chair's designee shall conduct a hearing soas 
to ensure a full and fair presentation of the evidence.
    (b) The hearing is not limited by legal rules of evidence, 
butreasonable standards of competency, relevancy, and materiality 
areobserved 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 berecorded 
verbatim and, at the discretion of the Board or direction ofthe 
Secretary, shall be transcribed.



                   Subpart G_Judgment and Disposition



Sec. 52.61  Deliberations and decision.

    (a) The Board is convened at the call of the Chair and itsmeetings 
are recessed or adjourned by order of the Chair. Only membersof the 
Board and its staff may be present during the deliberations ofthe Board. 
The Board's deliberations are conducted in executivesession and are not 
reported.
    (b) When the Board finds that the facts have not been fully 
andfairly disclosed by the records, testimony, and any other 
evidencebefore the Board, the Board may request the applicant and/or the 
CoastGuard to obtain and submit such further evidence as it 
considersessential to a complete and impartial understanding of the 
facts andissues.
    (c) Following the receipt of all evidence, the Chair shall causeto 
be prepared and shall submit to the Board for its consideration adraft 
decision containing proposed findings and conclusions and aproposed 
order. A majority vote of the members of the Board present ata meeting 
on any matter relating to a draft decision before the Boardshall 
constitute the action of the Board. If a draft decision isapproved 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 effectiverelief, which may 
include directing the Coast Guard to convene medicalboards.
    (e) If the Board deems it necessary to submit a comment 
orrecommendation to the Secretary as to a matter arising from, but 
notdirectly related to, the issues in a case, it does so by 
separatecommunication.



Sec. 52.62  Minority report.

    In case of disagreement among Board members, a minority report maybe 
submitted dissenting from or concurring with the decision of theBoard.



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 viewsof the 
Coast Guard, if any; any transcript of testimony; affidavitsand 
documents considered by the Board; briefs and written argumentsfiled in 
the case; the findings, decisions, and recommendations of theBoard; 
minority reports, if any; and all other materials necessary toreflect a 
true and complete history of the proceedings.
    (b) After final action has been taken on an application inaccordance 
with Sec. 52.64, any classified, privileged, orsensitive information in 
the record of proceedings that has beenprovided by the Coast Guard or 
another Government office in accordancewith Sec. Sec. 52.42 or 52.43 
shall be returned by theBoard to the office from which it was received. 
Only a copy of theinformation provided by the Coast Guard or other 
Government office forrelease to the applicant in accordance with Sec. 
52.43(c)shall be retained in the permanent record of proceedings after 
finalaction is taken.



Sec. 52.64  Final action.

    (a) The Board, provided that it acts unanimously, may take 
finalaction on behalf of the Secretary, pursuant to 10 U.S.C. 1552, 
asfollows:
    (1) The Board may deny an application for the correction ofmilitary 
records.
    (2) Unless the Coast Guard, in submitting its views pursuant toSec. 
52.42(b), identifies and describes a significant

[[Page 135]]

issue of Coast Guard policy challenged in the application, theBoard may 
approve an application for the correction of militaryrecords in any of 
the following categories:
    (i) An application to correct an enlistment or reenlistmentcontract 
or agreement to extend an enlistment for the purpose ofeffecting or 
increasing entitlement to a Selective Reenlistment Bonus;
    (ii) An application to modify an election to participate in 
theSurvivor Benefit Plan;
    (iii) An application to change a reenlistment eligibility code;
    (iv) An application to correct the character of, or reason for, 
adischarge or separation; or
    (v) An application to receive a medal or award.
    (3) The Board may approve any application for correction ofmilitary 
records not included in one of the categories in paragraph(a)(2) of this 
section, if the Coast Guard recommends the same orsubstantially same 
relief as that requested by the applicant.
    (b) Except in cases where the Board takes final action 
underparagraph (a) of this section, the Board shall forward the record 
ofits proceedings to the Secretary, who may approve, disapprove, 
orconcur in the decision of the Board or the minority report, if 
any,either in whole or in part, and amend the order of the 
Boardaccordingly, or return the case to the Board for 
additionalconsideration. After taking final action, the Secretary shall 
send anysuch statement and the record of proceedings to the Board 
fordisposition.



Sec. 52.65  Orders.

    (a) The Board shall issue such orders or directives as may 
benecessary to carry out a final action.
    (b) The Board may ask the Coast Guard to submit a written reportto 
the Board specifying the action taken and the date thereof withrespect 
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 ofthe 
applicant.



Sec. 52.66  Notification.

    After final action is taken under Sec. 52.64, the Boardshall send a 
copy of the final decision to the applicant. Theapplicant may inspect 
the permanent record of proceedings at Boardoffices.



Sec. 52.67  Reconsideration.

    (a) Reconsideration of an application for correction of a 
militaryrecord shall occur if an applicant requests it and the request 
meetsthe requirements set forth in paragraph (a)(1) or (a)(2) of 
thissection.
    (1) An applicant presents evidence or information that was 
notpreviously considered by the Board and that could result in 
adetermination other than that originally made. Such new evidence 
orinformation may only be considered if it could not have been 
presentedto the Board prior to its original determination if the 
applicant hadexercised reasonable diligence; or
    (2) An applicant presents evidence or information that the Board,or 
the Secretary as the case may be, committed legal or factual errorin the 
original determination that could have resulted in adetermination other 
than that originally made.
    (b) The Chair shall docket a request for reconsideration of afinal 
decision if it meets the requirements of paragraph (a)(1) or (a)(2) of 
this section. If neither of these requirements is met, theChair shall 
not docket such request.
    (c) The Board shall consider each application for 
reconsiderationthat has been docketed. None of the Board members who 
served on theBoard that considered an applicant's original application 
forcorrection shall serve on the Board that decides the 
applicant'sapplication upon reconsideration.
    (d) Action by the Board on a docketed application forreconsideration 
is subject to Sec. Sec. 52.26 and52.64(b).
    (e) An applicant's request for reconsideration must be filedwithin 
two years after the issuance of a final decision, except asotherwise 
required by law. If the Chair dockets an applicant's requestfor 
reconsideration, the two-year requirement may be waived if theBoard 
finds that it would be in the interest of justice to considerthe request 
despite its untimeliness.

[[Page 136]]



         Subpart H_Payment of Claims and Implementation ofOrders



Sec. 52.71  Authority to pay.

    (a) The Coast Guard is authorized to pay the claims of any personas 
the result of any action heretofore or hereafter taken under 10U.S.C. 
1552.
    (b) The Coast Guard is not authorized to pay any claim 
heretoforecompensated by Congress through enactment of private law, or 
to payany amount as compensation for any benefit to which the claimant 
mightsubsequently become entitled under the laws and 
regulationsadministered by the Secretary of Veterans Affairs.



Sec. 52.72  Implementation of orders.

    (a) In each case the Board shall transmit a copy of its decisionor 
the Secretary's decision to the proper Coast Guard authority 
fordetermination of monetary benefits due, if any, as a result of 
theaction of the Board and for corrections of the military record 
orderedby the Board.
    (b) Upon request, the claimant is required to furnish to the Boardor 
to the Coast Guard any information necessary to determine theproper 
parties to the claim for payment under applicable provisions oflaw.
    (c) Appropriate records shall be examined in light of the 
Board'sdecision to determine all amounts which may be due. Amounts found 
dueare subject to setoff in the amount of any existing indebtedness 
tothe Government arising from Coast Guard service and to other 
setoffsrequired by law or regulation.
    (d) At the time of payment, the claimant shall be advised as tothe 
nature and amount of the various benefits represented by the 
totalsettlement, and of the fact that acceptance of the 
settlementconstitutes a complete release by the claimant of any claim 
againstthe United States on account of the correction of record ordered 
bythe Board.



Sec. 52.73  Interpretation.

    If the intent or import of the final decision is not clear to 
theCoast Guard, if the Coast Guard believes that executing all or part 
ofthe order in the final decision is beyond the Coast Guard's 
authority,or if the Coast Guard believes that the order is incomplete 
because ofan oversight, the final decision shall be returned to the 
Board forclarification or technical amendment.



Sec. 52.74  Report of settlement.

    When payment is made pursuant to the order of the Board, the 
Boardmay request the Coast Guard to notify it of the name of any person 
towhom 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 necessaryto 
prevent an unwarranted invasion of privacy of the applicant orother 
persons mentioned in the final decision of the Board, a redactedcopy of 
each final decision shall be indexed by subject and madeavailable for 
review and copying at a public reading room. Finaldecisions created on 
or after November 1, 1996, shall be madeavailable 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, 102Stat. 1918; Pub. L. 
101-225, 103 Stat. 1908; Pub. L.107-296, 116 Stat. 2135.

    Source: 56 FR 13405, Apr. 2, 1991, unless otherwisenoted.



Sec. 53.1  Purpose.

    This part:
    (a) Establishes policy and implements section 1034 of title 10 ofthe 
United States Code to provide protection against reprisal tomembers of 
the Coast Guard for making a lawful communication to aMember of Congress 
or an Inspector General.

[[Page 137]]

    (b) Assigns responsibilities and delegates authority for 
suchprotection and prescribes operating procedures.



Sec. 53.3  Applicability.

    This part applies to members of the United States Coast Guard, 
theBoard for Correction of Military Records of the Coast Guard, and 
theDepartment of Homeland Security's Office of the Inspector General.

[56 FR 13405, Apr. 2, 1991, as amended byUSCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.5  Definitions.

    As used in this part, the following terms shall have the 
meaningstated, except as otherwise provided:
    Board for Correction of Military Records of the Coast Guard.The 
Department of Homeland Security Board for Correction of MilitaryRecords 
of the Coast Guard (Board) is empowered under 10 U.S.C. 1552to make 
corrections of Coast Guard military records. The Board is partof the 
Office of the General Counsel in the Office of the Secretary ofHomeland 
Security.
    Corrective Action. Any action deemed necessary to make 
thecomplainant whole, changes in agency regulations or practices, and/
oradministrative or disciplinary action against offending personnel, 
orreferral to the U.S. Attorney General or courtmartial 
conveningauthority of any evidence of criminal violation.
    Inspector General. The Inspector General in the Office ofInspector 
General of the Department of Homeland Security, as appointedunder the 
Inspector General Act of 1978.
    Law Specialist. A commissioned officer of the Coast Guarddesignated 
for special duty (law).
    Member of the Coast Guard. Any past or present Coast Guarduniformed 
personnel, officer or enlisted, regular or reserve. Thisdefinition 
includes cadets of the Coast Guard Academy.
    Member of Congress. In addition to a Representative or aSenator, the 
term includes any Delegate or Resident Commissioner toCongress.
    Personnel Action. Any action taken regarding a member of theCoast 
Guard that adversely affects or has the potential to adverselyaffect the 
member's position or his or her career. Such actionsinclude, but are not 
limited to, a disciplinary or other correctiveaction; a transfer or 
reassignment; a performance evaluation; or adecision concerning a 
promotion, pay, benefits, awards, or training.
    Reprisal. Taking or threatening to take an unfavorablepersonnel 
action or withholding or threatening to withhold a favorablepersonnel 
action against a member of the Coast Guard for making orpreparing to 
make a communication to a Member of Congress or anInspector General.
    Secretary. The Secretary of Homeland Security or his or herdelegate.

[56 FR 13405, Apr. 2, 1991, as amended byUSCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.7  Requirements.

    (a) No person within the Department of Homeland Security mayrestrict 
a member of the Coast Guard from lawfully communicating witha Member of 
Congress or an Inspector General.
    (b) Members of the Coast Guard shall be free from reprisal formaking 
or preparing to make lawful communications to Members ofCongress or an 
Inspector General.
    (c) Any employee or member of the Coast Guard who has theauthority 
to take, direct others to take, or recommend or approve anypersonnel 
action shall not, under such authority, take, withhold,threaten to take, 
or threaten to withhold a personnel action regardingany member of the 
Coast Guard in reprisal for making or preparing tomake a lawful 
communication to a Member of Congress or an InspectorGeneral.

[56 FR 13405, Apr. 2, 1991, as amended byUSCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.9  Responsibilities.

    (a) The Inspector General, Department of Homeland Security shall:
    (1) Expeditiously investigate any allegation, if such allegationis 
submitted, that a personnel action has been taken (or threatened)in 
reprisal for making or preparing to make a lawful communication toa 
Member of Congress or an Inspector General concerning a complaint 
ordisclosure of information that the member reasonably

[[Page 138]]

believesconstitutes evidence of a violation of law or 
regulation,mismanagement, a gross waste of funds, an abuse of authority, 
or asubstantial and specific danger to public health or safety. 
Noinvestigation is required when such allegation is submitted more 
than60 days after the Coast Guard member became aware of the 
personnelaction that is the subject of the allegation.
    (2) Initiate a separate investigation of the information the 
CoastGuard member believes evidences wrongdoing if such investigation 
hasnot already been initiated. The Inspector General is not required 
tomake such an investigation if the information that the Coast 
Guardmember believes evidences wrongdoing relates to actions that 
tookplace during combat.
    (3) Complete the investigation of the allegation of reprisal 
andissue a report not later than 90 days after receipt of the 
allegation,which shall include a thorough review of the facts and 
circumstancesrelevant to the allegation, the relevant documents acquired 
during theinvestigation, and summaries of interviews conducted. The 
InspectorGeneral may forward a recommendation as to the disposition of 
thecomplaint.
    (4) Submit a copy of the investigation report to the Secretary 
ofHomeland Security and to the Coast Guard member making the 
allegationnot later than 30 days after the completion of the 
investigation. Thecopy of the report issued to the Coast Guard member 
may exclude anyinformation not otherwise available to the Coast Guard 
member underthe Freedom of Information Act (5 U.S.C. 552).
    (5) If a determination is made that the report cannot be 
issuedwithin 90 days of receipt of the allegation, notify the Secretary 
andthe Coast Guard member making the allegation of the reasons why 
thereport will not be submitted within that time, and state when 
thereport will be submitted.
    (6) At the request of the Board, submit a copy of theinvestigative 
report to the Board.
    (7) After the final action with respect to an allegation filedunder 
this part, whenever possible, interview the person who made 
theallegation to determine the views of that person concerning 
thedisposition of the matter.
    (b) The Board shall, in accordance with its regulations (33 CFRpart 
52):
    (1) Consider under 10 U.S.C. 1552 and 33 CFR part 52 anapplication 
for the correction of records made by a Coast Guard memberwho has filed 
a timely complaint with the Inspector General, allegingthat a personnel 
action was taken in reprisal for making or preparingto make a lawful 
communication to a Member of Congress or an InspectorGeneral. This may 
include oral argument, examining and cross-examiningwitnesses, taking 
depositions, and conducting an evidentiary hearingat the Board's 
discretion.
    (2) Review the report of any investigation by the InspectorGeneral 
into the Coast Guard member's allegation of reprisal.
    (3) As deemed necessary, request the Inspector General to 
gatherfurther evidence and issue a further report to the Board.
    (4) Issue a final decision concerning the application for 
thecorrection of military records under this part not later than 180 
daysafter receipt of a complete application.
    (c) If the Board elects to hold an administrative hearing, theCoast 
Guard member may be represented by a Coast Guard law specialistif:
    (1) The Inspector General, in the report of the investigation,finds 
there is probable cause to believe that a personnel action wastaken, 
withheld, or threatened in reprisal for the Coast Guard membermaking or 
preparing to make a lawful communication to a Member ofCongress or an 
Inspector General;
    (2) The Chief Counsel of the Coast Guard determines that the caseis 
unusually complex or otherwise requires the assistance of a 
lawspecialist to ensure proper presentation of the legal issues in 
thecase; and
    (3) The Coast Guard member is not represented by outside 
counselchosen by the member.
    (d) If the Board elects to hold an administrative hearing, theBoard 
must ensure that the Coast Guard member may examine witnessesthrough 
deposition, serve interrogatories, and request the productionof 
evidence, including

[[Page 139]]

evidence in the Inspector Generalinvestigatory record but not included 
in the report released to themember.
    (e) If the Board determines that a personnel action was taken 
inreprisal for a Coast Guard member making or preparing to make a 
lawfulcommunication to a Member of Congress or an Inspector General, 
theBoard may forward its recommendation to the Secretary for 
theinstitution of appropriate administrative or disciplinary 
actionagainst 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'sdecision concerning an application for the correction of 
militaryrecords of a Coast Guard member who alleged reprisal for making 
orpreparing to make a lawful communication to a Member of Congress or 
anInspector General, and of any recommendation to the Secretary 
forappropriate administrative or disciplinary action against 
theindividual or individuals found to have taken reprisal.
    (g) When reprisal is found, the Secretary shall ensure 
thatappropriate corrective action is taken.

[56 FR 13405, Apr. 2, 1991, as amended byUSCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003]



Sec. 53.11  Procedures.

    (a) Any member of the Coast Guard, who reasonably believes 
apersonnel action (including the withholding of an action) was taken 
orthreatened in reprisal for making or preparing to make a 
lawfulcommunication to a Member of Congress or an Inspector General, 
mayfile a complaint with the DOT Inspector General Hotline under 
thispart. Such a complaint may be filed by telephone, or by 
letteraddressed to the Department of Transportation, Office of 
InspectorGeneral, Hotline Center, P.O. Box 23178, Washington, D.C.20026-
0178. Telephone Numbers:1-800-424-9071, FTS 8-366-1461. Thecommercial 
number is (202) 366-1461.
    (b) The complaint should include the name, address, and 
telephonenumber of the complainant; the name and location of the 
activity wherethe alleged violation occurred; the personnel action 
taken, orthreatened, that is alleged to be motivated by reprisal; 
theindividual(s) believed to be responsible for the personnel action; 
thedate when the alleged reprisal occurred; and any information 
thatsuggests or evidences a connection between the communication 
andreprisal. The complaint should also include a description of 
thecommunication to a Member of Congress or an Inspector 
Generalincluding a copy of any written communication and a brief summary 
ofany oral communication showing date of communication, subject 
matter,and the name of the person or official to whom the communication 
wasmade.
    (c) A member of the Coast Guard who is alleging reprisal formaking 
or preparing to make a lawful communication to a Member ofCongress or an 
Inspector General, may submit an application for thecorrection of 
military records to the Board, in accordance withregulations governing 
the Board. See 33 CFR part 52.
    (d) An application submitted under paragraph (c) of this 
sectionshall be considered in accordance with regulations governing 
theBoard. See 33 CFR part 52.



PART 54_ALLOTMENTS FROM ACTIVE DUTY PAY FORCERTAIN 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 Guardofficial.

    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 
theCoast Guard that a member on active duty is delinquent in meeting 
anobligation 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 
andallowances of the member in this situation.

[[Page 140]]



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 supportobligations 
may be given by:
    (a) Any agent or attorney of any State having in effect a 
planapproved under Part D of Title IV of the Social Security Act 
(42U.S.C. 651-664), who has the duty or authority to seek recoveryof any 
amounts owed as child or child and spousal support, includingany 
official of a political subdivision when authorized under a Stateplan.
    (b) The court that has authority to issue an order against themember 
for the support and maintenance of a child, or any agent ofthat court.



Sec. 54.05  Form and contents of notice.

    (a) The notice required to institute an allotment under this 
partmust be given in the form of a court order, letters, or other 
documentissued by a person specified in Sec. 54.03.
    (b) The notice must:
    (1) Provide the full name, social security number, and dutystation 
of the member who owes the support obligation;
    (2) Specify the amount of support due, and the period in which ithas 
remained owing;
    (3) Be accompanied by a certified copy of an order directing 
thepayment of this support issued:
    (i) By a court of competent jurisdiction, or;
    (ii) In accordance with an administrative procedure which 
isestablished by State law, affords substantial due process, and 
issubject to judicial review;
    (4) Provide the full name, social security number, and 
mailingaddress of the person to whom the allotment is to be paid;
    (5) Identify the period in which the allotment is to remain 
ineffect; and
    (6) Identify the name and birth date of all children for whomsupport 
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 ofstate 
law governing its issuance.
    (2) For each court order and for each administrative order, if 
notstated in the support order:
    (i) An explanation as to how personal jurisdiction was obtainedover 
the member; and
    (ii) A statement on the age of majority in the state law, 
withappropriate legal citations.



Sec. 54.07  Service of notice upon designated Coast Guard official.

    The notice and all accompanying documentation must be sent 
toCommanding Officer, Coast Guard Human Resources Service andInformation 
Center, Federal Building, 444 S.E. Quincy Street, Topeka,KS 66683-3591, 
telephone 785-339-3595, facsimile785-339-3788.

[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended byCGD 88-052, 53 FR 
25119, July 1, 1988; CGD 97-023, 62 FR33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June25, 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 CoastGuard 
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 areeligible 
for

[[Page 141]]

the child developmental services described in thissubpart. As space is 
available, members of the other Armed Forces andother Federal civilian 
employees are also eligible.



Sec. 55.7  Definitions.

    As used in this subpart--
    Child development center means a facility located on a CoastGuard 
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 servicesprovided at a 
child development center or by a family child careprovider at his or her 
Coast Guard-owned or -leased home.
    Coast Guard family child care provider means a Coast Guardfamily 
member, 18 years of age or older, who provides child care for10 hours or 
more per week per child to one but no more than sixchildren, including 
the provider's own children under the age ofeight, on a regular basis in 
his or her Coast Guard-owned or -leasedhousing.
    Coast Guard family child care services means child careprovided on a 
regularly scheduled basis for 10 hours or more a week byan individual 
certified by the Coast Guard and who resides in CoastGuard-controlled 
housing.
    Command means the Commanding Officer of one or more units 
ofpersonnel in a limited geographic area with responsibility for a 
childdevelopment center.
    Family child care means child care provided in the home of 
aprovider, either a Coast Guard family child care provider or a 
familyhome day care provider.
    Family home day care provider means an individual 18 yearsof age or 
older who is licensed by the state agency that regulateschild care. This 
person provides child care to one but to no more thansix children, 
including the provider's own children under the age ofeight, on a 
regular basis in his or her residence.
    Geographic cost of living allowance means the adjustment inbasic pay 
related to higher living costs in certain geographic areas.
    Total family income means the earned income for adultmembers of the 
household including wages, salaries, tips, long-termdisability benefits 
received by a family, incentive and special payfor service or anything 
else of value, even if not taxable, that wasreceived for providing 
services. Also included is Basic Allowance forHousing and Basic 
Allowance for Subsistence authorized for the paygrade of military 
personnel, whether the allowance is received in cashor in-kind. Total 
Family Income does not include: the geographic costof living allowance; 
alimony and child support; temporary dutyallowances or reimbursements 
for educational expenses; veteransbenefits; workers compensation 
benefits; and, unemploymentcompensation. These are to be excluded from 
total family income.
    Uneconomical and inefficient means that the fees collectedfrom 
parents can not be used in a manner that provides a qualityprogram at an 
affordable cost to parents using the child careservices.



Sec. 55.9  Child development centers.

    (a) The Commandant may make child development services availableat 
child development centers located at Coast Guard installations.
    (b) Regular and unannounced inspections of each child 
developmentcenter shall be conducted annually by headquarters program 
personnel,the commanding officer of the sponsoring command, fire 
personnel, andhealth and safety personnel.
    (c) Training programs shall be conducted monthly to ensure thatall 
child development center employees complete a minimum of 20 hoursof 
training annually with respect to early childhood development,activities 
and disciplinary techniques appropriate to children ofdifferent ages, 
child abuse prevention and detection, and appropriateemergency medical 
procedures.



Sec. 55.11  How are child development center fees established?

    (a) Fees for the provision of services at child developmentcenters 
shall be

[[Page 142]]

set by each Command with responsibility for acenter-based program, 
according to the following total family incomechart:

                           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 
childdevelopment centers shall be used only for compensation for 
employeesat those centers who are directly involved in providing child 
care,unless it is uneconomical and inefficient. If uneconomical 
andinefficient, then the fees may be used for:
    (1) The purchase of consumable or disposable items for Coast 
Guardchild development centers; and
    (2) If the requirements of such centers for consumable ordisposable 
items for a given fiscal year have been met, for otherexpenses of those 
centers.



Sec. 55.13  Family child care providers.

    When appropriated funds are available, funds may be offered 
toprovide assistance to Coast Guard Family Child Care Providers or 
tofamily home day care providers so that family child care services 
canbe provided to military members and civilian employees of the 
CoastGuard, at a cost comparable to the cost of services at Coast 
Guardchild development centers.

[[Page 143]]

                                  INDEX

                       SUBCHAPTER B_MILITARY PERSONNEL

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 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 SupportObligations...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
Access to decision, public.........................................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.................................................52.56
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 144]]

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 CorrectionApplications......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 for whistleblower protection............................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 145]]

                                 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 146]]



                     SUBCHAPTER C_AIDS TO NAVIGATION



    Cross Reference: Corps of Engineers, Department of theArmy, see 
Chapter II of this title.

                           PART 60 [RESERVED]



PART 62_UNITED STATES AIDS TO NAVIGATIONSYSTEM--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 toNavigation 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 Security 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 NavigationSystem. 
The system consists of Federal aids to navigation operated bythe Coast 
Guard, aids to navigation operated by the other armedservices, 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 
proceduresemployed by the Coast Guard in establishing, maintaining, 
operating,changing or discontinuing Federal aids to navigation. 
Regulationsconcerning the marking of wrecks, structures, and other 
obstructionsare found in 33 CFR part 64. Regulations concerning private 
aids arefound in 33 CFR part 66. Regulations concerning the marking 
ofartificial islands and structures which are erected on or over 
theseabed and subsoil of the Outer Continental Shelf of the United 
Statesor its possessions are found in 33 CFR part 67. Regulations 
concerningthe marking of bridges are found in 33 CFR part 118. 
Regulationsconcerning aids to navigation at deepwater ports are found 
insubchapter NN of this chapter.
    (2) The regulations found in 33 CFR subpart 66.10 expire onDecember 
31, 2003, at which time the provisions of this part willapply.
    (c) The Coast Guard maintains systems of marine aids to 
navigationconsisting of visual, audible, and electronic signals which 
aredesigned to assist the prudent mariner in the process of 
navigation.The aids to navigation system is not intended to identify 
every shoalor obstruction to navigation which exists in the navigable 
waters ofthe United States, but rather provides for reasonable marking 
ofmarine features as resources permit. The primary objective of the 
aidsto navigation system is to mark navigable channels and 
waterways,obstructions adjacent to these waterways, and obstructions in 
areas ofgeneral navigation which may not be anticipated. Other waters, 
even ifnavigable, are generally not marked.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63FR 33573, June 19, 1998]

[[Page 147]]



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 anydevice 
external to a vessel or aircraft intended to assist a navigatorto 
determine position or safe course, or to warn of dangers orobstructions 
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 andair), 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 ofthe Coast 
Guard.
    (d) District Commander. The term District Commander meansthe 
commander of a Coast Guard District. Coast Guard Districts arelisted in 
Part 3 of this chapter.
    (e) Corps of Engineers. The term Corps of Engineers meansthe 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 ofColumbia, and 
any corporation, company, association, club, or otherinstrumentality.
    (g) Navigable waters of the United States. The termnavigable waters 
of the United States is defined inSec. 2.36(a) of this chapter.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byUSCG-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 markmarine 
parades and regattas which are regulated by the Coast Guard forthe 
purpose of protecting life and property, or to assist in theobservance 
and enforcement of special regulations. For marine paradeand 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-navigableState 
waters after December 31, 2003, are marked to assist navigationusing the 
U.S. Aids to Navigation System, a system consistent with 
theInternational Association of Lighthouse Authorities (IALA) 
MaritimeBuoyage System. The IALA Maritime Buoyage System is followed by 
mostof the world's maritime nations and will improve maritime safety 
byencouraging conformity in buoyage systems worldwide. IALA buoyage 
isdivided into two regions made up of Region A and Region B. 
Allnavigable waters of the United States follow IALA Region B, 
exceptU.S. possessions west of the International Date Line and south of 
10degrees north latitude, which follow IALA Region A. Lateral aids 
tonavigation in Region A vary from those described throughout 
thisSubpart. Non-lateral aids to navigation are the same as those used 
inRegion B. See Sec. 62.25. Appropriate nautical charts andpublications 
should be consulted to determine whether the Region A orRegion B marking 
schemes are in effect for a given area.
    (b) The U.S. Aids to Navigation System is designed for use 
withnautical charts. Nautical charts portray the physical features of 
themarine environment, including soundings and other submarine 
features,landmarks, and other aids necessary for the proper navigation 
of avessel. This crucial information cannot be obtained from 
othersources, even ones such as topographic maps, aeronautical charts, 
oratlases. The exact meaning of an aid to navigation may not be clear 
tothe mariner unless the appropriate chart is consulted, as the 
chartillustrates the relationship of the individual aid to navigation 
tochannel limits, obstructions, hazards to navigation, and to the 
totalaids to navigation system.
    (c) The navigator should maintain and consult suitablepublications 
and instruments for navigation depending on the vessel'srequirements. 
This shipboard equipment is separate from the aids tonavigation system, 
but is often

[[Page 148]]

essential to its use. Thefollowing publications are available from the 
U.S. Government toassist the navigator:
    (1) The Light List, published by the Coast Guard and 
availablethrough the Government Printing Office or authorized sales 
agents,lists federal and private aids to navigation. It includes all 
majorFederal aids to navigation and those private aids to navigation, 
whichhave been deemed to be important to general navigation, and 
includes aphysical description of these aids and their locations.
    (2) The United States Coast Pilot, published by the National 
OceanService and available through that agency or authorized nautical 
chartsales agents, supplements the information shown on nautical 
charts.Subjects such as local navigation regulations, channel and 
anchoragepeculiarities, dangers, climatalogical data, routes, and 
portfacilities are covered.
    (3) Local Notices to Mariners are published by local Coast 
GuardDistrict Commanders. Persons may be placed on the mailing list 
toreceive local Notices by contacting the Aids to Navigation andWaterway 
Management Branch of the appropriate Coast Guard District.These notices 
pass information affecting navigation safety. Changes toaids to 
navigation, reported dangers, scheduled construction or 
otherdisruptions, chart corrections and similar useful marine 
informationis made available through this publication.
    (4) The Notice to Mariners is a national publication, similar tothe 
Local Notice to Mariners, published by the National Imagery andMapping 
Agency. The notice may be obtained free of charge fromcommercial 
maritime sources and, upon request, to Defense LogisticsAgency, Defense 
Supply Center Richmond, ATTN: JNB, 8000 JeffersonDavis Highway, 
Richmond, VA 23297-5100 or FAX804-279-6510, ATTN: Accounts Manager, RMF. 
A letter ofjustification should be included in the request. This 
publicationprovides ocean going vessels significant information on 
national andinternational navigation and safety.
    (5) The mariner should also listen to Coast Guard BroadcastNotices 
to Mariners. These broadcasts update the Local Notice toMariners with 
more timely information. Mariners should monitor VHF-FMchannel 16 to 
locate Coast Guard Marine Information Broadcasts.
    (d) The U.S. Aids to Navigation System is primarily a lateralsystem 
which employs a simple arrangement of colors, shapes, numbers,and light 
characteristics to mark the limits of navigable routes. Thislateral 
system is supplemented by nonlateral aids to navigation 
whereappropriate.
    (e) Generally, lateral aids to navigation indicate on which sideof a 
vessel an aid to navigation should be passed when the vessel 
isproceeding in the Conventional Direction of Buoyage. Normally, 
theConventional Direction of Buoyage is the direction in which a 
vesselenters navigable channels from seaward and proceeds towards the 
headof navigation. In the absence of a route leading from seaward, 
theConventional Direction of Buoyage generally follows a 
clockwisedirection around land masses. For example, proceeding southerly 
alongthe Atlantic Coast, from Florida to Texas along the Gulf Coast, 
andnortherly along the Pacific Coast are considered as proceeding in 
theConventional Direction of Buoyage. In some instances, this 
directionmust be arbitrarily assigned. Where doubt exists, the mariner 
shouldconsult charts and other nautical publications.
    (f) Although aids to navigation are maintained to a reasonabledegree 
of reliability, the rigors of the marine environment andvarious 
equipment failures do cause discrepancies on occasion.
    (g) The Coast Guard makes reasonable efforts to inform thenavigator 
of known discrepancies, and to correct them within areasonable period of 
time, depending upon resources available.Occasionally, a temporary aid 
to navigation, which provides differentbut similar service, is deployed 
until permanent repairs can be madeto the original aid. Notification of 
such temporary changes is madethrough the notice to mariners system.
    (h) Mariners should exercise caution when using private aids 
tonavigation because private aids are often established to serve 
theneeds of specific users rather than general navigation

[[Page 149]]

and theirpurpose may not be obvious to casual users; and, discrepancies 
toprivate aids are often detected, reported, and corrected less 
promptlythan discrepancies to Coast Guard aids to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63FR 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 
toassist a navigator to determine his position or safe course. They 
maymark limits of navigable channels, or warn of dangers or 
obstructionsto navigation. The primary components of the U.S. Aids to 
NavigationSystem are beacons and buoys.
    (b) Beacons are aids to navigation structures which arepermanently 
fixed to the earth's surface. They range from largelighthouses to small, 
single-pile structures and may be located onland or in the water. 
Lighted beacons are called lights; unlightedbeacons are called 
daybeacons.
    (1) Beacons exhibit a daymark. For small structures these arecolored 
geometric shapes which make an aid to navigation readilyvisible 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 thestructure itself. As a 
result, these daymarks do not infer lateralsignificance.
    (2) Vessels should not pass beacons close aboard due to the dangerof 
collision with rip-rap or structure foundations, or the obstructionor 
danger that the aid marks.
    (c) Buoys are floating aids to navigation used extensivelythroughout 
U.S. waters. They are moored to the seabed by sinkers withchain 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 anarrower 
superstructure. They may be surmounted by colored shapescalled topmarks.
    (iv) Spherical buoys have a round shape.
    (2) Mariners attempting to pass a buoy close aboard risk 
collisionwith a yawing buoy, the buoy's mooring, or with the obstruction 
whichthe buoy marks.
    (3) Mariners should not rely on buoys alone for determining 
theirpositions due to factors limiting their reliability. Prudent 
marinerswill use bearings or angles from beacons or other 
landmarks,soundings, and various methods of electronic navigation. Buoys 
vary inreliability because:
    (i) Buoy positions represented on nautical charts are 
approximatepositions only, due to practical limitations in positioning 
andmaintaining 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 withinthis circle. 
Actual watch circles do not coincide with the dots orcircles 
representing them on charts.
    (iii) Buoy positions are normally verified during 
periodicmaintenance visits. Between visits, environmental 
conditions,including atmospheric and sea conditions, and seabed slope 
andcomposition, may shift buoys off their charted positions. Also 
buoysmay be dragged off station, sunk, or capsized by a collision with 
avessel.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.25  Lateral marks.

    (a) Lateral marks define the port and starboard sides of a routeto 
be followed. They may be either beacons or buoys.
    (b) Sidemarks are lateral marks which advise the mariner to stayto 
one side of the mark. Their most frequent use is to mark the sidesof 
channels; however, they may be used individually to markobstructions 
outside of clearly defined channels. Sidemarks are notalways placed 
directly on a channel edge and may be positioned outsidethe channel as 
indicated on charts and nautical publications.

[[Page 150]]

    (1) Port hand marks indicate the left side of channels 
whenproceeding in the Conventional Direction of Buoyage. Beacons 
havegreen square daymarks, while buoys are green can or pillar buoys.
    (2) Starboard hand marks indicate the right side of channels 
whenproceeding in the Conventional Direction of Buoyage. Beacons have 
redtriangular daymarks, while buoys are red nun or pillar buoys.
    (c) Preferred channel marks indicate channel junctions 
orbifurcations and may also mark wrecks or obstructions which 
themariner, after consulting a chart to ascertain the location of 
theobstruction relative to the aid, may pass on either side. 
Preferredchannel marks have red and green horizontal bands with the 
color ofthe topmost band indicating the preferred channel. If the 
topmost bandis green, the mark serves as a port hand mark for vessels 
followingthe preferred channel proceeding in the Conventional Direction 
ofBuoyage, and as a starboard hand mark for the other channel. 
Beaconswould have square daymarks, while buoys would be can or pillar 
buoys.If the topmost band is red, the mark serves as a starboard hand 
markfor vessels following the preferred channel proceeding in 
theConventional Direction of Buoyage, and a port hand mark for the 
otherchannel. Beacons would have triangular daymarks, while buoys would 
benun or pillar buoys.
    (d) The above color schemes apply to IALA Region B. Marks locatedin 
the IALA Region A exhibit reversed color significance: port handmarks 
will be red when following the Conventional Direction ofBuoyage, and 
starboard hand marks will be green. The meaning ofdaymark and buoy 
shapes is identical in both regions.
    (e) Certain marks on the Intracoastal Waterway may exhibitreversed 
lateral significance. See Sec. 62.49.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.27  Safe water marks.

    Safe water marks indicate that there is navigable water all 
aroundthe mark. They are often used to indicate fairways or midchannels, 
orthe seaward end of channels. Safe water marks are colored with red 
andwhite vertical stripes. Beacons have an octagonal daymark; red 
andwhite buoys are spherical or display a red spherical topmark.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.29  Isolated danger marks.

    Isolated danger marks indicate an isolated danger which may bepassed 
on all sides. As these marks are erected or moored on or neardangers, 
they should not be approached closely without specialcaution. These 
marks are colored black with one or more broadhorizontal red bands and 
are equipped with a topmark of two blackspheres, one above the other.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.31  Special marks.

    Special marks are not primarily intended to assist safenavigation, 
but to indicate special areas or features referred to incharts or other 
nautical publications. They may be used, for example,to mark anchorages, 
cable or pipeline areas, traffic separationschemes, 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 watersin 
accordance with Sec. 66.05-5 of this chapter andon non-navigable 
internal waters of a State which have no defined headof navigation, a 
buoy showing alternate vertical black and whitestripes may be used to 
indicate to a vessel operator that anobstruction to navigation extends 
from the nearest shore to the buoy.
    (b) The black and white buoy's meaning is ``do not passbetween the 
buoy and the shore''. The number of white and blackstripes is 
discretionary, provided that the white stripes are twicethe width of the 
black stripes. Prior to December 31, 2003, this aidshall not be used on 
a waterway which has a red and white stripedobstruction marker

[[Page 151]]

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 marinerto 
various warnings or regulatory matters. These marks have orangegeometric 
shapes against a white background. The meanings associatedwith the 
orange shapes are as follows:
    (1) A vertical open-faced diamond signifies danger.
    (2) A vertical diamond shape having a cross centered withinindicates 
that vessels are excluded from the marked area.
    (3) A circular shape indicates that certain operating 
restrictionsare in effect within the marked area.
    (4) A square or rectangular shape will contain directions 
orinstructions lettered within the shape.
    (b) When a buoy is used as an information or regulatory mark itshall 
be white with two horizontal orange bands placed completelyaround the 
buoy circumference. One band shall be near the top of thebuoy body, with 
a second band placed just above the waterline of thebuoy so that both 
bands are clearly visible.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 97-018, 63 FR 
33573, June 19, 1998]



Sec. 62.35  Mooring buoys.

    Mooring Buoys are white with a blue horizontal band. Thisdistinctive 
color scheme is recommended to facilitate identificationand to avoid 
confusion with aids to navigation.



Sec. 62.37  Lighthouses.

    Lighthouses are prominent beacons of varying size, color, 
andappearance employed to mark headlands, landfalls, harbor 
entrances,channel edges, hazards, and other features. While normally 
identifiedby their distinctive appearance, some lighthouses display 
diamondshaped, checkered daymarks to facilitate recognition.



Sec. 62.41  Ranges.

    Ranges are aids to navigation systems employing dual beaconswhich, 
when the structures appear to be in line, assist the mariner 
inmaintaining a safe course. The appropriate nautical chart must 
beconsulted when using ranges to determine whether the range marks 
thecenterline of the navigable channel and also to ascertain what 
sectionof the range may be safety traversed. Ranges are generally, but 
notalways, lighted, and display rectangular daymarks of various colors.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.43  Numbers and letters.

    (a) All solid red and solid green aids are numbered, with red 
aidsbearing even numbers and green aids bearing odd numbers. The 
numbersfor each increase in the Conventional Direction of Buoyage. 
Numbersare kept in approximately sequence on both sides of the channel 
byomitting numbers where necessary.
    (b) Only sidemarks are numbered. However, aids other than 
thosementioned above may be lettered to assist in their identification, 
orto indicate their purpose. Sidemarks may carry letters in addition 
tonumbers to identify the first aid to navigation in a waterway, or 
whennew aids to navigation are added to channels with previously 
completednumerical sequences. Letters on sidemarks will follow 
alphabeticalorder from seaward and proceeding toward the Conventional 
Direction ofBuoyage and will be added to numbers as suffixes.
    (c) Aids to navigation may be fitted with light-reflectingmaterial 
to increase their visibility in darkness. The colors of thismaterial may 
convey the same significance as the aid except thatletters and numbers 
may be white.
    (d) Exceptions to the provisions of this section will be found onthe 
Western Rivers System. See Sec. 62.51.
    (e) The guidelines for the display of numbers and letters on aidsto 
navigation are identical for both Region A and Region B; red aidsto 
navigation

[[Page 152]]

display even numbers, and green aids display oddnumbers.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.45  Light characteristics.

    (a) Lights on aids to navigation are differentiated by color 
andrhythm. Lighthouses and range lights may display distinctive 
lightcharacteristics to facilitate recognition. No special 
significanceshould be attached to the color or rhythm of such lights. 
Otherlighted aids to navigation employ light characteristics to 
conveyadditional information.
    (b) When proceeding in the Conventional Direction of Buoyage, aidsto 
navigation, if lighted, display light characteristics as follows:
    (1) Green lights mark port (left) sides of channels and locationsof 
wrecks or obstructions which are to be passed by keeping theselights on 
the port (left) hand of a vessel. Green lights are also usedon Preferred 
Channel Marks where the topmost band is green.
    (2) Red lights mark starboard (right) sides of channels andlocations 
of wrecks or obstructions which are to be passed by keepingthese lights 
on the starboard (right) hand of a vessel. Red lights arealso used on 
Preferred Channel Marks where the topmost band is red.
    (3) Certain lights marking the Intracoastal Waterway may 
displayreversed lateral significance. See Sec. 62.49.
    (c) Yellow lights have no lateral significance. Except on theWestern 
Rivers, see Sec. 62.51, white lights have no lateralsignificance. The 
purpose of aids exhibiting white or yellow lightsmay be determined by 
their shape, color, letters or numbers, and thelight rhythm employed.
    (d) Light rhythms, except as noted in Sec. 62.51 for theWestern 
Rivers, are employed as follows:
    (1) Aids with lateral significance display regularly flashing 
orregularly occulting light rhythms. Ordinarily, flashing 
lights(frequency not exceeding 30 flashes per minute) will be used.
    (2) Preferred Channel Marks display a composite group flashinglight 
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 slowflashing 
rhythm preferred.
    (6) Mooring Buoys and Information and Regulatory Marks displaywhite 
lights of various rhythms.
    (7) For situations where lights require a distinct 
cautionarysignificance, 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 warnmariners 
of other dangers. Lights so equipped show one color from mostdirections 
and a different color or colors over definite arcs of thehorizon as 
indicated on the appropriate nautical chart. These sectorsprovide 
approximate bearing information since the observer should notea change 
of color as the boundary between the sectors is crossed. Assector 
bearings are not precise, they should be considered a warningonly and 
not used to determine exact bearing to the light.
    (f) Aids to navigation may be fitted with light-reflectingmaterial 
to increase their visibility in darkness. Green or redreflective 
material is used only on marks which, if lighted, wouldexhibit a light 
of that color. Yellow reflective material is used onspecial marks and on 
Intracoastal Waterway marks. No significance isattached to white 
reflective material.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byCGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63FR 33573, June 19, 1998]



Sec. 62.47  Sound signals.

    (a) Often sound signals are located on or adjacent to aids 
tonavigation. When visual signals are obscured, sound signals 
warnmariners of the proximity of danger.
    (1) Sound signals are distinguished by their tone and 
phasecharacteristics.
    (i) Tones are determined by the devices producing the sound 
(i.e.,diaphones, diaphragm horns, reed horns, sirens, whistles, bells 
andgongs).

[[Page 153]]

    (ii) Phase characteristics are defined by the signal's soundpattern, 
i.e., the number of blasts and silent periods per minute andtheir 
durations. Sound signals emanating from fixed structuresgenerally 
produce a specific number of blasts and silent periods eachminute when 
operating. Buoy sound signals are generally actuated bythe motion of the 
sea and therefore do not emit a regular signalcharacteristic.
    (2) Where no live watch is maintained, sound signals are 
normallyoperated continuously. However, some are equipped with fog 
detectorswhich activate sound signals when visibility falls below 
apredetermined limit.
    (b) Mariners should not rely solely on sound signals to 
determinetheir 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 
totheir location.
    (3) Signals may not sound in cases where fog exists close to, butnot 
at, the location of the sound signal.
    (4) As buoy signals are generally activated by sea motion, theymay 
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 afixed position.



Sec. 62.49  Intracoastal Waterway identification.

    (a) In addition to the conventional signals, aids to 
navigationmarking the Intracoastal Waterway exhibit unique yellow 
symbols todistinguish them from aids marking other waters.
    (1) Yellow triangles indicate that aids to navigation so 
markedshould be passed keeping them on the starboard (right) hand of 
avessel, regardless of the aid's number, color, or light color.
    (2) Yellow squares indicate that aids to navigation so markedshould 
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, 
butsimply identifies aids to navigation as marking the 
IntracoastalWaterway.
    (b) The above guidelines apply for vessels traversing 
theIntracoastal Waterway in a southerly direction on the Atlantic 
Coast,in a westerly direction on the Okeechobee Waterway, or in a 
westerlydirection along the Gulf Coast.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.51  Western Rivers Marking System.

    (a) A variation of the standard U.S. aids to navigation 
systemdescribed above is employed on the Mississippi River and 
tributariesabove Baton Rouge, LA and on certain other rivers which flow 
towardthe Gulf of Mexico.
    (b) The Western Rivers System varies from the standard U.S. systemas 
follows:
    (1) Buoys are not numbered.
    (2) Numbers on beacons do not have odd/even lateral significancebut, 
rather, indicate mileage from a fixed point (normally the rivermouth).
    (3) Diamond-shaped non-lateral dayboards, checkered red-and-whiteor 
green-and-white, similar to those used in the U.S. Aids toNavigation 
System, as appropriate, are used as crossing dayboardswhere the river 
channel crosses from one bank to the other.
    (4) Lights on green buoys and on beacons with green daymarks showa 
single flash which may be green or white.
    (5) Lights on red buoys and on beacons with red daymarks show 
adouble 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 byCGD-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 
acoded reply to the interrogating radar. This reply serves to 
identifythe aid station by exhibiting a series of dots and dashes which 
appearon the radar display in a line emanating radially from just beyond 
theecho of the aid station. Although racons may be used on both 
laterallysignificant and non-laterally significant aids alike, the racon 
signal

[[Page 154]]

itself is for identification purposes only, and therefore carriesno 
lateral significance.
    (b) Racons are also used as bridge marks to mark the best point 
ofpassage.



Sec. 62.54  Ownership identification.

    Ownership identification on private or state aids to navigation 
ispermitted so long as it does not change or hinder an understanding 
ofthe 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 toNavigation System



Sec. 62.63  Recommendations.

    (a) The public may recommend changes to existing aids tonavigation, 
request new aids or the discontinuation of existing aids,and report aids 
no longer necessary for maritime safety. Theserecommendations should be 
sent to the appropriate District Commander.
    (b) Recommendations, requests and reports should be documentedwith 
as much information as possible to justify the proposed action.Desirable 
information includes:
    (1) Nature of the vessels which transit the area(s) in thequestion, 
including type, displacement, draft, and number ofpassengers and crew.
    (2) Where practicable, the kinds of navigating devices used 
aboardsuch vessels (e.g, magnetic or gyro compasses, radio 
directionfinders, radar, loran, and searchlights).
    (3) A chartlet or sketch describing the actual or proposedlocation 
of the aid(s), and a description of the action requested orrecommended.



Sec. 62.65  Procedure for reporting defects and discrepancies.

    (a) Mariners should notify the nearest Coast Guard 
facilityimmediately of any observed aids to navigation defects 
ordiscrepancies.
    (b) The Coast Guard cannot monitor the many thousands of aids inthe 
U.S. Aids to Navigation System simultaneously and continuously. Asa 
result, it is not possible to maintain every aid operating properlyand 
on its charted position at all times. Marine safety will beenhanced if 
persons finding aids missing, sunk, capsized, damaged, offstation, or 
showing characteristics other than those advertised in theLight List, or 
other publication, promptly inform the Coast Guard.When making the 
report to the Coast Guard the mariner should consultthe Light List to 
ensure the correct geographical information is useddue to the similarity 
of names and geographical areas.
    (c) Procedures for reporting defects and discrepancies:
    (1) Radio messages should be prefixed ``CoastGuard'' and transmitted 
directly to a Government shore radiostation 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 
toadvise the nearest Coast Guard unit of defects or discrepancies inaids 
to navigation.
    (3) Via our Web portal at http://www.navcen.uscg.gov.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended byUSCG-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;USCG-2008-0179, 73 FR 35002, June 
19, 2008]



PART 64_MARKING OF STRUCTURES, SUNKEN VESSELS ANDOTHER 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 navigablewaters.

                          Subpart C_Structures

64.21 Marking and notification requirements.
64.23 Duration of marking on structures.

[[Page 155]]

                   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 Security Delegation No.0170.1.

    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 FR43402, 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 
maritimenavigation.



Sec. 64.03  Scope.

    (a) Except as provided in paragraph (b) of this section theserules 
apply to:
    (1) Structures located in or over waters subject to thejurisdiction 
of the United States and, on the high seas, structuresowned or operated 
by persons subject to the jurisdiction of the UnitedStates;
    (2) Sunken vessels in the navigable waters or waters above 
thecontinental shelf of the United States; and
    (3) Other obstructions existing on or in the navigable waters 
orwaters above the continental shelf of the United States.
    (b) The following obstructions are exempt from the requirements 
ofthis 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 forpreventing 
Collisions at Sea, 1972 (1972 COLREGS) or the InlandNavigation Rules;
    (4) Deepwater port facilities subject to subchapter NN of 
thischapter; and
    (5) Artificial islands and structures subject to Part 67 of 
thissubchapter.



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 requireexpeditious, 
affirmative action such as marking, removal, orredefinition of a 
designated waterway to provide for navigationalsafety.
    High seas means those waters described inSec. 2.32(c) of this 
chapter.
    Markings means the lights and other signals placed on ornear 
structures, sunken vessels, and other obstructions for theprotection of 
navigation.
    Navigable waters of the United States means those watersdescribed in 
Sec. 2.36(a) of this chapter, specificallyincluding the waters 
described in Sec. 2.22(a)(2) of thischapter.
    Obstruction means anything that restricts, endangers, orinterferes 
with navigation.
    Structures means any fixed or floating obstruction,intentionally 
placed in the water, which may interfere with orrestrict marine 
navigation.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignatedand amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992;USCG-2001-9044, 68 FR 42601, July 
18, 2003;USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]



             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 FR43402, Sept. 21, 1992.



Sec. 64.11  Marking and notification requirements.

    (a) The owner of a vessel, raft, or other craft wrecked and sunkin a 
navigable channel shall mark it immediately with a buoy ordaymark during 
the day and with a light at night. The owner of asunken vessel, raft, or 
other obstruction that otherwise constitutes ahazard to navigation shall 
mark it in accordance with this subchapter.
    (b) Owners of vessels sunk in waters subject to the jurisdictionof 
the United States or sunk on the high seas, if the owner is subjectto 
the jurisdiction of the United States, shall promptly report to 
theDistrict Commander, in whose jurisdiction the obstruction is 
located,the action they are taking to mark the sunken vessel, giving 
thefollowing information (in addition to the information required by

[[Page 156]]

46 CFR 4.05, Notice of Marine Casualty and Voyage Records):
    (1) Name and description of the sunken vessel;
    (2) Accurate description of the location of the vessel;
    (3) Depth of water over the vessel; and
    (4) Location and type of marking established, including color 
andshape of buoy or other daymark and characteristic of the light.
    (c) Owners of other obstructions may report the existence of 
suchobstructions and mark them in the same manner as prescribed for 
sunkenvessels.
    (d) Owners of marine pipelines that are determined to be hazardsto 
navigation shall report and mark the hazardous portion of thosepipelines 
in accordance with 49 CFR parts 192 or 195, as applicable.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignatedand 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 obstructionsestablished 
in accordance with Sec. 64.11 must be reportedto and approved by the 
appropriate District Commander.
    (b) Should the District Commander determine that these markingsare 
inconsistent with Part 62 of this subchapter, they must bereplaced as 
soon as practicable with approved markings.

[ CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignatedby CGD 91-031, 57 
FR 43402, Sept. 21, 1992, and amended byUSCG-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 
andexercised.

    Note: Notices of abandonment of sunken vessels or otherobstructions 
will not be accepted by the Coast Guard. Any notice ofintention to 
abandon should be addressed to the District Engineer,Corps of Engineers, 
U.S. Army, within whose district the sunken vesselor 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 FR43402, Sept. 21, 1992.



Sec. 64.21  Marking and notification requirements.

    Before establishing a structure, the owner or operator shall 
applyfor Coast Guard authorization to mark the structure in accordance 
withSec. 66.01-5 of this chapter. The appropriateDistrict Commander 
will determine the marking requirements.



Sec. 64.23  Duration of marking on structures.

    Markings determined to be required shall be established 
andmaintained 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 FR43402, Sept. 21, 1992.



Sec. 64.31  Determination of hazard to navigation.

    In determining whether an obstruction is a hazard to navigationfor 
the purposes of marking, the District Commander considers, but isnot 
limited to, the following factors:
    (a) Location of the obstruction in relation to the navigablechannel 
and other navigational traffic patterns;
    (b) Navigational difficulty in the vicinity of the obstruction;
    (c) Depth of water over the obstruction, fluctuation of the 
waterlevel, and other hydrologic characteristics in the area;
    (d) Draft, type, and density of vessel traffic or other 
marineactivity 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 obstructionsor 
aids to navigation;

[[Page 157]]

    (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 
navigationunder 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 
maritimenavigation any structure, sunken vessel or other obstruction 
that isnot suitably marked by the owner. Markings established by the 
CoastGuard do not relieve the owner's duty or responsibility to mark 
thesunken vessel or other obstruction, or to remove it as required 
bylaw.
    (b) Costs for markings established by the Coast Guard will 
bedetermined in accordance with part 74 of this Chapter.
    (c) Costs for marking of a sunken vessel or other obstructionshall 
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 andhas 
been exercised; or
    (3) The District Commander directs otherwise.

    Note: When the needs of navigation permit, the owner may begiven 
reasonable opportunity to establish and maintain the necessarymarkings.



PART 66_PRIVATE AIDS TO NAVIGATION--Table of Contents




       Subpart 66.01_Aids to Navigation Other Than Federal orState

Sec.
66.01-1 Basic provisions.
66.01-3 Delegation of authority to DistrictCommanders.
66.01-5 Application procedure.
66.01-10 Characteristics.
66.01-11 Lights.
66.01-12 May I continue to use the private aid tonavigation I am 
          currently using?
66.01-13 When must my newly manufactured equipmentcomply 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 tonavigation.
66.05-30 Notice to Mariners.
66.05-35 Private aids to navigation other than Stateowned.
66.05-40 Corps of Engineers' approval.
66.05-100 Designation of navigable waters as Statewaters for private 
          aids to navigation.

           Subpart 66.10_Uniform State Waterway Marking System

66.10-1 General.
66.10-5--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 SecurityDelegation No. 0170.1.



       Subpart 66.01_Aids to Navigation Other Than Federal orState

    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 thecontrol 
of the Commandant, exclusive of the Armed Forces, shallestablish and 
maintain, discontinue, change or transfer ownership ofany aid to 
maritime navigation, without first obtaining permission todo so from the 
Commandant.
    (b) For the purposes of this subpart, the term private aids 
tonavigation includes all marine aids to navigation operated in 
thenavigable waters of the United States other than those operated by 
theFederal Government (part 62 of this subchapter) or those operated

[[Page 158]]

in State waters for private aids to navigation (subpart 66.05).
    (c) Coast Guard authorization of a private aid to navigation doesnot 
authorize any invasion of private rights, nor grant any 
exclusiveprivileges, nor does it obviate the necessity of complying with 
anyother Federal, State or local laws or regulations.
    (d) With the exception of radar beacons (racons) and shore 
basedradar stations, operation of electronic aids to navigation as 
privateaids will not be authorized.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended byCGD 85-057, 51 FR 
11448, Apr. 3, 1986]



Sec. 66.01-3  Delegation of authority to District Commanders.

    (a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135,the 
Commandant delegates to the District Commanders within theconfines of 
their respective districts (see Part 3 of this chapter fordescriptions) 
the authority to grant permission to establish andmaintain, discontinue, 
change or transfer ownership of private aids tomaritime navigation, and 
otherwise administer the requirements of thissubpart.
    (b) The decisions of the District Commander may be appealed within30 
days from the date of decision. The decision of the Commandant inany 
case is final.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended byUSCG-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 transferownership 
of a private aid to navigation, you must apply to theCommander of the 
Coast Guard District in which the aid is or will belocated. You can find 
application form CG-2554 athttp://www.uscgboating.org/safety/aton/
aids.htm. You mustcomplete all parts of the form applicable to the aid 
concerned, andmust forward the application to the District Commander. 
You mustinclude the following information:
    (a) The proposed position of the aid to navigation by two or 
morehorizontal angles, bearings and distance from charted landmarks, 
orthe 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 aidwill 
be maintained.
    (c) The name and address of the person who will maintain the aidto 
navigation.
    (d) The time and dates during which it is proposed to operate 
theaid.
    (e) The necessity for the aid.
    (f) For lights: The color, characteristic, range, 
effectiveintensity, height above water, and description of 
illuminatingapparatus. Attach a copy of the manufacturer's data sheet to 
theapplication.
    (g) For sound signals: Type (whistle, horn, bell, etc.) 
andcharacteristic.
    (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, heightabove 
water of desired installation, and requested codingcharacteristic. 
Equipment must have FCC authorization.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended byCGD 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;USCG-2008-0179, 73 FR 35002, June 19, 2008]



Sec. 66.01-10  Characteristics.

    The characteristics of a private aid to navigation must conform 
tothose prescribed by the United States Aids to Navigation System 
setforth 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 
aprivate aid to navigation must:
    (1) Have at least the effective intensity required by this 
subpartomnidirectionally in the horizontal plane, except at the seams of 
itslens-mold.
    (2) Have at least 50% of the effective intensity required by 
thissubpart within 2[deg] of the horizontal plane.
    (3) Have a minimum effective intensity of at least 1 candela for 
arange of

[[Page 159]]

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 5nautical miles. The 
District Commander may change the requirements forminimum intensity to 
account for local environmental conditions. For aflashing 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 flashedlight 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 to0.2 seconds.

    (4) Unless the light is a prefocused lantern, have a means 
ofverifying that the source of the light is at the focal point of 
thelens.
    (5) Emit a color within the angle of 50% effective intensity 
withcolor coordinates lying within the boundaries defined by the 
cornercoordinates in Table 66.01-11(5) of this part when plotted onthe 
Standard Observer Diagram of the International Commission onIllumination 
(CIE).

              Table 66.01-11(5)--Coordinates ofChromaticity
------------------------------------------------------------------------
                                                        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 
oflight that ensures that the lantern meets the minimal 
requiredintensity stated in paragraph (a)(3) of this section in case 
ofdegradation 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 
positionshould exceed the load during the worst average month of 
insolation.The literature concerning the light must clearly state the 
operatinglimits and service intervals. Low-voltage disconnects used to 
protectthe battery must operate so as to prevent sporadic operation at 
night.
    (b) The manufacturer of each light approved as a private aid 
tonavigation must certify compliance by means of an indelible plate 
orlabel affixed to the aid that meets the requirements ofSec. 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 currentlyusing?

    If, after March 8, 2004, you modify, replace, or install any 
lightthat requires a new application as described inSec. 66.01-5, you 
must comply with the rules in thispart.

[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 privateaid 
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 
navigationauthorized by this part, must bear a legible, indelible label 
(orlabels) affixed by the manufacturer and containing the 
followinginformation:
    (1) Name of the manufacturer.
    (2) Model number.
    (3) Serial number.
    (4) Words to this effect: ``This equipment complies withrequirements 
of the U.S. Coast Guard in 33 CFR part 66.''
    (b) This label must last the service life of the equipment.

[[Page 160]]

    (c) The manufacturer must provide the purchaser a data 
sheetcontaining the following information:
    (1) Recommended service life based on the degradation of eitherthe 
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 
orrechargeable 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 reviewit 
for completeness and will assign the aid one of the 
followingclassifications:
    Class I: Aids to navigation on marine structures or other workswhich 
the owners are legally obligated to establish, maintain andoperate as 
prescribed by the Coast Guard.
    Class II: Aids to navigation exclusive of Class I located inwaters 
used by general navigation.
    Class III: Aids to navigation exclusive of Class I located inwaters 
not ordinarily used by general navigation.
    (b) Upon approval by the District Commander, a signed copy of 
theapplication will be returned to the applicant. Approval for 
theoperation of radar beacons (racons) will be effective for an 
initialtwo year period, then subject to annual review without 
furthersubmission required of the owner.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended byCGD 85-057, 51 FR 
11448, Apr. 3, 1986]



Sec. 66.01-20  Inspection.

    All classes of private aids to navigation shall be maintained 
inproper operating condition. They are subject to inspection by theCoast 
Guard at any time and without prior notice.



Sec. 66.01-25  Discontinuance and removal.

    (a) No person, public body or instrumentality shall change, moveor 
discontinue any authorized private aid to navigation required bystatute 
or regulation (Class I, Sec. 66.01-15)without first obtaining 
permission to do so from the DistrictCommander.
    (b) Any authorized private aid to navigation not required bystatute 
or regulation (Classes II and III,Sec. 66.01-15) may be discontinued 
and removed by theowner after 30 days' notice to the District Commander 
to whom theoriginal request for authorization for establishment of the 
aid wassubmitted.
    (c) Private aids to navigation which have been authorized pursuantto 
this part shall be discontinued and removed without expense to theUnited 
States by the person, public body or instrumentalityestablishing or 
maintaining such aids when so directed by the DistrictCommander.



Sec. 66.01-30  Corps of Engineers' approval.

    (a) Before any private aid to navigation consisting of a 
fixedstructure is placed in the navigable waters of the United 
States,authorization to erect such structure shall first be obtained 
from theDistrict Engineer, U.S. Army Corps of Engineers in whose 
district theaid will be located.
    (b) The application to establish any private aid to 
navigationconsisting of a fixed structure shall show evidence of the 
requiredpermit having been issued by the Corps of Engineers.



Sec. 66.01-40  Exemptions.

    (a) Nothing in the preceding sections of this subpart shall 
beconstrued to interfere with or nullify the requirements of 
existinglaws and regulations pertaining to the marking of structures, 
vesselsand other obstructions sunken in waters subject to the 
jurisdiction ofthe United States (Part 64 of this subchapter), the 
marking ofartificial islands and structures which are erected on or over 
theseabed and subsoil of the Outer Continental Shelf (Part 67 of 
thissubchapter), or the lighting of bridges over navigable waters of 
theUnited States (Subchapter J of this subchapter).
    (b) Persons marking bridges pursuant to Subchapter J of this 
titleare 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 
armedforces,

[[Page 161]]

who shall establish, erect or maintain any aid tomaritime navigation 
without first obtaining authority to do so fromthe Coast Guard, with the 
exception of those established in accordancewith Sec. 64.11 of this 
chapter, or who shall violate theregulations relative thereto issued in 
this part, is subject to theprovisions of 14 U.S.C. 83.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983, as amended byUSCG-2008-0179, 73 
FR 35002, June 19, 2008]



Sec. 66.01-50  Protection of private aids to navigation.

    Private aids to navigation lawfully maintained under 
theseregulations are entitled to the same protection against 
interferenceor obstruction as is afforded by law to Coast Guard aids to 
navigation(Part 70 of this subchapter). If interference or obstruction 
occurs, aprompt report containing all the evidence available should be 
made tothe Commander of the Coast Guard District in which the aids 
arelocated.



Sec. 66.01-55  Transfer of ownership.

    (a) When any private aid to navigation authorized by the 
DistrictCommander, or the essential real estate or facility with which 
the aidis associated, is sold or transferred, both parties to the 
transactionshall submit application (Sec. 66.01-5) to theCommander of 
the Coast Guard District in which the aid is locatedrequesting authority 
to transfer responsibility for maintenance of theaid.
    (b) The party relinquishing responsibility for maintenance of 
theprivate aid to navigation shall indicate on the application form(CG-
2554) both the discontinuance and the change of ownershipof the aid sold 
or transferred.
    (c) The party accepting responsibility for maintenance of theprivate 
aid to navigation shall indicate on the application form(CG-2554) both 
the establishment and the change of ownership ofthe aid sold or 
transferred.
    (d) In the event the new owner of the essential real estate 
orfacility with which the aid is associated refuses to 
acceptresponsibility for maintenance of the aid, the former owner shall 
berequired to remove the aid without expense to the United States. 
Thisrequirement shall not apply in the case of any authorized private 
aidto navigation required by statute or regulation (Class I,Sec. 66.01-
15) which shall be maintained by the newowner until the conditions which 
made the aid necessary have beeneliminated.



                 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 
theconditions under which state governments may regulate aids 
tonavigation owned by state or local governments, or private 
parties.With the exception on the provisions of subpart 66.10, which are 
validuntil December 31, 2003, aids to navigation must be in accordance 
withthe United States Aids to Navigation System in part 62 of 
thissubchapter.

[CGD 97-018, 63 FR 33573, June 19, 1998]



Sec. 66.05-5  Definitions.

    (a) The term State waters for private aids to navigationmeans those 
navigable waters of the United States which theCommandant, upon request 
of a State Administrator, has designated aswaters within which a State 
government may regulate the establishment,operation, and maintenance of 
marine aids to navigation, includingregulatory markers. The Commandant 
will entertain requests to makesuch designations with respect to 
navigable waters of the UnitedStates not marked by the Federal 
government. These designations whenapproved will be set forth in 
separate sections by States in thissubpart and will briefly describe or 
identify waters so designated.
    (b) The term Uniform State Waterway Marking System (USWMS) meansthe 
system of private aids to navigation which may be operated inState 
waters. Subpart 66.10, which describes the USWMS, expires onDecember 31, 
2003.
    (c) The term State Administrator means the official of aState having 
power under the law of the State to

[[Page 162]]

regulate,establish, operate or maintain maritime aids to navigation on 
watersover which the State has jurisdiction.
    (d) The term State aids to navigation means all privatemarine aids 
to navigation operated in State waters for private aids tonavigation, 
whether owned by a State, political subdivisions thereofor by 
individuals, corporations, or organizations.
    (e) The term regulate State maritime aids to navigationmeans to 
control the establishment, disestablishment, operation andmaintenance of 
State aids to navigation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended byCGD 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 maritimeaids 
to navigation in the navigable waters of the United States notmarked by 
the Federal Government, shall request the Commandant todesignate the 
specific bodies of water involved as State waters forprivate aids to 
navigation.
    (b) The request shall be forwarded to the District Commander inwhose 
district the bodies of water are located. The request shall givethe name 
and description of the waterway; the extent of use being madeof the 
waterway for marine navigation, in general terms; anappropriate chart or 
sketch of the area; and a general outline of thenature and extent of the 
State aids to navigation which theAdministrator plans to establish in 
the waterway.
    (c) The District Commander shall review the request and consultwith 
the State Administrator concerning the terms of an initialagreement to 
be entered into under provisions ofSec. 66.05-20. When they have 
arrived at terms of anagreement satisfactory to both, the District 
Commander shall forwardthe request to the Commandant with 
recommendations and the terms ofagreement mutually settled upon. If they 
cannot reach such agreement,the District Commander shall forward the 
request with recommendationsand a statement of the points agreed upon 
and the points remaining atissue.
    (d) Upon receipt of the request, the Commandant will 
determinewhether or not approval of the request is in the public 
interest andwill inform the State Administrator and the District 
Commander of theCoast Guard's decision. If the request is approved, the 
designation bythe Commandant of the waters in question as State waters 
for privateaids to navigation will be also defined and described in this 
subpart.
    (e) The Commandant may, upon his or her own initiative or 
uponrequest, revoke or revise any designations of State waters for 
privateaids to navigation previously made by him or her. Written notice 
shallbe given the State Administrator of the action contemplated by 
theCommandant. The State Administrator will be afforded a period of 
notless than 30 days from the date of the notice in which to inform 
theCommandant of the State's views in the matter before final action 
iscompleted to revoke or revise such designation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended byUSCG-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 
locatedmay enter into agreements with State Administrators permitting a 
Stateto regulate aids to navigation, including regulatory markers, in 
Statewaters for private aids to navigation, as, in the opinion of 
theDistrict Commander, the State is able to do in a manner to improve 
thesafety of navigation. When a waterway is located within the area 
ofjurisdiction of more than one Coast Guard District, the 
DistrictCommander in whose District the State capital is located shall 
executethe agreement in behalf of the Coast Guard. All such agreements 
shallreserve to the District Commander the right to inspect the State 
aidsto navigation without prior notice to the State. They shall 
stipulatethat State aids to navigation will conform to the Uniform 
StateWaterway marking System or to the U.S. Aids to Navigation System 
andthat the State Administrator will modify or remove State aids 
tonavigation without expense to the

[[Page 163]]

United States when so directedby the District Commander, subject to the 
right of appeal on the partof the State Administrator to the Commandant.
    (b) A Coast Guard-State agreement shall become effective when 
bothparties have signed the agreements. In lieu of the 
procedureprescribed in Sec. 66.01-5, the agreement shallconstitute 
blanket approval by the Commandant, of the State aids tonavigation, 
including regulatory markers, established or to beestablished in State 
waters for private aids to navigation designatedor to be designated by 
the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of 
thissection, Coast Guard-State agreements shall cover the 
followingpoints, together with such other matters as the parties find 
itdesirable to include:
    (1) A description, in sufficient detail for publication in Noticesto 
Mariners, of all aids to navigations under State jurisdiction 
innavigable waters of the United States in existence prior to 
theeffective date of the agreement which have not been 
previouslyapproved under procedures of Sec. 66.01-5.
    (2) Procedures for use by the State administrator to notify 
theDistrict Commander of changes made in State aids to navigation, 
asrequired by Sec. 66.05-25.
    (3) If prior to December 21, 2003, specification of the 
markingsystem to be used, whether the U.S. Aids to Navigation System or 
theUniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape 
ofmarkers, the use of identifying letters, the use of reflectors 
orretroreflective materials, and any other similar standards so as 
toenable Coast Guard inspectors to determine compliance with 
Statewidestandards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended byCGD 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 
inState aids to navigation, he or she must inform the District 
Commanderof the nature and extent of the changes, as soon as possible, 
but notless 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 
publishinformation concerning State aids to navigation, including 
regulatorymarkers, in the Coast Guard Local Notices to Mariners.
    (b) Notices to Mariners which concern the 
establishment,disestablishment, or change of State aids to navigation, 
includingregulatory markers, may be published whenever the aids to 
navigationconcerned are covered by navigational charts or maps issued by 
theNational Ocean Service or the U.S. Army Corps of Engineers.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended byUSCG-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 undercontrol 
of the Commandant or the State Administrator, exclusive of theArmed 
Forces of the United States, shall establish, erect or maintainin State 
waters for private aids to navigation any aid to navigationwithout first 
obtaining permission to do so from the StateAdministrator. 
Discontinuance of any State aids to navigation may beeffected by order 
of the State Administrator.



Sec. 66.05-40  Corps of Engineers' approval.

    (a) In each instance where a regulatory marker is to beestablished 
in navigable waters of the United States which have beendesignated by 
the Commandant as State waters for private aids tonavigation, the State 
Administrator is responsible for obtaining priorpermission from the 
District Engineer, U.S. Army Corps of Engineersconcerned, authorizing 
the State to regulate the water area involved,or a statement that there 
is no objection to the proposed regulationof the water area. A copy of 
the Corps of Engineers permit or letterof authority shall be

[[Page 164]]

provided by the Administrator to theDistrict Commander upon request.
    (b) Similarly, where an aid to navigation is to be placed on afixed 
structure or a mooring buoy is to be established in State watersfor 
private aids to navigation, the State Administrator shall assurethat 
prior permission or a statement of no objection to the structuresor 
mooring buoys proposed is obtained from the District Engineerconcerned. 
A copy of the permit or letter is not required by theDistrict Commander.



Sec. 66.05-100  Designation of navigable waters as State waters for private aidsto navigation.

    In accordance with the procedures contained inSec. 66.05-10(d), the 
following navigable waterslisted by the State in which they are located, 
are designated as Statewaters 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 withinthe 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 thefollowing 
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 notmarked with 
Coast Guard aids to navigation on June 1, 1973.
    (f) Pennsylvania. The portion of Youghiogheny RiverReservoir within 
the State.
    (f-1) South Carolina. (1) The portion of Lake Wyliewithin the State; 
(2) Lake Marion; (3) Lake Moultrie; and (4) LakeMurray.
    (g) Texas. The portion of Toledo Bend Reservoir within theState.
    (h) Virginia. (1) Claytor Lake, on the New River in PulaskiCounty.
    (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 markedwith 
Coast Guard aids to navigation as of May 1, 1996.

[CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended byCGD 76-015, 41 FR 
12879, Mar. 29, 1976; CGD 80-132, 46FR 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 
MarkingSystem's (USWMS) aids to navigation provisions for marking 
channelsand obstructions may be used in those navigable waters of the 
U.S.that have been designated as state waters for private aids 
tonavigation and in those internal waters that are non-navigable 
watersof the U.S. All other provisions for the use of regulatory markers 
andother aids to navigation shall be in accordance with United States 
Aidto Navigation System, described in part 62 of this subchapter.
    (b) The USATONS may be used in all U.S. waters under 
statejurisdiction, including non-navigable state waters.

[CGD 97-018, 63 FR 33574, June 19, 1998]



Sec. 66.10-5--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 otherrelatively 
narrow natural or improved waterway, an aid to navigationshall normally 
be a solid colored buoy. A buoy which marks the leftside of the channel 
viewed looking upstream or toward the head ofnavigation shall be colored 
all black. A buoy which marks the rightside of the channel viewed 
looking upstream or toward the head ofnavigation shall be colored all 
red. On a well defined channel, solid

[[Page 165]]

colored buoys shall be established in pairs, one on each side ofthe 
navigable channel which they mark, and opposite each other toinform the 
user that the channel lies between the buoys and that theuser should 
pass between the buoys.
    (c) On an irregularly defined channel, solid colored buoys may 
beused singly in staggered fashion on alternate sides of the 
channelprovided they are spaced at sufficiently close intervals to 
inform theuser that the channel lies between the buoys and that the user 
shouldpass between the buoys.
    (d) Where there is no well-defined channel or when a body of wateris 
obstructed by objects whose nature or location is such that 
theobstruction can be approached by a vessel from more than 
onedirection, 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 
havingcardinal meaning is discretionary provided that the use of such 
amarker is limited to wholly State owned waters and the State watersfor 
private aids to navigation as defined and described in this part.
    (e) Aids to navigation conforming to the cardinal system 
shallconsist of three distinctly colored buoys.
    (1) A white buoy with a red top may be used to indicate to avessel 
operator that the operator must pass to the south or west ofthe buoy.
    (2) A white buoy with a black top may be used to indicate to avessel 
operator that the operator must pass to the north or east ofthe buoy.
    (3) In addition, a buoy showing alternate vertical red and 
whitestripes may be used to indicate to a vessel operator that 
anobstruction to navigation extends from the nearest shore to the 
buoyand that the operator must not pass between the buoy and shore. 
Thenumber of white and red stripes is discretionary, provided that 
thewhite stripes are twice the width of the red stripes.

[CGFR 66-32, 31 FR 10321, July 30, 1966, as amended byCGD 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. Agreen 
light shall only be used on a solid colored black or a solidcolored 
green buoy. White lights shall be used for all other buoys.When a light 
is used on a cardinal system buoy or a vertically stripedwhite 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 ISLANDSAND 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 ofapproval.
67.10-40 Sound signals authorized for use prior toJanuary 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 dredgedchannels.

[[Page 166]]

                 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; Departmentof Homeland 
Security Delegation No. 0170.1.

    Source: CGFR 58-17, 23 FR 3377, May 20, 1958,unless otherwise noted.

    Editorial Note: Nomenclature changes to part 67 appearat 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 lightsand 
sound signals to be operated as privately maintained maritime aidsto 
navigation on the artificial islands and structures which areerected on 
or over the seabed and subsoil of the Outer ContinentalShelf and in the 
waters under the jurisdiction of the United States,for the purpose of 
exploring for, developing, removing andtransporting resources therefrom.
    (b) Subpart 66.01 in Part 66 of this subchapter shall beapplicable 
to all private aids to navigation erected on or over theOuter 
Continental Shelf in the same manner and to the same extent asthey are 
applicable to private aids to navigation established,erected, or 
maintained in the waters under the jurisdiction of theUnited States.



Sec. 67.01-5  Definitions.

    (a) Structures. The term ``structures'' as usedin this part shall 
include all fixed structures, temporary orpermanent, for which a Corps 
of Engineers' permit is issued. It shallinclude, 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, wellprotective structures, tank 
battery barges submerged on station,drilling barges submerged on 
location, breakwater barges submerged onlocation, 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 Cstructures'' refers to the classification assigned to 
structureserected in areas in which corresponding requirements for 
marking areprescribed.
    (c) Line of demarcation. The term ``line ofdemarcation'' means the 
dividing line used administratively todistinguish between the areas in 
which structures shall conform toClass ``A'' and Class ``B'' or``C'' 
requirements.
    (d) Outer Continental Shelf. The term ``OuterContinental Shelf'' 
means all submerged lands lying seaward andoutside the area of lands 
beneath navigable waters as defined in theSubmerged Lands Act (sec. 2, 
67 Stat. 29, 43 U. S. C. 1301), and ofwhich the subsoil and seabed 
appertain to the United States and aresubject to its jurisdiction and 
control.
    (e) Reliable operation. The term ``reliable'' asused in this part 
shall mean

[[Page 167]]

that dependability which will insureto the highest degree reasonably 
possible the uninterrupted operationof lights and sound signals as 
private aids to navigation for safetyof marine commerce.
    (f) Sound signal. The term ``sound signal'' asused in this part 
shall mean the audible sound signal, authorized as aprivate aid to 
navigation, to mark a structure for the safety ofmarine 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 byCGFR 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 
forperforming inspections, enforcement, and administration of 
regulationsto 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? TheDistrict 
Commander will assign structures to Class A, B, or C as partof 
processing an application for a permit to establish and operatelights 
and sound signals.
    (b) In general, where will the different classes of structuresbe 
located? Specific criteria in paragraph (c) of this section maycreate 
exceptions, but, in general, structures the farthest from shoreare 
likely to be assigned to Class A and required to have obstructionlights 
and sound signals that can be detected from the farthestdistance. 
Structures closest to shore are likely to be assigned toClass C and, 
while subject to requirements to ensure that they arealso detectable 
from a safe distance away, will be required to havethe least powerful 
obstruction lights or sound signals. The locationand standards for Class 
B structures will generally be in betweenClass A and C structures.
    (c) What criteria will be used to classify structures? Whenassigning 
a structure to a class, the District Commander will takeinto 
consideration whether a line of demarcation has been prescribed,and 
matters concerning, but not necessarily limited to, the dimensionsof the 
structure and the depth of water in which it is located, theproximity of 
the structure to vessel routes, the nature and amount ofvessel traffic, 
and the effect of background lighting.
    (1) If a line of demarcation has been prescribed, the 
DistrictCommander will assign those structures seaward of the line 
ofdemarcation to Class A. He or she will assign all structures 
shorewardof the line of demarcation to either Class B or Class C, unless 
theDistrict Commander determines under Sec. 67.05-25that the structure 
should be assigned to Class A because of thestructure's proximity to a 
navigable channel, fairway or line ofdemarcation.
    (2) If a line of demarcation has not been prescribed, the 
DistrictCommander will assign a structure to Class A, B, or C as he or 
shedeems 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 
orchanging lines of demarcation to the Commandant. For the purposes 
ofthis part, when the Commandant approves of additions to or changes 
inprescribed lines of demarcation, such additions or changes will 
bepublished in the Federal Register and will become effective onthe 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 
installationarrangements specified in this part may be permitted by the 
DistrictCommander to such extent and under such conditions as will 
result inachieving a degree of safety or compliance with these 
regulationsequivalent to or above the minimum requirements set forth in 
thispart.

[[Page 168]]



              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 
orless on any one side, or in diameter, shall be required to have 
oneobstruction light visible for 360[deg].
    (b) Structures having a maximum horizontal dimension of over 30feet, 
but not in excess of 50 feet, on any one side, or in diameter,shall be 
required to have two obstruction lights installed ondiagonally opposite 
corners, 180[deg] apart, or as prescribed by theDistrict Commander, each 
light to have a 360[deg] lens.
    (c) Structures having a horizontal dimension of over 50 feet onany 
one side, or in diameter, shall be required to have an obstructionlight 
on each corner, or 90[deg] apart in the case of circularstructures, or 
as prescribed by the District Commander, each light tohave a 360[deg] 
lens.
    (d) Where the overall dimensions of a structure require 
theinstallation of two or more obstruction lights, the lights shall 
allbe mounted on the same horizontal plane within the limitations 
ofheight specified in Sec. 67.20-5,Sec. 67.25-5, or Sec. 67.30-5, 
asapplicable.
    (e) Lesser structures and piles, pile clusters or flare 
templates,etc., will not normally be required to be marked by 
obstructionlights, when they are located within 100 yards of a 
Class``A'', ``B'' or ``C'' structuremarked by established obstruction 
lights, but they shall be markedwith red or white retro-reflective 
material, installed as prescribedby the District Commander.
    (f) All obstruction lights shall be installed in a manner whichwill 
permit at least one of them to be carried in sight of themariner, 
regardless of the angle of approach, until the mariner iswithin 50 feet 
of the structure, visibility permitting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byUSCG-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 tomark 
a structure, all such lights shall be operated to flash inunison.



Sec. 67.05-10  Characteristics of obstruction lights.

    All obstruction lights required by this part shall be powered froma 
reliable power source, including auxiliary power sources asnecessary. 
They shall display a quick-flash characteristic ofapproximately 60 
flashes per minute, unless prescribed otherwise inthe permit issued by 
the District Commander. Their color shall bewhite when marking Class 
``A'' and ``B''structures, and either white or red, as prescribed by the 
DistrictCommander, when marking Class ``C'' structures. Indetermining 
whether white or red lights shall be authorized, theDistrict Commander 
shall take into consideration matters concerning,but not necessarily 
limited to, the dimensions of the structure andthe depth of water in 
which it is located; the proximity of thestructure 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 thehours 
of sunset and sunrise, local time, commencing at the time 
theconstruction of a structure is begun. During construction and 
untilsuch time as a platform capable of supporting the obstruction 
lightsis completed, the fixed lights on an attending vessel shall be 
used.In addition, when lights are in use for general illumination 
tofacilitate the construction or operation of a structure, and can 
beseen from any angle of approach at a distance equal to that 
prescribedfor the obstruction lights for the class of structure, the 
actualoperation 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 arethe 
minimum requirements only and shall not preclude the maintainerfrom 
making application for authorization to establish more lights, orlights 
of greater

[[Page 169]]

intensity than required to be visible at thedistances prescribed: 
Provided, That the prescribedcharacteristics 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 tothe 
edges of navigable channels and fairways, or lines of demarcation,the 
District Commander is authorized to require the structure to bemarked by 
the lights which in his judgment are necessary for thesafety of marine 
commerce, and without regard to the fact that thestructure may be 
located in an area in which either Class``B'' or Class ``C'' 
requirements areotherwise applicable. The requirements for the lights in 
any of thesecases, 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 bySec. Sec. 67.20-10, 67.25-10, and67.30-
10 must:
    (a) Have its maximum intensity at a frequency between 100 and1,100 
Hertz;
    (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 
18seconds silence) unless otherwise authorized by the DistrictCommander;
    (c) Have the rated range required bySec. 67.20-10, Sec. 67.25-10, 
orSec. 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 underSec. 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 bySec. Sec. 67.20-10, 67.25-10, and67.30-
10 must:
    (a) Be located on the structure so that the sound signal producedis 
audible over 360[deg] in a horizontal plane at all ranges up toand 
including the required rated range; and
    (b) Be located at least 10 feet but not more than 150 feet abovemean 
high water.



Sec. 67.10-10  Operating requirements.

    (a) Sound signals required bySec. Sec. 67.20-10, 67.25-10, 
and67.30-10 must be operated continuously, regardless ofvisibility, 
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 soundsignal 
when the visibility in any direction is reduced to the ratedrange at 
which sound signal operation is required by this part.
    (b) During construction and until such time as a sound signal 
isinstalled and operating on a platform, the whistle of an 
attendingvessel moored alongside the platform may be used to sound the 
signalrequired for the structure by this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byUSCG-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 inSec. 67.10-1 (a), 
(b), (c), (d), and (e) when testedunder Sec. 67.10-20; or
    (2) It is similar to a sound signal which was tested and 
approvedunder the provisions of this section and the Coast Guard has 
approvedall variations in design, construction, production, and 
manufacturefrom the sound signal tested.
    (b) A sound signal that is an identical production model of asound 
signal which has been approved under paragraph (a) of thissection is a 
Coast Guard approved sound signal.



Sec. 67.10-20  Sound signal tests.

    (a) Sound signal tests must:

[[Page 170]]

    (1) Be made by the applicant in the presence of a Coast 
Guardrepresentative, who certifies the test if the procedures comply 
withthe requirements of this section;
    (2) Be made with Coast Guard supplied and calibrated sound 
levelmeters and power meters; and
    (3) Be made in an anechoic chamber large enough to accommodate 
theentire 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 afar-
field extrapolation of the sound pressure level;
    (2) Power at outputs up to and including the approximate powerlevel 
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 
powernecessary to produce the sound pressure level specified in Table A 
ofthis section the Coast Guard follows the procedures prescribed by 
theInternational Association of Lighthouse Authorities (IALA) 
inSupplement No. 3 to the IALA Bulletin of February 1969 for analysis 
ofharmonic components and does not consider components above 1,100 
Hertzas 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 asound 
signal must:
    (a) Direct a written request to the Office of Aids to 
Navigation,U.S. Coast Guard Headquarters, 2100 Second Street SW., 
Washington, DC20593-0001 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 171]]

    (b) Bear all the expenses of conducting the test conducted 
inaccordance with Sec. 67.10-20 including all traveland per diem 
expenses of the U.S. Government in sending a Coast Guardrepresentative 
to the test.

[CGD 72-74R, 37 FR 13512, July 8, 1972, as amended byCGD88-052, 53 FR 
25119,July 1, 1988; CGD 96-026, 61 FR33663, June 28, 1996; USCG-2001-
10714, 69 FR 24983, May5, 2004]



Sec. 67.10-30  Withdrawal of approval.

    The Coast Guard may withdraw approval of a sound signal if itfails 
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 orwithdrawal 
of approval of a sound signal in the Local Notice toMariners.
    (b) A listing of approved sound signals may be obtained from 
anyDistrict 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 
andmanufactured prior to January 1, 1973, is excepted from 
therequirements in this subpart, exceptSec. Sec. 67.10-1 (b) and (c), 
67.10-5, and67.10-10, if the sound signal has a minimum sound 
pressurelevel as specified in Table A of Subpart 67.10 of Title 33 of 
the Codeof Federal Regulations in effect on December 31, 1972, for the 
rangerequired 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. 
Thebarges, vessels, and other miscellaneous floating plants in 
attendancemust display lights and signals under the International 
NavigationalRules Act of 1977 (33 U.S.C. 1601-1608) that adopted 
theInternational Regulations for Preventing Collisions at Sea, 1972 
(72COLREGS), or the Inland Navigational Rules Act of 1980 (33 
U.S.C.2001-2038). When vessels are fixed to or submerged onto theseabed, 
however, they become structures as described inSec. 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 andwooden 
stakes less than 2 inches in diameter, placed in the water tofacilitate 
seismographic or surveying operations shall be marked, inthe manner 
prescribed by the District Commander, for the safety ofnavigation.



Sec. 67.15-10  Spoil banks, artificial islands, and dredged channels.

    (a) All submerged spoil banks, or artificial islands resultingfrom 
the dredging of private channels, laying of pipelines, or anyother 
private operation, and all privately dredged channels which, inthe 
judgment of the District Commander are required to be marked byaids to 
navigation, shall be marked by private aids to navigationconforming to 
the standard United States system of aids to navigationcharacteristics 
described in subpart B of part 62 of this subchapter.
    (b) To receive a permit to establish and maintain a private aid 
tonavigation for the purposes described in paragraph (a) of thissection, 
submit your application to the District Commander. TheDistrict 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 erectedin an area 
where Class ``A'' requirements must be met.



Sec. 67.20-5  Obstruction lights.

    The obstruction lights shall be white lights as prescribed inSubpart 
67.05 of this part. The lights shall be of sufficientcandlepower as to 
be visible at a distance of at least five nauticalmiles 90 percent of 
the nights of the year. The lights shall bedisplayed not less than 20 
feet above mean high water, but not at aheight greater than that 
governed by the requirement inSec. 67.05-

[[Page 172]]

1(f) that mariners be able to see atleast one of the lights, regardless 
of the angle of approach, untilwithin 50 feet of the structure, 
visibility permitting.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended byUSCG-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 
2miles; and,
    (2) Operate the sound signal when the visibility in any directionis 
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 toother structures and so enveloped by the sound signals on 
otherstructures that it is not a hazard to navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended byUSCG-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 erectedin 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 
inSubpart 67.05 of this part and shall be of sufficient candlepower asto 
be visible at a distance of at least three nautical miles 90percent of 
the nights of the year. The lights shall be displayed notless than 20 
feet above mean high water, but not at a height greaterthan that 
specified in Sec. 67.05-1(f), except thaton Class ``B'' structures 
which are required to be markedby only one light, that light may be 
displayed not less than 10 feetabove mean high water if the structural 
features preclude mounting thelight within the range of heights 
otherwise specified in this section.
    (b) The District Commander may waive the requirement forobstruction 
lights on Class ``B'' structures if there isno hazard to navigation by 
so doing.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended byCGFR 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, underthe 
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 directionis 
less than 3 miles, unless the District Commander establishes agreater or 
lesser distance of visibility, not to exceed 5 miles, underthe 
provisions of paragraph (b) or (c) of this section.
    (b) The owner of a Class ``B'' structure shall installa sound signal 
with a greater rated range or operate it at times ofgreater 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 
ofthe sound signal at times of greater visibility is necessary for 
thesafety of marine commerce.
    (c) The District Commander may waive or relax the provisions 
ofparagraph (a) of this section, if he or she finds that a structure is:
    (1) So close to other structures and so enveloped by the 
soundsignals 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 tonavigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended byUSCG-2001-10714, 69 
FR 24983, 24984, May 5, 2004]

[[Page 173]]



                 Subpart 67.30_Class ``C'' Requirements



Sec. 67.30-1  Class ``C'' structures.

    Class ``C'' structures shall be the structures erectedin 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 asprescribed 
in Subpart 67.05 of this part and shall be of sufficientcandlepower as 
to be visible at a distance of at least one nauticalmile 90 percent of 
the nights of the year. The lights shall bedisplayed at such height, 
above mean high water, as shall beprescribed by the District Commander. 
When the District Commandershall authorize red lights to mark a Class 
``C''structure, the color thereof shall conform to the shade of 
redprescribed in Military Specification Mil-C-25050 (ASG), Type 1, 
GradeD. A copy of the specification may be obtained from the 
CommandingOfficer, Document Automation and Production Service, 700 
RobbinsAvenue, Building 4, Section D, Philadelphia, PA 19111-5091.
    (b) When Class ``C'' structures are erected in closeproximity to 
each other, or are connected in such a manner as toprevent marine 
traffic from passing freely through the field,obstruction lights may be 
authorized to mark the perimeter structuresonly, when in the judgment of 
the District Commander the group ofstructures which are equipped with 
obstruction lights are so arrangedthat the particular structures are 
protected to the degree required bythis 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 lowwater.
    (d) In cases where, although not required, an applicant desires 
toestablish and operate obstruction lights, a permit therefor shall 
begranted, 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 byCGFR 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 installa 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 safetyof 
marine commerce.
    (b) Sound signals required by paragraph (a) of this section musthave 
rated range of at least one-half mile, unless the DistrictCommander 
prescribes a greater rated range, not to exceed 2 miles.
    (c) The owner of the structure shall operate the sound 
signalrequired by paragraph (a) of this section whenever the visibility 
inany direction is less than 3 miles, unless the District 
Commanderestablishes a greater or lesser distance of visibility, not to 
exceed5 miles.
    (d) Class ``C'' structures may have sound signals if:
    (1) Authorized by the District Commander under the provisions 
ofSubpart 66.01 of this subchapter; and
    (2) The sound signal meets the requirements ofSec. 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 
bythe District Commander upon request, shall be submitted for 
eachprivate aid to navigation for which a permit is required to 
establish,operate, move, change or discontinue, except as modified in 
thissubpart.
    (b) An application on the prescribed form shall be submitted tothe 
District Commander for each structure to be equipped withobstruction 
lights and/or sound signals if the structure is to remainin place six 
months or more. An

[[Page 174]]

application may be made by letterfor each structure to be so equipped if 
the structure is to remain inplace less than six months.
    (c) One application form only shall be submitted to the 
DistrictCommander 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 becompleted. 
A brief descriptive print of the structure or aid tonavigation involved 
shall be furnished with the application, togetherwith a location plat or 
chart section. When Lambert coordinates areused to plot the position of 
the aid, the plat or chart shall beannotated to show latitude and 
longitude of the proposed aid tonavigation, except when the position has 
been described by referenceto one or more horizontal angles, or by the 
bearing and distance froma charted landmark.
    (b) Each application shall have appended to it a list showing 
thetype, model, name and address of the manufacturer of the 
lightingapparatus and sound signal equipment to be used.
    (c) Each application shall always specify the date the 
proposalscontained therein are desired to be effective, and approval 
thereofmust 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 applicationsrespecting private 
aids to navigation for spoil banks, artificialislands and dredged 
channels.



Sec. 67.35-15  To whom addressed.

    The applications and correspondence dealing with private aids 
tonavigation and obstruction lighting should be addressed to theDistrict 
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 ofstructures to be located 
in areas where Class ``A''requirements must be met, notification shall 
be given to the DistrictCommander of the approximate date work will 
commence, as soon as knownafter a permit is received from the Corps of 
Engineers, U.S. Army, or30 days in advance, if possible. Persons 
constructing structures mustnotify the District Commander by either 
telegram or overnight mail onthe day they begin construction. Within 
this notice, they must informhim or her of the lights and sound signals 
they will use duringconstruction. When construction has been completed, 
the maintainershall notify the District Commander to that effect by 
letter, statingwhether or not the authorized obstruction lights and/or 
sound signalsare in operation. Final notification by letter shall be 
given when thelights used for general illumination, to facilitate the 
constructionor operation of the structure, have been discontinued and 
theauthorized obstruction lights placed in operation.
    (b) Class ``B'' structures. Notification shallbe given to the 
District Commander in the case of structures to belocated in areas where 
Class ``B'' requirements must bemet, in the same manner as prescribed in 
the case of Class``A'' structures, except that the telegram on the 
dayconstruction of the structure is commenced shall not be required.
    (c) Class ``C'' structures. Notification shallbe given to the 
District Commander in the case of structures to belocated in areas where 
Class ``C'' requirements must bemet, upon completion of the structure.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 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 
anyrequirement 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 
changedcircumstances in the case of a structure, whose obstruction 
lightsand/or sound signal have been modified or waived, constitutes a 
hazardto marine navigation, he or she is authorized to revoke or revise 
hisor her previous action and

[[Page 175]]

to require the structure to beappropriately marked by suitable 
obstruction lights and/or soundsignals in accordance with this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byUSCG-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 
theDistrict Commander shall be addressed to their usual or last 
knownplace of business, or to their local representative, if 
any.Communication shall be by the method considered appropriate for 
thecircumstances.



Sec. 67.40-15  Marking at owner's expense.

    The District Commander may mark, for the protection of 
marinecommerce, any structure whenever the owner thereof has failed 
suitablyto mark the same in accordance with this part, and the owner 
shallreimburse 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 theCoast 
Guard shall be determined in accordance with Part 74 of thissubchapter. 
All such charges shall be invoiced to the owner beginningwith the date 
such marking is established and shall continue untilnotice is received 
by the District Commander that the structure hasbeen removed, or until 
the owner has applied for and been issued apermit by the District 
Commander to establish and operate the requiredobstruction lights and/or 
sound signals or other markings required bythis 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 
(43U.S.C. 1333). Any person, firm, company, or corporation who shall 
failor refuse to obey any of the lawful rules and regulations issued 
inthis part or pursuant thereto shall be guilty of a misdemeanor 
andshall be fined not more than $100 for each offense. Each day 
duringwhich 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 
structureswhich are located within the boundaries of the Coast Guard 
districtshereinafter defined.
    (b) Geographic coordinates expressed in terms of latitude 
orlongitude, or both, are not intended for plotting on maps or 
chartswhose referenced horizontal datum is the North American Datum of 
1983(NAD 83), unless such geographic coordinates are expressly labeled 
NAD83. Geographic coordinates without the NAD 83 reference may be 
plottedon maps or charts referenced to NAD 83 only after application of 
theappropriate corrections that are published on the particular map 
orchart 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 thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required, it will be determined inaccordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-15  Fifth Coast Guard District.

    (a) Description. See Sec. 3.25-1 of thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required, it will be determined inaccordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-20  Seventh Coast Guard District.

    (a) Description. See Sec. 3.35-1 of thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required, it will be determined inaccordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 61-40, 26 FR 
10353, Nov. 3, 1961]

[[Page 176]]



Sec. 67.50-25  Eighth Coast Guard District.

    (a) Description. See Sec. 3.40-1 of thischapter.
    (b) Lines of demarcation. The two lines of demarcationdescribed in 
this section are for administrative purposes todistinguish between the 
areas in which structures shall be subject toClass ``A'', ``B'' or 
``C''requirements. The primary line of demarcation delimits the areas 
tothe seaward of which Class ``A'' requirements are imposed.The 
secondary line of demarcation delimits the areas to the shorewardof 
which Class ``C'' requirements are imposed. In thoseareas where no 
secondary line of demarcation is prescribed, thestructures shoreward of 
the primary line of demarcation are consideredto be Class ``C'' 
structures. Class ``B''requirements are imposed on the structures in the 
areas between thetwo lines of demarcation.
    (1) The coordinates of the primary line of demarcation within 
thejurisdiction 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 aroundChandeleur 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., 
longitude89[deg]09[min].6 W., thence to;
    (xiii) A point at latitude 28[deg]57[min].8 N., 
longitude89[deg]13[min].6 W., thence to;
    (xiv) A point at latitude 28[deg]57[min].8 N., 
longitude89[deg]19[min].5 W., thence to;
    (xv) A point at latitude 28[deg]53[min].8 N., 
longitude89[deg]25[min].7 W., thence to;
    (xvi) A point at latitude 28[deg]52[min].6 N., 
longitude89[deg]25[min].9 W., thence via the 10 fathom curve to;
    (xvii) A point at latitude 29[deg]00[min] N., 
longitude89[deg]34[min].0 W., thence to;
    (xviii) A point at latitude 29[deg]00[min] N., 
longitude90[deg]05[min].0 W., thence to;
    (xix) A point at latitude 28[deg]46[min].3 N., 
longitude91[deg]07[min].5 W., thence to;
    (xx) A point at latitude 29[deg]11[min].5 N., 
longitude92[deg]21[min].0 W., thence to;
    (xxi) A point at latitude 29[deg]29[min].0 N., 
longitude92[deg]32[min].3 W., thence via the 5 fathom curve to;
    (xxii) A point at latitude 29[deg]41[min].2 N., 
longitude93[deg]19[min].9 W., thence to;
    (xxiii) A point at latitude 29[deg]38[min].7 N., 
longitude93[deg]49[min].4 W., thence to;
    (xxiv) A point on the 5 fathom curve at latitude29[deg]35[min].8 N., 
longitude 94[deg]00[min][min] W., thence viathe 5 fathom curve to;
    (xxv) A point at latitude 29[deg]26[min].7 N., 
longitude94[deg]30[min].0 W., thence to;
    (xxvi) A point at latitude 28[deg]55[min].3 N., 
longitude95[deg]16[min].3 W., thence to;
    (xxvii) A point at latitude 28[deg]54[min].9 N., 
longitude95[deg]15[min].6 W., thence to;
    (xxviii) A point at latitude 28[deg]19[min].3 N., 
longitude96[deg]23[min].3 W., thence to;
    (xxix) A point at latitude 27[deg]49[min].5 N., 
longitude97[deg]01[min].2 W., thence to;
    (xxx) A point on the 10 fathom curve at latitude27[deg]30[min].0 N., 
longitude 97[deg]10[min].0 W., thence via the10 fathom curve to;
    (xxxi) A point at latitude 27[deg]00[min] N., 
longitude97[deg]17[min].5 W., thence to;
    (xxxii) A point at latitude 26[deg]04[min].1 N., 
longitude97[deg]08[min].6 W.
    (2) The coordinates of the secondary line of demarcation withinthe 
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 177]]

    (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 178]]

    (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 stakesand 
casings (pipes), except bamboo poles and wooden stakes less than 2inches 
in diameter, placed in the water during seismographic orsurveying 
operations shall be marked with flags during the daylighthours. Those 
casings remaining in place during the hours of darknessshall be marked 
by a red light as prescribed in Subpart 67.30 of thispart.
    (2) All buoys used during seismographic operations shall bepainted 
with international orange and white horizontal bands. Thebuoys shall be 
of light construction in order that they will notpresent a hazard to 
marine commerce.
    (d) Spoil marking. (1) All submerged spoil resulting fromthe 
dredging of channels, laying of pipelines, or any other operation,which 
constitutes an obstruction to navigation, shall be properlymarked. The 
spoil banks should be examined at frequent intervals inorder that the 
changing conditions may be kept under control. Asmarkers are no longer 
required due to settling of banks, the CoastGuard will authorize their 
removal upon application.
    (2) All openings in such submerged spoil shall be marked 
bydaybeacons on each side of the openings. When spoil is located on 
eachside of a channel or pipe line, each bank will be 
consideredseparately. The daybeacons shall be equipped with arrows 
designatingthe safe water through the opening. These daybeacons may also 
be usedas channel markers for the dredged channels providing they are 
alsoequipped with arrows designating the spoil bank openings.
    (3) When spoil banks constituting an obstruction to navigationabut 
an established traveled waterway, the outboard spoil bank markersshall 
be equipped with quick flashing lights described in Subpart67.30 of this 
part, except that the color shall be in accordance withthe provisions of 
Subpart 62.25 of Part 62 of this subchapter.
    (e) Applications. All applications for private aids tonavigation and 
all correspondence dealing with private aids tonavigation and 
obstruction lighting must be addressed to Commander(oan), Eighth Coast 
Guard District, Hale Boggs Federal Building, 501Magazine Street, New 
Orleans, Louisiana 70130-3396.
    (f) Enclosures. Applicants shall append on a separate sheetwith each 
application, the description, including manufacturer, ofobstruction 
lights and sound signals.
    (g) Corps of Engineers correspondence. A copy of allcorrespondence 
directed to the District Engineer, Corps of Engineers,U.S. Army, in 
accordance with condition (i) of the Department of theArmy permit, shall 
be forwarded to the District Commander for thoseoperations conducted 
under permits authorizing the erection ofstructures in areas in which 
Class ``A'', Class``B'', or Class ``C'' requirements must bemet.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 61-40, 26 FR 
10353, Nov. 3, 1961; CGFR 65-34, 30 FR9485, 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 thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required, it will be determined inaccordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-35  Eleventh Coast Guard District.

    (a) Description. See Sec. 3.55-1 of thischapter.

[[Page 179]]

    (b) Line of Demarcation. The line of demarcationdescribed in this 
section is for administrative purposes todistinguish between the areas 
in which structures shall be subject toClass ``A'', ``B'', or 
``C''requirements. The line delimits the areas to seaward of which 
class``A'' requirements are imposed. The line of demarcationwithin the 
jurisdiction of the District Commander is defined asfollows:
    (1) Commencing at a point of latitude 41[deg]59.8[min] N.,longitude 
124[deg]19.5[min] W., thence southward along the seawardlimit of the 
territorial sea to;
    (2) A point at latitude 32[deg]32.0[min] N, 
longitude117[deg]11.0[min] W.
    (c) Structures located within a half nautical mile of 
TrafficSeparation Scheme Los Angeles/Long Beach will also be subject to 
class``A'' requirements. The traffic separation scheme isdepicted 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 thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required, it will be determined inaccordance 
with Sec. 67.01-20.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended byCGFR 62-25, 27 FR 
8733, Aug. 31, 1962]



Sec. 67.50-50  Seventeenth Coast Guard District.

    (a) Description. See Sec. 3.85-1 of thischapter.
    (b) Line of demarcation. There is no line of demarcationprescribed 
for this District. When required it will be determined inaccordance with 
Sec. 67.01-20.

[CGFR 68-95, 33 FR 15285, Oct. 15, 1968]



PART 70_INTERFERENCE WITH OR DAMAGE TO AIDS TONAVIGATION--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 toNavigation

70.05-1 General provisions.
70.05-5 Penalty.
70.05-10 Revocation of license.
70.05-15 Liability for damages.
70.05-20 Report required.

    Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84,86, 92, 633, 
642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408,411, 412; 14 U.S.C. 
84, 86, 92, 633, 642).



           Subpart 70.01_Interference With Aids to Navigation



Sec. 70.01-1  General provisions.

    No person, excluding the Armed Forces, shall obstruct or 
interferewith any aid to navigation established and maintained by the 
CoastGuard, or any private aid to navigation established and maintained 
inaccordance 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 bedeemed 
guilty of a misdemeanor and be subject to a fine not exceedingthe sum of 
$500 for each offense, and each day during which suchviolation 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 toNavigation

    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 byfastening 
vessels thereto or otherwise, or in any manner whateverimpair the 
usefulness of any aid to navigation established andmaintained by the 
United States.



Sec. 70.05-5  Penalty.

    Every person and every corporation that shall violate, or thatshall 
knowingly aid, abet, authorize, or instigate a violation of 
theprovisions of Sec. 70.05-1 shall be guilty of amisdemeanor, and

[[Page 180]]

on conviction thereof shall be punished by afine not exceeding $2,500 or 
less than $500, or by imprisonment (incase of a natural person) for not 
less than thirty days nor more thanone year, or both, one half of such 
fine to be paid to the person orpersons giving information which shall 
lead to conviction.



Sec. 70.05-10  Revocation of license.

    Every master, pilot, and engineer, or person or persons acting 
insuch capacity, respectively, on board any boat or vessel who 
shallwillfully injure or destroy an aid to navigation established 
andmaintained by the United States shall be deemed guilty of 
violatingthe provisions of Sec. 70.05-1 and shall uponconviction be 
punished as provided in Sec. 70.05-5and shall also have his license 
revoked or suspended for a term to befixed 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 
inviolating any of the provisions of Sec. 70.05-1 shallbe liable for 
the pecuniary penalties specified inSec. 70.05-5, and in addition 
thereto for the amountof damage done by said boat, vessel, scow, raft or 
other craft, whichmay be proceeded against summarily by way of libel in 
any districtcourt of the United States having jurisdiction thereof.



Sec. 70.05-20  Report required.

    Whenever any vessel collides with an aid to navigation 
establishedand maintained by the United States or any private aid to 
navigationestablished or maintained in accordance with Part 64, 66, 67, 
or 68 ofthis subchapter, or is connected with any such collision, it 
shall bethe duty of the person in charge of such vessel to report the 
accidentto the nearest Officer in Charge, Marine Inspection, in 
accordancewith 46 CFR 4.

[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended byCGFR 61-55, 26 FR 
12572, Dec. 28, 1961; CGD 97-023, 62FR 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; Departmentof Homeland 
Security Delegation No. 0170.1.



                    Subpart 72.01_Notices to Mariners



Sec. 72.01-1  Purpose.

    The Coast Guard issues information concerning the establishment 
ofaids to maritime navigation and the changes, discontinuances, 
anddeficiencies, except temporary deficiencies that are 
easilycorrectable, of aids to maritime navigation maintained and 
operated byor under the authority of the Coast Guard in documents and 
marinebroadcasts having the general title of ``Notice toMariners.'' This 
subpart describes the publications and themarine 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 toand deficiencies 
in aids to navigation that are established ormaintained and operated by 
or under the authority of the Coast Guard,and any other information 
pertaining to the waterways within eachCoast Guard district that is of 
interest to the mariner.
    (b) ``Local Notice to Mariners'' is published andissued weekly by 
each Coast Guard district or more often if there is aneed to notify 
mariners of local waterway information.
    (c) Any person may apply to the local Coast Guard District Officeto 
be

[[Page 181]]

placed on the mailing list for the ``Local Notice toMariners.'' The 
``Local Notice to Mariners'' ismailed to the public free of charge.

    Note to Sec. 72.01-5: You may also accessLocal Notice to Mariners 
free of charge on the Internet from the CoastGuard Navigation Center's 
Web site(http://www.navcen.uscg.gov/[deg]); look for ``LocalNotice to 
Mariners''.

[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended byUSCG-2001-10714, 
69 FR 24984, May 5, 2004]



Sec. 72.01-10  Notice to Mariners.

    (a) ``Notice to Mariners'' is intended to advisemariners of new 
hydrographic discoveries, changes in channels andnavigational aids, and 
information concerning the safety ofnavigation. ``Notice to Mariners'' 
also containsinformation--
    (1) Useful in updating the latest editions of charts andpublications 
of the National Imagery and Mapping Agency, NationalOcean 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, 
andsimilar cooperating observer reports.
    (b) ``Notice to Mariners'' is published weekly by theNational 
Imagery and Mapping Agency. The ``Notice toMariners'' 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 
commercialmaritime sources and upon request to the Defense Logistics 
Agency,Defense Supply Center Richmond, ATTN: JNB, 8000 Jefferson 
DavisHighway, Richmond, VA 23297-5100 or FAX804-279-6510, ATTN: Accounts 
Manager, RMF. Requestshould be based on affirmative need for the 
information.

    Note to Sec. 72.01-10: You may also accessNotice to Mariners 
through the National Geospatial-IntelligenceAgency'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 byUSCG-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 orU.S. 
Navy radio stations to report navigational warnings 
containinginformation of importance to the safety of navigation of 
vessels, suchas the position of ice and derelicts, defects, and changes 
to aids tonavigation, and drifting mines. Radio stations broadcasting 
marineinformation are listed in ``Radio Navigational Aids''(National 
Imagery and Mapping Agency Publication 117) and UnitedStates Coast 
Pilots.
    (b) Any person may purchase ``Radio NavigationalAids'' online from 
the U.S. Government Online Bookstore athttp://bookstore.gpo.gov, by Fax 
at 202-512-2104,or by telephone at 202-512-1800. Send mail 
ordersincluding payment to U.S. Government Printing Office, 
Superintendentof Documents, P.O. Box 371954, Pittsburgh, PA 15250-1954.
    (c) Any person may purchase United States Coast Pilots from 
anyauthorized agent for the sale of National Ocean Service charts 
andpublications whose names and addresses are contained in the 
NationalOcean 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 
inNotices to Mariners when it is known that the defects will becorrected 
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 
theappropriate agency of any change in address, giving both old and 
newaddresses, or

[[Page 182]]

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'' describedin 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 
andpossessions:
    (1) Volume I, Atlantic Coast, from St. Croix River, Maine, 
toShrewsbury 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, 
SouthCarolina, to Econfina River, Florida, including Puerto Rico and 
theU.S. Virgin Islands.
    (4) Volume IV, Gulf of Mexico, from Econfina River, Florida to 
RioGrande, 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, 
andprivate aids to navigation maintained by or under authority of 
theU.S. Coast Guard, which are placed in navigable waters used by 
generalnavigation. The Light Lists do not contain information 
concerningprivate aids to navigation maintained under the authority of 
the U.S.Coast Guard, which are placed in navigable waters not used by 
generalnavigation; nor do they contain information concerning mooring 
buoysand some special marks having no lateral significance such as 
fishnet, 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 byCGFR 63-48, 28 FR 
10379, Sept. 25, 1963; CGD 85-042, 50FR 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 
ofDocuments, Government Printing Office, and can be ordered online 
fromthe U.S. Government Online Bookstore athttp://bookstore.gpo.gov, by 
Fax at 202-512-2104,or by telephone at 202-512-1800. Send mail 
ordersincluding payment to U.S. Government Printing Office, 
Superintendentof Documents, P.O. Box 371954, Pittsburgh, PA 15250-
1954.Notification of publication of a new edition of the Light List 
ispublished in the ``Local Notices to Mariners'' and``Notice to 
Mariners'' for the particular area that iscovered as soon as the edition 
is available for distribution.

[USCG-2001-9286, 66 FR 33640, June 25, 2001, asamended 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 
publicinstitutions.

    Note to Sec. 72.05-10: You may also accessCoast 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 byUSCG-2001-10714, 69 FR 
24984, May 5, 2004]



PART 74_CHARGES FOR COAST GUARD AIDS TONAVIGATION WORK--Table of Contents




                   Subpart 74.01_Charges to the Public

Sec.
74.01-1 Claim for damage, destruction, ordisplacement.

[[Page 183]]

74.01-10 Charges invoiced to owner for markingsunken 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 
displacedfrom its station, a claim shall be made on behalf of the United 
Statesin 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 otherobstructions to navigation.

    Charges for the establishment, maintenance, and replacement by 
theCoast Guard of an aid, either permanent or temporary, to mark a 
sunkenwreck or other obstruction to navigation are calculated to recover 
theCoast Guard costs involved in, or associated with, the 
markingprocess. These charges will be invoiced to the owner of 
theobstruction. Charges for the removal of aids to navigation 
establishedby the Coast Guard will be invoiced to the owner unless the 
DistrictEngineer requests the continued marking of the obstruction. 
Allcharges will be assessed in accordance with Subpart 74.20 of 
thispart.

[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 andin 
accordance with Subpart 74.20 of this part. Where the placement 
oftemporary aids other than those specified is made, a 
reasonableequivalence 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 
theCoast Guard is damaged or destroyed by a private person, such 
personshall pay to the satisfaction of the Coast Guard the cost of 
repair orreplacement of such property. The Coast Guard will accept and 
depositsuch payment in a special account in the Treasury for 
paymenttherefrom of the cost of repairing or replacing the damaged 
property.Funds collected in excess of the cost to make repairs or 
replacementsshall 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 
therequirements of this part are contained in COMDTINST 7310 
(series)which is available from the District Budget Office of the 
appropriateCoast Guard District Commander.
    (b) Buoy and vessel use charges under this part are made for thecost 
or value of time, in hours, consumed by the Government vessel,including 
ship's complement, employed in marking the obstruction. Nocharge for 
time and expense of Coast Guard vessels is made when themarking of the 
obstruction causes only minimal interruption ofroutinely scheduled 
ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983, as amended byUSCG-2000-7223, 65 
FR 40055, June 29, 2000]



PART 76_SALE AND TRANSFER OF AIDS TO NAVIGATIONEQUIPMENT--Table of Contents




                     Subpart 76.01_Sale of Equipment

Sec.
76.01-1 Sale of equipment not readilyprocurable.
76.01-5 Sale of condemned equipment.

                     Subpart 76.10_Federal Agencies

76.10-1 Exemption.


[[Page 184]]


    Authority: Sec. 92, 63 Stat. 503; sec. 641, 63Stat. 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 apparatusor 
equipment to foreign, state, or municipal governments ordepartments 
thereof; parties required to maintain private aids tonavigation to mark 
wrecks, piers, or other obstructions; contractorsengaged on public 
works; and in other cases in which in the judgmentof the Commandant the 
public interest may be served: Provided:
    (a) Such equipment has not been reported by the Coast Guard to 
theGeneral Services Administration as excess (if the equipment has 
beenreported to the General Services Administration as excess, 
theCommandant will submit the request to that administration for 
furtheraction); and
    (b) Such equipment is not readily procurable in the open 
market.Requests to purchase such apparatus or equipment shall give 
sufficientreasons why the article or articles cannot be readily procured 
in theopen market. If the Commandant considers that an article can 
bereadily procured in the open market the prospective purchaser will 
beso informed, and given the names of dealers or manufacturers. 
Salesshall be invoiced at cost plus 25 percent for overhead. Proceeds 
ofsuch sales shall be deposited in the Treasury to the credit of 
thecurrent appropriation for operating expenses, Coast Guard.



Sec. 76.01-5  Sale of condemned equipment.

    When any condemned supplies, materials, or equipment cannot 
beprofitably used in work of the Coast Guard, they will be disposed 
ofunder appropriate regulations of the General Services 
Administration.Applications for purchase of such materials may be 
submitted to theCommandant who will process them for further action 
under theapplicable regulations.



                     Subpart 76.10_Federal Agencies



Sec. 76.10-1  Exemption.

    Nothing in this part shall be construed to affect the 
regulationsconcerning the transfer of supplies, materials, equipment, or 
landbetween other Federal agencies.

[[Page 185]]

                                  INDEX

                       SUBCHAPTER C_AIDS TO NAVIGATION

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

Action by Coast Guard...........................................66.01-15
Aids to Navigation on Artificial Islands and FixedStructures.....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 sound 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 
otherobstructions 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 186]]

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 
forprivate 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 otherObstructions.....Part 64

[[Page 187]]

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.....Subpart66.01
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 188]]

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 189]]



               SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES





Special Note_Application of the 72 COLREGS toterritories and possessions.--Table of Contents




    a. Article III of the Convention on the International Regulationsfor 
Preventing Collisons at Sea, 1972 (72 COLREGS), done at London,October 
20, 1972, as rectified by Proces-Verbal of December 1, 1973,provides 
that a party may notify the Secretary-General of theInternational 
Maritime Organization (IMO, formerly Inter-GovernmentalMaritime 
Consultative Organization or IMCO) that it extends theapplication of the 
Convention to territory for which it is responsiblefor international 
relations. Since it is the intention of the UnitedStates that the 72 
COLREGS apply to all U.S. territories andpossessions to the same extent 
that the International Regulations forPreventing Collisions at Sea, 1960 
(60 COLREGS) (16 USC 794, TIAS5813) previously applied, the United 
States has given notice to theSecretary-General that the provisions of 
the 1972 COLREGS areapplicable on July 15, 1977, to the following 
territories andpossessions for which the United States is responsible 
forinternational 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 
Conventionhave notified the Secretary-General that application of 72 
COLREGS isextended. These parties with their territorial extensions are 
listedin Table 1.

      Table 1. Territorial Extensions of Other Partiesto 72 COLREGS
------------------------------------------------------------------------
                                                Territories to which
            Party to convention                72COLREGS are extended
------------------------------------------------------------------------
United Kingdom............................  Hong Kong.
------------------------------------------------------------------------

    Because earlier formulations of the COLREGS were not elaborated 
astreaties, they came into force by the almost simultaneous enactment 
ofdomestic legislation by the majority of maritime nations. The 
COLREGSwere judicially considered as being customary international law, 
thatis to say international law based upon the consensus of 
maritimenations rather than upon an express instrument. Because 72 
COLREGS waselaborated as a treaty, and under usual treaty practice only 
partiesare bound, there may be a period of time after the 72 COLREGS 
comeinto force during which the ships of a nation not party to 72 
COLREGSmight not be considered as being bound to comply with the 
convention.While it is most likely that the 72 COLREGS will rapidly 
achieve thestatus of customary international law, thereby obviating any 
concernon the part of the mariner as to whether a particular nation is 
aparty, it does not necessarily follow that the courts in all 
nationswill apply 72 COLREGS to the vessels of a non-party nation. In 
theabsence of changes in their domestic law there may be certain 
nationsthat will feel compelled to continue 60 COLREGS in force, despite 
thecoming into force of 72 COLREGS.
    The following nations are Contracting Parties for which 72 
COLREGSwill apply upon the Convention's entry into force:

Algeria
Bahamas
Belgium
Brazil
Bulgaria
Canada
Denmark
Finland
France
German Democratic Republic
Germany, FederalRepublic
Ghana
Greece
Hungary
Iceland
India
Liberia
Mexico
Monaco
Netherlands
New Zealand
Nigeria
Norway
Papua NewGuinea
Poland
Romania
SouthAfrica
Spain
Sweden
Switzerland
Syrian Arab Republic
USSR
UnitedKingdom
United States
Yugloslavia
Zaire

    The following nations have accepted the 60 COLREGS but are 
notContracting 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
LibyanArabRepublic

[[Page 190]]


Madagascar
Maldives
Morocco
Oman
Pakistan
Paraguay
Peru
Philippines
Portugal
Republic ofKorea
Singapore
Surinam
Tonga
Trinidad
Tobago
Tunisia
Turkey
United Republic of
Cameroon

[CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated byCGD 81-017, 46 FR 
28153, May 26, 1981; CGD 95-053, 61 FR9, 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, DE 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 191]]

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 FR28154, May 26, 1981.

                                 General



Sec. 80.01  General basis and purpose of demarcation lines.

    (a) The regulations in this part establish the lines ofdemarcation 
delineating those waters upon which mariners shall complywith the 
International Regulations for Preventing Collisions at Sea,1972 (72 
COLREGS) and those water upon which mariners shall complywith the Inland 
Navigation Rules.
    (b) The waters inside of the lines are Inland Rules waters. 
Thewaters outside the lines are COLREGS waters.
    (c) Geographic coordinates expressed in terms of latitude 
orlongitude, or both, are not intended for plotting on maps or 
chartswhose referenced horizontal datum is the North American Datum of 
1983(NAD 83), unless such geographic coordinates are expressly labeled 
NAD83. Geographic coordinates without the NAD 83 reference may be 
plottedon maps or charts referenced to NAD 83 only after application of 
theappropriate corrections that are published on the particular map 
orchart being used.

[CGD 82-029, 47 FR 19519, May 6, 1982, as amended byCGD 83-003, 48 FR 
7442, Feb. 18, 1983; CGD 86-082, 52 FR33810, 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 
theeast coast of Maine from International Bridge at Calais, ME to 
thesouthwesternmost extremity of Bald Head at Cape Small.



Sec. 80.110  Casco Bay, ME.

    (a) A line drawn from the southwesternmost extremity of Bald Headat 
Cape Small to the southeasternmost extremity of Ragged Island;thence to 
the southern tangent of Jaquish Island thence to Little MarkIsland 
Monument Light; thence to the northernmost extremity of JewellIsland.
    (b) A line drawn from the tower on Jewell Island charted 
inapproximate position latitude 43[deg]40.6[min] N. longitude

[[Page 192]]

70[deg]05.9[min] W. to the northeasternmost extremity of OuterGreen 
Island.
    (c) A Line drawn from the southwesternmost extremity of OuterGreen 
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 theeast coast 
of Maine, New Hampshire, and Massachusetts from PortlandHead to Halibut 
Point at Cape Ann.
    (b) A line drawn from the southernmost tower on Gerrish 
Islandcharted in approximate position latitude 43[deg]04.0[min] 
N.longitude 70[deg]41.2[min] W. to Whaleback Light; thence to 
JaffreyPoint Light 2A; thence to the northeasternmost extremity of 
FrostPoint.
    (c) A line drawn from the northernmost extremity of Farm Point 
toAnnisquam Harbor Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 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 eastcoast 
of Massachusetts from Halibut Point at Cape Ann to MarbleheadNeck.
    (b) A line drawn from Gloucester Harbor Breakwater Light to thetwin 
towers charted in approximate position latitude42[deg]35.1[min] N. 
longitude 70[deg]41.6[min] W.
    (c) A line drawn from the westernmost extremity of Gales Point tothe 
easternmost extremity of House Island; thence to Bakers IslandLight; 
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 
eastcoast of Massachusetts from Marblehead Neck to the easternmost 
towerat 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. Redesignatedby 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 
inapproximate position latitude 42[deg]25.4[min] N., 
longitude70[deg]54.6[min] W., to Boston Lighted Horn Buoy ``B'';thence 
to the esternmost radio tower at Hull, charted in approximateposition 
latitude 42[deg]16.7[min] N., longitude 70[deg]52.6[min]W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignatedby 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 
COLREGSapply on the harbors, bays, and inlets on the east coast 
ofMassachusetts from the easternmost radio tower at Hull, charted 
inapproximate position latitude 42[deg]16.7[min] N., 
longitude70[deg]52.6[min] W., to Race Point on Cape Cod.
    (b) A line drawn from Canal Breakwater Light 4 south to 
theshoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended byCGD 79-066, 45 FR 
15176, Mar. 10, 1980. Redesignated by CGD81-017, 46 FR 28154, May 26, 
1981, and amended by CGD84-091, 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 inletsalong the 
coast of Cape Cod and the southern coasts of Massachusettsand Rhode 
Island from Race Point to Watch Hill.
    (b) A line drawn from Nobska Point Light to Tarpaulin Cove Lighton 
the southeastern side of Naushon Island; thence from thesouthernmost 
tangent of Naushon Island to the easternmost extremity ofNashawena 
Island; thence from the southwestern most extremity ofNashawena Island 
to the easternmost extremity of Cuttyhunk Island;thence from the 
southwestern tangent of Cuttyhunk Island to the toweron Gooseberry Neck 
charted in approximate position latitude41[deg]29.1[min] N. longitude 
71[deg]02.3[min] W.

[[Page 193]]

    (c) A line drawn from Sakonnet Breakwater Light 2 tangent tothe 
southernmost part of Sachuest Point charted in approximateposition 
latitude 41[deg]28.5[min] N. longitude 71[deg]14.8[min]W.
    (d) An east-west line drawn through Beavertail Light betweenBrenton 
Point and the Boston Neck shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended byCGD 79-036, 44 FR 
22458, Apr. 16, 1979. Redesignated by CGD81-017, 46 FR 28154, May 26, 
1981, and amended by CGD84-091, 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 
FishersIsland.
    (b) A line drawn from Race Point to Race Rock Light; thence toLittle 
Gull Island Light thence to East Point on Plum Island.
    (c) A line drawn from Plum Island Harbor East Dolphin Light toPlum 
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 endof 
Long Beach Point to Cornelius Point.
    (f) A line drawn from Coecles Harbor Entrance Light to SungicPoint.
    (g) A line drawn from Nichols Point to Cedar Island Light.
    (h) A line drawn from Threemile Harbor West Breakwater Light 
toThreemile Harbor East Breakwater Light.
    (i) A line drawn from Montauk West Jetty Light 1 to Montauk 
EastJetty 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 Lightto 
Shinnecock Inlet West Breakwater Light 1.
    (b) A line drawn from Moriches Inlet East Breakwater Light 
toMoriches 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 
westernend of Oak Beach.
    (d) A line drawn from Jones Inlet Light 322[deg] true across 
thesouthwest tangent of the island on the north side of Jones Inlet 
tothe 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 SandyHook 
Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 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 2to 
Shark River Inlet South Breakwater Light 1.
    (b) A line drawn from Manasquan Inlet North Breakwater Light 4 
toManasquan Inlet South Breakwater Light 3.
    (c) A line drawn from Barnegat Inlet North Breakwater Light 4A tothe 
seaward extremity of the submerged Barnegat Inlet SouthBreakwater; 
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 tothe 
seaward tangent to Pullen Island across Beach Haven and Little 
EggInlets.
    (b) A line drawn from the seaward tangent of Pullen Island to 
theseaward tangent of Brigantine Island across Brigantine Inlet.

[[Page 194]]

    (c) A line drawn from the seaward extremity of Absecon Inlet.
    (d) A line drawn from the southernmost point of Longport atlatitude 
39[deg]18.2[min] N. longitude 74[deg]33.1[min] W. to thenortheasternmost 
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 
highwatershoreline across Corson Inlet.
    (f) A line formed by the centerline of the Townsend Inlet 
HighwayBridge.
    (g) A line formed by the shoreline of Seven Mile Beach andHereford 
Inlet Light.
    (h) A line drawn from Cape May Inlet East Jetty Light 4 to CapeMay 
Inlet West Jetty Light 5.

[CGD 87-008b, 52 FR 25218, July 6, 1987, as amended byCGD 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; thenceto 
the northernmost extremity of Cape Henlopen.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.505  Cape Henlopen, DE to Cape Charles, VA.

    (a) A line drawn from the seaward extremity of Indian River 
InletNorth Jetty to Indian River Inlet South Jetty Light.
    (b) A line drawn from Ocean City Inlet Light 6, 225[deg] trueacross 
Ocean City Inlet to the submerged south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to the 
towercharted 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 
andParramore Beach Lookout Tower drawn across Wachapreague Inlet.
    (e) A line drawn from the lookout tower charted on the northernend 
of Hog Island to the seaward tangent of Parramore Beach.
    (f) A line drawn 207[deg] true from the lookout tower charted onthe 
southern end of Hog Island across Great Machipongo Inlet.
    (g) A line formed by the range of the two cupolas charted on 
thesouthern end of Cobb Island drawn across Sand Shoal Inlet.
    (h) Except as provided elsewhere in this section from CapeHenlopen 
to Cape Charles, lines drawn parallel with the general trendof the 
highwater shoreline across the entrances to small bays andinlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 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 InletJetty 
Light 1.
    (b) A line formed by the centerline of the highway bridge 
acrossOregon Inlet.



Sec. 80.520  Cape Hatteras, NC to Cape Lookout, NC.

    (a) A line drawn from Hatteras Inlet Lookout Tower at 
latitude35[deg]11.8[min] N. longitude 75[deg]44.9[min] W. 255[deg] 
trueto the eastern end of Ocracoke Island.
    (b) A line drawn from the westernmost extremity of Ocracoke Islandat 
latitude 35[deg]04.0[min] N. longitude 76[deg]00.8[min] W. tothe 
northeastern extremity of Portsmouth Island at latitude35[deg]03.7[min] 
N. longitude 76[deg]02.3[min] W.
    (c) A line drawn across Drum Inlet parallel with the general trendof 
the highwater shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 51 FR 21748, June 16, 
1986; CGD 94-011, 63 FR5731, 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 
ofthe southeastern end of Shackleford Banks.

[[Page 195]]

    (b) A line drawn from Morehead City Channel Range Front Lightto the 
seaward extremity of the Beaufort Inlet west jetty.
    (c) A line drawn from the southernmost extremity of Bogue Banks 
atlatitude 34[deg]38.7[min] N. longitude 77[deg]06.0[min] W. acrossBogue 
Inlet to the northernmost extremity of Bear Beach at 
latitude34[deg]38.5[min] N. longitude 77[deg]07.1[min] W.
    (d) A line drawn from the southeasternmost extremity on thesouthwest 
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 theshoreline on the 
northeast side on New River Inlet.
    (e) A line drawn across New Topsail Inlet between the 
closestextremities of the shore on either side of the inlet from 
latitude34[deg]20.8[min] N. longitude 77[deg]39.2[min] W. to 
latitude34[deg]20.6[min] N. longitude 77[deg]39.6[min] W.
    (f) A line drawn from the seaward extremity of the jetty on 
thenortheast side of Masonboro Inlet to the seaward extremity of 
thejetty on the southeast side of the Inlet.
    (g) Except as provided elsewhere in this section from Cape Lookoutto 
Cape Fear, lines drawn parallel with the general trend of thehighwater 
shoreline across the entrance of small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 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 inapproximate 
position latitude 33[deg]52.4[min] N. longitude78[deg]00.1[min] W. 
across the Cape Fear River Entrance to OakIsland Light.
    (b) Except as provided elsewhere in this section from Cape Fear 
toLittle River Inlet, lines drawn parallel with the general trend of 
thehighwater 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 spiton 
Bird Island to the easternmost extremity of Waties Island acrossLittle 
River Inlet.
    (b) From Little River Inlet, a line drawn parallel with thegeneral 
trend of the highwater shoreline across Hog Inlet; thence aline drawn 
across the seaward ends of the Murrels Inlet jetties;thence a line drawn 
parallel with the general trend of the highwatershoreline across Midway 
Inlet, Pawleys Inlet, and North Inlet.
    (c) A line drawn from the charted position of Winyah Bay NorthJetty 
End Buoy 2N south to the Winyah Bay South Jetty.
    (d) A line drawn from Santee Point to the seaward tangent of 
CedarIsland.
    (e) A line drawn from Cedar Island Point west to Murphy Island.
    (f) A north-south line (longitude 79[deg]20.3[min] W.) drawnfrom 
Murphy Island to the northernmost extremity of Cape Island Point.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD89-068, 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 Romain292[deg] 
true to Racoon Key on the west side of Racoon Creek.
    (b) A line drawn from the westernmost extremity of Sandy Pointacross 
Bull Bay to the northernmost extremity of Northeast Point.
    (c) A line drawn from the southernmost extremity of Bull Island 
tothe easternmost extremity of Capers Island.
    (d) A line formed by the overhead power cable from Capers Islandto 
Dewees Island.
    (e) A line formed by the overhead power cable from Dewees Islandto 
Isle of Palms.
    (f) A line formed by the centerline of the highway bridge 
betweenIsle 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 tothe 
west end of the north jetty.

[[Page 196]]

    (b) A line drawn from across the seaward extremity of theCharleston 
Harbor Jetties.
    (c) A line drawn from the west end of the South Jetty across 
theSouth Entrance to Charleston Harbor to shore on a line formed by 
thesubmerged 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 
theabandoned 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 
Islandthrough Folly River Daybeacon 10 across Stono River to the 
shorelineof Sandy Point.
    (c) A line drawn from the southernmost extremity of SeabrookIsland 
257[deg] true across the North Edisto River Entrance to theshore of 
Botany Bay Island.
    (d) A line drawn from the microwave antenna tower on Edisto 
Beachcharted in approximate position latitude 32[deg]29.3[min] 
N.longitude 80[deg]19.2[min] W. across St. Helena Sound to theabandoned 
lighthouse tower on Hunting Island.
    (e) A line formed by the centerline of the highway bridge 
betweenHunting Island and Fripp Island.
    (f) A line drawn from the westernmost extremity of Bull Point 
onCapers Island to Port Royal Sound Channel Range Rear Light, 
latitude32[deg]13.7[min] N. longitude 80[deg]36.0[min] W.; 
thence259[deg] true to the easternmost extremity of Hilton Head at 
latitude32[deg]13.0[min] N. longitude 80[deg]40.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.715  Savannah River.

    A line drawn from the southernmost tank on Hilton Head Islandcharted 
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.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended byUSCG-2008-0179, 73 FR 35002, June 
19, 2008]



Sec. 80.717  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beachon 
Tybee Island 255[deg] true across Tybee Inlet to the shore ofLittle 
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A straight line drawn from the northeasternmost extremity 
ofWassaw Island 031[deg] true through Tybee River Daybeacon 1 to 
theshore of Little Tybee Island.
    (c) A line drawn approximately parallel with the general trend ofthe 
highwater shorelines from the seaward tangent of Wassau Island tothe 
seaward tangent of Bradley Point on Ossabaw Island.
    (d) A north-south line (longitude 81[deg]8.4[min] W.) drawn fromthe 
southernmost extremity of Ossabaw Island to St. Catherines Island.
    (e) A north-south line (longitude 81[deg]10.6[min] W.) drawnfrom the 
southernmost extremity of St. Catherines Island to NortheastPoint on 
Blackbeard Island.
    (f) A line following the general trend of the seaward 
highwatershoreline across Cabretta Inlet.
    (g) A north-south line (longitude 81[deg]16.9[min] W.) drawnfrom the 
south-westernmost point on Sapelo Island to Wolf Island.
    (h) A north-south line (longitude 81[deg]17.1[min] W.) drawnfrom the 
south-easternmost point of Wolf Island to thenortheasternmost point on 
Little St. Simons Island.
    (i) A line drawn from the northeasternmost extremity of Sea 
Island045[deg] true to Little St. Simons Island.
    (j) An east-west line from the southernmost extremity of SeaIsland 
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 
onJekyll Island charted in approximate position latitude31[deg]05.9[min] 
N. longitude 81[deg]24.5[min] W.
    (b) A line drawn from the southernmost tank on Jekyll Islandcharted 
in approximate position latitude 31[deg]01.6[min] N.longitude 
81[deg]25.2[min] W. to coordinate latitude30[deg]59.4[min] N. longitude 
81[deg]23.7[min] W.

[[Page 197]]

(0.5nautical mile east of the charted position of St. Andrew Sound 
LightedBuoy 32); thence to the abandoned lighthouse tower on the north 
end ofLittle Cumberland Island charted in approximate position 
latitude30[deg]58.5[min] N. longitude 81[deg]24.8[min] W.
    (c) A line drawn across the seaward extremity of the St. MarysRiver 
Entrance Jetties.



Sec. 80.723  Amelia Island, FL to Cape Canaveral, FL.

    (a) A line drawn from the southernmost extremity of Amelia Islandto 
the northeasternmost extremity of Little Talbot Island.
    (b) A line formed by the centerline of the highway bridge fromLittle 
Talbot Island to Fort George Island.
    (c) A line drawn across the seaward extremity of the St. JohnsRiver 
Entrance Jetties.
    (d) A line drawn across the seaward extremity of the St. 
AugustineInlet Jetties.
    (e) A line formed by the centerline of the highway bridge 
overMatanzas Inlet.
    (f) A line drawn across the seaward extremity of the Ponce de 
LeonInlet Jetties.



Sec. 80.727  Cape Canaveral, FL to Miami Beach, FL.

    (a) A line drawn across the seaward extremity of the PortCanaveral 
Entrance Channel Jetties.
    (b) A line drawn across the seaward extremity of the SebastianInlet 
Jetties.
    (c) A line drawn across the seaward extremity of the Fort 
PierceInlet Jetties.
    (d) A north-south line (longitude 80[deg]09.7[min] W.) drawnacross 
St. Lucie Inlet.
    (e) A line drawn from the seaward extremity of Jupiter Inlet 
NorthJetty to the northeast extremity of the concrete apron on the 
southside of Jupiter Inlet.
    (f) A line drawn across the seaward extremity of the Lake WorthInlet 
Jetties.
    (g) A line drawn across the seaward extremity of the Boynton 
InletJetties.
    (h) A line drawn from Boca Raton Inlet North Jetty Light 2 to 
BocaRaton Inlet South Jetty Light 1.
    (i) A line drawn from Hillsboro Inlet Light to Hillsboro 
InletEntrance Light 2; thence to Hillsboro Inlet Entrance Light 1; 
thencewest to the shoreline.
    (j) A line drawn across the seaward extremity of the PortEverglades 
Entrance Jetties.
    (k) A line formed by the centerline of the highway bridge overBakers 
Haulover Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.730  Miami Harbor, FL.

    A line drawn across the seaward extremity of the Miami 
HarborGovernment Cut Jetties.



Sec. 80.735  Miami, FL to Long Key, FL.

    (a) A line drawn from the southernmost extremity of Fisher 
Island212[deg] true to the point latitude 25[deg]45.0[min] N. 
longitude80[deg]08.6[min] W. on Virginia Key.
    (b) A line formed by the centerline of the highway bridge 
betweenVirginia Key and Key Biscayne.
    (c) A line drawn from Cape Florida Light to the 
northernmostextremity on Soldier Key.
    (d) A line drawn from the southernmost extremity on Soldier Key 
tothe northernmost extremity of the Ragged Keys.
    (e) A line drawn from the Ragged Keys to the southernmostextremity 
of Angelfish Key following the general trend of the seawardshoreline.
    (f) A line drawn on the centerline of the Overseas Highway (U.S.1) 
and bridges from latitude 25[deg]19.3[min] N. longitude80[deg]16.0[min] 
W. at Little Angelfish Creek to the radar domecharted on Long Key at 
approximate position latitude24[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 FR21748, June 16, 1986; CGD 89-068, 
55 FR 31831, Aug. 6, 1990]

[[Page 198]]

                     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 ofPuerto 
Rico and the U.S. Virgin Islands.
    (b) A line drawn from Puerto San Juan Light to 
position18[deg]28[min]30[sec] N, 066[deg]08[min]24[sec] W, at 
thenorthwest extent of Isla de Cabras across the entrance of San 
JuanHarbor.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended byUSCG-2008-0179, 73 FR 35002, June 
19, 2008]

                               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 
atapproximate position latitude 24[deg]48.8[min] N. 
longitude80[deg]49.6[min] W. to Long Key Light 1; thence to Arsenic 
BankLight 2; thence to Sprigger Bank Light 5; thence to Schooner 
BankLight 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 RiverLight 1; thence to westernmost extremity of Shark Point; 
thencefollowing the general trend of the mainland, highwater 
shorelinecrossing the entrances of Harney River, Broad Creek, Broad 
River,Rodgers River First Bay, Chatham River, Huston River, to the 
shorelineat coordinate latitude 25[deg]41.8[min] N. 
longitude81[deg]17.9[min] W.
    (b) The 72 COLREGS shall apply to the waters surrounding the 
TenThousand Islands and the bays, creeks, inlets, and rivers 
betweenChatham Bend and Marco Island except inside lines 
specificallydescribed 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 tothe 
general trend of the shoreline.
    (e) A line formed by the centerline of Highway 92 Bridge atGoodland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 generaltrend 
of the seaward, highwater shoreline.
    (b) A line drawn from the northwesternmost extremity of 
CoconutIsland 000[deg]T across Capri Pass.
    (c) Lines drawn across Hurricane and Little Marco Passes parallelto 
the general trend of the seaward, highwater shoreline.
    (d) A line from the seaward extremity of Gordon Pass South 
Jetty014[deg] true to the shoreline at approximate coordinate 
latitude26[deg]05.7[min] N. longitude 81[deg]48.1[min] W.
    (e) A line drawn across the seaward extremity of Doctors 
PassJetties.
    (f) Lines drawn across Wiggins, Big Hickory, New, and Big 
CarlosPasses parallel to the general trend of the seaward 
highwatershoreland.
    (g) A straight line drawn from Sanibel Island Light throughMatanzas 
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, asamended 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 overBlind 
Pass, between Captiva Island and Sanibel Island, and lines drawnacross 
Redfish and Captiva Passes parallel to the general trend of theseaward, 
highwater shorelines.

[[Page 199]]

    (b) A line drawn from La Costa Test Pile North Light to PortBoca 
Grande Light.
    (c) Lines drawn across Gasparilla and Stump Passes parallel to 
thegeneral 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 generaltrend 
of the seaward, highwater shoreline.
    (f) A line drawn from Big Sarasota Pass Light 14 to thesouthernmost 
extremity of Lido Key.
    (g) A line drawn across New Pass tangent to the seaward, 
highwatershoreline 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 Pointto 
the southeasternmost extremity of Egmont Key.
    (j) A straight line drawn from Egmont Key Light through 
EgmontChannel Range Rear Light to the shoreline on Mullet Key.
    (k) A line drawn from the northernmost extremity of Mullet Keyacross 
Bunces Pass and South Channel to Pass-a-Grille Channel Light 8;thence to 
Pass-a-Grille Channel Daybeacon 9; thence to thesouthwesternmost 
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; CGD93-071, 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 andLong 
Key, parallel with the general trend of the seaward, highwatershorline.
    (b) Lines formed by the centerline of the highway bridges overJohns 
and Clearwater Passes.
    (c) A line drawn across Dunedin and Hurricane Passes parallel 
withthe general trend of the seaward, highwater shoreline.
    (d) A line drawn from the northernmost extremity of HoneymoonIsland 
to Anclote Anchorage South Entrance Light 7; thence to AncloteKey 
28[deg]10.0[min] N. 82[deg]50.6[min] W; thence a straight linethrough 
Anclote River Cut B Range Rear Light to the shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 21748, June 16, 
1986; CGD 93-071, 58 FR65668, 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, andrivers 
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, the72 
COLREGS shall apply on the bays, bayous, creeks, and marinas fromthe 
Suncoast Keys to Horseshoe Point.
    (b) A line formed by the centerline of Highway 44 Bridge over 
theSalt River.
    (c) A north-south line drawn through Crystal River EntranceDaybeacon 
25 across the river entrance.
    (d) A north-south line drawn through the Cross Florida Barge 
CanalDaybeacon 48 across the canal.
    (e) A north-south line drawn through Withlacoochee River Daybeacon40 
across the river.
    (f) A line drawn from the westernmost extremity of South Pointnorth 
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 HogIsland.
    (h) A north-south line drawn through Suwannee River Wadley 
PassChannel Daybeacons 30 and 31 across the Suwannee River.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.760  Horeshoe Point, FL to Rock Island, FL.

    (a) Except inside lines specifically described provided in 
thissection, the 72

[[Page 200]]

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 eastacross 
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 
theopposite shore.
    (b) A line drawn from Gamble Point Light to the 
southernmostextremity of Cabell Point.
    (c) A line drawn from St. Mark's Range Rear Light to St. 
Mark'sChannel Light 11; thence to the southernmost extremity of Live 
OakPoint; thence in a straight line through Shell Point Light to 
thesouthernmost extremity of Ochlockonee Point; thence to Bald 
Pointalong longitude 84[deg]20.5[min] W.
    (d) A line drawn from the south shore of Southwest Cape atlongitude 
84[deg]22.7[min] W. to Dog Island Reef East Light 1;thence to Turkey 
Point Light 2; thence to the easternmost extremity ofDog Island.
    (e) A line drawn from the westernmost extremity of Dog Island tothe 
easternmost extremity of St. George Island.
    (f) A line drawn across the seaward extremity of the St. 
GeorgeIsland Channel Jetties.
    (g) A line drawn from the northwesternmost extremity of SandIsland 
to West Pass Light 7.
    (h) A line drawn from the westernmost extremity of St. VincentIsland 
to the southeast, highwater shoreline of Indian Peninsula atLongitude 
85[deg]13.5[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 7787, Mar. 6, 
1986; USCG-2008-0179,73 FR 35002, June 19, 2008]



Sec. 80.810  Cape San Blas, FL to Perdido Bay, FL.

    (a) A line drawn from St. Joseph Bay Entrance Range A Rear 
Lightthrough St. Joseph Bay Entrance Range B Front Light to St. 
JosephPoint.
    (b) A line drawn across the mouth of Salt Creek as an extension 
ofthe 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 
Island000[deg] T. to the mainland.
    (d) A line drawn from the easternmost extremity of Shell 
Island120[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 
BayEntrance Jetties.
    (f) A line drawn between the seaward end of the Choctawatchee 
BayEntrance Jetties.
    (g) An east-west line drawn from Fort McRee Leading Light acrossthe 
Pensacola Bay Entrance along latitude 30[deg]19.5[min] N.
    (h) A line drawn between the seaward end of the Perdido PassJetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 anextension 
of the general trend of the shoreline.
    (b) A line drawn from Mobile Point Light to Dauphin Island 
ChannelLight No. 1 to the eastern corner of Fort Gaines at Pelican 
Point.
    (c) A line drawn from the western-most extremity of Dauphin Islandto 
the easternmost extremity of Petit Bois Island.
    (d) A line drawn from Horn Island Pass Entrance Range Front Lighton 
Petit Bois Island to the easternmost extremity of Horn Island.
    (e) An east-west line (latitude 30[deg]14.7[min] N.) drawnbetween 
the westernmost extremity of Horn Island to the easternmostextremity of 
Ship Island.
    (f) A curved line drawn following the general trend of theseaward, 
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 201]]

the Chandeleur Islands to the island atlatitude 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. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR31831, 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., 
longitude88[deg]55.6[min] W. to latitude 29[deg]10.6[min] N., 
longitude88[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., 
longitude89[deg]04.3[min] W.; to latitude 28[deg]57.3[min] N., 
longitude89[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 generaltrend of the 
seaward highwater shoreline in a northwesterly directionto latitude 
29[deg]03.4[min] N., longitude 89[deg]13.0[min] W.;thence west to 
latitude 29[deg]03.5[min] N., longitude89[deg]15.5[min] W.; thence 
following the general trend of theseaward highwater shoreline in a 
southwesterly direction to latitude28[deg]57.7[min] N., longitude 
89[deg]22.3[min] W.
    (c) A line drawn from latitude 28[deg]57.7[min] N., 
longitude89[deg]22.3[min] W.; to latitude 28[deg]51.4[min] N., 
longitude89[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 ofthe 
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 JettyLight 4 
to Mississippi River South Pass West Jetty Light; thencefollowing the 
general trend of the seaward highwater shoreline in anorthwesterly 
direction to coordinate latitude 29[deg]03.4[min] N.longitude 
89[deg]13.0[min] W.; thence west to coordinate latitude29[deg]03.5[min] 
N., longitude 89[deg]15.5[min] W., thencefollowing the general trend of 
the seaward, highwater shoreline in asouthwesterly direction to 
Mississippi River Southwest Pass EntranceLight.
    (e) A line drawn from Mississippi River Southwest Pass 
EntranceLight; thence to the seaward extremity of the Southwest Pass 
WestJetty located at coordinate latitude 28[deg]54.5[min] N. 
longitude89[deg]26.1[min] W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR31831, 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 
PassWest Jetty located at coordinate latitude 28[deg]54.5[min] 
N.longitude 89[deg]26.1[min] W.; thence following the general trend 
ofthe seaward, highwater jetty and shoreline in a north, 
northeasterlydirection to Old Tower latitude 28[deg]58.8[min] N. 
longitude89[deg]23.3[min] W.; thence to West Bay light; thence to 
coordinatelatitude 29[deg]05.2[min] N. longitude 89[deg]24.3[min] W.; 
thencea curved line following the general trend of the highwater 
shorelineto Point Au Fer Island except as otherwise described in this 
section.
    (b) A line drawn across the seaward extremity of the EmpireWaterway 
(Bayou Fontanelle) entrance jetties.
    (c) An east-west line drawn from the westernmost extremity ofGrand 
Terre Islands in the direction of 194[deg] true to the GrandIsle Fishing 
Jetty Light.
    (d) A line drawn between the seaward extremity of the Belle 
PassJetties.
    (e) A line drawn from the westernmost extremity of the 
TimbalierIsland to the easternmost extremity of Isles Dernieres.
    (f) A south-north line drawn from Caillou Bay Light 13 acrossCaillou 
Boca.
    (g) A line drawn 107[deg] true from Caillou Bay Boat LandingLight 
across the entrances to Grand Bayou du Large and Bayou GrandCaillou.
    (h) A line drawn on an axis of 103[deg] true through TaylorsBayou 
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. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 Light34, 
to

[[Page 202]]

Point Au Fer Reef Light 33; thence to Atchafalaya BayPipeline Light D 
latitude 29[deg]25.0[min] N. longitude91[deg]31.7[min] W.; thence to 
Atchafalaya Bay Light 1 latitude29[deg]25.3[min] N. longitude 
91[deg]35.8[min] W.; thence to SouthPoint.
    (b) Lines following the general trend of the highwater 
shorelinedrawn across the bayou and canal inlets from the Gulf of 
Mexicobetween South Point and Calcasieu Pass except as otherwise 
describedin this section.
    (c) A line drawn on an axis of 140[deg] true through SouthwestPass 
Vermillion Bay Light 4 across Southwest Pass.
    (d) A line drawn across the seaward extremity of the FreshwaterBayou 
Canal Entrance Jetties.
    (e) A line drawn from Mermentau Channel East Jetty Light 6 
toMermentau Channel West Jetty Light 7.
    (f) A line drawn from the radio tower charted in approximateposition 
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 CalcasieuPass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 theseaward 
end of the Sabine Pass West Jetty.
    (b) Lines drawn across the small boat passes through the SabinePass 
East and West Jetties.
    (c) A line formed by the centerline of the highway bridge 
overRollover Pass at Gilchrist.



Sec. 80.845  Galveston, TX to Freeport, TX.

    (a) A line drawn from Galveston North Jetty Light 6A to 
GalvestonSouth Jetty Light 5A.
    (b) A line formed by the centerline of the highway bridge over 
SanLuis Pass.
    (c) Lines formed by the centerlines of the highway bridges overthe 
inlets to Christmas Bay (Cedar Cut) and Drum Bay.
    (d) A line drawn from the seaward extremity of the Freeport 
NorthJetty 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. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 
drawncontinuing the general trend of the seaward, highwater 
shorelinesacross the inlets to Brazos River Diversion Channel, San 
BernardRiver, 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 
ShipChannel North Jetties.
    (c) A line drawn from the seaward tangent of Matagorda Peninsulaat 
Decros Point to Matagorda Light.
    (d) A line drawn across the seaward extremity of the Aransas 
PassJetties.
    (e) A line drawn across the seaward extremity of the PortMansfield 
Entrance Jetties.
    (f) A line drawn across the seaward extremity of the BrazosSantiago 
Pass Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 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 CatalinaIsland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1104  San Diego Harbor, CA.

    A line drawn from Zuniga Jetty Light ``V'' to ZunigaJetty Light 
``Z''; thence to Point Loma Light.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated byCGD 87-008b, 52 FR 
25218, July 6, 1987]

[[Page 203]]



Sec. 80.1106  Mission Bay, CA.

    A line drawn from Mission Bay South Jetty Light 2 to Mission 
BayNorth Jetty Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1108  Oceanside Harbor, CA.

    A line drawn from Oceanside South Jetty Light 4 to 
OceansideBreakwater Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1110  Dana Point Harbor, CA.

    A line drawn from Dana Point Jetty Light 6 to Dana PointBreakwater 
Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1112  Newport Bay, CA.

    A line drawn from Newport Bay East Jetty Light 4 to Newport BayWest 
Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 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 
BayEntrance Jetties; thence to Long Beach Breakwater East End Light 1.
    (b) A line drawn from Long Beach Channel Entrance Light 2 to 
LongBeach Light.
    (c) A line drawn from Los Angeles Main Entrance Channel Light 2 
toLos Angeles Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD84-091, 51 FR 7787, Mar. 6, 
1986. Further redesignated by CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1116  Redondo Harbor, CA.

    A line drawn from Redondo Beach East Jetty Light 2 to RedondoBeach 
West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 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 
toMarina Del Rey Light 4.
    (b) A line drawn from Marina Del Rey Breakwater North Light 2 
toMarina Del Rey Light 3.
    (c) A line drawn from Marina Del Rey Light 4 to the seawardextremity 
of the Ballona Creek South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1120  Port Hueneme, CA.

    (a) A line drawn from Port Hueneme East Jetty Light 4 to PortHueneme 
West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1122  Channel Islands Harbor, CA.

    (a) A line drawn from Channel Islands Harbor South Jetty Light 2to 
Channel Islands Harbor Breakwater South Light 1.
    (b) A line drawn from Channel Islands Harbor Breakwater NorthLight 
to Channel Islands Harbor North Jetty Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1124  Ventura Marina, CA.

    A line drawn from Ventura Marina South Jetty Light 6 to 
VenturaMarina Breakwater South Light 3; thence to Ventura Marina North 
JettyLight 7.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated byCGD 87-008b, 52 FR 
25218, July 6, 1987]

[[Page 204]]



Sec. 80.1126  Santa Barbara Harbor, CA.

    A line drawn from Santa Barbara Harbor Light 4 to Santa 
BarbaraHarbor Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1130  San Luis Obispo Bay, CA.

    A line drawn from the southernmost extremity of Fossil Point tothe 
seaward extremity of Whaler Island Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1132  Estero-Morro Bay, CA.

    A line drawn from the seaward extremity of the Morro Bay 
EastBreakwater to the Morro Bay West Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1134  Monterey Harbor, CA.

    A line drawn from Monterey Harbor Light 6 to the northernextremity 
of Monterey Municipal Wharf 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1136  Moss Landing Harbor, CA.

    A line drawn from the seaward extremity of the pier located 0.3mile 
south of Moss Landing Harbor Entrance to the seaward extremity ofthe 
Moss Landing Harbor North Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1138  Santa Cruz Harbor, CA.

    A line drawn from the seaward extremity of the Santa Cruz HarborEast 
Breakwater to Santa Cruz Harbor West Breakwater Light; thence toSanta 
Cruz Light.

[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignatedby 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 PointHarbor 
Entrance Light.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated byCGD 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 
RocksLight to the shore.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 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 
NorthBreakwater 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 RiverLight 1 
across Albion Cove.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1148  Noyo River, CA.

    A line drawn from Noyo River Entrance Daybeacon 4 to Noyo 
RiverEntrance Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]

[[Page 205]]



Sec. 80.1150  Arcata-Humboldt Bay, CA.

    A line drawn from Humboldt Bay Entrance Light 4 to Humboldt 
BayEntrance Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1152  Crescent City Harbor, CA.

    A line drawn from Crescent City Entrance Light to 
thesoutheasternmost extremity of Whaler Island.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated byCGD 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 
RiverEntrance 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 
RiverEntrance 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 
RiverEntrance 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 BayEntrance 
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 
RiverEntrance 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 
RiverEntrance 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 AlseaBay 
Entrance 165[deg] true across the channel entrance.



Sec. 80.1340  Yaquina Bay, OR.

    A line drawn across the seaward extremities of the Yaquina 
BayEntrance 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 withthe 
general trend of the highwater shoreline.



Sec. 80.1350  Netarts Bay, OR.

    A line drawn from the northernmost extremity of the shore on 
thesouth 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 
BayEntrance 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 
thehighwater shoreline across the Nehalem River Entrance.



Sec. 80.1365  Columbia River Entrance, OR/WA.

    A line drawn from the seaward extremity of the Columbia RiverNorth 
Jetty (above water) 155[deg] true to the seaward extremity ofthe 
Columbia River South Jetty (above water).



Sec. 80.1370  Willapa Bay, WA.

    A line drawn from Willapa Bay Light 169.8[deg] true to 
thewesternmost 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 
theGrays Harbor Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]

[[Page 206]]



Sec. 80.1380  Quillayute River, WA.

    A line drawn from the seaward extremity of the Quillayute 
RiverEntrance East Jetty to the overhead power cable tower charted on 
JamesIsland; thence a straight line through Quillayute River Entrance 
Light3 to the shoreline.



Sec. 80.1385  Strait of Juan de Fuca.

    The 72 COLREGS shall apply on all waters of the Strait of Juan 
deFuca.

[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 andthe 
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 andadjacent 
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 andKaneohe 
Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; KahuluiHarbor on 
Maui; and Kawailae and Hilo Harbors on Hawaii, the 72COLREGS shall apply 
on all other bays, harbors, and lagoons of theHawaiian 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 
Baythrough 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 KukiiPoint 
Light.



Sec. 80.1460  Kahului Harbor, Maui, HI.

    A line drawn from Kahului Harbor Entrance East Breakwater Light 
toKahului 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 
theKawaihae South Breakwater.



Sec. 80.1480  Hilo Harbor, Hawaii, HI.

    A line drawn from the seaward extremity of the Hilo 
Breakwater265[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 
thewesternmost extremity of Glass Breakwater.



Sec. 80.1495  U.S. Pacific Island Possessions.

    The 72 COLREGS shall apply on the bays, harbors, lagoons, andwaters 
surrounding the U.S. Pacific Island Possessions of AmericanSamoa, Baker, 
Howland, Jarvis, Johnson, Palmyra, Swains and WakeIslands.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 207]]

                                 Alaska

                          seventeenth district



Sec. 80.1705  Alaska.

    The 72 COLREGS shall apply on all the sounds, bays, harbors, 
andinlets of Alaska.

[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignatedby 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 AlternativeCompliance.
81.9 Certificate of Alternative Compliance: Contents.
81.17 Certificate of Alternative Compliance: Termination.
81.18 Notice and record of certification of vessels ofspecial 
          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 FR28154, May 26, 1981.



Sec. 81.1  Definitions.

    As used in this part:
    72 COLREGS refers to the International Regulations forPreventing 
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 vesseldesigned 
or modified to perform a special function and whosearrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurswhen 
installation or use of lights, shapes, or sound-signalingappliances 
under 72 COLREGS prevents or significantly hinders theoperation 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 fullycomply 
with the light, shape, and sound signal provisions of 72COLREGS without 
interfering with their special function may insteadmeet alternative 
requirements. The Chief of the Marine Safety Divisionin each Coast Guard 
District Office makes this determination andrequires that alternative 
compliance be as close as possible with the72 COLREGS. These regulations 
set out the procedure by which a vesselmay be certified for alternative 
compliance. The informationcollection and recordkeeping requirements 
inSec. Sec. 81.5 and 81.18 have been approved by the Officeof 
Management and Budget under OMB control No. 1625-0019.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended byUSCG-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 
specialconstruction or purpose who believes the vessel cannot fully 
complywith the 72 COLREGS light, shape, or sound signal provisions 
withoutinterference with its special function may apply for a 
determinationthat alternative compliance is justified. The application 
must be inwriting, submitted to the Chief of the Marine Safety Division 
of theCoast 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 numberor 
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 
ofAlternative Compliance is sought, including:

[[Page 208]]

    (i) The 72 COLREGS Rule or Annex section number for which 
theCertificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel thatwould 
be interfered with by full compliance with the provision of thatRule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with 
thespecial function of the vessel.
    (6) A description of the alternative installation that is inclosest 
possible compliance with the applicable 72 COLREGS Rule orAnnex section.
    (7) A copy of the vessel's plans or an accurate scale drawing 
thatclearly shows:
    (i) The required installation of the equipment under the 72COLREGS,
    (ii) The proposed installation of the equipment for 
whichcertification is being sought, and
    (iii) Any obstructions that may interfere with the equipment 
wheninstalled in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant 
additionalinformation concerning the application.

(Approved by the Office of Management and Budget under controlnumber 
1625-0019)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended byUSCG-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 
ofAlternative Compliance to the vessel based on a determination that 
itcannot comply fully with 72 COLREGS light, shape, and sound 
signalprovisions without interference with its special function. 
ThisCertificate includes--
    (a) Identification of the vessel as supplied in the applicationunder 
Sec. 81.5(a)(2);
    (b) The provision of the 72 COLREGS for which the 
Certificateauthorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully 
withthe 72 COLREGS lights, shape, and sound signal requirements 
withoutinterference with its special function;
    (d) A statement of why full compliance would interfere with 
thespecial function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is inthe 
closest possible compliance with the 72 COLREGS withoutinterfering with 
the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative 
Complianceterminates when the vessel ceases to be usually engaged in 
theoperation 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 
theinformation supplied under Sec. 81.5(a) or the Certificateissued 
under Sec. 81.9 is no longer applicable to thevessel.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.18  Notice and record of certification of vessels of specialconstruction or purpose.

    (a) In accordance with 33 U.S.C. 1605(c), a notice is published 
inthe Federal Register of the following:
    (1) Each Certificate of Alternative Compliance issued underSec. 
81.9; and
    (2) Each Coast Guard vessel determined by the Commandant to be 
avessel of special construction or purpose.
    (b) Copies of Certificate of Alternative Compliance anddocumentation 
concerning Coast Guard vessels are available forinspection at Marine 
Safety, Security and Environmental Protection,U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC20593-0001.
    (c) The owner or operator of a vessel issued a Certificate 
shallensure that the vessel does not operate unless the Certificate 
ofAlternative Compliance or a certified copy of that Certificate is

[[Page 209]]

on board the vessel and available for inspection by Coast 
Guardpersonnel.

(Approved by the Office of Management and Budget under controlnumber 
1625-0019)

[CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended byCGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR33663, 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 limitationfor 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 ofconstruction 
before July 15, 1977; and
    (b) She meets the International Regulations for PreventingCollisions 
at Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051-1094).

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignatedat 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 72COLREGS 
that are adopted by the Coast Guard for the guidance of thepublic.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignatedby 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 anda 
vessel being pushed ahead are rigidly connected in a composite unit,they 
are regarded as a power-driven vessel and must exhibit the lightsunder 
Rule 23. A ``composite unit'' is interpreted to be apushing vessel that 
is rigidly connected by mechanical means to avessel 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. Redesignatedby 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 atanchor 
includes a barge made fast to one or more mooring buoys orother similar 
device attached to the sea or river floor. Such a bargemay be lighted as 
a vessel at anchor in accordance with Rule 30, ormay 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 COLREGSRule 
24(h). However, this exception only applies to the verticalsector 
requirements.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 211]]

                                  INDEX

                          SUBCHAPTER D_TANK VESSELS

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept current by theU.S. Coast Guard, Department 
of Homeland Security. This index isupdated as of July 1, 2008.

                                               Part, subpart, or section

                                 A

Accident or casualty report................................Subpart 35.15
Accommodations for crew....................................Subpart 32.40
Application......................................................32.40-1
Construction....................................................32.40-15
Heating and cooling.............................................32.40-50
Hospital space..................................................32.40-35
Insect screens..................................................32.40-55
Location of Crew spaces.........................................32.40-10
Messrooms.......................................................32.40-30
On tankships constructed before June 15, 1987...................32.40-65
On tankships of less than 100 gross tons and manned tankbarges 
                                                                32.40-60
Other spaces....................................................32.40-40
Sleeping Accommodations.........................................32.40-20
Washrooms and toilet rooms......................................32.40-25
Aids to Navigation:
Charts or information regarding..................................35.20-1
Coast pilots.....................................................35.20-1
Current tables...................................................35.20-1
Light lists......................................................35.20-1
Nautical publications............................................35.20-1
Notice to Mariners...............................................35.20-1
Sailing directions...............................................35.20-1
Tide tables......................................................35.20-1
Air compressor........................................32.35-15, 35.35-85
Alarm bells........................................................32.25
Marking required.................................................35.40-5
Switches, markings of............................................35.40-1
Alarm systems..............................................Subpart 32.25
Alcohol or drugs, used by crew..................................35.05-25
Alterations and repairs, regulations governing........30.01-10, 31.10-25
American Bureau of Shipping......................................31.10-1
Anniversary date................................................30.10-2a
Annual inspection:
Application for:................................................31.01-15
Fire extinguishers..............................................31.10-18
Anode installations, sacrificial................................35.01-25
Application for inspection.............................31.01-15, 31.1-20
Application, electrical installations Subpart......................32.45
Application of regulations:
Governing alterations and repairs...............................30.01-10
Vessels on an international voyage...............................30.01-6

[[Page 212]]

Approved, definition.............................................30.10-3
Arresters, flame......................................30.10-23, 32.20-10
Assignment of functions.........................................31.01-10
Auto pilot......................................................35.20-45
Auxiliary machinery:
Construction.....................................................32.35-1
Design...........................................................32.35-1
Installation of internal combustion engine.......................32.35-5
Axes, fire...............................................34.05-20, 34.60

                                 B

Ballasting......................................................31.10-32
Bell, alarm Subpart................................................32.25
Bell signals.....................................................32.30-5
Bilge injection valves..........................................31.10-20
Bilge systems Subpart..............................................32.52
Bills of lading required........................................35.01-10
Boilerroom, fire extinguishing systems for.......................34.05-5
Boilers:
Accident report by chief engineer................................35.25-5
Examination by engineer..........................................35.25-1
Safety rules for fires...........................................35.30-5
Breathing apparatus, fresh air........................35.30-20, 35.40-20
Butterworth plates, safety rules regarding......................35.30-10

                                 C

Carbon dioxide extinguishing systems:
Alarms..........................................................34.15-30
Amount of carbon dioxide required................................34.15-5
Application......................................................34.15-1
Controls........................................................34.15-10
Discharge outlets...............................................34.15-25
Dry cargo spaces.................................................34.15-5
Enclosed ventilation systems for rotating electrical 
propulsionequipment..............................................34.15-5
Enclosure openings..............................................34.15-35
Installation contracted for prior to January 1, 1962............34.15-90
Machinery spaces pumprooms paint lockers and similarspaces.......34.15-5
Piping..........................................................34.15-15
Pressure relief.................................................34.15-40
Quantity, pipe sizes, and discharge rates........................34.15-5
Storage.........................................................34.15-20
Total available supply...........................................34.15-5
Cargo definition.................................................30.10-5
Cargo discharge..................................................32.50-3
Cargoes elevated temperatures....................................Part 36
Cargoes regulated..........................................Subpart 30.25
Cargo gear certificates or registers............................31.10-16
Cargo gear inspection...........................................31.10-16
Cargo handling:
Equipment maintenance...........................................35.35-70
General............................................................35.35
Liquefied petroleum gases..................................Subpart 38.15
Loading information................................................35.35
Safety requirements................................................35.30
Unmanned tank barges.............................................35.35-1
Cargo handling room, definitions.................................30.10-6

[[Page 213]]

Cargo hose...................................35.35-15, 35.35-70, 38.15-5
Cargo piping....................................................38.10-10
Cargo pumps................................................Subpart 32.50
Cargo pump relief valves.........................................36.10-1
Cargo pump, testing of..........................................35.35-70
Cargo tank hatches, ullage holes and Butterworth plates, 
safetyrules regarding...........................................35.30-10
Cargo tanks:
Construction and testing of........32.60-40, 32.65-40, 32.70-25,32.75-10
Design and installation of.........................................38.05
Electric bonding and grounding of...............................32.75-15
Filling densities................................................38.15-1
Fire extinguishing systems for...................................34.05-5
Hydrostatic test of..............................................38.25-1
Installation for carrying liquids at elevatedtemperatures........36.05-1
Independent.................................32.60-30, 32.65-30, 32.75-10
Lagging.........................................................38.05-20
Liquefied petroleum gases........................................Part 38
Liquid level gauging devices..........................38.10-20, 32.20-20
Marking of.......................................................38.05-5
Periodic test....................................................38.25-1
Piping..........................................................38.10-10
Refrigeration system used with..................................38.05-25
Removal from service.............................................38.25-5
Venting of...............................Subpart 32.55, 38.20-1, 38.20-5
Cargo transfer:
Approval of.....................................................35.35-25
Conditions affecting............................................35.35-40
Connecting of cargo hose........................................35.35-15
Declaration of inspection.......................................35.35-30
Duties of senior deck officer...................................35.35-35
Electric bonding.................................................35.35-5
Filling densities................................................38.15-1
Handling of packaged goods, etc.................................35.35-55
Inspection prior to............................................35.35-2 0
Liquefied flammable gases........................................38.15-5
Maintenance of equipment........................................35.35-70
Men on duty......................................................35.35-1
Tank barges.....................................................35.35-60
Termination of..................................................35.35-50
Towing vessels furnishing steam, air or electricity.............35.35-45
Vapor control systems............................................Part 39
Vessels coming alongside during.................................35.35-42
Carriage of person other than crew..............................35.01-15
Casualty or accident report................................Subpart 35.15
Certificate of class.............................................31.10-5
Certificate of inspection:
Application for.......................................31.01-15, 31.01-20
Cargoes of elevated temperatures, carriage of....................36.01-5
Delivery of......................................................31.05-1
Endorsed for liquefied flammable gas.............................38.01-5
Indication of water traveled on..................................31.20-1
Ocean or unlimited coastwise vessels on inland and Great 
LakesRoutes-TB/OC................................................30.01-7
Posting of.......................................................31.05-5
Terms, endorsements.............................................31.05-15
Validity.......................................................31.10-17a
Certificates regarding shipboard cargo gear.....................31.10-16

[[Page 214]]

Certificates under International Convention for Safety ofLife at 
Sea.............................................................31.10-16
1960 American Bureau of Shipping................................31.40-45
Application......................................................31.40-1
Cargo Ship Safety Construction Certificate.......................31.40-5
Cargo Ship Safety Equipment Certificate.........................31.40-10
Cargo Ship Safety Radiotelegraphy Certificate...................31.40-15
Duration of Convention Certificate..............................31.40-40
Exemption Certificate...........................................31.40-25
Posting of Convention Certificates..............................31.40-35
Certified crewmembers............................................31.15-1
Certified definition.............................................30.10-7
Charts of navigable waters required..............................35.20-1
Chief Engineer:
Repairs of boilers and unfired pressure vessels and reports 
oraccidents......................................................35.25-5
Class, certificate of............................................31.10-5
Classification requirements, definition..........................30.10-9
CO2 fire apparatus, marking required.................35.40-10
Coast Guard District Commander..................................30.10-19
Coast pilots.....................................................35.20-1
Coastwise, definition...........................................30.10-11
Cofferdam:
Definition of...................................................30.10-13
Location of.................................32.60-10, 32.65-15, 32.70-10
Requirements of.................................................32.70-10
Venting of......................................................32.55-45
Combustible gas indicator.......................................35.30-15
Combustible liquids, definition.................................30.10-15
Commandant, definition..........................................30.10-17
Commodities regulated......................................Subpart 30.25
Communication, interior system.............................Subpart 32.30
Construction and testing of cargo tanks and bulkheads on 
tankvessels.................................32.65-40, 32.60-40, 32.75-10
Construction of tank barges of materials other than steel or 
iron,requirements................................................32.80-1
Construction of tank vessels:
Cargo spaces segregated from cargo tanks.................32.57-10, 32.60
Ceilings.........................................................32.57-1
Deck............................................................32.57-10
Enclosed spaces.................................................32.60-10
General cargo spaces............................................32.60-15
Hatch covers....................................................32.57-10
Hull requirements.............................32.60, 32.65, 32.70, 32.75
Lamp Lockers....................................................32.57-10
Living quarters.......................................32.60-25, 32.65-25
Location of cargo tank spaces...................................32.60-10
Location of independent....................................tanks32.60-30
Machinery........................................................32.35-1
Paint lockers...................................................32.57-10
Requirements for scantlings, material and workmanship...32.60-1,32.65-1, 
                                                        32.70-5, 32.75-5
Segregation of cargo............................................32.60-10
Stowage spaces..................................................32.60-10
Subdivision of cargo space.............................32.60-5, 32.65-10
Testing of cargo tanks and bulkheads........32.60-40, 32.65-40, 32.75-10
Construction of vessels for liquefied gases......................38.05-1
Construction of wood hull tank vessels:

[[Page 215]]

Application of regulations.......................................32.75-1
Electric bonding and grounding of cargo tanks...................32.75-15
Hold spaces.....................................................32.75-20
Independent cargo tanks.........................................32.75-10
Convention certificates....................................Subpart 31.40
Conversion of vessels to tank vessels...........................31.10-10
Crew:
Certified members of.............................................31.15-1
Illness of......................................................35.05-25
Licensed officers................................................31.15-1
Physical condition of...........................................35.05-20
Required for cargo handling......................................35.35-1
Crew accommodations:
Inspection of...................................................31.10-45
Requirements for...........................................Subpart 32.40
Sanitary condition of............................................35.01-5
Current tables...................................................35.20-1

                                 D

Deck foam system...........................................Subpart 34.20
Declaration of inspection prior to bulk cargo transfer..........35.35-30
Definition of terms........................................Subpart 30.10
Delivery of certificate of inspection............................31.05-1
Design:
Cargo tanks......................................................38.05-2
Main and auxiliary machinery.....................................32.35-1
Vapor control system.......................................Subpart 39.20
Devices, spark producing........................................35.30-35
Display of Plans.................................................35.10-3
Draft marks.............................................32.05-1, 35.20-5
Drills:
Boat.............................................................35.10-5
Fire.............................................................35.10-5
Line throwing appliance..........................................35.10-1
Drydock or hauling out..........................................31.10-20

                                 E

Effective date of regulation....................................30.01-15
Electric bonding and grounding.........................32.75-15, 35.35-5
Electrical installations....................................31.35, 32.45
Elevated temperature cargoes:
Cargo pump relief valves.........................................36.10-1
Certificate of inspection........................................36.01-5
Flame Screens, vents and ventilations............................36.20-1
Installation of cargo tanks......................................36.05-1
Lagged tanks, periodic inspections...............................36.30-1
Protection of personnel.........................................36.05-10
Ventilation of pumproom..........................................36.20-5
Emergency:
Authority of senior officer.....................................35.35-75
Breathing equipment, marking....................................35.40-20
Lighting and power systems......................................35.10-15
Outfit..........................................................35.30-20
Repairs to firefighting equipment...............................35.01-35
Signals..........................................................35.10-5
Training.........................................................35.10-1
Enclosed ventilating system, fire extinguishing system...........34.05-5

[[Page 216]]

Engineering, electrical.....................................31.35, 32.45
Engineering, marine Subpart........................................31.30
Equipment:
Cargo handling.............................................Subpart 32.50
Emergency.......................................................35.30-20
Fire and emergency, marking......................Subpart 35.40, 35.40-40
Installed but not required.......................................34.01-5
Portable electrical.............................................35.30-30
Previously approved.............................................30.01-15
Equipment installations....................................Subpart 32.20
Equipment installations on vessels during World War II...........32.20-1
Equipment, navigation......................................Subpart 32.15
Equivalents......................................................30.15-1
Escape, means of.................................................32.02-1
Examination of sea chests, sea valves, sea strainers, and 
bilgeinjection valves...........................................31.10-20
Exemption certificate...........................................31.40-25
Explosives, transportation of...................................35.30-25

                                 F

Fire axes................................................34.05-20, 34.60
Location of.....................................................34.60-10
Number required..................................................34.60-5
Fire drills......................................................35.10-5
Fire extinguishers, portable and semiportable:
Application......................................................34.50-1
Classification...................................................34.50-5
Location........................................................34.50-10
Spare charges...................................................34.50-15
Vessels contracted for prior to January 1, 1962.................34.50-90
Fire extinguishing deck foam system:
Application......................................................34.20-1
Area protected...................................................34.20-5
Cargo area definitions...........................................34.20-3
Controls........................................................34.20-10
Discharge outlets...............................................34.20-20
Installations contracted for prior to January 1, 1970...........34.20-90
Marking.........................................................35.40-10
Piping..........................................................34.20-15
Quantity of foam required........................................34.20-5
Rate of application..............................................34.20-5
Separate supply of foam-producing material.......................34.20-5
Supply of foam producing material................................34.20-5
Water supply.....................................................34.20-5
Fire extinguishing fixed foam systems:
Additional protection required..................................34.17-25
Application......................................................34.17-1
Area protected...................................................34.17-5
Controls........................................................34.17-10
Discharge outlets...............................................34.17-20
Installations contracted for prior to January 1, 1962...........34.17-90
Piping..........................................................34.17-15
Rate of Application..............................................34.17-5
Separate supply of foam-producing material.......................34.17-5
Supply of foam producing material................................34.17-5
Water supply for required pumps..................................34.17-5
Fire extinguishing systems:

[[Page 217]]

Boilerrooms......................................................34.05-5
Carbon dioxide.....................................................34.15
Cargo tanks......................................................34.05-5
Dry cargo compartments...........................................34.05-5
Enclosed ventilating systems.....................................34.05-5
Foam, deck.................................................Subpart 34.20
Foam, fixed................................................Subpart 34.17
Installations contracted for prior to January 1, 1962...........34.10-90
Lamp, paint lockers and similar pages............................34.05-5
Machinery spaces.................................................34.05-5
Marking.........................................................35.40-10
Piping..........................................................34.10-15
Pumprooms........................................................34.05-5
Fire extinguishing system, steam smothering:
Application......................................................34.13-1
Installations contracted for prior to January 1, 1962...........34.17-90
Firefighting equipment:
Application......................................................34.01-1
Fire axes................................................34.05-20, 34.60
Fire main system.................................................34.05-1
Hose............................................................34.10-10
Nozzles.........................................................35.40-10
Hydrants........................................................35.40-15
Installed but not required.......................................34.01-5
Portable, vessel's name on......................................35.40-40
Protection for unusual arrangements or special products.........34.01-10
Testing and inspection................................31.10-18, 31.10-19
Fire main system:
Application......................................................34.10-1
Fire pumps.......................................................34.10-5
Fire station hydrants hose and nozzles..........................34.10-10
Fire, matches and smoking safety rules...........................35.30-5
Fire protection, structu1ral, for tank vessels contracted for onor 
after January 1, 1963......................................Subpart 32.57
Fire protection, structural for ships with a keel laying date onor 
after January 1, 1975......................................Subpart 32.56
Fire station....................................................34.10-10
Fitting and piping for liquefied petroleum gases................38.10-10
Fittings, cargo............................................Subpart 32.50
Flame arresters.......................................30.10-23, 32.20-10
Flame screen...........................................30.10-25, 36.20-1
Flammable liquid, definition....................................30.10-22
Flammable liquid and gas fuels as ships' stores.................35.30-40
Flammable or inflammable, definition............................30.10.21
Flashpoint, definition..........................................30.10-27
Foam hose/monitor stations......................................35.40-17
Fresh air breathing apparatus.........................35.30-20, 35.40-20
Fuel oil, requirements..........................................35.25-10
Fuels, flammable liquid and gas.................................35.30-40
Functions, assignment of.........................................30.01-3

                                 G

Galley fires, safety rules.......................................35.30-5
Gangway signs....................................................35.30-1
Gas chemist certified by American Bureau of Shipping.............35.01-1
Gas free, definition............................................30.10-29
Gauge, liquid level..........................32.20-20, 38.10-20, 39.20-3

[[Page 218]]

Gear, shipboard cargo, certificates or registers................31.10-16
General alarm switch, marking of.................................35.40-1
General alarm systems:
Alarm bells for tankships constructed on or after September 
15,1943..........................................................32-25-1
Alarm bells for tankships constructed prior to September 15,1943 
                                                                   32.25
Alarm bells for manned barges......................................32.25
General rules and regulations...................................30.10-31
Grade D, combustible liquid.....................................30.10-15
Grade E, combustible liquid.....................................30.10-15
Great Lakes.....................................................30.10-33

                                 H

Hauling out or drydocking.......................................31.10-20
Headquarters....................................................30.10-35
Hose, cargo.....................................................32.50-30
Hospital accommodations..........................................32.40-1
Hull and cargo tank requirements:
Alternative arrangements.........................................32.63-8
Application......................................................32.63-1
Barge hull classifications.......................................32.63-5
Cargo tanks and supports........................................32.63-25
Hull structure..................................................32.63-20
Rakes and coamings..............................................32.63-10
Hull requirements...............32.60, 32.63, 32.65, 32.70, 32.75, 32.80
Hydrostatic test for cargo tanks.................................38.25-1

                                 I

Independent cargo tanks...32.60-30, 32.60-35, 32.65-30, 32.70-2532.75-10
Inert gas system...........................................Subpart 32.53
Inspection:
Alternations and repairs........................................31.10-25
Bilges..........................................................31.10-50
Certificate of.............................................Subpart 31.05
Conversion of a vessel to a tank vessel, application for........31.01-20
Crew accommodations.............................................31.10-45
During trial trip...............................................31.10-40
General requirements.......................................Subpart 31.01
Initial, scope of................................................31.01-5
Lagged tanks.....................................................36.30-1
New tank vessel........................................31.01-20, 31.10-5
Plans and specifications.........................................31.10-5
Recognized classification society................................31.10-1
Required.........................................................31.01-1
Required before making repairs...................................35.01-1
Required, liquefied, petroleum gas tanks.........................38.25-1
Required on new tank vessels.....................................31.01-1
Safety valves...................................................38.25-10
Two years.............................................31.10-15, 31.10-17
Inspection and certification of cargo gear......................31.10-16
Inspection and test, periodic, of independent cargo tanks..........38.25
Inspection of cargo gear:
Certification...................................................31.10-16
Installation of cargo tanks.....................................38.05-10
Installation of internal combustion engines......................32.35-5
Installations made during the Unlimited NationalEmergency........32.20-1
Internal combustion installations, fire extinguishingsystems.....34.05-5

[[Page 219]]

International voyage.............................................30.01-6
Interior communications system:
Bell signals between engineroom and pilothouse...................32.30-5
Inspection of......................................................32.30
Telegraph systems..................................................32.30
Telephone equipment..............................................32.30-1
Voice tubes......................................................32.30-1
Issuance of certificates of inspection...........................31.05-1

                                 L

Lagging for independent cargo tanks.............................38.05-20
Lakes, bays and sounds..........................................30.10-41
Lamp and paintrooms:
Fire extinguishing system for....................................34.05-5
Fireproofing of..................................................32.85-1
Licensed officers required.......................................31.15-1
Lifeboat drills..................................................35.10-5
Lifesaving Appliances and Approaches.......................Subpart 31.36
Actions to be required..........................................35.07-10
Certificate of inspection regulation.............................31.05-1
Drills...........................................................35.10-1
Inspections required.............................................31.01-1
Musters..........................................................35.10-5
Lights, flashing the ray of.....................................35.20-30
Light List.......................................................35.20-1
Liquid, flammable...............................................30.10-22
Liquid level gauging devices.........32.20-20, 38.10-1, 38.10-20 39.20-3
Liquefied flammable gas.........................................30.10-39
Cargo hose.......................................................38.15-5
Cargo piping....................................................38.10-10
Certificate of inspection........................................38.01-5
Design and construction of cargo tanks...........................38.05-2
Design and construction of nonpressure vessel type cargotanks....38.05-4
Design and construction of pressure vessel type cargotanks.......38.05-3
Design and construction of vessels, general......................38.05-1
Electrical installations........................................38.15-15
Filling and discharge pipes......................................38.10-5
Filling of tanks.................................................38.15-1
Installation of cargo tanks.....................................38.05-10
Insulation......................................................38.05-20
Leak detection systems..........................................38.15-10
Liquid level gauging devices....................................38.10-20
Markings.........................................................38.05-5
Refrigerated systems............................................38.05-25
Remote shutdowns................................................38.15-20
Removal of defective tanks.......................................38.25-5
Safety relief valves............................................38.25-10
Safety relief valves for pressure vessel type tanks.............38.10-15
Scope of regulations.............................................38.01-1
Tests and inspections............................................38.25-1
Transportation of................................................Part 38
Transportation of portable cylinders or portable tanks 
containingor having previously contained liquefied flammable gases 
in dry cargospaces...............................................38.01-2
Valves, fittings, and accessories................................38.10-1
Vapor control system.............................................Part 39
Ventilation.....................................................38.20-10

[[Page 220]]

Venting.................................................38.20-1, 38.20-5
Living quarters.......................................32.60-25, 32.65-25
Load lines.................................................Subpart 31.25
Loading information.............................................31.10-32
Logbook entries:
Actions required to be logged...................................35.07-10
Application......................................................35.07-1
Draft of tank ship...............................................35.20-5
Fire and lifeboat drills.........................................35.10-5
Fuel oil requirements...........................................35.25-10
Logbooks and records.............................................35.07-5
Steering gear tests.............................................35.20-10

                                 M

Machinery spaces, fire extinguishing systems for.................34.05-5
Machinery, main and auxiliary:
Accident report by chief engineer................................35.25-5
Air compressors.................................................32.35-15
Construction.....................................................32.35-1
Design...........................................................32.35-1
Examination by engineer..........................................32.25-1
Installation of internal combustion engines......................32.35-5
Steering apparatus..............................................32.35-10
Maneuvering characteristics, display of.........................35.20-40
Manning:
Tank vessels..............................................31.15, 35.35-1
Marine engineering and material specifications.............Subpart 31.30
Marine inspector, authority of..................................31.01-10
Markings:
CO2 alarm.............................................35.40-7
Draft marks......................................................32.05-1
Emergency breathing apparatus...................................35.40-20
Emergency lights.................................................35.40-6
Fire and emergency equipment...............................Subpart 35.40
Firehose stations...............................................35.40-15
General alarm bell...............................................35.40-5
General alarm bell switch........................................35.40-1
Lifesaving equipment............................................35.40-40
Portable fire extinguishers.....................................35.40-25
Steam, foam or CO2 apparatus.........................35.40-10
Steering station................................................35.40-35
Tanks for liquefied flammable gas, marking of....................38.05-5
Vapor control system piping......................................39.20-1
Vessel's name.........................................32.05-10, 32.05-15
Vessel's name on equipment.......................................32.05-5
Master:
Casualty or accident report......................................35.15-1
Licensed officer.................................................35.05-1
Station bills and muster list...........................35.10-1, 35.10-5
Master's and officer's responsibility...........................35.20-20
Matches:
Use of...........................................................35.30-5
Materials specification....................................Subpart 31.30
Material, scantlings and workmanship....................32.60-1, 32.65-1
Means of escape..................................................32.02-1
Muster list.............................................35.10-1, 35.10-5

[[Page 221]]

                                 N

Nautical publications............................................35.20-1
Navigation, use of Auto Pilot...................................35.20-45
Navigation equipment:
Anchors for seagoing barges.....................................32.15-15
Magnetic compass and gyro compass...............................32.15-35
Radar...........................................................32.15-30
Sounding machines...............................................32.15-10
Whistles.........................................................32.15-5
New tank vessels, inspection of..................................31.10-5
New tank vessels, plans for inspection of.....................31.10-5(a)
Notice to mariners...............................................35.20-1

                                 O

Ocean, definition...............................................30.10-45
Officer in Charge, Marine Inspection............................30.10-47
Officers required on tank vessels..........................Subpart 35.05
Open hopper type barges.........................................35.01-45
Overfill protection, liquid, tank barge..........................39.20-9
Overfill protection, liquid, tank ship...........................39.20-7
Overpressure and vacuum protection, vapor, tank barge andship...39.20-11
Oxygen breathing apparatus, marking of..........................35.40-20

                                 P

Paintrooms......................................Subparts 32.85, 34.05-05
Period covered by certificate of inspection.....................31.05-10
Permit definition...............................................30.10-49
Permit to proceed to another port for repairs...................31.10-35
Piping:
Fire extinguishing systems........34.10-10, 34.10-15, 34.10-90,34.15-15, 
                                            34.17-15, 34.20-15, 34.25-15
Piping, bilge....................................................32.52-5
Piping, cargo..............................................Subpart 32.50
Cargo tanks.....................................................38.10-10
Steering apparatus..............................................32.35-10
Plans, Display of................................................35.10-3
Plans for inspection of new tank vessels......................31.10-5(a)
Portable and semiportable extinguishers..................34.05-10, 34.50
Portable electrical equipment...................................35.30-30
Posting of certificate of inspection.............................31.05-5
Pressure-vacuum relief valve...........................30.10-55, 32.20-5
Protection for personnel........................................36.05-10
Pumprooms:
Electrical installations........................................32.60-20
Fire extinguishing systems for...................................34.05-5
Lighting........................................................32.60-20
Location of...........................................32.60-20, 32.65-20
Requirements for......................................32.70-15, 32.70-20
Ventilation............................................32.60-20, 36.20-5
Pumps, bilge...........................................32.60-20, 36.20-5
Pumps, cargo.....................................................32.52-1

                                 Q

Quarters, living......................................32.60-25, 32.65-25

[[Page 222]]

                                 R

Radar...........................................................32.15-30
Radio room warning signs.........................................35.30-1
Recognized classification society, definition...................30.10-57
Refrigerated systems............................................38.05-25
Registers regarding shipboard cargo gear........................31.10-16
Regulations:
Application of...................................................30.01-5
Authority vested in Commandant...................................30.01-1
Effective date..................................................30.01-15
Explanation of vessel description................................30.01-5
Governing alterations and repairs...............................30.01-10
Liquefied flammable gas..........................................Part 38
Scope of.........................................................36.01-1
Vapor control system.............................................Part 39
Reid vapor pressure, definition.................................30.10-59
Reinspection....................................................31.10-17
Relief valves:
Cargo pump.......................................................36.10-1
Cargo pump, testing of..........................................35.35-70
Cargo tanks.....................................................38.10-15
Repairs:
Application of regulations......................................30.01-10
Firefighting equipment..........................................35.01-35
Inspection before making.........................................35.01-1
Involving hot work...............................................35.01-1
Permit to proceed to another port...............................31.10-35
Reports of engineers.............................................35.25-5
Rivers, definition..............................................30.10-61
Rudder:
Indicators......................................................35.40-35

                                 S

Safety radio certificate........................................31.40-15
Safety requirements:
Means of escape..................................................32.02-1
Safety relief valves for cargo tanks............................38.10-15
Safety rules...............................................Subpart 35.30
Sailing directions...............................................35.20-1
Sanitary inspection by master and chief engineer.................35.01-5
Scantlings, material and workmanship....................32.60-1, 32.65-5
Scuppers, closing of............................................35.35-10
Sea chests, examination of......................................31.10-20
Sea strainers, examination of...................................31.10-20
Sea valves, closing of..........................................35.35-10
Segregation of spaces containing the emergency source of 
electricpower...................................................32.60-45
Shipboard cargo gear, certificates or registers.................31.10-16
Shipping papers required........................................35.01-10
Sleeping quarters..........................................Subpart 32.40
Smoking safety rules.............................................35.30-5
Sounding machines...............................................32.15-10
Spark arrester..................................................30.10-63
Spark producing devices.........................................35.30-35
Spray nozzles...................................................34.10-10
Specifications, material...................................Subpart 31.30

[[Page 223]]

Special operating requirements.............................Subpart 35.01
Special operating requirements for tank barges carrying 
certaindangerous bulk cargoes...................................35.01-50
Stability requirements..........................................31.10-30
Station bills required...........................................35.10-1
Steam fire extinguishing systems, marking of....................35.40-10
Steam, carrying of excess.......................................35.25-15
Steam smothering system....................................Subpart 34.13
Steel hull tank vessels..............Subparts 32.70, 32.60, 32.63, 32.65
Steering apparatus on tank vessel...............................32.35-10
Steering gear, instruction for changing.........................35.40-30
Steering gear test..............................................35.20-10
Steering orders, marking........................................35.40-35
Stowage of package and general cargo............................35.35-55
Subdivision of cargo spaces............................32.60-5, 32.65-10

                                 T

Tank barge:
Carrying bulk cargoes having dangerous characteristics in 
additionto flammability and combustibility......................35.01-50
Definition......................................................30.10-65
Watchman for....................................................35.05-15
Tankerman, definition...........................................30.10-71
Tankship:
Definition......................................................30.10-67
Licensed officers and crew.......................................35.05-1
Tank vessel:
Definition......................................................30.10-69
Laid up or dismantled............................................31.01-1
Telegraph equipment, engine order..........................Subpart 32.30
Telephone equipment, sound powered.........................Subpart 32.30
Testing of firefighting equipment...............................31.10-19
Tide tables......................................................35.20-1
Toilet facilities...............................................32.40-25
Towing vessels........................................31.15-10, 35.35-45
Trial trip inspection...........................................31.10-40

                                 U

Ullage holes, safety rules regarding............................35.30-10

                                 V

Valves:
Back pressure check type................................38.10-1, 38.10-5
Excess flow.............................................38.10-1, 38.10-5
Liquefied flammable gas.................................38.10-1, 38.10-5
Pressure vacuum relief.................................30.10.55, 32.20.5
Relief.............................35.35-70, 38.10-1, 38.10-10, 38.10-15
Shutoff..........................................................38.10-1
Vapor balancing:
Design and equipment for.........................................39.40-3
General requirements for.........................................39.40-1
Operational requirements for.....................................39.40-5
Vapor collection system..........................................39.20-1
Vapor control systems............................................Part 39
Applicability....................................................39.10-1
Cargo gauging system.............................................39.20-3

[[Page 224]]

Definitions......................................................39.10-3
Design and equipment.......................................Subpart 39.20
General requirements.......................................Subpart 39.10
Lightering and topping-off operations with vaporbalancing........Subpart 
                                                                   39.40
Operational requirements.........................................39.30-1
Operations.................................................Subpart 39.30
Personnel training..............................................39.10-11
Submission of vapor control system designs......................39.10-13
Tank barge and ship vapor overpressure and vacuumprotection.....39.20-11
Tank barge liquid overfill protection............................39.20-9
Tankship high and low vapor pressure protection.................39.20-13
Vessel vapor processing units....................................39.10-9
Ventilation and venting:
Cargo tanks................................................Subpart 32.55
Cargo tanks, independent...................................Subpart 38.20
Cofferdams.................................................Subpart 32.55
Flame screen.....................................................36.20-1
Hold spaces.....................................................32.55-15
Pumproom.........................................................36.20-5
Tank ships with a keel laying date on or after January 1,1975...32.55-50
Vessels coming alongside........................................35.35-42
Vessels converted to tank vessels...............................31.10-10
Vessel's name on equipment......................................35.40-40
Vessel's name.........................................32.05-10, 32.05-15
Voice tubes......................................................32.30-1

                                 W

Warning signals and signs........................................35.30-1
Warning signs....................................................35.30-1
Washing facilities..............................................32.40-25
Watchman for tank barge.........................................35.05-15
Water spray extinguishing systems, details.................Subpart 34-25
Application......................................................34.25-1
Capacity and arrangement.........................................34.25-5
Controls........................................................34.25-10
Installations contracted for prior to January 1, 1964...........34.25-90
Piping..........................................................34.25-15
Spray nozzles...................................................34.25-20
Water spray systems, marking of.................................35.40-18
Waters, travel permitted on................................Subpart 31.20
Welding repairs..................................................35.01-1
Whistles.........................................................32.15-5
Whistle signals for drills.......................................35.10-5
Whistling, unnecessary..........................................35.20-35
Work vests:
Application of...................................................35.03-1
Approved unicellular plastic foam................................35.03-5
Shipboard inspection............................................35.03-20
Shipboard stowage...............................................35.03-15
Use.............................................................35.03-10
Workmanship, material, and scantlings............................32.65-5

[[Page 225]]



                  SUBCHAPTER E_INLAND NAVIGATION RULES





PART 84_ANNEX I: POSITIONING AND TECHNICALDETAILS 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 forfishing 
          vessels, dredgers and vessels engaged in underwateroperations.
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 HomelandSecurity 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 theuppermost 
continuous deck. This height shall be measured from theposition 
vertically beneath the location of the light.
    (b) High-speed craft means a craft capable of maximum speedin 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 inpounds and knots is maximum speed in 
knots (kts) equal to exceeding1.98 (lbs) [dtri]\0.1667\; where 
[dtri]=displacement correspondingto design waterline in pounds.

    (c) The term practical cut-off means, for vessels 20 metersor more 
in length, 12.5 percent of the minimum luminous intensity(Table 
84.15(b)) corresponding to the greatest range of visibility forwhich the 
requirements of Annex I are met.
    (d) The term Rule or Rules means the Inland NavigationRules 
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 byCGD 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 
themasthead lights shall be placed as follows:
    (1) The forward masthead light, or if only one masthead light 
iscarried, then that light, at a height above the hull of not less than5 
meters, and, if the breadth of the vessel exceeds 5 meters, then ata 
height above the hull not less than such breadth, so however thatthe 
light need not be placed at a greater height above the hull than 
8meters;
    (2) When two masthead lights are carried the after one shall be 
atleast 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-
drivenvessels shall be such that in all normal conditions of trim the 
afterlight will be seen over and separate from the forward light at 
adistance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters butless 
than 20 meters in length shall be placed at a height above thegunwale of 
not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in 
Rule23(c), of a power-driven vessel of less than 12 meters in length 
shallbe carried at least one meter higher than the sidelights.
    (e) One of the two or three masthead lights prescribed for apower-
driven vessel when engaged in towing or pushing another vesselshall be 
placed in the same position as either the forward mastheadlight or the 
after masthead light, provided that the lowest aftermasthead light shall 
be at least 2 meters vertically higher than thehighest forward masthead 
light.
    (f)(1) The masthead light or lights prescribed in Rule 23(a) shallbe 
so placed as to be above and clear of all

[[Page 226]]

other lights andobstructions except as described in paragraph (f)(2) of 
this section.
    (2) When it is impracticable to carry the all-round lightsprescribed 
in Rule 27(b)(i) below the masthead lights, they may becarried above the 
after masthead light(s) or vertically in between theforward masthead 
light(s) and after masthead light(s), provided thatin the latter case 
the requirement of Sec. 84.05(d) shall becomplied with.
    (g) The sidelights of a power-driven vessel shall be placed atleast 
one meter lower than the forward masthead light. They shall notbe so low 
as to be interfered with by deck lights.
    (h) [Reserved]
    (i) When the Rules prescribe two or three lights to be carried ina 
vertical line, they shall be spaced as follows:
    (1) On a vessel of 20 meters in length or more such lights shallbe 
spaced not less than 1 meter apart, and the lowest of these lightsshall, 
except where a towing light is required, be placed at a heightof not 
less than 4 meters above the hull;
    (2) On a vessel of less than 20 meters in length such lights shallbe 
spaced not less than 1 meter apart and the lowest of these lightsshall, 
except where a towing light is required, be placed at a heightof 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 
vesselwhen engaged in fishing shall be a height above the sidelights 
notless than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i), when 
twoare carried, shall not be less than 4.5 meters above the after one. 
Ona vessel of 50 meters or more in length this forward anchor lightshall 
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 byCGD 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 
twomasthead lights are prescribed for a power-driven vessel, 
thehorizontal distance between them must not be less than one quarter 
ofthe length of the vessel but need not be more than 50 meters. 
Theforward light must be placed not more than one half of the length 
ofthe vessel from the stem.
    (b) On a power-driven vessel of 20 meters or more in length 
thesidelights shall not be placed in front of the forward 
mastheadlights. They shall be placed at or near the side of the vessel.
    (c) When the lights prescribed in Rule 27(b)(i) are placedvertically 
between the forward masthead light(s) and the aftermasthead light(s) 
these all-round lights shall be placed at ahorizontal distance of not 
less than 2 meters from the fore and aftcenterline of the vessel in the 
athwartship direction.
    (d) When only one masthead light is prescribed for a power-
drivenvessel, this light must be exhibited forward of amidships. For 
avessel of less than 20 meters in length, the vessel shall exhibit 
onemasthead light as far forward as is practicable.
    (e) On power-driven vessels 50 meters but less than 60 meters 
inlength operated on the Western Rivers, and those waters specified 
inSec. 89.25, the horizontal distance between masthead lightsshall not 
be less than 10 meters.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended byCGD 88-07, 53 FR 
10533, April 1, 1988; CGD 94-011, 63 FR5731, Feb. 4, 1998]



Sec. 84.07  Details of location of direction-indicating lights for fishingvessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from 
avessel engaged in fishing as prescribed in Rule 26(c)(ii) shall 
beplaced at a horizontal distance of not less than 2 meters and not 
morethan 6 meters away from the two all-round red and white lights. 
Thislight shall be placed not higher than the all-round white 
lightprescribed in Rule 26(c)(i) and not lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging 
orunderwater operations to indicate the obstructed side and/or the 
sideon which it is safe to pass, as prescribed in Rule 27(d)(i) and 
(ii),shall be placed at the maximum

[[Page 227]]

practical horizontal distance, butin no case less than 2 meters, from 
the lights or shapes prescribed inRule 27(b)(i) and (ii). In no case 
shall the upper of these lights orshapes be at a greater height than the 
lower of the three lights orshapes prescribed in Rule 27(b)(i) and (ii).



Sec. 84.09  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shallbe 
fitted with mat black inboard screens and meet the requirements ofSec. 
84.17. On vessels of less than 20 meters in length, thesidelights, if 
necessary to meet the requirements ofSec. 84.17, shall be fitted with 
mat black inboard screens.With a combined lantern, using a single 
vertical filament and a verynarrow division between the green and red 
sections, external screensneed not be fitted.
    (b) On power-driven vessels less than 12 meters in lengthconstructed 
after July 31, 1983, the masthead light, or the all-roundlight described 
in Rule 23(c) shall be screened to prevent directillumination 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 meterand 
a height equal to its diameter;
    (3) A diamond shape shall consist of two cones (as defined 
inparagraph (a)(2) of this section) having a common base.
    (b) The vertical distance between shapes shall be at least 1.5meter.
    (c) In a vessel of less than 20 meters in length shapes of 
lesserdimensions but commensurate with the size of the vessel may be 
usedand the distance apart may be correspondingly reduced.



Sec. 84.13  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to 
thefollowing standards, which lie within the boundaries of the area 
ofthe diagram specified for each color by the International Commissionon 
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 IlluminationEngineering Society, 345 East 47th 
Street, New York, NY 10017 and isavailable for inspection at the Coast 
Guard, Ocean EngineeringDivision (CG-432), 2100 Second Street SW, 
Washington, DC20593-0001. It is also available for inspection at the 
NationalArchives and Records Administration (NARA). For information on 
theavailability of this material at NARA, call202-741-6030, or go 
to:http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. This incorporation by reference was 
approvedby the Director of the Federal Register.
    (b) The boundaries of the area for each color are given byindicating 
the corner co-ordinates, which are as follows:
    (1) White:

x0.525 0.525 0.452 0.310 0.310 0.443
y0.382 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 at69 FR 18803, Apr. 
9, 2004; USCG-2004-18057, 69 FR 34925,June 23, 2004; USCG-2008-0179, 73 
FR 35002, June 19,2008]



Sec. 84.15  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculatedby 
using the formula:

I=3.43x10\6\xTxD\2\xK-D

where I is luminous intensity in candelas under serviceconditions,
T is threshold factor 2x10-7 lux,
D is range of visibility (luminous range) of the light in nauticalmiles,
K is atmospheric transmissivity. For prescribed lights the valueof K 
shall be 0.8, corresponding to a meteorological visibility 
ofapproximately 13 nautical miles.


[[Page 228]]


    (b) A selection of figures derived from the formula is givenin Table 
84.15(b):

                             Table 84.15(b)
------------------------------------------------------------------------
                                                        Minimum luminous
                                                            intensity
    Range of visibility (luminousrange) of light in        oflight 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 thevessel 
shall show the minimum required intensities. The intensitiesshall 
decrease to reach practical cut-off between 1 and 3 degreesoutside the 
prescribed sectors.
    (2) For sternlights and masthead lights and at 22.5 degrees abaftthe 
beam for sidelights, the minimum required intensities shall bemaintained 
over the arc of the horizon up to 5 degrees within thelimits of the 
sectors prescribed in Rule 21. From 5 degrees within theprescribed 
sectors the intensity may decrease by 50 percent up to theprescribed 
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 
bymasts, topmasts or structures within angular sectors of more than 
6degrees, except anchor lights prescribed in Rule 30, which need not 
beplaced at an impracticable height above the hull, and the all-
roundwhite light described in Rule 23(d), which may not be obscured at 
all.
    (c) If it is impracticable to comply with paragraph (b) of 
thissection by exhibiting only one all-round light, two all-round 
lightsshall be used suitably positioned or screened to appear, as far 
aspracticable, as one light at a minimum distance of one nautical mile.

    Note to paragraph (c):
    Tow unscreened all-round lightsthat are 1.28 meters apart or less 
will appear as one light to thenaked eye at a distance of one nautical 
mile.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended byCGD 94-011, 63 FR 
5731, Feb. 4, 1998]



Sec. 84.19  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with 
theexception of lights on sailing vessels underway and on 
unmannedbarges, shall ensure that:
    (1) At least the required minimum intensity is maintained at 
allangles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 60 percent of the required minimum intensity 
ismaintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway the vertical sectorsof 
electric lights as fitted shall ensure that:
    (1) At least the required minimum intensity is maintained at 
allangles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 50 percent of the required minimum intensity 
ismaintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensityof 
electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights 
thesespecifications shall be met as closely as possible

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended byCGD 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 
theminimum intensities, as specified in the Table given inSec. 84.15.



Sec. 84.23  Maneuvering light.

    Notwithstanding the provisions of Sec. 84.03(f), themaneuvering 
light described in Rule 34(b) shall be placedapproximately in the same 
fore and aft vertical plane as the mastheadlight or lights and, where 
practicable, at a minimum height of one-half meter vertically above the 
forward masthead light, provided thatit shall be carried not less than 
one-half meter vertically above orbelow the after masthead light. On a 
vessel where only one mastheadlight is carried the maneuvering light, if 
fitted, shall be carriedwhere it can best be seen, not less than one-
half

[[Page 229]]

metervertically apart from the masthead light.



Sec. 84.24  High-speed craft.

    (a) The masthead light of high-speed craft with a length tobreadth 
ratio of less than 3.0 may be placed at a height related tothe breadth 
lower than that prescribed in Sec. 84.03(a)(1),provided that the base 
angle of the isosceles triangle formed by theside lights and masthead 
light when seen in end elevation is not lessthan 27 degrees as 
determined by the formula in paragraph (b) of thissection.
    (b) The minimum height of masthead light above sidelights is to 
bedetermined by the following formula: Tan 27[deg]=X/
Y; where Y is the horizontal distancebetween the sidelights 
and X is the height of the forward mastheadlight.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998. Redesignated byUSCG-1999-5832, 64 
FR 34712, June 29, 1999]



Sec. 84.25  Approval.

    The construction of lights and shapes and the installation oflights 
on board the vessel must satisfy the Commandant, U.S. CoastGuard.

[USCG-1999-6580, 66 FR 55091, Nov. 1, 2001]



PART 85_ANNEX II: ADDITIONAL SIGNALS FOR FISHINGVESSELS 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 ofRule 
26(d), be placed where they can best be seen. They shall be atleast 0.9 
meter apart but at a lower level than lights prescribed inRule 26(b)(i) 
and (c)(i) contained in the Inland Navigational RulesAct of 1980, as 
amended (33 U.S.C. 2001 et seq.). The lights shall bevisible all around 
the horizon at a distance of at least 1 mile but ata lesser distance 
from the lights prescribed by these Rules forfishing vessels.



Sec. 85.3  Signals for trawlers.

    (a) Vessels when engaged in trawling, whether using demersal 
orpelagic 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 ina 
vertical line;
    (3) When the net has come fast upon an obstruction: two red lightsin 
a vertical line.
    (b) Each vessel engaged in pair trawling may exhibit:
    (1) By night, a searchlight directed forward and in the directionof 
the other vessel of the pair;
    (2) When shooting or hauling their nets or when their nets havecome 
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 
twoyellow lights in a vertical line. These lights shall flash 
alternatelyevery second and with equal light and occultation duration. 
Theselights may be exhibited only when the vessel is hampered by 
itsfishing gear.



PART 86_ANNEX III: TECHNICAL DETAILS OF SOUNDSIGNAL 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]


[[Page 230]]


    Authority: Sec. 3, Pub. L. 96-591; 49 CFR1.46(n)(14).

    Source: CGD 81-009, 46 FR 61848, Dec. 21, 1981,unless otherwise 
noted.



                           Subpart A_Whistles



Sec. 86.01  Frequencies and range of audibility.

    The fundamental frequency of the signal shall lie within the 
range70-525 Hz. The range of audibility of the signal from a 
whistleshall be determined by those frequencies, which may include 
thefundamental and/or one or more higher frequencies, which lie 
withinthe frequency ranges and provide the sound pressure levels 
specifiedin Sec. 86.05.



Sec. 86.03  Limits of fundamental frequencies.

    To ensure a wide variety of whistle characteristics, thefundamental 
frequency of a whistle shall be between the followinglimits:
    (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 200meters 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 theforward 
axis of the whistle and at a distance of 1 meter from it, asound 
pressure level in at least one \1/3\-octave band of not lessthan the 
appropriate figure given in Table 86.05 within the followingfrequency 
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 75meters in 
length;
    (c) 250-2100 Hz, for a vessel 12 meters but less than 20meters in 
length.

                                                   Table 86.05
----------------------------------------------------------------------------------------------------------------
                                                                            \1/3\-octave band
                                  Fundamental  frequency    For measured     level at 1 meter   Audibilityrange
   Length of vesselin meters            range (Hz)        frequencies (Hz)   in dBreferred to  in nautical miles
                                                                              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 isfor information and is approximately the range at which a
  whistle mayusually be heard on its forward axis in conditions of still air onboard a vessel having average
  background noise level at the listeningposts (taken to be 68 dB in the octave band centered on 250 Hz and 63dB
  in the octave band centered on 500 Hz).
In practice the range at which a whistle may be heard is extremelyvariable and depends critically on weather
  conditions; the valuesgiven can be regarded as typical but under conditions of strong windor high ambient
  noise level at the listening post the range may bemuch reduced.



Sec. 86.07  Directional properties.

    The sound pressure level of a directional whistle shall be notmore 
than 4 dB below the sound pressure level specified inSec. 86.05 in any 
direction in the horizontal plane within45 degrees 
of the forward axis. The sound pressure level ofthe whistle in any other 
direction in the horizontal plane shall notbe more than 10 dB less than 
the sound pressure level specified forthe forward axis, so that the 
range of audibility in any directionwill be at least half the range 
required on the forward axis. Thesound pressure level shall be measured 
in that one-third octave bandwhich determines the audibility range.



Sec. 86.09  Positioning of whistles.

    (a) When a directional whistle is to be used as the only whistleon 
the vessel and is permanently installed, it shall be installed withits 
forward axis directed forward.

[[Page 231]]

    (b) A whistle shall be placed as high as practicable on avessel, in 
order to reduce interception of the emitted sound byobstructions and 
also to minimize hearing damage risk to personnel.The sound pressure 
level of the vessel's own signal at listening postsshall not exceed 110 
dB(A) and so far as practicable should not exceed100 dB(A).



Sec. 86.11  Fitting of more than one whistle.

    If whistles are fitted at a distance apart of more than 100meters, 
they shall not be sounded simultaneously.



Sec. 86.13  Combined whistle systems.

    (a) A combined whistle system is a number of whistles (soundemitting 
sources) operated together. For the purposes of the Rules acombined 
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 
theothers by at least 10 Hz, and
    (4) Have a tonal characteristic appropriate for the length ofvessel 
which shall be evidenced by at least two-thirds of the whistlesin the 
combined system having fundamental frequencies falling withinthe limits 
prescribed in Sec. 86.03, or if there are onlytwo whistles in the 
combined system, by the higher fundamentalfrequency falling within the 
limits prescribed inSec. 86.03.

    Note: If due to the presence of obstructions the sound fieldof a 
single whistle or of one of the whistles referred to inSec. 86.11 is 
likely to have a zone of greatly reducedsignal level, a combined whistle 
system should be fitted so as toovercome this reduction.



Sec. 86.15  Towing vessel whistles.

    A power-driven vessel normally engaged in pushing ahead or 
towingalongside may, at all times, use a whistle whose characteristic 
fallswithin the limits prescribed by Sec. 86.03 for the 
longestcustomary 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 soundcharacteristics 
shall produce a sound pressure level of not less than110 dB at 1 meter.



Sec. 86.23  Construction.

    Bells and gongs shall be made of corrosion-resistant material 
anddesigned to give a clear tone. The diameter of the mouth of the 
bellshall be not less than 300 mm for vessels of more than 20 meters 
inlength, and shall be not less than 200 mm for vessels of 12 to 
20meters in length. The mass of the striker shall be not less than 
3percent of the mass of the bell. The striker shall be capable ofmanual 
operation. Note: When practicable, a power-driven bell strikeris 
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 
orseparately, indicate distress and need of assistance:
    (a) A gun or other explosive signal fired at intervals of about 
aminute.
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time 
atshort intervals;
    (d) A signal made by radiotelegraphy or by any other signalingmethod 
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 232]]

    (g) A signal consisting of a square flag having above orbelow it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oilbarrel, 
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 outstretchedto 
each side;
    (l) The radiotelegraph alarm signal;
    (m) The radiotelephone alarm signal;
    (n) Signals transmitted by emergency position-indicating 
radiobeacons;
    (o) Signals transmitted by radiocommunication systems, 
includingsurvival craft radar transponders meeting the requirements of 
47 CFR80.1095.
    (p) A high intensity white light flashing at regular intervalsfrom 
50 to 70 times per minute.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended byCGD 89-024, 55 FR 
3947, Feb. 6, 1990; CGD 94-011, 63 FR5732, Feb. 4, 1998]



Sec. 87.3  Exclusive use.

    The use or exhibition of any of the foregoing signals except forthe 
purpose of indicating distress and need of assistance and the useof 
other signals which may be confused with any of the above signalsis 
prohibited.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982]



Sec. 87.5  Supplemental signals.

    Attention is drawn to the relevant sections of the InternationalCode 
of Signals, the Merchant Ship Search and Rescue Manual, theInternational 
Telecommunication Union Radio Regulations and thefollowing signals:
    (a) A piece of orange-colored canvas with either a black squareand 
circle or other appropriate symbol (for identification from theair);
    (b) A dye marker.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended byCGD 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 requirementswhen 
          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 
inlandwaters and to United States vessels operating on the Canadian 
watersof the Great Lakes to the extent there is no conflict with 
Canadianlaw.



Sec. 88.03  Definitions.

    The terms used in this part have the same meaning as defined inthe 
Inland Navigational Rules Act of 1980.



Sec. 88.05  Copy of rules.

    The operator of each self-propelled vessel 12 meters or more 
inlength shall carry on board and maintain for ready reference a copy 
ofthe Inland Navigation Rules.

[USCG-2005-21531, 70 FR 36349, June 23, 2005]



Sec. 88.09  Temporary exemption from light and shape requirements whenoperating under bridges.

    A vessel's navigation lights and shapes may be lowered ifnecessary 
to pass under a bridge.



Sec. 88.11  Law enforcement vessels.

    (a) Law enforcement vessels may display a flashing blue light 
whenengaged in direct law enforcement or public safety activities. 
Thislight must be located so that it does not interfere with 
thevisibility of the vessel's navigation lights.
    (b) The blue light described in this section may be displayed bylaw 
enforcement vessels of the United States and the States and 
theirpolitical subdivisions.

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended byCGD 90-032, 56 FR 
33385, July 22, 1991]

[[Page 233]]



Sec. 88.12  Public safety activities.

    (a) Vessels engaged in government sanctioned public 
safetyactivities, and commercial vessels performing similar functions, 
maydisplay an alternately flashing red and yellow light signal. 
Thisidentification light signal must be located so that it does 
notinterfere with the visibility of the vessel's navigation lights. 
Theidentification light signal may be used only as an 
identificationsignal and conveys no special privilege. Vessels using 
theidentification light signal during public safety activities must 
abideby the Inland Navigation Rules, and must not presume that the light 
orthe exigency gives them precedence or right of way.
    (b) Public safety activities include but are not limited 
topatrolling marine parades, regattas, or special water 
celebrations;traffic control; salvage; firefighting; medical assistance; 
assistingdisabled 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 practicablein 
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 
navigablewidth of any channel to less than 80 meters.
    (3) Barges moored in groups more than two barges wide or to amaximum 
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 carrytwo 
unobstructed all-round white lights of an intensity to be visiblefor at 
least 1 nautical mile and meeting the technical requirements 
asprescribed in Sec. 84.15 of this chapter.
    (c) A barge or group of barges at anchor or made fast to one ormore 
mooring buoys or other similar device, in lieu of the provisionsof 
Inland Navigation Rule 30, may carry unobstructed all-round whitelights 
of an intensity to be visible for at least 1 nautical mile thatmeet the 
requirements of Sec. 84.15 of this chapter andshall be arranged as 
follows:
    (1) Any barge that projects from a group formation, shall belighted 
on its outboard corners.
    (2) On a single barge moored in water where other vessels 
normallynavigate on both sides of the barge, lights shall be placed to 
markthe corner extremities of the barge.
    (3) On barges moored in group formation, moored in water whereother 
vessels normally navigate on both sides of the group, lightsshall be 
placed to mark the corner extremities of the group.
    (d) The following are exempt from the requirements of thissection:
    (1) A barge or group of barges moored in a slip or slough 
usedprimarily 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 
specialanchorage area designated in accordance with Sec. 109.10 ofthis 
chapter.
    (e) Barges moored in well-illuminated areas are exempt from 
thelighting 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 234]]

                           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 byCGD 94-011, 63 FR 
5732, Feb. 4, 1998]



Sec. 88.15  Lights on dredge pipelines.

    Dredge pipelines that are floating or supported on trestles 
shalldisplay the following lights at night and in periods of 
restrictedvisibility.
    (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 
anavigable channel. Where the pipeline does not cross a navigablechannel 
the lights must be sufficient in number to clearly show thepipeline's 
length and course.
    (b) Two red lights at each end of the pipeline, including the endsin 
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 
thesame height above the water as the flashing yellow light.



PART 89_INLAND NAVIGATION RULES: IMPLEMENTINGRULES--Table of Contents




             Subpart A_Certificate of Alternative Compliance

Sec.
89.1 Definitions.
89.3 General.
89.5 Application for a Certificate of AlternativeCompliance.
89.9 Certificate of Alternative Compliance: Contents.
89.17 Certificate of Alternative Compliance: Termination.
89.18 Record of certification of vessels of specialconstruction or 
          purpose.

    Subpart B_Waters Upon Which Certain Inland Navigation RulesApply

89.21 Purpose.
89.23 Definitions.
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and15(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 containedin 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 vesseldesigned 
or modified to perform a special function and whosearrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurswhen 
installation or use of lights, shapes, or sound-signalingappliances 
under the Inland Rules prevents or significantly hindersthe operation in 
which the vessel is usually engaged.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended byCGD 83-028, 49 FR 
33876, Aug. 27, 1984]



Sec. 89.3  General.

    Vessels of special construction or purpose which cannot fullycomply

[[Page 235]]

with the light, shape, and sound signal provisions of theInland Rules 
without interfering with their special function mayinstead meet 
alternative requirements. The Chief of the Marine SafetyDivision in each 
Coast Guard District Office makes this determinationand requires that 
alternative compliance be as close as possible withthe Inland Rules. 
These regulations set out the procedure by which avessel may be 
certified for alternative compliance. The informationcollection and 
recordkeeping requirements inSec. Sec. 89.5 and 89.18 have been 
approved by the Officeof Management and Budget under OMB control No. 
1625-0019.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended byUSCG-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 
specialconstruction or purpose who believes the vessel cannot fully 
complywith the Inland Rules light, shape, or sound signal provisions 
withoutinterference with its special function may apply for a 
determinationthat alternative compliance is justified. The application 
must be inwriting, submitted to the Chief of the Marine Safety Division 
of theCoast 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 numberor 
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 
ofAlternative Compliance is sought, including:
    (i) The Inland Rules Rule or Annex section number for which 
theCertificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel thatwould 
be interfered with by full compliance with the provision of thatRule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with 
thespecial function of the vessel.
    (6) A description of the alternative installation that is inclosest 
possible compliance with the applicable Inland NavigationRules Rule or 
Annex section.
    (7) A copy of the vessel's plans or an accurate scale drawing 
thatclearly shows:
    (i) The required installation of the equipment under the 
InlandRules,
    (ii) The proposed installation of the equipment for 
whichcertification is being sought, and
    (iii) Any obstructions that may interfere with the equipment 
wheninstalled in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant 
additionalinformation 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 
ofAlternative Compliance to the vessel based on a determination that 
itcannot comply fully with Inland Rules light, shape, and sound 
signalprovisions without interference with its special function. 
ThisCertificate includes:
    (a) Identification of the vessel as supplied in the applicationunder 
Sec. 89.5(a)(2);
    (b) The provision of the Inland Rules for which the 
Certificateauthorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully 
withthe Inland Rules light, shape, and sound signal requirements 
withoutinterference with its special function;
    (d) A statement of why full compliance would interfere with 
thespecial function of the vessel;
    (e) The required alternative installation;

[[Page 236]]

    (f) A statement that the required alternative installation isin the 
closest possible compliance with the Inland Rules withoutinterfering 
with the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative 
Complianceterminates when the vessel ceases to be usually engaged in 
theoperation for which the certificate is issued.



Sec. 89.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if 
theinformation supplied under Sec. 89.5(a) or the Certificateissued 
under Sec. 89.9 is no longer applicable to thevessel.



Sec. 89.18  Record of certification of vessels of special construction orpurpose.

    (a) Copies of Certificates of Alternative Compliance 
anddocumentation concerning Coast Guard vessels are available 
forinspection at the offices of Assistant Commandant for Marine 
Safety,Security and Environmental Protection, U.S. Coast Guard 
Headquarters,2100 Second Street SW., Washington, DC 20593-0001.
    (b) The owner or operator of a vessel issued a Certificate 
shallensure that the vessel does not operate unless the Certificate 
ofAlternative Compliance or a certified copy of that Certificate is 
onboard the vessel and available for inspection by Coast Guardpersonnel.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended byCGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR33663, 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 RulesApply



Sec. 89.21  Purpose.

    Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to theGreat 
Lakes, and along with 24(i), apply on the ``WesternRivers'' as defined 
in Rule 3(1), and to additional specificallydesignated waters. The 
purpose of this Subpart is to specify thoseadditional 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 containedin the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591,33 U.S.C. 2001 et. 
seq.) and the technical annexes established underthat 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 
JacksonRiver.

[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 thespecified 
waters listed in Sec. 89.25 (a) through (i).
    (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterwayfrom 
St. Marks, Florida, to the Rio Grande, Texas, including theMorgan City-
Port Allen Alternate Route and the Galveston-FreeportCutoff, except that 
a power-driven vessel pushing ahead or towingalongside 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 284.6East 
of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4EHL.
    (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the 
Light``10'' off of Trout Point at Mile 176.9 EHL to thePensacola Fixed 
Bridge at Mile 189.1 EHL.

[[Page 237]]

    (3) Mobile Bay and Bon Secour Bay from the Dauphin IslandCauseway 
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile140 EHL.
    (4) Mississippi Sound from Grand Island Waterway Light``1'' at Mile 
53.8 EHL to Light ``40'' off theWest Point of Dauphin Island at Mile 
118.7 EHL.
    (5) The Mississippi River at New Orleans, Mississippi River-
GulfOutlet Canal and the Inner Harbor Navigation Canal from the 
junctionof the Harvey Canal and the Algiers Alternate Route at Mile 6.5 
Westof Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL.
    (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHLto 
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 346WHL 
to the Galveston Causeway Bridge at Mile 357.3 WHL.
    (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 
393.8WHL 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'ConnorJetty at Mile 472.2 
WHL.
    (11) Corpus Christi Bay from Redfish Bay Day Beacon``55'' at Mile 
537.4 WHL when in the Gulf IntracoastalWaterway main route or from the 
north end of Lydia Ann Island Mile531.1A when in the Gulf Intracoastal 
Waterway Alternate Route toCorpus Christi Bay LT 76 at Mile 543.7 WHL.
    (12) Port Isabel and Brownsville Ship Channel south of the 
PadreIsland 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 
thepublic 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 vesseland 
a vessel being pushed ahead are rigidly connected in a compositeunit, 
they are regarded as a power-driven vessel and must exhibit thelights 
prescribed in Rule 23. A ``composite unit'' isinterpreted to be the 
combination of a pushing vessel and a vesselbeing push ahead that are 
rigidly connected by mechanical means sothey react to sea and swell as 
one vessel. Mechanical means does notinclude lines, wires, hawsers, or 
chains.



Sec. 90.5  Lights for moored vessels.

    A vessel at anchor includes a vessel made fast to one ormore mooring 
buoys or other similar device attached to the oceanfloor. Such vessels 
may be lighted as a vessel at anchor in accordancewith Rule 30, or may 
be lighted on the corners in accordance with 33CFR 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 COLREGSRule 
24(h). However, this exception only applies to the verticalsector 
requirements for sidelights.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]

[[Page 239]]

                                  INDEX

                    SUBCHAPTER E_INLAND NAVIGATION RULES

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

Annex I: Positioning and Technical Details of Lights andShapes...Part 84
Annex II: Additional Signals for Fishing Vessels Fishing in 
CloseProximity...................................................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 
fishingvessels, 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 240]]

                                 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 moored barges............................................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 
orpurpose..........................................................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 
whenoperating 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 241]]



                SUBCHAPTER F_VESSEL OPERATING REGULATIONS





PART 95_OPERATING A VESSEL WHILE UNDER THEINFLUENCE 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 adangerous drug.
95.025 Adoption of State blood alcohol concentration levels.
95.030 Evidence of under the influence of alcohol or adangerous 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, orsubject to 
          inspection, under Chapter 33 of Title 46 United StatesCode.
95.050 Responsibility for compliance.

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department ofHomeland 
Security 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 influenceof 
alcohol or a dangerous drug standards under 46 U.S.C. 2302 and 
toprescribe restrictions and responsibilities for personnel on 
vesselsinspected, or subject to inspection, under Chapter 33 of Title 
46United States Code. This part does not pre-empt enforcement by a 
Stateof its applicable laws and regulations concerning operating 
arecreational vessel while under the influence of alcohol or adangerous 
drug.
    (b) Nothing in this part shall be construed as limiting theauthority 
of a vessel's marine employer to limit or prohibit the useor possession 
of alcohol on board a vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended byUSCG-1998-4593, 66 
FR 1862, Jan. 10, 2001]



Sec. 95.005  Applicability.

    (a) This part is applicable to a vessel (except those excluded by46 
U.S.C. 2109) operated on waters subject to the jurisdiction of theUnited 
States, and to a vessel owned in the United States on the highseas. This 
includes a foreign vessel operated on waters subject to thejurisdiction 
of the United States.
    (b) This part is also applicable at all times to vesselsinspected, 
or subject to inspection, under Chapter 33 of Title 46United States 
Code.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD84-009, 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 
100milliliters of blood, or grams of alcohol per 210 liters of breath.
    Blood alcohol concentration level means a certain percentageof 
alcohol in the blood.
    Chemical test means a test which analyzes an individual'sbreath, 
blood, urine, saliva and/or other bodily fluids or tissues forevidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21U.S.C. 802 
and includes all substances listed on Schedules I through Vas they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has knownmind or 
function-altering effects on a person, specifically includingany 
psychoactive substance, and including, but not limited to,controlled 
substances.
    Intoxicant means any form of alcohol, drug or combinationthereof.
    Law enforcement officer means a Coast Guard commissioned,warrant, or 
petty officer; or any other law enforcement officerauthorized to obtain 
a chemical test under Federal, State, or locallaw.
    Marine employer means the owner, managing operator,charterer, agent, 
master, or person in charge of a vessel other than arecreational vessel.
    Recreational vessel means a vessel meeting the definition in46 
U.S.C. 2101(25) that is then being used only for pleasure.

[[Page 242]]

    State means a State or Territory of the United Statesof 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 VirginIslands.
    Under the influence means impaired or intoxicated by a drugor 
alcohol as a matter of law.
    Underway means that a vessel is not at anchor, or made fastto the 
shore, or aground.
    Vessel includes every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water.
    Vessel owned in the United States means any vesseldocumented or 
numbered under the laws of the United States; and, anyvessel owned by a 
citizen of the United States that is not documentedor numbered by any 
nation.
    Waters subject to the jurisdiction of the United Statesmeans those 
waters described in Sec. 2.38 of this chapter.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD84-099, 53 FR 13117, April 
21, 1988, as amended byUSCG-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 
beoperating a vessel when:
    (a) The individual has an essential role in the operation of 
arecreational vessel underway, including but not limited to navigationof 
the vessel or control of the vessel's propulsion system.
    (b) The individual is a crewmember (including a licensedindividual), 
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 dangerousdrug 
when:
    (a) The individual is operating a recreational vessel and has aBlood 
Alcohol Concentration (BAC) level of .08 percent or more, byweight, in 
their blood;
    (b) The individual is operating a vessel other than a 
recreationalvessel and has an alcohol concentration of .04 percent by 
weight ormore in their blood; or,
    (c) The individual is operating any vessel and the effect of 
theintoxicant(s) consumed by the individual on the person's 
manner,disposition, speech, muscular movement, general appearance or 
behavioris apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD84-099, 53 FR 13117, April 
21, 1988, as amended byUSCG-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 
onwaters within the geographical boundaries of any State that 
hasestablished by statute a blood alcohol concentration level 
forpurposes of determining whether a person is operating a vessel 
underthe influence of alcohol.
    (b) If the applicable State statute establishes a blood 
alcoholconcentration level at which a person is considered or presumed 
to beunder the influence of alcohol, then that level applies within 
thegeographical boundaries of that State instead of the level provided 
inSec. 95.020(a) of this part.
    (c) For the purposes of this part, a standard established by 
Statestatute and adopted under this section is applicable to the 
operationof any recreational vessel on waters within the 
geographicalboundaries of the State.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended byUSCG-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 theinfluence 
of alcohol or a dangerous drug includes, but is not limitedto:
    (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; CGD84-009, 53 FR 13117, Apr. 
21, 1988, as amended byUSCG-1998-4593, 66 FR 1862, Jan. 10, 2001]

[[Page 243]]



Sec. 95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may directan 
individual operating a vessel to undergo a chemical test whenreasonable 
cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of 
amarine casualty as defined in Chapter 61 of Title 46, United 
StatesCode, or
    (2) The individual is suspected of being in violation of 
thestandards in Sec. Sec. 95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, 
theindividual to be tested must be informed of that fact and directed 
toundergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base adetermination 
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; CGD84-099, 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 
theadministration of a timely chemical test when directed by a 
lawenforcement officer based on reasonable cause, evidence of the 
refusalis admissible in evidence in any administrative proceeding and 
theindividual will be presumed to be under the influence of alcohol or 
adangerous drug.
    (b) If an individual refuses to submit to or cooperate in 
theadministration of a timely chemical test when directed by the 
marineemployer based on reasonable cause, evidence of the refusal 
isadmissible in evidence in any administrative proceeding.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended byUSCG-1998-4593, 66 
FR 1862, Jan. 10, 2001]



Sec. 95.045  General operating rules for vessels inspected, or subject toinspection, under Chapter 33 of Title 46 United States Code.

    While on board a vessel inspected, or subject to inspection, 
underChapter 33 of Title 46 United States Code, a crewmember (including 
alicensed individual), pilot, or watchstander not a regular member ofthe 
crew:
    (a) Shall not perform or attempt to perform any scheduled 
dutieswithin 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 
drugprovided 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 
assurecompliance with the applicable provisions of this part.
    (b) If the marine employer has reason to believe that anindividual 
is intoxicated, the marine employer shall not allow thatindividual to 
stand watch or perform other duties.



PART 96_RULES FOR THE SAFE OPERATION OF VESSELSAND 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 managementsystem meet?
96.250 What documents and reports must a safety managementsystem have?

    Subpart C_How Will Safety Management Systems BeCertificated and 
                                Enforced?

96.300 Purpose.
96.310 Who does this subpart apply to?
96.320 What is involved to complete a safety managementaudit and when is 
          it required to be completed?
96.330 Document of Compliance certificate: what is it andwhen is it 
          needed?
96.340 Safety Management Certificate: what is it and when isit needed?

[[Page 244]]

96.350 Interim Document of Compliance certificate: whatis it and when 
          can it be used?
96.360 Interim Safety Management Certificate: what is it andwhen can it 
          be used?
96.370 What are the requirements for vessels of countriesnot party to 
          Chapter IX of SOLAS?
96.380 How will the Coast Guard handle compliance andenforcement of 
          these regulations?
96.390 When will the Coast Guard deny entry into a U.S.port?

 Subpart D_Authorization of Recognized Organizations To Acton 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 thisregulation?
96.430 How does an organization submit a request to beauthorized?
96.440 How will the Coast Guard decide whether to approve 
          anorganization's request to be authorized?
96.450 What happens if the Coast Guard disapproves anorganization's 
          request to be authorized?
96.460 How will I know what the Coast Guard requires of myorganization 
          if my organization receives authorization?
96.470 How does the Coast Guard terminate an 
          organization'sauthorization?
96.480 What is the status of a certificate if the issuingorganization 
          has its authority terminated?
96.490 What further obligations exist for my organization ifthe Coast 
          Guard terminates its authorization?
96.495 How can I appeal a decision made by an authorizedorganization?

    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 
Conventionfor the Safety of Life at Sea (SOLAS), 1974, International 
ManagementCode 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 theInternational 
Maritime Organization, Publication Section, 4 AlbertEmbankment, London, 
SE1 75R, United Kingdom, Telex 23588. Pleaseinclude document reference 
number ``IMO-190E'' inyour 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) andmust 
comply with Chapter IX of SOLAS;
    (b) You are a responsible person who owns a U.S. vessel(s) that 
isnot required to comply with Chapter IX of SOLAS, but 
requestsapplication 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 thejurisdiction of 
the U.S., which must comply with Chapter IX of SOLAS;or
    (d) You are a recognized organization applying for authorizationto 
act on behalf of the U.S. to conduct safety management audits andissue 
international convention certificates.



Sec. 96.120  Definitions.

    (a) Unless otherwise stated in this section, the definitions 
inChapter IX, Regulation 1 of the International Convention for theSafety 
of Life at Sea (SOLAS) apply to this part.
    (b) As used in this part--
    Administration means the Government of the State whose flagthe ship 
is entitled to fly.
    Authorized Organization Acting on behalf of the U.S. meansan 
organization that is recognized by the Commandant of the U.S. CoastGuard 
under the minimum standards of subparts A and B of 46 CFR part8, and has 
been authorized under this section to conduct certainactions and 
certifications on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guardofficer as 
described in 33 CFR 6.01-3, commanding a Captain ofthe Port zone 
described in 33 CFR part 3, or that person's authorizedrepresentative.
    Commandant means the Commandant, U.S. Coast Guard.
    Company means the owner of a vessel, or any otherorganization or 
person such as the manager or the bareboat chartererof a vessel, who has 
assumed the responsibility for operation of thevessel from the shipowner 
and who on

[[Page 245]]

assuming responsibility hasagreed to take over all the duties and 
responsibilities imposed bythis part or the ISM Code.
    Designated person means a person or persons designated inwriting by 
the responsible person who monitors the safety managementsystem of the 
company and vessel and has:
    (1) Direct access to communicate with the highest levels of 
thecompany and with all management levels ashore and aboard the 
company'svessel(s);
    (2) Responsibility to monitor the safety and environmental aspectsof 
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 acompany or 
responsible person that complies with the requirements ofthis part or 
the ISM Code.
    International Safety Management (ISM) Code means theInternational 
Management Code for the Safe Operation of Ships andPollution Prevention, 
Chapter IX of the Annex to the InternationalConvention for the Safety of 
Life at Sea (SOLAS), 1974.
    Non-conformity means an observed situation where objectiveevidence 
indicates the non-fulfillment of a specified requirement.
    Major non-conformity means an identifiable deviation whichposes a 
serious threat to personnel or vessel safety or a serious riskto the 
environment and requires immediate corrective action; inaddition, the 
lack of effective and systematic implementation of arequirement of the 
ISM Code is also considered a major non-conformity.
    Objective Evidence means quantitative or qualitativeinformation, 
records or statements of fact pertaining to safety or tothe existence 
and implementation of a safety management systemelement, which is based 
on observation, measurement or test and whichcan be verified.
    Officer In Charge, Marine Inspection (OCMI) means the U.S.Coast 
Guard officer as described in 46 CFR 1.01-15(b), incharge of an 
inspection zone described in 33 CFR part 3, or thatperson's authorized 
representative.
    Recognized organization means an organization which hasapplied and 
been recognized by the Commandant of the Coast Guard tomeet 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 
ofthe vessel to which this part applies; and
    (ii) agreed to assume, with respect to the vessel, responsibilityfor 
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 
independentexamination to determine whether the safety management 
systemactivities and related results comply with planned arrangements 
andwhether these arrangements are implemented effectively and 
aresuitable to achieve objectives.
    Safety Management Certificate means a document issued to avessel 
which signifies that the responsible person or its company, andthe 
vessel's shipboard management operate in accordance with theapproved 
safety management system.
    Safety Management System means a structured and documentedsystem 
enabling Company and vessel personnel to effectively implementthe 
responsible person's safety and environmental protection policies.
    SOLAS means the International Convention for the Safety ofLife at 
Sea, 1974, as amended.
    Vessel engaged on a foreign voyage means a vessel to whichthis part 
applies that is--
    (1) Arriving at a place under the jurisdiction of the UnitedStates 
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 
UnitedStates for a place in a foreign country.



Sec. 96.130  Incorporation by reference.

    (a) The Director of the Federal Register approves certain 
materialthat is

[[Page 246]]

incorporated by reference into this subpart under 5U.S.C. 552(a) and 1 
CFR part 51. To enforce any edition other thanthat specified in 
paragraph (b) of this section, the Coast Guard mustpublish notice of the 
change in the Federal Register and thematerial must be available to the 
public. You may inspect all materialat the U.S. Coast Guard, Office of 
Design and Engineering Standards(G-MSE), 2100 Second St., SW., 
Washington, DC 20593-0001, or atthe National Archives and Records 
Administration (NARA), and receiveit from the source listed in paragraph 
(b) of this section. Forinformation on the availability of this material 
at NARA, call202-741-6030, 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 
thissubpart and the sections affected are as follows:

American National Standards Institute (ANSI)--11 West42nd St., New York, 
          NY 10036.

    ANSI/ASQC Q9001-1994, Quality Systems--Model forQuality Assurance in 
Design, Development, Production, Installation,and Servicing, 1994--
96.430

International Maritime Organization IMO--4 AlbertEmbankment, London, SE1 
          7SR, United Kingdom.

    Resolution A.741(18), International Management Code for the 
SafeOperation of Ships and for Pollution Prevention, November 4,1993--
96.220, 96.370
    Resolution A.788 (19), Guidelines on Implementation of 
theInternational Safety Management (ISM) Code by 
Administrations,November 23, 1995--96.320, 96.440
    Resolution A.739(18), Guidelines for the Authorization 
ofOrganizations Acting on Behalf of the Administration, November 
4,1993--96.440

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended at69 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 
safetymanagement system of a company and its U.S. flag vessel(s) must 
meetfor certification to comply with the requirements of 46 U.S.C.3201-
3205 and Chapter IX of SOLAS, 1974. It also permitscompanies with U.S. 
flag vessels that are not required to comply withthis part to 
voluntarily develop safety management systems which canbe 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 thatare--
    (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 ormore; 
and
    (3) To all foreign vessels engaged on a foreign voyage, bound 
forports or places under the jurisdiction of the U.S., and subject 
toChapter 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 tributaryand 
connecting waters; or
    (5) A public vessel, which includes a U.S. vessel of the 
NationalDefense Reserve Fleet owned by the U.S. Maritime Administration 
andoperated in non-commercial service.
    (c) Any responsible person and their company who owns and operatesa 
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 ofSOLAS 
and have their safety management systems certificated.
    (d) The compliance date for the requirements of this partare--
    (1) On or after July 1, 1998, for--
    (i) Vessels transporting more than 12 passengers engaged on aforeign 
voyage; or
    (ii) Tankers, bulk freight vessels, or high speed freight vesselsof 
at least 500 gross tons or more, engaged on a foreign voyage.

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    (2) On or after July 1, 2002, for other freight vessels andself-
propelled mobile offshore drilling units (MODUs) of at least 500gross 
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 
responsibleperson'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 
thefunctional standards and performance elements of IMO 
ResolutionA.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 
workenvironment onboard the type of vessel the system is developed for;
    (b) Establish and implement safeguards against all identifiedrisks;
    (c) Establish and implement actions to continuously improve 
safetymanagement skills of personnel ashore and aboard vessels, 
includingpreparation for emergencies related to both safety and 
environmentalprotection; and
    (d) Ensure compliance with mandatory rules and regulations, 
takinginto account relevant national and international 
regulations,standards, codes and maritime industry guidelines, when 
developingprocedures 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 
mustinclude--
    (a) A written statement from the responsible person stating 
thecompany's safety and environmental protection policy;
    (b) Instructions and procedures to provide direction for the 
safeoperation of the vessel and protection of the environment 
incompliance with the applicable U.S. Code of Federal Regulations, 
andinternational conventions to which the U.S. is a party (SOLAS, 
MARPOL,etc.);
    (c) Documents showing the levels of authority and lines 
ofcommunication between shoreside and shipboard personnel;
    (d) Procedures for reporting accidents, near accidents, and non-
conformities with provisions of the company's and vessel's 
safetymanagement system, and the ISM Code;
    (e) Procedures to prepare for and respond to emergency situationsby 
shoreside and shipboard personnel;
    (f) Procedures for internal audits on the operation of the 
companyand vessel(s) safety management system; and
    (g) Procedures and processes for management review of 
companyinternal audit reports and correction of non-conformities that 
arereported 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 
systemunder Sec. 96.330 or Sec. 96.340 must include thewritten 
documents and reports itemized in Table 96.250. Thesedocuments and 
reports must be available to the company's shore-basedand vessel(s)-
based personnel:

       Table 96.250--Safety Management SystemDocuments and Reports
------------------------------------------------------------------------
   Type of documents and reports            Specificrequirements
------------------------------------------------------------------------
(a) Safety and environmental        (1) Meet theobjectives of Sec.
 policy statements.                  96.230; and
                                    (2) Are carried out and kept current
                                     at all levels of the company;
(b) Company responsibilities and    (1) Theowners name and details of
 authority statements.               responsibility for operation of the
                                     companyand vessel(s);
                                    (2) Name of the person responsible
                                     for operation of the company
                                     andvessel(s), if not the owner;

[[Page 248]]

 
                                    (3) Responsibility, authority and
                                     interrelations ofall personnel who
                                     manage, perform, and verify work
                                     relating to andaffecting the safety
                                     and pollution prevention operations
                                     of thecompany and vessel(s); and
                                    (4) A statement describing the
                                     company's responsibilityto ensure
                                     adequate resources and shore-based
                                     support are provided toenable the
                                     designated person or persons to
                                     carry out theresponsibilities of
                                     this subpart.
(c) Designation in writing of a     (1) Havedirect access to communicate
 person or persons to monitor        with the highest levels of the
 thesafety management system for     companyand with all management
 the company and vessel(s).          levels ashore and aboard the
                                     company'svessel(s);
                                    (2) Have the written responsibility
                                     to monitor the safety
                                     andenvironmental aspects of the
                                     operation of each vessel; and
                                    (3) Have the written responsibility
                                     to ensure there are adequatesupport
                                     and shore-based resources for
                                     vessel(s) operations.
(d) Written statements that define  (1) Carry out the company's safety
 the Master's responsibilitiesand    and environmentalpolicies;
 authorities.                       (2) Motivate the vessel's crew to
                                     observe the safety managementsystem
                                     policies;
                                    (3) Issue orders and instructions in
                                     a clear and simplemanner;
                                    (4) Make sure that specific
                                     requirements are carried outby 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     (1) Ability tomake decisions about
 Master has                          safety and environmental pollution;
 overridingresponsibility and        and
 authority to make vessel           (2) Ability to request the company's
 decisions.                          help when necessary.
(f) Personnel procedures and        (1) Masters of vessels are properly
 resources which are available       qualified forcommand;
 ashoreand aboard ship..            (2) Masters of vessels know the
                                     company's safety management system;
                                    (3) Owners or companies provide the
                                     necessary support so that
                                     theMaster's duties can be safely
                                     performed;
                                    (4) Each vessel is properly crewed
                                     with qualified,certificated and
                                     medically fit seafarers complying
                                     with national andinternational
                                     requirements;
                                    (5) New personnel and personnel
                                     transferred to newassignments
                                     involving safety and protection of
                                     the environment areproperly
                                     introduced to their duties;
                                    (6) Personnel involved with the
                                     company's safetymanagement system
                                     have an adequate understanding of
                                     the relevantrules, regulations,
                                     codes and guidelines;
                                    (7) Needed training is identified to
                                     support the safetymanagement system
                                     and ensure that the training is
                                     provided for allpersonnel
                                     concerned;
                                    (8) Communication of relevant
                                     procedures for the
                                     vessel'spersonnel involved with the
                                     safety management system is in
                                     thelanguage(s) understood by them;
                                     and
                                    (9) Personnel are able to
                                     communicate effectively
                                     whencarrying out their duties as
                                     related to the safety management
                                     system.
(g) Vessel safety and pollution     (1) Define tasks; and
 prevention operation plans         (2) Assign qualified personnel to
 andinstructions for key shipboard   specific tasks.
 operations..
(h) Emergency preparedness          (1) Identify, describe anddirect
 procedures..                        response to potential emergency
                                     shipboard situations;
                                    (2) Set up programs for drills and
                                     exercises to prepare foremergency
                                     actions; and
                                    (3) Make sure that the company's
                                     organization can respond atanytime,
                                     to hazards, accidents and emergency
                                     situations involvingtheir
                                     vessel(s).
(i) Reporting procedures on         (1) Report non-conformities of the
 required actions..                  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
                                     theobjective of improving safety
                                     and pollution prevention.
(j) Vessel maintenance procedures.  (1) Inspect vessel's equipment,hull,
 (These procedures verify that       and machinery at appropriate
 acompany's vessel(s) is             intervals;
 maintained in conformity with the  (2) Report any non-conformity or
 provisions ofrelevant rules and     deficiency with its possible
 regulations, with any additional    cause,if known;
 requirements whichmay be           (3) Take appropriate corrective
 established by the company.).       actions;
                                    (4) Keep records of these
                                     activities;
                                    (5) Identify specific equipment and
                                     technical systems that mayresult in
                                     a hazardous situation if a sudden
                                     operational failureoccurs;
                                    (6) Identify measures that promote
                                     the reliability of theequipment and
                                     technical systems identified in
                                     paragraph (j)(5), andregularly test
                                     standby arrangements and equipment
                                     or technical systemsnot in
                                     continuous use; and
                                    (7) Include the inspections required
                                     by this section intothe vessel's
                                     operational maintenance routine.
(k) Safety management system        (1)Procedures which establish and
 document and data maintenance.      maintain control of all documents
                                     anddata 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 thatvessels
                                     operation;

[[Page 249]]

 
                                    (3) Changes to documents are
                                     reviewed and approvedby authorized
                                     personnel; and
                                    (4) Outdated documents are promptly
                                     removed.
(l) Safety management system        (1) Periodic evaluation ofthe safety
 internal audits which verify        management system's efficiency and
 thesafety and pollution             review of the system inaccordance
 prevention activities.              with the established procedures of
                                     the company, whenneeded;
                                    (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 companyand vessel
                                     audits; and
                                    (4) Communication and reporting of
                                     internal auditfindings for critical
                                     management review and to ensure
                                     managementpersonnel of the area
                                     audited take timely and corrective
                                     action onnon-conformities or
                                     deficiencies found.
------------------------------------------------------------------------
Note: The documents and reports required by this part are for thepurpose
  of promoting safety of life and property at sea, as well asprotection
  of the environment. The documents and reports are intendedto ensure
  the communication and understanding of company and vesselsafety
  management systems, which will allow a measure of the
  systemseffectiveness and its responsible person to continuously
  improve thesystem and safety the system provides.



    Subpart C_How Will Safety Management Systems BeCertificated and 
                                Enforced?



Sec. 96.300  Purpose.

    This subpart establishes the standards for the responsible personof 
a company and its vessel(s) to obtain the required and 
voluntary,national and international certification for the company's 
andvessel'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 holdscertificates 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 thispart and Chapter 
IX of SOLAS;
    (c) To all foreign vessels engaged on a foreign voyage, bound 
forports or places under the jurisdiction of the U.S., and subject 
toChapter IX of SOLAS; or
    (d) If you are a recognized organization authorized by the U.S. 
tocomplete safety management audits and certification required by 
thispart.



Sec. 96.320  What is involved to complete a safety management audit and when isit 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 
ofCompliance certificate or a Safety Management Certificate is issued;
    (2) A renewal audit which is carried out before the renewal of 
aDocument of Compliance certificate or a Safety Management Certificate;
    (3) Periodic audits including--
    (i) An annual verification audit, as described inSec. 96.330(f) of 
this part, and
    (ii) An intermediate verification audit, as described inSec. 
96.340(e)(2) of this part.
    (b) A satisfactory audit means that the auditor(s) agrees that 
therequirements of this part are met, based on review and verification 
ofthe procedures and documents that make up the safety managementsystem.
    (c) Actions required during safety management audits for a 
companyand their U.S. vessel(s) are--
    (1) Review and verify the procedures and documents that make up 
asafety management system, as defined in subpart B of this part.
    (2) Make sure the audit complies with this subpart and isconsistent 
with IMO Resolution A.788(19), Guidelines on Implementationof the 
International Safety Management (ISM) Code by Administrations.
    (3) Make sure the audit is carried out by a team of Coast 
Guardauditors or auditors assigned by a recognized organization 
authorizedto complete such actions by subpart D of this part.
    (d) Safety management audits for a company and their U.S.vessel(s) 
are required--

[[Page 250]]

    (1) Before issuing or renewing a Document of Compliancecertificate, 
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, asdescribed 
in Sec. 96.340 of this part.


However, any safety management audit for the purpose ofverifying a 
vessel's safety management system will not be scheduled orconducted for 
a company's U.S. vessel unless the company first hasundergone a safety 
management audit of the company's safety managementsystem, and has 
received its Document of Compliance certificate.
    (e) Requests for all safety management audits for a company andits 
U.S. vessel(s) must be communicated--
    (1) By a responsible person directly to a recognized 
organizationauthorized by the U.S.
    (2) By a responsible person within the time limits for an 
annualverification audit, described in Sec. 96.330(f) of thispart, and 
for an intermediate verification audit, described inSec. 96.340(e)(2) 
of this part. If he or she does not make arequest for a safety 
management annual or verification audit for avalid Document of 
Compliance certificate issued to a company or avalid Safety Management 
Certificate issued to a vessel, this is causefor the Coast Guard to 
revoke the certificate as described inSec. Sec. 96.330 and 96.340 of 
this part.
    (f) If a non-conformity with a safety management system is 
foundduring an audit, it must be reported in writing by the auditor:
    (1) For a company's safety management system audit, to thecompany's 
owner; and
    (2) For a vessel's safety management system audit, to thecompany's 
owner and vessel's Master.



Sec. 96.330  Document of Compliance certificate: what is it and when is itneeded?

    (a) You must hold a valid Document of Compliance certificate ifyou 
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 
Compliancecertificate, 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 
onlyafter you complete a satisfactory safety management audit as 
describedin Sec. 96.320 of this part.
    (d) All U.S. and foreign vessels that carry more than 12passengers 
or a tanker, bulk freight vessel, freight vessel, or aself-propelled 
mobile offshore drilling unit of 500 gross tons ormore, must carry a 
valid copy of the company's Document of Compliancecertificate onboard 
when on a foreign voyage.
    (e) A valid Document of Compliance certificate covers the type 
ofvessel(s) on which a company's safety management system initial 
safetymanagement audit was based. The validity of the Document of 
Compliancecertificate may be extended to cover additional types of 
vessels aftera satisfactory safety management audit is completed on the 
company'ssafety 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 bythe Coast 
Guard or by an authorized organization acting on behalf ofthe U.S. 
through a safety management verification audit, within threemonths 
before or after the certificate's anniversary date.
    (g) Only the Coast Guard may revoke a Document of 
Compliancecertificate from a company which owns a U.S. vessel. The 
Document ofCompliance certificate may be revoked if--
    (1) The annual safety management audit and system 
verificationrequired by paragraph (f) of this section is not completed 
by theresponsible person; or
    (2) Major non-conformities are found in the company's 
safetymanagement system during a safety management audit or other 
relatedsurvey or inspection being completed by the Coast

[[Page 251]]

Guard or therecognized organization chosen by the company or responsible 
person.
    (3) The Coast Guard or an authorized organization acting on 
itsbehalf is denied, or restricted access to, any vessel, record 
orpersonnel of the company, at any time necessary to evaluate the 
safetymanagement system.
    (h) When a company's valid Document of Compliance certificate 
isrevoked by the Coast Guard, a satisfactory safety management auditmust 
be completed before a new Document of Compliance certificate forthe 
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 
validSafety 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 SafetyManagement 
Certificate even if your vessel is not required to byparagraph (a) of 
this section.
    (c) Your U.S. vessel may only be issued a Safety 
ManagementCertificate or have it renewed when your company holds a 
validDocument of Compliance certificate issued under Sec. 96.330of this 
part and the vessel has completed a satisfactory safetymanagement audit 
of the vessel's safety management system set out inSec. 96.320 of this 
part.
    (d) A copy of your vessel's valid Safety Management Certificatemust 
be on board all U.S. and foreign vessels which carry more than 
12passengers, and must be on board a tanker, bulk freight vessel,freight 
vessel, or a self-propelled mobile offshore drilling unit of500 gross 
tons or more, when engaged on foreign voyages or within U.S.waters.
    (e) A Safety Management Certificate is valid for 60 months. 
Thevalidity of the Safety Management Certificate is based on--
    (1) A satisfactory initial safety management audit;
    (2) A satisfactory intermediate verification audit requested bythe 
vessel's responsible person, completed between the 24th and 36thmonth of 
the certificate's period of validity; and
    (3) A vessel's company holding a valid Document of 
Compliancecertificate. When a company's Document of Compliance 
certificateexpires or is revoked, the Safety Management Certificate for 
thecompany-owned vessel(s) is invalid.
    (f) Renewal of a Safety Management Certificate requires 
thecompletion of a satisfactory safety management system audit 
whichmeets all of the requirements of subpart B in this part. A renewal 
ofa Safety Management Certificate cannot be started unless the 
companywhich owns the vessel holds a valid Document of 
Compliancecertificate.
    (g) Only the Coast Guard may revoke a Safety ManagementCertificate 
from a U.S. vessel. The Safety Management Certificate willbe revoked 
if--
    (1) The vessel's responsible person has not completed anintermediate 
safety management audit required by paragraph (e)(2) ofthis section; or
    (2) Major non-conformities are found in the vessel's 
safetymanagement system during a safety management audit or other 
relatedsurvey or inspection being completed by the Coast Guard or 
therecognized organization chosen by the vessel's responsible person.

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended byUSCG-1999-5832, 64 
FR 34712, June 29, 1999]



Sec. 96.350  Interim Document of Compliance certificate: what is it and whencan it be used?

    (a) An Interim Document of Compliance certificate may be issued 
tohelp set up a company's safety management system when--
    (1) A company is newly set up or in transition from an 
existingcompany into a new company; or
    (2) A new type of vessel is added to an existing safety 
managementsystem 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 senda request

[[Page 252]]

to a recognized organization authorized to act onbehalf of the U.S. to 
receive an Interim Document of Compliancecertificate that is valid for a 
period up to 12 months. To be issuedthe Interim Document of Compliance 
certificate the vessel's companymust--
    (1) Demonstrate to an auditor that the company has a 
safetymanagement system that meets Sec. 96.230 of this part; and
    (2) Provide a plan for full implementation of a safety 
managementsystem within the period that the Interim Document of 
Compliancecertificate is valid.



Sec. 96.360  Interim Safety Management Certificate: what is it and when can itbe used?

    (a) A responsible person may apply for an Interim SafetyManagement 
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 whichis 
new to the responsible person or their company.
    (b) An Interim Safety Management Certificate is valid for 6months. 
It may be issued to a U.S. vessel which meets the conditionsof paragraph 
(a) of this section, when--
    (1) The company's valid Document of Compliance certificate orInterim 
Document of Compliance certificate applies to that vesseltype;
    (2) The company's safety management system for the vessel 
includesthe key elements of a safety management system, set out inSec. 
96.220, applicable to this new type of vessel;
    (3) The company's safety management system has been assessedduring 
the safety management audit to issue the Document of 
Compliancecertificate or demonstrated for the issuance of the Interim 
Documentof Compliance certificate;
    (4) The Master and senior officers of the vessel are familiar 
withthe safety management system and the planned set up arrangements;
    (5) Written documented instructions have been extracted from 
thesafety management system and given to the vessel prior to sailing;
    (6) The company plans an internal audit of the vessel within 
threemonths; and
    (7) The relevant information from the safety management system 
iswritten in English, and in any other language understood by 
thevessel's personnel.



Sec. 96.370  What are the requirements for vessels of countries not party toChapter IX of SOLAS?

    (a) Each foreign vessel which carries more than 12 passengers, oris 
a tanker, bulk freight vessel, freight vessel, or self-propelledmobile 
offshore drilling unit of 500 gross tons or more, operated inU.S. 
waters, under the authority of a country not a party to ChapterIX of 
SOLAS must--
    (1) Have on board valid documentation showing that the 
vessel'scompany has a safety management system which was audited and 
assessed,consistent with the International Safety Management Code of 
IMOResolution A.741(18);
    (2) Have on board valid documentation from a vessel's 
FlagAdministration showing that the vessel's safety management system 
wasaudited and assessed to be consistent with the International 
SafetyManagement Code of IMO Resolution A.741(18); or
    (3) Show that evidence of compliance was issued by either 
agovernment that is party to SOLAS or an organization recognized to 
acton 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 
tothe compliance and enforcement procedures of Sec. 96.380 ofthis part.



Sec. 96.380  How will the Coast Guard handle compliance and enforcement ofthese regulations?

    (a) While operating in waters under the jurisdiction of the 
UnitedStates, the Coast Guard may board a vessel to determine that--
    (1) Valid copies of the company's Document of Compliancecertificate 
and Safety Management Certificate are on board, orevidence of the same 
for

[[Page 253]]

vessels from countries not party toChapter IX of SOLAS; and
    (2) The vessel's crew or shore-based personnel are following 
theprocedures and policies of the safety management system 
whileoperating 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 
managementsystem do not substantially agree with the particulars of the 
Documentof Compliance certificate, Safety Management Certificate or 
otherrequired evidence of compliance, may be detained by order of the 
COTPor OCMI. This may occur at the port or terminal where the violation 
isfound until, in the opinion of the detaining authority, the vessel 
cango to sea without presenting an unreasonable threat of harm to 
theport, the marine environment, the vessel or its crew. The 
detentionorder may allow the vessel to go to another area of the port, 
ifneeded, rather than stay at the place where the violation was found.
    (c) If any vessel that must comply with this part or with the 
ISMCode does not have a Safety Management Certificate and a copy of 
itscompany's Document of Compliance certificate on board, a vessel 
owner,charterer, managing operator, agent, Master, or any other 
individualin charge of the vessel that is subject to this part, may be 
liablefor a civil penalty under 46 U.S.C. 3318. For foreign vessels, 
theCoast Guard may request the Secretary of the Treasury to withhold 
orrevoke the clearance required by 46 U.S.C. App. 91. The Coast Guardmay 
ask the Secretary to permit the vessel's departure after the bondor 
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 
forcemajeure, no vessel shall enter any port or terminal of the 
U.S.without a safety management system that has been properly 
certificatedto this subpart or to the requirements of Chapter IX of 
SOLASif--
    (1) It is engaged on a foreign voyage; and
    (2) It is carrying more than 12 passengers, or a tanker, bulkfreight 
vessel, freight vessel, or self-propelled mobile offshoredrilling unit 
of 500 gross tons or more.
    (b) The cognizant COTP will deny entry of a vessel into a port 
orterminal under the authority of 46 U.S.C. 3204(c), to any vessel 
thatdoes not meet the requirements of paragraph (a) of this section.



 Subpart D_Authorization of Recognized Organizations To Acton Behalf of 
                                the U.S.



Sec. 96.400  Purpose.

    (a) This subpart establishes criteria and procedures 
fororganizations recognized under 46 CFR part 8, subparts A and B, to 
beauthorized by the Coast Guard to act on behalf of the U.S. 
Theauthorization is necessary in order for a recognized organization 
toperform safety management audits and certification functions 
delegatedby the Coast Guard as described in this part.
    (b) To receive an up-to-date list of recognized 
organizationsauthorized to act under this subpart, send a self-
addressed, stampedenvelope and written request to the Commandant (G-
MSE), 2100 SecondStreet 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 
authorizationto conduct safety management audits and issue relevant 
internationalsafety certificates under the provisions of the ISM Code 
and voluntarycertificates 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 
safetymanagement audits and to issue the following certificates:
    (1) Safety Management Certificate;
    (2) Document of Compliance certificate;
    (3) Interim Safety Management Certificate; and

[[Page 254]]

    (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 
forauthorization to the Commandant (G-MSE), Office of Design 
andEngineering Standards, 2100 Second Street SW, Washington, DC20593-
0001. The request must include the following:
    (1) A statement describing what type of authorization 
theorganization seeks;
    (2) Documents showing that--
    (i) The organization has an internal quality system with 
writtenpolicies, procedures and processes that meet the requirements 
inSec. 96.440 of this part for safety management auditing 
andcertification; or
    (ii) The organization has an internal quality system based onANSI/
ASQC C9001 for safety management auditing and certification; or
    (iii) The organization has an equivalent internal quality 
standardsystem recognized by the Coast Guard to complete safety 
managementaudits and certification.
    (3) A list of the organization's exclusive auditors qualified 
tocomplete safety management audits and their operational area; and
    (4) A written statement that the procedures and records of 
therecognized organization regarding its actions involving 
safetymanagement system audits and certification are available for 
reviewannually and at any time deemed necessary by the Coast Guard.
    (b) If the organization is a foreign classification society thathas 
been recognized under 46 CFR part 8, subparts A and B, and wishesto 
apply for authorization under this part, it must demonstrate 
thereciprocity required by 46 U.S.C. 3316 for ISM Code certification. 
Theorganization must provide, with its request for authorization 
anaffidavit from the government of the country in which 
theclassification society is headquartered. This affidavit must provide 
alist of authorized delegations by the flag state of the 
administrationof the foreign classification society's country to the 
American Bureauof Shipping, and indicate any conditions related to the 
delegatedauthority. If this affidavit is not received with a request 
forauthorization from a foreign classification society, the request 
forauthorization will be disapproved and returned by the Coast Guard.
    (c) Upon the satisfactory completion of the Coast Guard'sevaluation 
of a request for authorization, the organization will bevisited for an 
evaluation as described in Sec. 96.440(b) ofthis part.



Sec. 96.440  How will the Coast Guard decide whether to approve anorganization's request to be authorized?

    (a) First, the Coast Guard will evaluate the organization'srequest 
for authorization and supporting written materials, lookingfor 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 
industrystandards;
    (4) Procedures for auditing safety management systems that 
areconsistent with recognized industry standards and IMO 
ResolutionA.788(19);
    (5) Acceptable standards for internal auditing and managementreview;
    (6) Record-keeping standards for safety management auditing 
andcertification;
    (7) Methods for reporting non-conformities and recordingcompletion 
of remedial actions;
    (8) Methods for certifying safety management systems;
    (9) Methods for periodic and intermediate audits of safetymanagement 
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 
onBehalf of the Administration.''
    (b) After a favorable evaluation of the organization's 
writtenrequest, the Coast Guard will arrange to visit the

[[Page 255]]

organization'scorporate offices and port offices for an on-site 
evaluation ofoperations.
    (c) When a request is approved, the recognized organization andthe 
Coast Guard will enter into a written agreement. This agreementwill 
define the scope, terms, conditions and requirements of 
theauthorization. Conditions of this agreement are found inSec. 96.460 
of this part.



Sec. 96.450  What happens if the Coast Guard disapproves an organization'srequest to be authorized?

    (a) The Coast Guard will write to the organization explaining whyit 
did not meet the criteria for authorization.
    (b) The organization may then correct the deficiencies andreapply.



Sec. 96.460  How will I know what the Coast Guard requires of my organizationif my organization receives authorization?

    (a) Your organization will enter into a written agreement with 
theCoast Guard. This written agreement will specify--
    (1) How long the authorization is valid;
    (2) Which duties and responsibilities the organization mayperform, 
and which certificates it may issue on behalf of the U.S.;
    (3) Reports and information the organization must send to 
theCommandant (G-MOC);
    (4) Actions the organization must take to renew the agreement whenit 
expires; and
    (5) Actions the organization must take if the Coast Guard 
shouldrevoke its authorization or recognition under 46 CFR part 8.
    (b) [Reserved]



Sec. 96.470  How does the Coast Guard terminate an organization'sauthorization?

    At least every 12 months, the Coast Guard evaluates 
organizationsauthorized under this subpart. If an organization fails to 
maintainacceptable standards, the Coast Guard may terminate 
thatorganization's authorization, remove the organization from 
theCommandant's list of recognized organizations, and further 
evaluatethe organization's recognition under 46 CFR part 8.



Sec. 96.480  What is the status of a certificate if the issuing organizationhas its authority terminated?

    Any certificate issued by an organization authorized by the 
CoastGuard whose authorization is later terminated remains validuntil--
    (a) Its original expiration date,
    (b) The date of the next periodic audit required to maintain 
thecertificate's validity, or
    (c) Whichever of paragraphs (a) or (b) occurs first.



Sec. 96.490  What further obligations exist for an organization if the CoastGuard terminates its authorization?

    The written agreement by which an organization receivesauthorization 
from the Coast Guard places it under certain obligationsif the Coast 
Guard revokes that authorization. The organization agreesto send written 
notice of its termination to all responsible persons,companies and 
vessels that have received certificates from theorganization. In that 
notice, the organization must include--
    (a) A written statement explaining why the 
organization'sauthorization 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 Guardto 
conduct safety management audits; and
    (d) A statement of what the companies and vessels must do to 
havetheir safety management systems transferred to another 
organizationauthorized 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 anauthorized 
organization by mailing or delivering to the organization awritten 
request for reconsideration. Within 30 days of receiving yourrequest, 
the authorized organization must rule on it and send you awritten 
response. They must also send a copy of their response to theCommandant 
(G-MOC).

[[Page 256]]

    (b) If you are not satisfied with the organization'sdecision, you 
may appeal directly to the Commandant (G-MOC). You mustmake your appeal 
in writing, including any documentation and evidenceyou wish to be 
considered. You may ask the Commandant (G-MOC) to staythe effect of the 
appealed decision while it is under review.
    (c) The Commandant (G-MOC) will make a decision on your appeal 
andsend you a response in writing. That decision will be the final 
CoastGuard action on your request.

[[Page 257]]

                                  INDEX

                  SUBCHAPTER F_VESSEL OPERATING REGULATIONS

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

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 
adangerous 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 258]]



                SUBCHAPTER G_REGATTAS AND MARINE PARADES





PART 100_SAFETY OF LIFE ON NAVIGABLEWATERS--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 Stateregulation by 
          Coast Guard-State agreement.
100.25 Action on application for event not assigned to Stateregulation 
          by Coast Guard-State agreement.
100.30 Approval required for holding event.
100.35 Special local regulations.
100.40 Patrol of the regatta or marine parade.
100.45 Establishment of aids to navigation.
100.101 Harvard-Yale Regatta, Thames River, New London, CT.
100.102 Great Connecticut River Raft Race, Middletown, CT.
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 GuardDistrict.
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.
100.501 Special Local Regulations; Marine Events in theFifth Coast Guard 
          District.
100.701 Special Local Regulations; Marine Events in theSeventh Coast 
          Guard District.
100.713 Annual Harborwalk Boat Race; Sampit River,Georgetown, SC.
100.717 Annual Fort Myers Beach Offshore Grand Prix; FortMyers, 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.
100.724 Annual Augusta Invitational Rowing Regatta; SavannahRiver, 
          Augusta, GA.
100.728 Special Local Regulations; Hurricane OffshoreClassic, St. 
          Petersburg, FL.
100.729 Columbus Day Regatta, Biscayne Bay, Miami, FL.
100.732 Annual River Race Augusta; Savannah River, Augusta,GA.
100.734 Annual Gasparilla Marine Parade; Hillsborough Bay,Tampa, FL.
100.736 Annual Fort Myers Beach air show; Fort Myers Beach,FL.
100.740 Annual Offshore Super Series Boat Race; Fort MyersBeach, FL.
100.801 Annual Marine Events in the Eighth Coast GuardDistrict.
100.901 Great Lakes annual marine events.
100.902 Macomb Daily Offshore Classic, Lake St. Clair, St.Clair Shores, 
          MI.
100.903 Harborfest Dragon Boat Race; South Haven, MI.
100.904 Celebrate Americafest, Green Bay, WI.
100.905 Door County Triathlon; Door County, WI.
100.906 Haven Coast Guard Festival Waterski Show, GrandHaven, MI.
100.907 Milwaukee River Challenge; Milwaukee, WI.
100.908 Charlevoix Venetian Night Boat Parade; Charlevoix,MI.
100.909 Chinatown Chamber of Commerce Dragon Boat Race;Chicago, IL.
100.1101 Southern California annual marine events.
100.1102 Marine events on the Colorado River, between DavisDam (Bullhead 
          City, Arizona) and Headgate Dam (Parker, Arizona).
100.1103 Northern California annual marine events.
100.1105 San Francisco Bay Navy Fleetweek Parade of Shipsand 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 UnlimitedHydroplane 
          Races.
100.1304 Annual Seattle Yacht Club's ``OpeningDay'' Marine Parade.
100.1305 Richland, Washington, west coast outboardchampionship hydro 
          races.
100.1306 National Maritime Week Tugboat Races, Seattle, WA.
100.1307 Special Local Regulations, Strait ThunderPerformance, Port 
          Angeles, WA.

    Authority: 33 U.S.C. 1233

[[Page 259]]


    Source: CGFR63-22, 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 
provideeffective control over regattas and marine parades conducted on 
thenavigable waters of the United States so as to insure safety of 
lifein the regatta or marine parade area.
    (b) Geographic coordinates expressed in terms of latitude 
orlongitude, or both, are not intended for plotting on maps or 
chartswhose referenced horizontal datum is the North American Datum of 
1983(NAD 83), unless such geographic coordinates are expressly labeled 
NAD83. Geographic coordinates without the NAD 83 reference may be 
plottedon maps or charts referenced to NAD 83 only after application of 
theappropriate corrections that are published on the particular map 
orchart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byCGD 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 waterevent of 
limited duration which is conducted according to aprearranged schedule.
    (b) [Reserved]
    (c) District Commander means the Commander of the CoastGuard 
District in which the regatta or marine parade is intended to beheld. 
(See Part 3 of this chapter for the geographical boundaries ofCoast 
Guard Districts.)
    (d) State authority means any official or agency of a Statehaving 
power under the law of such State to regulate regattas ormarine parades 
on waters over which such State has jurisdiction.
    (e) Navigable waters of the United States means those 
watersdescribed in Sec. 2.36(a) of this chapter, specificallyincluding 
the waters described in Sec. 2.22(a)(2) of thischapter.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byCGD 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 
agreementswith State authorities permitting, regulation by the State of 
suchclasses of regatta or marine parade on the navigable waters of 
theUnited States as, in the opinion of the District Commander, the 
Stateis able to regulate in such a manner as to insure safety of life. 
Allsuch agreements shall reserve to the District Commander the right 
toregulate any particular regatta or marine parade when he or she 
deemssuch action to be in the public interest.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byUSCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.15  Submission of application.

    (a) An individual or organization planning to hold a regatta 
ormarine parade which, by its nature, circumstances or location, 
willintroduce extra or unusual hazards to the safety of life on 
thenavigable waters of the United States, shall submit an application 
tothe Coast Guard District Commander having cognizance of the area 
whereit is intended to hold such regatta or marine parade. Examples 
ofconditions which are deemed to introduce extra or unusual hazards 
tothe safety of life include but are not limited to: An 
inherentlyhazardous competition, the customary presence of commercial 
orpleasure craft in the area, any obstruction of navigable channel 
whichmay reasonably be expected to result, and the expected accumulation 
ofspectator craft.
    (b) Where such events are to be held regularly or repeatedly in 
asingle area by an individual or organization, the Commandant or 
theDistrict Commander may, subject to conditions set from time to time 
byhim or her, grant a permit for such series of events for a fixedperiod 
of time, not to exceed one year.
    (c) The application must be submitted no less than 135 days 
beforethe start of the proposed event. However, if all of the 
followingcriteria are met, the application must be submitted no less 
than 60days before the start of the proposed event:

[[Page 260]]

    (1) The sponsor submitted an application for the event in theyear 
immediately preceding.
    (2) The nature, location, scheduling, and other relevantinformation 
contained in the previous application are essentially thesame.
    (3) The Coast Guard received no objection to the 
previousapplication.
    (4) The Coast Guard did not promulgate special local regulationsfor 
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 
ofthe event.
    (3) Nature and purpose of the event.
    (4) Information as to general public interest.
    (5) Estimated number and types of watercraft participating in 
theevent.
    (6) Estimated number and types of spectator watercraft.
    (7) Number of boats being furnished by sponsoring organizations 
topatrol event.
    (8) A time schedule and description of events.
    (9) A section of a chart or scale drawing showing the boundariesof 
the event, various water courses or areas to be utilized byparticipants, 
officials, and spectator craft.

[CGFR 63-22, 28 FR 5155, May 23, 1963 as amended by CGD95-054, 66 FR 
1582, Jan. 9, 2001; CGD 95-059, 66 FR9659, Feb. 9, 2001; USCG-2003-
15404, 68 FR 37740, June25, 2003]



Sec. 100.20  Action on application for event assigned to State regulation byCoast Guard-State agreement.

    (a) Upon receipt of an application for a regatta or marine paradeof 
a type assigned to a State for regulation under a Coast Guard-
Stateagreement, the District Commander will forward the application to 
theState authority having cognizance of the event. Further processing 
anddecision upon such an application shall be conducted by the State.
    (b) [Reserved]



Sec. 100.25  Action on application for event not assigned to State regulationby Coast Guard-State agreement.

    (a) Where an event is one of a type not assigned to the State 
forregulation under a Coast Guard-State agreement (or where no 
suchagreement has been entered), the Commander of a Coast Guard 
Districtwho receives an application for a proposed regatta or marine 
parade tobe held upon the navigable waters of the United States within 
his orher district shall take the following action:
    (1) He or she shall determine whether the proposed regatta ormarine 
parade may be held in the proposed location with safety oflife. To 
assist in his or her determination, he or she may, if he orshe deems it 
necessary, hold a public hearing to obtain the views ofall persons 
interested in, or who will be affected by, the regatta ormarine parade.
    (2) He or she will notify the individual or organization 
whichsubmitted the application:
    (i) That the application is approved, and the nature of thespecial 
local regulations, if any, which he or she will promulgatepursuant to 
Sec. 100.35; or
    (ii) That the interest of safety of life on the navigable watersof 
the United States requires specific change or changes in theapplication 
before it can be approved; or
    (iii) That the event requires no regulation or patrol of theregatta 
or marine parade area; or
    (iv) That the application is not approved, with reasons for 
suchdisapproval.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byUSCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.30  Approval required for holding event.

    (a) An event for which application is required underSec. 100.15(a) 
shall be held only after approval of suchevent by the District 
Commander, except that applications referred toa State under Sec. 
100.10 shall be governed by the laws ofthat State.

[[Page 261]]



Sec. 100.35  Special local regulations.

    (a) The Commander of a Coast Guard District, after approving 
theplans for the holding of a regatta or marine parade within his or 
herdistrict, is authorized to promulgate such special local 
regulationsas he or she deems necessary to insure safety of life on the 
navigablewaters immediately prior to, during, and immediately after 
theapproved regatta or marine parade. Such regulations may include 
arestriction upon, or control of, the movement of vessels through 
aspecified area immediately prior to, during, and immediately after 
theregatta or marine parade.
    (b) After approving the plans for the holding of a regatta ormarine 
parade upon the navigable waters within his or her district,and 
promulgating special regulations thereto, the Commander of a CoastGuard 
District shall give the public full and adequate notice of thedates of 
the regatta or marine parade, together with full and completeinformation 
of the special local regulations, if there be such. Suchnotice should be 
published in the local notices to mariners.
    (c) The special local regulations referred to in paragraph (a) 
ofthis section, when issued and published by the Commander of a 
CoastGuard District, shall have the status of regulations issued 
pursuantto the provisions of section 1 of the act of April 28, 1908, 
asamended (46 U.S.C. 454).

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byUSCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec. 100.40  Patrol of the regatta or marine parade.

    (a) The Commander of a Coast Guard District in which a regatta 
ormarine parade is to be held may detail, if he or she deems the needsof 
safety require, one or more Coast Guard vessels to patrol thecourse of 
the regatta or marine parade for the purpose of enforcingnot only the 
special local regulations but also for assistance workand the 
enforcement of laws generally.
    (b) The Commander of a Coast Guard District may also utilize 
anyprivate vessel or vessels to enforce the special local 
regulationsgoverning a regatta or marine parade provided such vessel or 
vesselshave been placed at the disposition of the Coast Guard pursuant 
tosection 826 in Title 14, U.S. Code, for such purpose by any member 
ofthe Coast Guard Auxiliary, or any corporation, partnership, 
orassociation, or by any State or political subdivision thereof. 
Anyprivate vessel so utilized shall have on board an officer or 
pettyofficer of the Coast Guard who shall be in charge of the vessel 
duringthe detail and responsible for the law enforcement activities 
orassistance work performed by the vessel during such detail. Anyprivate 
vessel so utilized will display the Coast Guard ensign whileengaged in 
this duty.
    (c) The Commander of a Coast Guard District may also utilize 
anyprivate vessel or vessels placed at the disposition of the Coast 
Guardpursuant to section 826 in Title 14, U.S. Code, by any member of 
theCoast Guard Auxiliary, or any corporation, partnership, 
orassociation, or by any State or political subdivision thereof, 
topatrol the course of the regatta or marine parade for the purpose 
ofpromoting safety by performing assistance work, effecting rescues, 
anddirecting the movement of vessels in the vicinity of the regatta 
ormarine parade. Vessels utilized under the authority of this 
paragraphare not authorized to enforce the special local regulations or 
lawsgenerally.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended byCGFR 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 aidsto 
navigation necessary to assist in the observance and enforcement ofthe 
special regulations issued under the District Commander'sauthority. 
These aids to navigation will be in accordance with Part 62of this 
chapter. All other aids to navigation incidental to theholding of a 
regatta or marine parade are private aids to navigationas described in 
Part 66 of this chapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]

[[Page 262]]



Sec. 100.101  Harvard-Yale Regatta, Thames River, New London, CT.

    (a) Regulated area. The Thames River at New London,Connecticut, from 
the Penn Central Draw Bridge to Bartlett Cove.
    (b) Effective period. This section is in effect on June 8,1996, from 
4:00 p.m. to 7:30 p.m. and each year thereafter on a dateand times 
specified in a Federal Register notice. If the regattais canceled due to 
weather, this section will be in effect on thefollowing Sunday.
    (c) Special local regulations. (1) All persons or vesselsnot 
registered with the sponsor as participants or not part of theregatta 
patrol are considered spectators.
    (2) No spectator or press boats shall be allowed out onto oracross 
the race course without Coast Guard escort.
    (3) No person or vessel may transit through the regulated areaduring 
the effective period unless participating in the event, or asauthorized 
by the sponsor or Coast Guard Patrol personnel. The PatrolCommander may 
open up the regulated area to allow for vessel movementbetween scheduled 
races.
    (4) Spectator vessels must be at anchor within a designatedspectator 
area or moored to a waterfront facility within the regulatedarea in such 
a way that they shall not interfere with the progress ofthe event at 
least 30 minutes prior to the start of the races. Theymust remain moored 
or at anchor until the men's varsity have passedtheir positions. At that 
time, spectator vessels located south of theHarvard Boathouse may 
proceed downriver at a reasonable speed. Vesselssituated between the 
Harvard Boathouse and the finish line must remainstationary until both 
crews return safely to their boathouses. If forany reason the men's 
varsity crew race is postponed, spectator vesselswill remain in position 
until notified by Coast Guard or regattapatrol personnel.
    (5) The last 1000 feet of the race course near the finish linewill 
be delineated by four (4) temporary white buoys provided by thesponsor. 
All spectator craft shall remain behind these buoys duringthe event.
    (6) Spectator craft shall not anchor:
    (i) To the west of the race course, between Scotch Cap andBartlett 
Point Light.
    (ii) Within the race course boundaries or in such a manner thatwould 
allow their vessel to drift or swing into the race course.
    (7) During the effective period all vessels shall proceed at aspeed 
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 courseduring 
the races.
    (10) A vessel operating in the vicinity of the Submarine Base maynot 
cause waves which result in damage to submarines or other vesselsin the 
floating drydocks.
    (11) All persons and vessels shall comply with the instructions 
ofU.S. Coast Guard patrol personnel. Upon hearing five or more 
blastsfrom a U.S. Coast Guard vessel, the operator of a vessel shall 
stopimmediately and proceed as directed. U.S. Coast Guard patrol 
personnelinclude commissioned, warrant and petty officers of the Coast 
Guard.Members of the Coast Guard Auxiliary may be present to inform 
vesseloperators of this regulation and other applicable laws.

[CGD3 85-16, 50 FR 23807, June 6, 1985, as amended byCGD1 87-08, 52 FR 
20387, June 1, 1987. Redesignated and amendedby CGD 87-008b, 52 FR 
25219, July 6, 1987;CGD01-95-017, 61 FR 21960, May 13, 1996; CGD96-052, 
62 FR 16702, Apr. 8, 1997]



Sec. 100.102  Great Connecticut River Raft Race, Middletown, CT.

    (a) Regulated Area. That section of the Connecticut Riverbetween 
Dart Island (Marker no. 73) and Portland Shoals (Marker no.92), 
Middletown, CT.
    (b) Special Local Regulations. (1) The Coast Guard patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.

[[Page 263]]

    (3) Vessels encountering emergencies which require transitthrough 
the regulated area should contact the Coast Guard patrolcommander on VHF 
Channel 16. In the event of an emergency, the CoastGuard patrol 
commander may authorized a vessel to transit through theregulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary will also be present to informvessel operators 
of this regulation and other applicable laws.
    (c) Effective Period. This rule is effective from 10 a.m. to2 p.m. 
on the last Saturday in July. If tidal conditions are notconductive to 
performing the event it will take place the firstSaturday in August.

[CGD01-95-178, 62 FR 35388, July 1, 1997, asamended by USCG-2003-15404, 
68 FR 37740, June 25, 2003]



Sec. 100.105  Head of the Connecticut Regatta.

    (a) Regulated Area. The regulated area is that section ofthe 
Connecticut River between the southern tip of Gildersleeve Islandand 
Light Number 87.
    (b) Special Local Regulations. (1) The regulated area isclosed to 
all transiting vessel traffic between 9:00 a.m. and 6:00p.m. except for 
escorted passages as described in (2) and (3) below.All transiting 
vessel movement will be done at the direction of theCoast Guard patrol 
commander.
    (2) Vessels less than 20 meters in length will be allowed totransit 
the regulated area only under escort and at the discretion ofthe Coast 
Guard patrol commander.
    (3) Vessels over 20 meters in length will be allowed to transitthe 
regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or asdirected 
by the Coast Guard patrol commander.
    (4) All transiting vessels shall operate at ``NoWake'' speed or five 
(5) knots whichever is slower.
    (5) Southbound vessels awaiting escort through the regulated 
areawill be held in the vicinity of the southern tip of 
GildersleeveIsland. Northbound vessels awaiting escort will be held at 
LightNumber 87.
    (6) All vessels shall immediately follow any specific 
instructionsgiven by Coast Guard patrol craft and exercise extreme 
caution whileoperating in or near the regulated area.
    (7) No person shall enter or remain in the regulated area 
unlessparticipating in the event or authorized by the event sponsor or 
CoastGuard patrol commander.
    (8) The sponsor shall ensure that the event is concluded by 6:00p.m. 
on the day of the event.
    (c) Effective Dates. These regulations are effective from9:00 a.m. 
to 6:00 p.m. on October 9, 1988 and each year thereafterduring the same 
time period on the second Saturday of October or aspublished in the 
local Coast Guard Notice to Mariners.

[CGD1 88-035, 53 FR 39273, Oct. 6, 1988, as amended atCGDUI-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 areaon the 
coastal Atlantic waters of Long Island to the south of LongBeach, New 
York. The regulated area is one and one quarter (1\1/4\)miles south of 
Long Beach and three and one quarter (3\1/4\) milesnorth of the northern 
boundary of Ambrose Channel and is specificallybounded as follows:
    (1) Northeast Corner. approximately one and one quartermiles 
southwest of Jones Inlet breakwater at coordinates40-33-42 North; 073-
35-43 West.
    (2) Southeast Corner. southwest of Jones Inlet Approch Buoy(R ``2''; 
Light List Number 685) at coordinates40-31-45 North; 073-36-19 West.
    (3) Southwest Corner. east of East Rockaway Approach Buoy (R``4''; 
Light List Number 690) at coordinates40-31-31 North; 073-42-21 West.
    (4) Northwest Corner. 40-33-30 North;073-40-57 West.

[[Page 264]]

    (b) Special local regulations. Vessels notparticipating in, or 
operating as a safety/rescue patrol shall:
    (1) Not operate within the regulated area.
    (2) Immediately follow any specific instructions given by CoastGuard 
patrol craft.
    (3) Exercise extreme caution when operating near the regulatedarea.
    (c) Effective Dates. These regulations are effective at11:00 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 timeperiod on the first 
or second Sunday of August as published in aFederal Register Notice and 
the Coast Guard Local Notice toMariners.

[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 harborchannel 
extending from the Tumbler's Island Buoy 8 area toBoothbay 
Inner Harbor. Specifically, the regulated area is enclosed asfollows: a 
line drawn due east from the southwest(43-50-10 North; 069-38-20 West to 
theSpruce Point Shore; thence following the shore north along 
SprucePoint and around the Boothbay Harbor to Railway Point(43-50-54 
North; 069-38-20 West); thenceextending seaward in a southerly direction 
back to the southwestboundary of the regulated area.
    (b) Special Local Regulations. (1) Between the hours of 2:30p.m. and 
4:00 p.m. on July 11, 1989 an aircraft aerobaticdemonstration will take 
place in the southern portion of the regulatedarea. All transiting and 
spectating vessels shall remain clear of thewaters below the flight 
area. Coast Guard vessels will be present todirect marine traffic and to 
establish exact spectator boundaries.
    (2) When operating within the regulated area during the sailparade, 
all vessels with the exception of official regatta patrolvessels, shall 
maintain a separation of at least 100 yards from theparade participants. 
The 100 yard area will move with each vessel inthe 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 Islandin 
approximate location 43-50-35 North;38-30-00 West. All vessels must 
maintain a clearance of300 yards from the barge or as directed by Coast 
Guard patrol vessels.
    (4) All vessels shall exercise extreme caution when operating inthe 
regulated area.
    (5) Coast Guard Auxiliarists will be patrolling the regatta toadvise 
participants, spectators, and transiting vessels the content ofthese 
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 datesand times 
specified in a Federal Register notice.

[CGD1 89-058, 54 FR 30038, July 18, 1989, as amended byCGDO1-96-016, 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 (atlatitude 44-14 
North, longitude 69-46-15 Westconnecting Randolph and Gardiner, Maine) 
to the U.S. Route201-202 bridge (at latitude 44-18-43 North,longitude 
69-46-26 West in Augusta, Maine).
    (b) Special Local Regulations. The following requirementswill be 
placed on vessels operating within the regulated area duringthe 
effective period of regulation:
    (1) All persons on board any vessel which does not possess a 
validstate registration or federal documentation shall at all times wear 
aCoast 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 
nearparade participants and shall be alert for disabled craft and 
personspossibly falling overboard.
    (4) All vessel operators shall immediately follow any 
instructiongiven by Coast Guard patrol personnel.

[[Page 265]]

    (5) Coast Guard Auxiliarists will be patrolling the regattato advise 
participants, spectators, and transiting vessels of thecontent 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 andtimes specified 
in a Federal Register notice. If the event iscanceled due to weather, 
this section is effective the following day.

[CGD1 89-026, 54 FR 30036, July 18, 1989, as amended byCGDO1-96-016, 61 
FR 26105, May 24, 1996; CGD96-052, 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 watersof 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 patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the CoastGuard. 
Upon hearing five or more short blasts from a Coast Guardvessel, the 
operator of a vessel shall proceed as directed. Members ofthe Coast 
Guard Auxiliary may also be present to inform vesseloperators 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 specifiedin a 
Coast Guard Notice to Mariners. In case of inclement weather,this 
section will be in effect the second Sunday in August at the sametime, 
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 watersof 
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 patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
on-scene Coast Guard patrol commander. On-scene patrol personnelinclude 
commissioned, warrant, and petty officers of the U.S. CoastGuard. Upon 
hearing five or more short blasts from a U.S. Coast Guardvessel, the 
operator of a vessel shall proceed as directed. Members ofthe Coast 
Guard Auxiliary will also be present to inform vesseloperators 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 andtimes 
published in a Federal Register notice. If the event iscanceled due to 
weather, this section is in effect on the dayfollowing the published 
effective date.

[CGD01-95-168, 61 FR 21962, May 13, 1996]

[[Page 266]]



Sec. 100.111  Stonington Lobster Boat Races, Stonington, ME.

    (a) Regulated area. The regulated area includes all waterswithin 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. CoastGuard Sector 
Northern New England 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 
theregulated area during the effective period of regulation 
unlessparticipating in the event or unless authorized by the Coast 
Guardpatrol commander.
    (3) Vessels desiring to transit Deer Island Thoroughfare may do 
sowithout Coast Guard approval as long as the vessel remains outside 
theregulated area at specified times. No vessel will be allowed 
totransit through any portions of the regulated area during the 
actualrace. Provisions will be made to allow vessels to transit 
theregulated area between race heats. In the event of an emergency, 
theCoast Guard patrol commander may authorize a vessel to transit 
throughthe regulated area with a Coast Guard designated escort. 
Vesselsencountering emergencies which require transit through the 
regulatedarea should contact the Coast Guard patrol commander on VHF 
Channel16.
    (4) Spectator craft are authorized to watch the race from any areaas 
long as they remain outside the designated regulated area.Spectator 
craft are expected to remain outside the regulated area from10 a.m. to 4 
p.m. unless permission has been granted by the patrolcommander.
    (5) All persons and vessels shall comply with the instructions ofthe 
Commander, U.S. Coast Guard Sector Northern New England or thedesignated 
on-scene patrol commander. On-scene patrol personnelinclude 
commissioned, warrant, and petty officers of the U.S. CoastGuard. Upon 
hearing five or more short blasts from a U.S. Coast Guardvessel, the 
operator of a vessel shall stop immediately, then proceedas directed. 
Members of the Coast Guard Auxiliary will also be presentto inform 
vessel operators of this regulation and other applicablelaws.
    (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 andtimes 
specified in a Federal Register notice. If the event iscanceled due to 
weather, this section is effective the following day.

[CGD01-95-051, 60 FR 43977, Aug. 24, 1995, asamended by CGDO1-96-016, 61 
FR 26105, May 24, 1996;USCG-2006-25556, 72 FR 36327, July 2, 2007]



Sec. 100.112  Swim the Bay, Narragansett Bay, Narragansett, RI.

    (a) Regulated area. All waters of the East Passage ofNarragansett 
Bay within 200 feet of participating competitionswimmers.
    (b) Special local regulations. (1) The Coast Guard patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith the Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary may also be present to informvessel 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

[[Page 267]]

ona 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 within200 feet 
of participating benefit swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary may also be present to informvessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on September7, 1996, 
from 10 a.m. to 4 p.m. and annually thereafter on a date andtimes 
published in a Federal Register document. If the event iscanceled due to 
weather, this regulation is effective the followingday 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 a500-year 
radius of the launch platform for each fireworks displaylisted in the 
following table.

                                             Fireworks Display Table
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                       May
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    5.1......................  A night during Memorial    Name: Hull Memorial DayFestival.
                                Day Weekend.              Sponsor: Town of Hull.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Barge located 200 yards off Nantasket Beach,
                                                           Hull, MA.
----------------------------------------------------------------------------------------------------------------
                                                      June
----------------------------------------------------------------------------------------------------------------
Maine:
    6.1......................  A night during the Last    Name: Windjammer DaysFireworks.
                                week in June.             Sponsor: Boothbay Harbor Chamber of Commerce.
                                                          Time: 9 p.m. to 11 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:
    6.2......................  A night during the Last    Name: Barnum FestivalFireworks.
                                week in June.             Sponsor: The Barnum Foundation.
                                                          Time: 8 p.m. to 10 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).
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    6.3......................  Thursday prior to July     Name: Boston HarborfestFireworks.
                                4th.                      Sponsor: Harborfest Committee.
                                                          Time: 9:30 p.m. to 10.30 p.m.
                                                          Location: Just Off Coast Guard Base, Boston Harbor,
                                                           MA42[deg]22[min]53[sec] N/71[deg]02[min]56[sec] W
                                                           (NAD 1983).
----------------------------------------------------------------------------------------------------------------

[[Page 268]]

 
                                                      July
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.1......................  Thursday prior to July     Name: Boston HarborfestFireworks.
                                4th.                      Sponsor: Harborfest Committee.
                                                          Time: 9:30 p.m. to 10:30 p.m.
                                                          Location: Just Off Coast Guard Base, Boston Harbor,
                                                           MA42[deg]22[min]53[sec] N/71[deg]02[min]56[sec] W
                                                           (NAD 1983).
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.2......................  A night during the First   Name: American Legion Post 83 Fireworks.
                                week in July (or Last     Sponsor: Town of Branford American Legion Post.
                                week in June).            Time: 9 p.m. to 10 p.m.
                                                          Location: Branford Point, Branford, CT.
                                                           41[deg]21[min]N/072[deg]05[min]20[sec] W (NAD 1983).
----------------------------------------------------------------------------------------------------------------
New York:
    7.3......................  A night during the First   Name: Devon Yacht ClubFireworks.
                                week in July.             Sponsor: Devon Yacht Club, Amagansett, NY.
                                                          Time: 9:30 p.m. to 10 p.m.
                                                          Location: Devon Yacht Club, Amagansett, NY.
                                                           40[deg]00[min]00[sec]N/072[deg]06[min]12[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Maine:
    7.4......................  A night during the First   Name: SchoonerDays Fireworks.
                                two weeks in July.        Sponsor: Town of Rockland Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Rockland Harbor, Rockland, ME.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.5......................  A night during the First   Name: StamfordFireworks.
                                two weeks in July.        Sponsor: City of Stamford.
                                                          Time: 8 p.m. to 10 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:
    7.6......................  A night during the First   Name: Town ofBabylon Fireworks.
                                two weeks in July.        Sponsor: Town of Babylon, NY.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Nezeras Island, Babylon, NY.
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.7......................  Friday or Saturday prior   Name: Hingham 4th ofJuly Fireworks.
                                to July 4th.              Sponsor: Town of Hingham, MA.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Hingham Harbor, Hingham, MA.
                                                           42[deg]15[min]30[sec]N/70[deg]53[min]2[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.8......................  Friday or Saturday prior   Name: Weymouth 4th ofJuly Fireworks.
                                to July 4th.              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:
    7.9......................  July 3rd.................  Name: Burlington Fireworks Display.
                                                          Sponsor: City of Burlington, VT.
                                                          Time: 8:30 p.m. to 11 p.m.
                                                          Location: Lake Champlain, Burlington Bay, VT. A barge
                                                           beside theBurlington Bay Breakwater.
                                                           44[deg]28[min]30.5[sec]N/073[deg]13[min]32[sec] W
                                                           (NAD 1983).
----------------------------------------------------------------------------------------------------------------
Massachusetts:

[[Page 269]]

 
    7.10.....................  July 3rd.................  Name: Gloucester Fireworks.
                                                          Sponsor: Gloucester Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Gloucester Harbor, Stage Fort Park,
                                                           Gloucester, MA.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.11.....................  July 3rd.................  Name: Summer Music Fireworks.
                                                          Sponsor: Summer Music, Inc.
                                                          Time: 8 p.m. to 10 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 York:
    7.12.....................  July 3rd.................  Name: Salute to Veterans.
                                                          Sponsor: Town of North Hempstead, NY
                                                          Time: 9 p.m. to 10 p.m.
                                                          Location: Hempstead, NY. Point Lookout
                                                           40[deg]35[min]34[sec]N/073[deg]35[min]24[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Maine:
    7.13.....................  July 4th (Rain date: July  Name: Bangor Fireworks.
                                5th).                     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:
    7.14.....................  July 4th.................  Name: Bar Harbor Fireworks.
                                                          Sponsor: Bar Harbor Chamber of Commerce.
                                                          Time: 8:30 p.m. to 9:30 p.m.
                                                          Location: Bar Harbor/Bar Island, ME.
                                                           44[deg]23[min]6[sec]N/068[deg]11[min]8[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Maine:
    7.15.....................  July 4th.................  Name: Stewart[min]s 4th of July FireworksDisplay.
                                                          Sponsor: W.P. Stewart.
                                                          Time: 9 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:
    7.16.....................  July 4th.................  Name: Walsh[min]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:
    7.17.....................  July 4th.................  Name: Town of Barnstable Fireworks.
                                                          Sponsor: Town of Barnstable.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Dunbar Point/Kalmus Beach, Barnstable,
                                                           MA.41[deg]38[min]30[sec] N/070[deg]16[min] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.18.....................  July 4th.................  Name: Beverly Farms Fireworks.
                                                          Sponsor: Farms-Pride 4th of July Committee, Inc.
                                                          Time: 8 p.m. to 10 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:

[[Page 270]]

 
    7.19.....................  July 4th.................  Name: Edgartown Fireworks.
                                                          Sponsor: Edgartown Firefighters Association.
                                                          Time: 9 p.m. to 10 p.m.
                                                          Location: Edgartown Harbor, Edgartown, MA.
                                                           41[deg]23[min]25[sec]N/070[deg]29[min]45[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.20.....................  July 4th.................  Name: Falmouth Fireworks.
                                                          Sponsor: Falmouth Fireworks Committee
                                                          Time: 9 p.m. to 10 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:
    7.21.....................  July 4th.................  Name: Marion Fireworks.
                                                          Sponsor: Town of Marion Harbormaster.
                                                          Time: 8 p.m. to 10 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:
    7.22.....................  July 4th.................  Name: City of New Bedford Fireworks.
                                                          Sponsor: City of New Bedford.
                                                          Time: 9 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:
    7.23.....................  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:
    7.24.....................  July 4th.................  Name: Plymouth Fireworks Display.
                                                          Sponsor: July Four Plymouth Inc.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Plymouth Harbor, Plymouth, MA.
                                                           41[deg]57[min]20[sec]N/070[deg]38[min]20[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    7.25.....................  July 4th.................  Name: Lewis Bay Fireworks.
                                                          Sponsor: Town of Yarmouth, MA.
                                                          Time: 9:30 p.m. to 10 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:
    7.26.....................  July 4th.................  Name: Bristol 4th of July Fireworks.
                                                          Sponsor: Bristol 4th of July Committee.
                                                          Time: 9:30 p.m. to 10 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:
    7.27.....................  July 4th.................  Name: City of Newport Fireworks.
                                                          Sponsor: City of Newport
                                                          Time: 9:15 p.m. to 10 p.m
                                                          Location: 41[deg]28[min]48[sec] N/
                                                           071[deg]20[min]18[sec] W(NAD 1983).
----------------------------------------------------------------------------------------------------------------
Rhode Island:

[[Page 271]]

 
    7.28.....................  July 4th.................  Name: Oyster Harbor Club Fourth of JulyFestival.
                                                          Sponsor: Oyster Harbor Club, Inc.
                                                          Time: 6 p.m. to 10 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:
    7.29.....................  July 4th.................  Name: Slade Farms Fireworks.
                                                          Sponsor: Slade Farm, Somerset, RI.
                                                          Time: 9 p.m. to 11 p.m.
                                                          Location: 41[deg]43[min]36[sec] N/
                                                           071[deg]09[min]18[sec] W(NAD 1983).
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.30.....................  July 4th.................  Name: Fairfield Aerial Fireworks.
                                                          Sponsor: Fairfield Park Commission.
                                                          Time: 8 p.m. to 10 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:
    7.31.....................  July 4th.................  Name: Subfest Fireworks.
                                                          Sponsor: U.S. Naval Submarine Base.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Thames River, Groton, CT.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.32.....................  July 4th.................  Name: Hartford Riverfest.
                                                          Sponsor: July 4th Riverfest, Inc.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Connecticut River, Hartford, CT.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    7.33.....................  July 4th.................  Name: Middletown Fireworks.
                                                          Sponsor: City of Middletown.
                                                          Time: 8 p.m. to 10 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:
    7.34.....................  July 4th.................  Name: Old Lyme Fireworks.
                                                          Sponsor: Mr. James R. Rice.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Sound View Beach, Long Island Sound, Old
                                                           Lyme, CT.
----------------------------------------------------------------------------------------------------------------
New York:
    7.35.....................  July 4th.................  Name: Bayville Crescent Club Fireworks.
                                                          Sponsor: Bayville Crescent Club, Bayville, NY.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Cooper Bluff, Cove Neck, NY.
----------------------------------------------------------------------------------------------------------------
New York:
    7.36.....................  July 4th.................  Name: Montauk Independence Day.
                                                          Sponsor: Montauk Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Montauk Town Beach, Montauk, NY.
----------------------------------------------------------------------------------------------------------------
New York:
    7.37.....................  July 4th.................  Name: Jones Beach State Park Fireworks.
                                                          Sponsor: Long Island State Park Administration
                                                           Headquarters.
                                                          Time: 9 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:

[[Page 272]]

 
    7.38.....................  July 4th.................  Name: Dolan Family Fireworks.
                                                          Sponsor: Mr. Charles F. Dolan.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Cove Point, Oyster Bay, NY.
----------------------------------------------------------------------------------------------------------------
Massachusetts
    7.39.....................  July 4th.................  Name: Wellfleet Fireworks.
                                                          Sponsor: Wellfleet Fireworks Committee.
                                                          Time: 8 p.m. to 11 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:
    7.40.....................  Weekend following July     Name: Thames River Fireworks.
                                4th.                      Sponsor: Town of Groton.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Thames River, off Electric Boat, Groton, CT.
----------------------------------------------------------------------------------------------------------------
New York:
    7.41.....................  A night during the Second  Name:Boys Harbor Fireworks Extravaganza.
                                or Third weekend in July. Sponsor: Boys Harbor Inc.
                                                          Time: 9 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:
    7.42.....................  Third Saturday in July...  Name: Belfast Fireworks.
                                                          Sponsor: Belfast Bay Festival Committee.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Belfast Bay, ME.
----------------------------------------------------------------------------------------------------------------
                                                     August
----------------------------------------------------------------------------------------------------------------
Connecticut:
    8.1......................  A night during the First   Name: Summer MusicFireworks.
                                week of August.           Sponsor: Summer Music Inc.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Niantic River, Harkness Park, Waterford, CT.
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    8.2......................  A night during the First   Name: Fall RiverCelebrates America Fireworks.
                                weekend in August.        Sponsor: Fall River Chamber of Commerce.
                                                          Time: 9:15 p.m. to 10 p.m.
                                                          Location: Taunton River, vicinity of buoy 17,
                                                           Fall River, MA41[deg]43[min]4[sec] N/
                                                           071[deg]09[min]48[sec] W (NAD 1983).
----------------------------------------------------------------------------------------------------------------
Connecticut:
    8.3......................  A night during the First   Name: HartfordRiverfront Regatta.
                                two weeks in August.      Sponsor: Riverfront Recapture Inc.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Connecticut River, Hartford, CT.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    8.4......................  A night during the Third   Name: Summer MusicFireworks.
                                week in August.           Sponsor: Summer Music Inc.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Niantic River, Harkness Park, Waterford, CT.
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    8.5......................  Last weekend in August...  Name: Oaks Bluff Fireworks.
                                                          Sponsor: Oaks Bluff Fireman[min]s Civic Association.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Oaks Bluff Beach, Oaks Bluff, MA.
----------------------------------------------------------------------------------------------------------------
Connecticut:

[[Page 273]]

 
    8.6......................  Last Sunday in August....  Name: Norwich Harbor DayFireworks.
                                                          Sponsor: Harbor Day Committee.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Norwich Harbor, off American, Wharf Marina,
                                                           Norwich, CT.
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    8.7......................  A night during Labor day   Name: Gloucester Fireworks.
                                weekend.                  Sponsor: Gloucester Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Gloucester Harbor, Stage Fort, Gloucester,
                                                           MA.
----------------------------------------------------------------------------------------------------------------
Maine:
    8.8......................  A night during Labor day   Name: Camden FireworksDisplay.
                                weekend.                  Sponsor: Town of Camden Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Camden Harbor, Camden, ME.
----------------------------------------------------------------------------------------------------------------
                                                    September
----------------------------------------------------------------------------------------------------------------
Massachusetts:
    9.1......................  A night during Labor day   Name: Gloucester Fireworks.
                                weekend.                  Sponsor: Gloucester Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Gloucester Harbor, Stage Fort Park,
                                                           Gloucester, MA.
----------------------------------------------------------------------------------------------------------------
Maine:
    9.2......................  A night during Labor day   Name: Camden FireworksDisplay.
                                weekend.                  Sponsor: Town of Camden Chamber of Commerce.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Camden Harbor, Camden, ME.
----------------------------------------------------------------------------------------------------------------
Connecticut:
    9.3......................  A night during the         Name: Tasteof Italy.
                                weekend following Labor   Sponsor: Italian Heritage Committee.
                                day.                      Time: 8 p.m. to 10 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:
    9.4......................  A night during the First   Name: NewportSalute to Summer.
                                weekend in September.     Sponsor: Naval Education and Training Center.
                                                          Time: 8:30 p.m. to 10 p.m.
                                                          Location: Narragansett Bay, East Passage, off Coasters
                                                           HarborIsland, Newport, RI. 41[deg]25[min] N/
                                                           071[deg]20[min] W (NAD1983).
----------------------------------------------------------------------------------------------------------------
Connecticut:
    9.5......................  First or Second Saturday   Name: Norwalk OysterFestival Fireworks.
                                in September.             Sponsor: Norwalk Seaport Association.
                                                          Time: 8 p.m. to 10 p.m.
                                                          Location: Norwalk Harbor, Norwalk, CT.
----------------------------------------------------------------------------------------------------------------
New York:
    9.6......................  A night during the Last    Name: CowHarbor Day Fireworks.
                                two weekends in           Sponsor: Village of Northport Harbor.
                                September.                Time: 8 p.m. to 10 p.m.
                                                          Location: Sand Pit, Northport Harbor, Northport, NY.
----------------------------------------------------------------------------------------------------------------
                                                     October
----------------------------------------------------------------------------------------------------------------
Massachusetts:

[[Page 274]]

 
    10.1.....................  A night during the Second  Name:Yarmouth Seaside Festival Fireworks.
                                weekend of October.       Sponsor: Yarmouth Seaside Festival.
                                                          Time: 8 p.m. to 9 p.m.
                                                          Location: Seagull Beach, W. Yarmouth, MA
                                                           41[deg]38[min]06[sec]N/070[deg]13[min] 13[sec] W (NAD
                                                           1983).
----------------------------------------------------------------------------------------------------------------
                                                    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,
                                                           MA42[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[min]s Vineyard.
                                                          Sponsor: Town of Martha[min]s Vineyard Chamber of
                                                           Commerce.
                                                          Time: 10 p.m. to 12:30 a.m.
                                                          Location: Vineyard Haven Harbor, Martha[min]s
                                                           Vineyard, MA41[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,
                                                           MA41[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.
----------------------------------------------------------------------------------------------------------------
Rhode Island:
    12.5.....................  December 31st............  Name: Newport Fireworks.
                                                          Sponsor: Newport Cultural Commission.
                                                          Time: 11 p.m. to 1 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 mayenter, 
transit, or remain within the regulated area during theeffective period 
of regulation unless authorized by the Coast Guardpatrol commander.
    (2) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary may also be present to informvessel operators 
of this regulation and other applicable laws.
    (c) Effective dates. This rule is in effect from one hourbefore the 
scheduled start of the event until thirty minutes after thelast firework 
is exploded for each event listed in the Table. Forthose events listed 
without a specific

[[Page 275]]

time or date, an annualFederal Register document will be published 
indicating eventdates and times.

[CGD01-99-009, 64 FR 34544, June 28, 1999;CGD01-99-009, 65 FR 37583, 
July 12, 1999, as amended byUSCG-2000-7223, 65 FR 40055, June 29, 
2000;GCD01-05-012, 70 FR 43764, July 29, 2005;USCG-2007-0111; 73 FR 
12883, Mar. 11, 2008;USCG-2008-0179, 73 FR 35002, June 19, 2008]



Sec. 100.116  Swim Buzzards Bay Day, New Bedford, MA.

    (a) Regulated Area. All waters of the Acushnet River, within200 feet 
of participating swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelinclude 
commissioned, warrant, and petty officers of the U.S. CoastGuard. Upon 
hearing five or more short blasts from a U.S. Coast Guardvessel, the 
operator of a vessel shall proceed as directed. Members ofthe Coast 
Guard Auxiliary may also be present to inform vesseloperators of this 
section and other applicable laws.
    (c) Effective period. This section is in effect annually onone day 
during the last week of July or first week in August. Actualdates 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 watersof 
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 patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary may also be present to informvessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is in effect on August24, 1996, 
and each year thereafter on the fourth Saturday in August.If the event 
is canceled due to weather, this section is effective thefollowing 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 watersof 
Narragansett Bay, Newport, RI, within the following points (NAD83):

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 racestart within 
the approach to Newport Harbor, the race

[[Page 276]]

will beginoffshore 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 patrolcommander 
may delay, modify, or cancel the race as conditions orcircumstances 
require.
    (2) No person or vessel may enter, transit, or remain in 
theregulated area unless participating in the event or unless 
authorizedby the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit 
throughthe regulated area should contact the Coast Guard patrol 
commander onVHF Channel 16. In the event of an emergency, the Coast 
Guard patrolcommander may authorize a vessel to transit through the 
regulated areawith a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions ofthe 
Coast Guard on-scene patrol commander. On-scene patrol personnelmay 
include commissioned, warrant, and petty officers of the U.S.Coast 
Guard. Upon hearing five or more short blasts from a U.S. CoastGuard 
vessel, the operator of a vessel shall proceed as directed.Members of 
the Coast Guard Auxiliary may also be present to informvessel 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 adate and times 
published in a Federal Register document.

[CGD01-96-025, 61 FR 32332, June 24, 1996]



Sec. 100.501  Special Local Regulations; Marine Events in the Fifth Coast GuardDistrict.

    The following regulations apply to the marine events listed in 
theTable to Sec. 100.501. These regulations will be effectiveannually, 
for the duration of each event listed in the Table toSec. 100.501. 
Annual notice of the exact dates and times ofthe effective period of the 
regulation with respect to each event, thegeographical area, and details 
concerning the nature of the event andthe number of participants and 
type(s) of vessels involved will bepublished in Local Notices to 
Mariners and via Broadcast Notice toMariners over VHF-FM marine band 
radio.
    (a) Definitions. The following definitions apply to thissection:
    (1) Coast Guard Patrol Commander. A Patrol Commander is 
acommissioned, warrant, or petty officer of the Coast Guard who hasbeen 
designated by the respective Coast Guard Sector--Captain ofthe Port to 
enforce these regulations.
    (2) Official Patrol. Any vessel assigned or approved by 
therespective Captain of the Port with a commissioned, warrant, or 
pettyofficer on board and displaying a Coast Guard ensign.
    (3) Spectators. All persons and vessels not registered withthe event 
sponsor as participants or official patrol vessels.
    (b) Event Patrol. The Coast Guard may assign an eventpatrol, as 
described in Sec. 100.40 of this part, to eachregulated event listed in 
the table. Additionally, a Patrol Commandermay be assigned to oversee 
the patrol. The event patrol and PatrolCommander may be contacted on 
VHF-FM Channel 16.
    (c) Special Local Regulations. (1) The Coast Guard PatrolCommander 
may forbid and control the movement of all vessels in theregulated 
area(s). When hailed or signaled by an official patrolvessel, a vessel 
in these areas shall immediately comply with thedirections given. 
Failure to do so may result in expulsion from thearea, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, orthe 
operation of any vessel participating in the event, at any time itis 
deemed necessary for the protection of life or property.
    (3) Only event sponsor designated participants and official 
patrolvessels are allowed to enter the regulated area.
    (4) Spectators are allowed inside the regulated area only if 
theyremain within a designated spectator area. Spectators may contact 
theCoast Guard Patrol Commander to request permission to pass through 
theregulated area. If permission is granted, spectators must 
passdirectly through the regulated area at safe speed and 
withoutloitering.

[[Page 277]]

    (d) Contact Information. Questions about marine eventsshould be 
addressed to the local Coast Guard Captain of the Port forthe area in 
which the event is occurring. Contact information islisted below. For a 
description of the geographical area of each CoastGuard Sector--Captain 
of the Port zone, please see subpart 3.25of this chapter.
    (1) Coast Guard Sector Delaware Bay--Captain of the PortZone, 
Philadelphia, Pennsylvania: (215) 271-4944.
    (2) Coast Guard Sector Baltimore--Captain of the Port 
Zone,Baltimore, Maryland: (410) 576-2525.
    (3) Coast Guard Sector Hampton Roads--Captain of the PortZone, 
Norfolk, Virginia: (757) 483-8567.
    (4) Coast Guard Sector North Carolina--Captain of the PortZone, 
Atlantic Beach, North Carolina: (252) 247-4545.
    (5) Coast Guard Marine Safety Unit Wilmington--Cape FearRiver 
Captain of the Port Zone, Wilmington, North Carolina: (910)772-2200.
    (e) Application for Marine Events. The applicationrequirements of 
Sec. 100.15 of this part apply to all eventslisted in the Table to 
Sec. 100.501. For information onapplying for a marine event, contact 
the Captain of the Port for thearea in which the event will occur, at 
the phone numbers listed above.

     Table ToSec.  100.501.--All Coordinates Listed in the Table toSec.  100.501 Reference Datum NAD 1983
----------------------------------------------------------------------------------------------------------------
    No.               Date                    Event                  Sponsor                   Location
----------------------------------------------------------------------------------------------------------------
                                   Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
1..........  June--1st Sunday......  Atlantic County Day at  Atlantic County, New    The waters of Great Egg
                                      theBay.                 Jersey.                 Harbor Bay,adjacent to
                                                                                      Somers Point, New Jersey,
                                                                                      bounded by a line drawn
                                                                                      alongthe following
                                                                                      boundaries: The area is
                                                                                      bounded to the north by
                                                                                      theshoreline along John F.
                                                                                      Kennedy Park and Somers
                                                                                      Point, New Jersey;bounded
                                                                                      to the east by the State
                                                                                      Route 52 bridge; bounded
                                                                                      to the southby a line that
                                                                                      runs along latitude
                                                                                      39[deg]18[min]00[sec] N;
                                                                                      andbounded to the west by
                                                                                      a line that runs along
                                                                                      longitude074[deg]37[min]00
                                                                                      [sec] W.
2..........  June--3rd Saturday....  Annual Escape from      Escape from Fort        All waters of theDelaware
                                      Fort                    Delaware Triathlon,     River between Pea Patch
                                      DelawareTriathlon.      Inc.                    Island and Delaware City,
                                                                                      Delaware,bounded by a line
                                                                                      connecting the following
                                                                                      points:
                                                                                      Latitude39[deg]36[min]35.7
                                                                                      [sec] N, longitude
                                                                                      075[deg]35[min]25.6[sec]
                                                                                      W,to latitude
                                                                                      39[deg]34[min]57.3[sec] N,
                                                                                      longitude075[deg]33[min]23
                                                                                      .1[sec] W, to latitude
                                                                                      39[deg]34[min]11.9[sec]N,
                                                                                      longitude
                                                                                      075[deg]34[min]28.6[sec]
                                                                                      W, to
                                                                                      latitude39[deg]35[min]52.4
                                                                                      [sec] N, longitude
                                                                                      075[deg]36[min]33.9[sec]
                                                                                      W.
3..........  July--4th Saturday....  Night in Venice.......  City of Ocean City,NJ,  The waters of Great Egg
                                                              Night in Venice         Harbor Bay andBeach
                                                              Committee.              Thorofare along the
                                                                                      Intracoastal Waterway
                                                                                      (ICW), adjacent toOcean
                                                                                      City, New Jersey, bounded
                                                                                      by a line drawn at the
                                                                                      followingpoints: Bounded
                                                                                      to the north by a line
                                                                                      that runs along
                                                                                      longitude074[deg]33[min]35
                                                                                      [sec] W, that crosses the
                                                                                      ICW in the vicinity ofthe
                                                                                      northern end of the Great
                                                                                      Egg Harbor Inlet bridge;
                                                                                      bounded to thesouth by a
                                                                                      line that runs along
                                                                                      longitude
                                                                                      074[deg]36[min]30[sec]
                                                                                      W,that crosses the ICW in
                                                                                      the vicinity of day beacon
                                                                                      270. Theregulated
                                                                                      area includes the ICW
                                                                                      between the northern and
                                                                                      southernboundaries and 100
                                                                                      yards on either side of
                                                                                      the ICW centerline.
4..........  July--On or about July  U.S.                    City of Philadelphia..  The waters of the Delaware
              4th.                    holidaycelebrations.                            River,adjacent to
                                                                                      Philadelphia, PA, and
                                                                                      Camden, NJ, from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and
                                                                                      boundedon the north by the
                                                                                      Benjamin Franklin Bridge.
5..........  August--2nd Friday,     Point PleasantOPA/NJ    Offshore Performance    The waters of the Atlantic
              Saturday and Sunday.    Offshore Grand Prix.    Association (OPA)       Oceanbounded by a line
                                                              andNew Jersey           drawn from a position
                                                              Offshore Racing Assn.   along the shoreline
                                                                                      nearNormandy Beach, NJ, at
                                                                                      latitude
                                                                                      40[deg]00[min]00[sec] N,
                                                                                      longitude074[deg]03[min]30
                                                                                      [sec] W, thence easterly
                                                                                      to
                                                                                      latitude39[deg]59[min]40[s
                                                                                      ec] N, longitude
                                                                                      074[deg]02[min]00[sec]
                                                                                      W,thence southwesterly to
                                                                                      latitude
                                                                                      39[deg]56[min]35[sec] N,
                                                                                      longitude074[deg]03[min]00
                                                                                      [sec] W, thence westerly
                                                                                      to a position near
                                                                                      theSeaside Heights Pier at
                                                                                      latitude
                                                                                      39[deg]56[min]35[sec] N,
                                                                                      longitude074[deg]04[min]15
                                                                                      [sec] W, thence northerly
                                                                                      along the shoreline tothe
                                                                                      point of origin.

[[Page 278]]

 
6..........  July--3rd Wednesday     New JerseyOffshore      Offshore Performance    The waters of the Manasquan
              and Thursday.           Grand Prix.             Assn. & New             River from the NewYork and
                                                              JerseyOffshore Racing   Long Branch Railroad to
                                                              Assn.                   Manasquan Inlet, together
                                                                                      with all ofthe navigable
                                                                                      waters of the United
                                                                                      States from Asbury Park,
                                                                                      NewJersey, latitude
                                                                                      40[deg]14[min]00[sec] N;
                                                                                      southward to SeasidePark,
                                                                                      New Jersey latitude
                                                                                      39[deg]55[min]00[sec] N,
                                                                                      from the NewJersey
                                                                                      shoreline seaward to the
                                                                                      limits of the Territorial
                                                                                      Sea. Therace course area
                                                                                      extends from Asbury Park
                                                                                      to Seaside Park from
                                                                                      theshoreline, seaward to a
                                                                                      distance of 8.4 nautical
                                                                                      miles.
7..........  August--4th Wednesday.  Thunder Over the        Atlantic City Chamber   The waters of the
                                      Boardwalk Airshow.      of Commerce.            AtlanticOcean, adjacent to
                                                                                      Atlantic City, New Jersey,
                                                                                      bounded by a line
                                                                                      drawnbetween the following
                                                                                      points: Southeasterly from
                                                                                      a point along theshoreline
                                                                                      at latitude
                                                                                      39[deg]21[min]31[sec] N,
                                                                                      longitude074[deg]25[min]04
                                                                                      [sec] W, thence to
                                                                                      latitude39[deg]21[min]08[s
                                                                                      ec] N, longitude
                                                                                      074[deg]24[min]48[sec]
                                                                                      W,thence southwesterly to
                                                                                      latitude
                                                                                      39[deg]20[min]16[sec] N,
                                                                                      longitude074[deg]27[min]17
                                                                                      [sec] W, thence
                                                                                      northwesterly to a point
                                                                                      along theshoreline at
                                                                                      latitude
                                                                                      39[deg]20[min]44[sec] N,
                                                                                      longitude074[deg]27[min]31
                                                                                      [sec] W, thence
                                                                                      northeasterly along the
                                                                                      shorelineto latitude
                                                                                      39[deg]21[min]31[sec] N,
                                                                                      longitude074[deg]25[min]04
                                                                                      [sec] W.
8..........  September--3rd          Annual Escape from      Escape from Fort        All waters of theDelaware
              Saturday.               Fort                    Delaware Triathlon,     River between Pea Patch
                                      DelawareTriathlon.      Inc.                    Island and Delaware City,
                                                                                      Delaware,bounded by a line
                                                                                      connecting the following
                                                                                      points:
                                                                                      Latitude39[deg]36[min]35.7
                                                                                      [sec] N, longitude
                                                                                      075[deg]35[min]25.6[sec]
                                                                                      W,to latitude
                                                                                      39[deg]34[min]57.3[sec] N,
                                                                                      longitude075[deg]33[min]23
                                                                                      .1[sec] W, to latitude
                                                                                      39[deg]34[min]11.9[sec]N,
                                                                                      longitude
                                                                                      075[deg]34[min]28.6[sec]
                                                                                      W, to
                                                                                      latitude39[deg]35[min]52.4
                                                                                      [sec] N, longitude
                                                                                      075[deg]36[min]33.9[sec]
                                                                                      W.
9..........  September--last         Sunset LakeHydrofest..  Sunset Lake Hydrofest   All waters of Sunset Lake,
              Friday, Saturday and                            Assn.                   NewJersey, from shoreline
              Sunday;October--first                                                   to shoreline, south of
              Friday, Saturday and                                                    latitude38[deg]58[min]32[s
              Sunday.                                                                 ec] N.
10.........  October--2nd Saturday   The Liberty GrandPrix.  Offshore Performance    The waters of the
              and Sunday.                                     Assn. (OPA).            DelawareRiver, adjacent to
                                                                                      Philadelphia, PA, and
                                                                                      Camden, NJ, from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and
                                                                                      boundedon the north by the
                                                                                      Benjamin Franklin Bridge.
11.........  October--1st Monday     U.S.                    City of Philadelphia..  The waters of the Delaware
              (Columbus Day).         holidaycelebrations.                            River,adjacent to
                                                                                      Philadelphia, PA, and
                                                                                      Camden, NJ, from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and
                                                                                      boundedon the north by the
                                                                                      Benjamin Franklin Bridge.
12.........  December--On December   U.S.holiday             City of Philadelphia..  The waters of the
              31st (New Year's Eve).  celebrations.                                   DelawareRiver, adjacent to
                                                                                      Philadelphia, PA, and
                                                                                      Camden, NJ, from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and
                                                                                      boundedon the north by the
                                                                                      Benjamin Franklin Bridge.
----------------------------------------------------------------------------------------------------------------
                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
13.........  March--4th or last      Safety at SeaSeminar..  U.S. Naval Academy....  All waters of the Severn
              Saturday.                                                               River fromshoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      fromthe south shoreline at
                                                                                      latitude
                                                                                      39[deg]00[min]38.9[sec]
                                                                                      N.,longitude
                                                                                      76[deg]31[min]05.2[sec] W.
                                                                                      thence to the north
                                                                                      shorelineat latitude
                                                                                      39[deg]00[min]54.7[sec]
                                                                                      N.,
                                                                                      longitude076[deg]30[min]44
                                                                                      .8[sec] W., this line is
                                                                                      approximately 1300
                                                                                      yardsnorthwest of the U.S.
                                                                                      50 fixed highway bridge.
                                                                                      The regulated area
                                                                                      isbounded to the southeast
                                                                                      by a line drawn from the
                                                                                      Naval Academy Lightat
                                                                                      latitude
                                                                                      38[deg]58[min]39.5[sec]
                                                                                      N.,
                                                                                      longitude076[deg]28[min]49
                                                                                      [sec] W., thence southeast
                                                                                      to a point 700 yardseast
                                                                                      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
                                                                                      GreenburyPoint at latitude
                                                                                      38[deg]58[min]29[sec] N.,
                                                                                      longitude076[deg]27[min]16
                                                                                      [sec] W.
14.........  March--last Friday,     USNA Crew Races.......  U.S.Naval Academy.....  All waters of the Severn
              Saturday, and Sunday;                                                   River from shoreline
              April andMay--every                                                     toshoreline, bounded to
              Friday, Saturday, and                                                   the northwest by a line
              Sunday.                                                                 drawn from the
                                                                                      southshoreline at latitude
                                                                                      39[deg]00[min]38.9[sec]
                                                                                      N.,
                                                                                      longitude076[deg]31[min]05
                                                                                      .2[sec] W. thence to the
                                                                                      north shoreline atlatitude
                                                                                      39[deg]00[min]54.7[sec]
                                                                                      N.,
                                                                                      longitude076[deg]30[min]44
                                                                                      .8[sec] W., this line is
                                                                                      approximately 1300
                                                                                      yardsnorthwest of the U.S.
                                                                                      50 fixed highway bridge.
                                                                                      The regulated area
                                                                                      isbounded to the southeast
                                                                                      by a line drawn from the
                                                                                      Naval Academy Lightat
                                                                                      latitude
                                                                                      38[deg]58[min]39.5[sec]
                                                                                      N.,
                                                                                      longitude076[deg]28[min]49
                                                                                      [sec] W. thence southeast
                                                                                      to a point 700 yardseast
                                                                                      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
                                                                                      GreenburyPoint at latitude
                                                                                      38[deg]58[min]29[sec] N.,
                                                                                      longitude076[deg]27[min]16
                                                                                      [sec] W.

[[Page 279]]

 
15.........  April--2nd Saturday...  St. Mary's Seahawk      St.Mary's College of    All waters of the St.
                                      Sprint.                 Maryland.               Mary's River,
                                                                                      fromshoreline to
                                                                                      shoreline, bounded to the
                                                                                      south by a line at
                                                                                      latitude38[deg]10[min]05[s
                                                                                      ec] N, and bounded to the
                                                                                      north by a line atlatitude
                                                                                      38[deg]12[min]00[sec] N.
16.........  May--1st Sunday.......  Nanticoke River Swim    Nanticoke River Swim    All waters of theNanticoke
                                      andTriathlon.           and Triathlon, Inc.     River, including Bivalve
                                                                                      Channel and Bivalve
                                                                                      Harbor, boundedby a line
                                                                                      drawn from a point on the
                                                                                      shoreline at
                                                                                      latitude38[deg]18[min]00[s
                                                                                      ec] N, longitude
                                                                                      075[deg]54[min]00[sec]
                                                                                      W,thence westerly to
                                                                                      latitude
                                                                                      38[deg]18[min]00[sec] N,
                                                                                      longitude075[deg]55[min]00
                                                                                      [sec] W, thence northerly
                                                                                      to
                                                                                      latitude38[deg]20[min]00[s
                                                                                      ec] N, longitude
                                                                                      075[deg]53[min]48[sec]
                                                                                      W,thence easterly to
                                                                                      latitude
                                                                                      38[deg]19[min]42[sec] N,
                                                                                      longitude075[deg]52[min]54
                                                                                      [sec] W.
17.........  May--2nd Saturday and   Baltimore County        Baltimore County......  All waters of Martin
              Sunday.                 CommunityWaterfront                             Lagoonthat are north of a
                                      Festival.                                       line drawn from latitude
                                                                                      39[deg]19[min]34[sec]N,
                                                                                      longitude
                                                                                      076[deg]25[min]41[sec] W,
                                                                                      thence to a position
                                                                                      locatedat
                                                                                      39[deg]19[min]33[sec] N,
                                                                                      longitude
                                                                                      076[deg]25[min]33[sec] W.
18.........  May--3rd Friday,        Dragon Boat Racesat     Dragon BoatFestival,    The waters of the Upper
              Saturday, and Sunday.   Thompson Boathouse,     Inc.                    Potomac River, Washington,
                                      Georgetown,                                     DC,from shoreline to
                                      Washington, DC.                                 shoreline, bounded
                                                                                      upstream by the Francis
                                                                                      Scott KeyBridge and
                                                                                      downstream by the
                                                                                      Roosevelt Memorial Bridge.
19.........  May--3rd Tuesday and    Blue Angels AirShow...  U.S. Naval Academy....  All waters of the Severn
              Wednesday.                                                              River fromshoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      fromthe 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
                                                                                      shorelineat latitude
                                                                                      39[deg]00[min]54.7[sec]
                                                                                      N.,
                                                                                      longitude076[deg]30[min]44
                                                                                      .8[sec] W., this line is
                                                                                      approximately 1300
                                                                                      yardsnorthwest of the U.S.
                                                                                      50 fixed highway bridge.
                                                                                      The regulated area
                                                                                      isbounded to the southeast
                                                                                      by a line drawn from the
                                                                                      Naval Academy Lightat
                                                                                      latitude
                                                                                      38[deg]58[min]39.5[sec]
                                                                                      N.,
                                                                                      longitude076[deg]28[min]49
                                                                                      [sec] W. thence southeast
                                                                                      to a point 700 yardseast
                                                                                      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
                                                                                      GreenburyPoint at latitude
                                                                                      38[deg]58[min]29[sec] N.,
                                                                                      longitude076[deg]27[min]16
                                                                                      [sec] W.
20.........  June--2nd Sunday......  The Great Chesapeake    Great Chesapeake        The waters of the
                                      Bay Bridges SwimRaces   BaySwim, Inc.           Chesapeake Bay between and
                                      and Chesapeake                                  adjacent tothe spans of
                                      Challenge One Mile                              the William P. Lane Jr.
                                      Swim.                                           Memorial Bridge shore to
                                                                                      shore500 yards north of
                                                                                      the north span of the
                                                                                      bridge from the western
                                                                                      shoreat latitude
                                                                                      39[deg]00[min]36[sec] N,
                                                                                      longitude076[deg]23[min]05
                                                                                      [sec] W and the eastern
                                                                                      shore at
                                                                                      latitude38[deg]59[min]14[s
                                                                                      ec] N, longitude
                                                                                      076[deg]20[min]00[sec] W,
                                                                                      and500 yards south of the
                                                                                      south span of the bridge
                                                                                      from the western shoreat
                                                                                      latitude
                                                                                      39[deg]00[min]16[sec] N,
                                                                                      longitude076[deg]24[min]30
                                                                                      [sec] W and the eastern
                                                                                      shore at
                                                                                      latitude38[deg]58[min]38.5
                                                                                      [sec] N, longitude
                                                                                      076[deg]20[min]06[sec] W.
21.........  June--3rd Saturday or   MarylandSwim for Life.  District of Columbia    The waters of theChester
              July--3rd Saturday.                             Aquatics Club.          River from shoreline to
                                                                                      shoreline, bounded on the
                                                                                      south by aline drawn at
                                                                                      latitude
                                                                                      39[deg]10[min]16[sec] N,
                                                                                      near the ChesterRiver
                                                                                      Channel Buoy 35 (LLN-
                                                                                      26795) and bounded on the
                                                                                      north atlatitude
                                                                                      39[deg]12[min]30[sec] N by
                                                                                      the Maryland S.R. 213
                                                                                      HighwayBridge.
22.........  June--last Saturday     Bo BowmanMemorial--     Virginia/Carolina       Allwaters of the Nanticoke
              and Sunday.             Sharptown Regatta.      Racing Assn.            River, near Sharptown,
                                                                                      Maryland, betweenMaryland
                                                                                      S.R. 313 Highway Bridge
                                                                                      and Nanticoke River Light
                                                                                      43(LLN-24175), bounded by
                                                                                      a line drawn between the
                                                                                      followingpoints:
                                                                                      Southeasterly from
                                                                                      latitude
                                                                                      38[deg]32[min]46[sec]
                                                                                      N,longitude
                                                                                      075[deg]43[min]14[sec] W,
                                                                                      to
                                                                                      latitude38[deg]32[min]42[s
                                                                                      ec] N, longitude
                                                                                      075[deg]43[min]09[sec]
                                                                                      W,thence northeasterly to
                                                                                      latitude
                                                                                      38[deg]33[min]04[sec] N,
                                                                                      longitude075[deg]42[min]39
                                                                                      [sec] W, thence
                                                                                      northwesterly to
                                                                                      latitude38[deg]33[min]09[s
                                                                                      ec] N, longitude
                                                                                      075[deg]42[min]44[sec]
                                                                                      W,thence southwesterly to
                                                                                      latitude
                                                                                      38[deg]32[min]46[sec] N,
                                                                                      longitude075[deg]43[min]14
                                                                                      [sec] W.
23.........  August--1st Saturday    Thunder on theNarrows.  Kent Narrows Racing     All waters of Prospect Bay
              and Sunday.                                     Assn.                   enclosedby the following
                                                                                      points: Latitude
                                                                                      38[deg]57[min]52.0[sec]
                                                                                      N,longitude
                                                                                      076[deg]14[min]48.0[sec]
                                                                                      W, to
                                                                                      latitude38[deg]58[min]02.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]15[min]05.0[sec]
                                                                                      W,to latitude
                                                                                      38[deg]57[min]38.0[sec] N,
                                                                                      longitude076[deg]15[min]29
                                                                                      .0[sec] W, to latitude
                                                                                      38[deg]57[min]28.0[sec]N,
                                                                                      longitude
                                                                                      076[deg]15[min]23.0[sec]
                                                                                      W, to
                                                                                      latitude38[deg]57[min]52.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]14[min]48.0[sec]
                                                                                      W.

[[Page 280]]

 
24.........  Labor Day weekend --    Annual Ragin on the     Port Deposit, MD,       The waters of the
              Saturday and Sunday,    River.                  Chamber ofCommerce.     Susquehanna River,
              orMonday.                                                               adjacent to PortDeposit,
                                                                                      Maryland, from shoreline
                                                                                      to shoreline, bounded on
                                                                                      the southby the U.S. I-95
                                                                                      fixed highway bridge, and
                                                                                      bounded on the northby a
                                                                                      line running southwesterly
                                                                                      from a point along the
                                                                                      shoreline atlatitude
                                                                                      39[deg]36[min]22[sec] N,
                                                                                      longitude076[deg]07[min]08
                                                                                      [sec] W, thence to
                                                                                      latitude39[deg]36[min]00[s
                                                                                      ec] N, longitude
                                                                                      076[deg]07[min]46[sec] W.
25.........  September--2nd          Dragon Boat Races in    Associated Catholic     The waters of the
              Saturday.               the InnerHarbor.        Charities, Inc.         PatapscoRiver, Baltimore,
                                                                                      MD, Inner Harbor from
                                                                                      shoreline to
                                                                                      shoreline,bounded on the
                                                                                      east by a line drawn along
                                                                                      longitude076[deg]36[min]30
                                                                                      [sec] W.
26.........  September--2nd Sunday.  Annapolis Triathlon     City ofAnnapolis and    The approaches toAnnapolis
                                      Swim.                   the Annapolis           Harbor, the waters of Spa
                                                              Triathlon Club.         Creek, and the Severn
                                                                                      River, shoreto shore,
                                                                                      bounded on the south by a
                                                                                      line drawn from Carr
                                                                                      Point, atlatitude
                                                                                      38[deg]58[min]58.0[sec] N,
                                                                                      longitude076[deg]27[min]40
                                                                                      .0[sec] W, thence to Horn
                                                                                      Point Warning Light(LLNR-
                                                                                      17935), at
                                                                                      38[deg]58[min]24.0[sec] N,
                                                                                      longitude076[deg]28[min]10
                                                                                      .0[sec] W, thence to Horn
                                                                                      Point,
                                                                                      at38[deg]58[min]20.0[sec]
                                                                                      N, longitude
                                                                                      076[deg]28[min]27.0[sec]
                                                                                      W,and bounded on the north
                                                                                      by the State Route 450
                                                                                      Bridge.
27.........  September--4th or last  CambridgeOffshore       Chesapeake Bay          All watersof the Choptank
              Saturday and Sunday.    Challenge.              Powerboat Association.  River, from shoreline to
                                                                                      shoreline, bounded to
                                                                                      thewest by the Route 50
                                                                                      Bridge and bounded to the
                                                                                      east by a line drawnalong
                                                                                      longitude 076[deg] W,
                                                                                      between Goose Point, MD,
                                                                                      and OystershellPoint, MD.
28.........  September--last         Chesapeakeman           Columbia Triathlon      All waters of the
              Saturday.               UltraTriathlon.         Assn. Inc.              ChoptankRiver within 200
                                                                                      yards either side of a
                                                                                      line drawn northwesterly
                                                                                      froma point on the
                                                                                      shoreline at latitude
                                                                                      38[deg]33[min]45[sec]
                                                                                      N,longitude
                                                                                      076[deg]02[min]38[sec] W,
                                                                                      thence to
                                                                                      latitude38[deg]35[min]06[s
                                                                                      ec] N, longitude
                                                                                      076[deg]04[min]42[sec] W,
                                                                                      aposition located at Great
                                                                                      Marsh Park, Cambridge, MD.
29.........  October--last Saturday  Tug of War............  City of Annapolis.....  The waters of Spa Creek
              or November--                                                           fromshoreline to
              1stSaturday.                                                            shoreline, extending 400
                                                                                      feet from either side of a
                                                                                      ropespanning Spa Creek
                                                                                      from a position at
                                                                                      latitude38[deg]58[min]36.9
                                                                                      [sec] N, longitude
                                                                                      076[deg]29[min]03.8[sec]
                                                                                      Won the Annapolis
                                                                                      shoreline to a position at
                                                                                      latitude38[deg]58[min]26.4
                                                                                      [sec] N, longitude
                                                                                      076[deg]28[min]53.7[sec]
                                                                                      Won the Eastport
                                                                                      shoreline.
30.........  December--2nd Saturday  Eastport Yacht Club     Eastport Yacht Club...  The approaches to Annapolis
                                      BoatParade.                                     Harbor, thewaters of Spa
                                                                                      Creek, and the Severn
                                                                                      River, shore to shore,
                                                                                      bounded onthe south by a
                                                                                      line drawn from Carr
                                                                                      Point, at
                                                                                      latitude38[deg]58[min]58.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]27[min]40.0[sec]
                                                                                      W,thence to Horn Point
                                                                                      Warning Light (LLNR-
                                                                                      17935),
                                                                                      at38[deg]58[min]24.0[sec]
                                                                                      N, longitude
                                                                                      076[deg]28[min]10.0[sec]
                                                                                      W,thence to Horn Point, at
                                                                                      38[deg]58[min]20.0[sec] N,
                                                                                      longitude076[deg]28[min]27
                                                                                      .0[sec] W, and bounded on
                                                                                      the north by the
                                                                                      StateRoute 450 Bridge.
----------------------------------------------------------------------------------------------------------------
                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
31.........  March--4th or last      Virginiastate           Virginia Boat Racing    The watersof the Western
              Friday and Saturday.    hydroplane              Assn.                   Branch, Elizabeth River
                                      championships.                                  bounded by a line
                                                                                      connectingthe following
                                                                                      points: latitude
                                                                                      36[deg]50[min]06[sec] N,
                                                                                      longitude076[deg]22[min]27
                                                                                      [sec] W, thence to
                                                                                      latitude36[deg]50[min]06[s
                                                                                      ec] N, longitude
                                                                                      076[deg]21[min]57[sec]
                                                                                      W,thence to latitude
                                                                                      36[deg]50[min]15[sec] N,
                                                                                      longitude076[deg]21[min]55
                                                                                      .8[sec] W, thence to
                                                                                      latitude36[deg]50[min]15[s
                                                                                      ec] N, longitude
                                                                                      076[deg]22[min]27[sec]
                                                                                      W,thence to point of
                                                                                      origin.
32.........  April--3rd Friday and   Hydroplaneraces.......  Virginia Boat Racing    The waters of the Western
              Saturday.                                       Assn.                   Branch,Elizabeth River
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points:latitude
                                                                                      36[deg]50[min]06[sec] N,
                                                                                      longitude076[deg]22[min]27
                                                                                      [sec] W, thence to
                                                                                      latitude36[deg]50[min]06[s
                                                                                      ec] N, longitude
                                                                                      076[deg]21[min]57[sec]
                                                                                      W,thence to latitude
                                                                                      36[deg]50[min]15[sec] N,
                                                                                      longitude076[deg]21[min]55
                                                                                      .8[sec] W, thence to
                                                                                      latitude36[deg]50[min]15[s
                                                                                      ec] N, longitude
                                                                                      076[deg]22[min]27[sec]
                                                                                      W,thence to point of
                                                                                      origin.
33.........  April--4th Friday and   Crawford Bay            Port Events, Inc......  The waters of the Southern
              Saturday.               CrewClassic.                                    Branch,Elizabeth River
                                                                                      from shoreline to
                                                                                      shoreline bounded to the
                                                                                      south by aline drawn from
                                                                                      latitude
                                                                                      36[deg]49[min]11.0[sec] N,
                                                                                      longitude076[deg]17[min]33
                                                                                      .0[sec] W to latitude
                                                                                      36[deg]49[min]11.0[sec]N,
                                                                                      longitude
                                                                                      076[deg]17[min]22.0[sec] W
                                                                                      and bounded to the north
                                                                                      bya line drawn from
                                                                                      latitude
                                                                                      36[deg]50[min]17.5[sec] N,
                                                                                      longitude076[deg]17[min]45
                                                                                      .0[sec] W to latitude
                                                                                      36[deg]50[min]17.5[sec]N,
                                                                                      longitude
                                                                                      076[deg]17[min]30.0[sec]
                                                                                      W.

[[Page 281]]

 
34.........  April--4th Saturday     Wet SpringRegatta.....  Windsurfing             The waters ofWilloughby Bay
              and Sunday.                                     Enthusiasts of          contained within the
                                                              Tidewater.              following coordinates:
                                                                                      Latitude36[deg]58[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]18[min]42[sec] W,
                                                                                      tolatitude
                                                                                      36[deg]58[min]00[sec] N,
                                                                                      longitude076[deg]18[min]00
                                                                                      [sec] W, to latitude
                                                                                      36[deg]57[min]49[sec]
                                                                                      N,longitude
                                                                                      076[deg]18[min]14[sec] W,
                                                                                      to
                                                                                      latitude36[deg]57[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]17[min]55[sec] W,
                                                                                      tolatitude
                                                                                      36[deg]57[min]26[sec] N,
                                                                                      longitude076[deg]18[min]06
                                                                                      [sec] W, to latitude
                                                                                      36[deg]58[min]15[sec]
                                                                                      N,longitude
                                                                                      076[deg]19[min]08[sec] W,
                                                                                      to
                                                                                      latitude36[deg]58[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]18[min]42[sec] W.
35.........  May--2nd Friday and     Hydroplane races......  VirginiaBoat Racing     The waters of the Western
              Saturday.                                       Assn.                   Branch, Elizabeth
                                                                                      Riverbounded by a line
                                                                                      connecting the following
                                                                                      points:
                                                                                      Latitude36[deg]50[min]06[s
                                                                                      ec] N, longitude
                                                                                      076[deg]22[min]27[sec]
                                                                                      W,thence to latitude
                                                                                      36[deg]50[min]06[sec] N,
                                                                                      longitude076[deg]21[min]57
                                                                                      [sec] W, thence to
                                                                                      latitude36[deg]50[min]15[s
                                                                                      ec] N, longitude
                                                                                      076[deg]21[min]55.8[sec]
                                                                                      W,thence to latitude
                                                                                      36[deg]50[min]15[sec] N,
                                                                                      longitude076[deg]22[min]27
                                                                                      [sec] W, thence to point
                                                                                      of origin.
36.........  May--last Friday,       Blackbeard Festival...  Hampton EventMakers...  The waters of Sunset Creek
              Saturday and Sunday                                                     and Hampton River shore to
              or June--1stFriday,                                                     shorebounded to the north
              Saturday and Sunday.                                                    by the C & O Railroad
                                                                                      Bridge and to thesouth by
                                                                                      a line drawn from Hampton
                                                                                      River Channel Light 16 (LL
                                                                                      5715),located at latitude
                                                                                      37[deg]01[min]03.0[sec] N,
                                                                                      longitude76[deg]20[min]26.
                                                                                      0[sec] W, to the finger
                                                                                      pier across the river
                                                                                      atFisherman's Wharf,
                                                                                      located at latitude
                                                                                      37[deg]01[min]01.5[sec]
                                                                                      N,longitude
                                                                                      76[deg]20[min]32.0[sec] W.
                                                                                     Spectator Vessel
                                                                                      AnchorageAreas--Area A:
                                                                                      Located in the upper
                                                                                      reaches of the
                                                                                      HamptonRiver, bounded to
                                                                                      the south by a line drawn
                                                                                      from the western shore
                                                                                      atlatitude
                                                                                      37[deg]01[min]48.0[sec] N,
                                                                                      longitude76[deg]20[min]22.
                                                                                      0[sec] W, across the river
                                                                                      to the eastern shore
                                                                                      atlatitude
                                                                                      37[deg]01[min]44.0[sec] N,
                                                                                      longitude76[deg]20[min]13.
                                                                                      0[sec] W, and to the north
                                                                                      by the C & ORailroad
                                                                                      Bridge. The anchorage area
                                                                                      will be marked by orange
                                                                                      buoys.
                                                                                     Area B: Located on the
                                                                                      eastern side of
                                                                                      thechannel, in the Hampton
                                                                                      River, south of the Queen
                                                                                      Street Bridge, nearthe
                                                                                      Riverside Health Center.
                                                                                      Bounded by the shoreline
                                                                                      and a line drawnbetween
                                                                                      the following points:
                                                                                      Latitude
                                                                                      37[deg]01[min]26.0[sec]
                                                                                      N,longitude
                                                                                      76[deg]20[min]24.0[sec] W,
                                                                                      latitude37[deg]01[min]22.0
                                                                                      [sec] N, longitude
                                                                                      76[deg]20[min]26.0[sec]
                                                                                      W,and latitude
                                                                                      37[deg]01[min]22.0[sec] N,
                                                                                      longitude76[deg]20[min]23.
                                                                                      0[sec] W. The anchorage
                                                                                      area will be marked
                                                                                      byorange buoys.
37.........  June--1st Friday,       NorfolkHarborfest.....  Norfolk Festevents,     The waters of the Elizabeth
              Saturday and Sunday.                            Ltd.                    Riverand its branches from
                                                                                      shore to shore, bounded to
                                                                                      the northwest by aline
                                                                                      drawn across the Port
                                                                                      Norfolk Reach section of
                                                                                      the ElizabethRiver between
                                                                                      the northern corner of the
                                                                                      landing at Hospital
                                                                                      Point,Portsmouth,
                                                                                      Virginia, latitude
                                                                                      36[deg]50[min]51.0[sec] N,
                                                                                      longitude076[deg]18[min]09
                                                                                      .0[sec] W and the north
                                                                                      corner of the City
                                                                                      ofNorfolk Mooring Pier at
                                                                                      the foot of Brooks Avenue
                                                                                      located at
                                                                                      latitude36[deg]51[min]00.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W;bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner ofthe
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude36[deg]50[min]50.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]18[min]10.0[sec]
                                                                                      W,to the northern end of
                                                                                      the eastern most pier at
                                                                                      the Tidewater YachtAgency
                                                                                      Marina, located at
                                                                                      latitude
                                                                                      36[deg]50[min]29.0[sec]
                                                                                      N,longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W; bounded to the south by
                                                                                      aline drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of
                                                                                      theElizabeth River,
                                                                                      between the Portsmouth
                                                                                      Lightship Museum located
                                                                                      atthe foot of London
                                                                                      Boulevard, in Portsmouth,
                                                                                      Virginia, at
                                                                                      latitude36[deg]50[min]10.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]47.0[sec]
                                                                                      W,and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding &
                                                                                      Drydock,Berkley Plant,
                                                                                      Pier No. 1, located at
                                                                                      latitude36[deg]50[min]08.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]39.0[sec]
                                                                                      W;and to the southeast by
                                                                                      the Berkley Bridge which
                                                                                      crosses the EasternBranch
                                                                                      of the Elizabeth River
                                                                                      between Berkley at
                                                                                      latitude36[deg]50[min]21.5
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]14.5[sec]
                                                                                      W,and Norfolk at latitude
                                                                                      36[deg]50[min]35.0[sec] N,
                                                                                      longitude076[deg]17[min]10
                                                                                      .0[sec] W.

[[Page 282]]

 
38.........  June--1st Friday and    Ocean City              Offshore Performance    The watersof the Atlantic
              Saturday.               MarylandOffshore        Assn. Racing, LLC.      Ocean commencing at a
                                      Challenge.                                      point on the shoreline
                                                                                      atlatitude
                                                                                      38[deg]25[min]42[sec] N,
                                                                                      longitude075[deg]03[min]06
                                                                                      [sec] W; thence east
                                                                                      southeast to
                                                                                      latitude38[deg]25[min]30[s
                                                                                      ec] N, longitude
                                                                                      075[deg]02[min]12[sec]
                                                                                      W,thence south southwest
                                                                                      parallel to the Ocean City
                                                                                      shoreline tolatitude
                                                                                      38[deg]19[min]12[sec] N,
                                                                                      longitude075[deg]03[min]48
                                                                                      [sec] W; thence west
                                                                                      northwest to the shoreline
                                                                                      atlatitude
                                                                                      38[deg]19[min]30[sec] N,
                                                                                      longitude075[deg]05[min]00
                                                                                      [sec] W. The waters of the
                                                                                      Atlantic Ocean boundedby a
                                                                                      line drawn from a position
                                                                                      along the shoreline near
                                                                                      Ocean City,MD, at latitude
                                                                                      38[deg]22[min]25.2[sec] N,
                                                                                      longitude075[deg]03[min]49
                                                                                      .4[sec] W, thence easterly
                                                                                      to
                                                                                      latitude38[deg]22[min]00.4
                                                                                      [sec] N, longitude
                                                                                      075[deg]02[min]34.8[sec]
                                                                                      W,thence southwesterly to
                                                                                      latitude
                                                                                      38[deg]19[min]35.9[sec]
                                                                                      N,longitude
                                                                                      075[deg]03[min]35.4[sec]
                                                                                      W, thence westerly to a
                                                                                      positionnear the shoreline
                                                                                      at latitude
                                                                                      38[deg]20[min]05[sec] N,
                                                                                      longitude075[deg]04[min]48
                                                                                      .4[sec] W, thence
                                                                                      northerly along the
                                                                                      shoreline tothe point of
                                                                                      origin.
39.........  June--3rd Saturday....  Cock Island Race......  Ports Events,Inc......  The waters of the Elizabeth
                                                                                      River and its branches
                                                                                      from shore toshore,
                                                                                      bounded to the northwest
                                                                                      by a line drawn across the
                                                                                      PortNorfolk Reach section
                                                                                      of the Elizabeth River
                                                                                      between the northerncorner
                                                                                      of the landing at Hospital
                                                                                      Point, Portsmouth,
                                                                                      Virginia,latitude
                                                                                      36[deg]50[min]51.0[sec] N,
                                                                                      longitude076[deg]18[min]09
                                                                                      .0[sec] W and the north
                                                                                      corner of the City
                                                                                      ofNorfolk Mooring Pier at
                                                                                      the foot of Brooks Avenue
                                                                                      located at
                                                                                      latitude36[deg]51[min]00.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W;bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner ofthe
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude36[deg]50[min]50.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]18[min]10.0[sec]
                                                                                      W,to the northern end of
                                                                                      the eastern most pier at
                                                                                      the Tidewater YachtAgency
                                                                                      Marina, located at
                                                                                      latitude
                                                                                      36[deg]50[min]29.0[sec]
                                                                                      N,longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W; bounded to the south by
                                                                                      aline drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of
                                                                                      theElizabeth River,
                                                                                      between the Portsmouth
                                                                                      Lightship Museum located
                                                                                      atthe foot of London
                                                                                      Boulevard, in Portsmouth,
                                                                                      Virginia, at
                                                                                      latitude36[deg]50[min]10.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]47.0[sec]
                                                                                      W,and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding &
                                                                                      Drydock,Berkley Plant,
                                                                                      Pier No. 1, located at
                                                                                      latitude36[deg]50[min]08.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]39.0[sec]
                                                                                      W;and to the southeast by
                                                                                      the Berkley Bridge which
                                                                                      crosses the EasternBranch
                                                                                      of the Elizabeth River
                                                                                      between Berkley at
                                                                                      latitude36[deg]50[min]21.5
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]14.5[sec]
                                                                                      W,and Norfolk at latitude
                                                                                      36[deg]50[min]35.0[sec] N,
                                                                                      longitude076[deg]17[min]10
                                                                                      .0[sec] W.
40.........  June--last Saturday...  RRBA Spring             Rappahannock River      The waters ofthe
                                      RadarShootout.          Boaters Association     Rappahannock River,
                                                              (RRBA).                 adjacent to Layton, VA,
                                                                                      from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the west by a line running
                                                                                      along
                                                                                      longitude076[deg]58[min]30
                                                                                      [sec] W, and bounded on
                                                                                      the east by a line
                                                                                      runningalong longitude
                                                                                      076[deg]56[min]00[sec] W.
41.........  July--3rd Sunday......  Watermen's Heritage     Watermen's Museum of    The waters of the
                                      Festival                Yorktown, VA.           YorkRiver, Yorktown,
                                      WorkboatRaces.                                  Virginia, bounded on the
                                                                                      west by a line drawn
                                                                                      alonglongitude
                                                                                      076[deg]31[min]25[sec] W,
                                                                                      bounded on the east by a
                                                                                      linedrawn along longitude
                                                                                      076[deg]30[min]55[sec] W,
                                                                                      bounded on thesouth by the
                                                                                      shoreline and bounded on
                                                                                      the north by a line
                                                                                      drawnparallel and 400
                                                                                      yards north of the
                                                                                      southern shoreline.
42.........  July--last Wednesday    Pony PenningSwim......  Chincoteague Volunteer  The waters of
              and following Friday.                           Fire Department.        AssateagueChannel from
                                                                                      shoreline to shoreline,
                                                                                      bounded to the east by a
                                                                                      linedrawn from latitude
                                                                                      37[deg]55[min]01[sec] N,
                                                                                      longitude075[deg]22[min]40
                                                                                      [sec] W, to latitude
                                                                                      37[deg]54[min]50[sec]
                                                                                      N,longitude
                                                                                      075[deg]22[min]46[sec] W,
                                                                                      and to the west by a line
                                                                                      drawnfrom latitude
                                                                                      37[deg]54[min]54.0[sec] N,
                                                                                      longitude075[deg]23[min]00
                                                                                      [sec] W, to latitude
                                                                                      37[deg]54[min]49[sec]
                                                                                      N,longitude
                                                                                      075[deg]22[min]49[sec] W.

[[Page 283]]

 
43.........  August--1st Friday,     Power boatrace........  East Coast Boat Racing  The waters of theChesapeake
              Saturday and Sunday.                            Club of New Jersey.     Bay, along the shoreline
                                                                                      adjacent to Cape
                                                                                      Charles,Virginia, to and
                                                                                      including waters up to 300
                                                                                      yards offshore,
                                                                                      parallelwith the Cape
                                                                                      Charles Beach shoreline in
                                                                                      this area. The area
                                                                                      isbounded on the south by
                                                                                      a line running
                                                                                      northwesterly from the
                                                                                      CapeCharles shoreline at
                                                                                      latitude
                                                                                      37[deg]16[min].2[sec] N,
                                                                                      longitude076[deg]01[min]28
                                                                                      .5[sec] W, to a point
                                                                                      offshore approximately
                                                                                      300yards at latitude
                                                                                      37[deg]16[min]3.4[sec] N,
                                                                                      longitude076[deg]01[min]36
                                                                                      .6[sec] W, and bounded on
                                                                                      the north by a linerunning
                                                                                      northwesterly from the
                                                                                      Cape Charles shoreline at
                                                                                      latitude37[deg]16[min]26.2
                                                                                      [sec] N, longitude
                                                                                      076[deg]01[min]14[sec]
                                                                                      W,to a point offshore
                                                                                      approximately 300 yards at
                                                                                      latitude37[deg]16[min]28.9
                                                                                      [sec] N, longitude
                                                                                      076[deg]01[min]24.1[sec]
                                                                                      W.
44.........  August--2nd Friday,     Hampton CupRegatta....  Virginia Boat Racing    The waters of Mill
              Saturday and Sunday.                            Association.            Creek,adjacent to Fort
                                                                                      Monroe, Hampton, Virginia,
                                                                                      enclosed by the
                                                                                      followingboundaries: to
                                                                                      the north, a line drawn
                                                                                      along
                                                                                      latitude37[deg]01[min]00[s
                                                                                      ec] N, to the east a line
                                                                                      drawn along
                                                                                      longitude076[deg]18[min]30
                                                                                      [sec] W, to the south a
                                                                                      line parallel with
                                                                                      theshoreline adjacent to
                                                                                      Fort Monroe, and the west
                                                                                      boundary is parallelwith
                                                                                      the Route 258--Mercury
                                                                                      Boulevard Bridge.
45.........  September--2nd Friday   Ocean City powerboat    Offshore Performance    The waters of theAtlantic
              and Saturday.           race.                   Assn. Racing, LLC.      Ocean commencing at a
                                                                                      point on the shoreline at
                                                                                      latitude38[deg]25[min]42[s
                                                                                      ec] N, longitude
                                                                                      075[deg]03[min]06[sec]
                                                                                      W;thence east southeast to
                                                                                      latitude
                                                                                      38[deg]25[min]30[sec]
                                                                                      N,longitude
                                                                                      075[deg]02[min]12[sec] W,
                                                                                      thence south southwest
                                                                                      parallelto the Ocean City
                                                                                      shoreline to latitude
                                                                                      38[deg]19[min]12[sec]
                                                                                      N,longitude
                                                                                      075[deg]03[min]48[sec] W;
                                                                                      thence west northwest to
                                                                                      theshoreline at latitude
                                                                                      38[deg]19[min]30[sec] N,
                                                                                      longitude075[deg]05[min]00
                                                                                      [sec] W. The waters of the
                                                                                      Atlantic Ocean boundedby a
                                                                                      line drawn from a position
                                                                                      along the shoreline near
                                                                                      Ocean City,MD, at latitude
                                                                                      38[deg]22[min]25.2[sec] N,
                                                                                      longitude075[deg]03[min]49
                                                                                      .4[sec] W, thence easterly
                                                                                      to
                                                                                      latitude38[deg]22[min]00.4
                                                                                      [sec] N, longitude
                                                                                      075[deg]02[min]34.8[sec]
                                                                                      W,thence southwesterly to
                                                                                      latitude
                                                                                      38[deg]19[min]35.9[sec]
                                                                                      N,longitude
                                                                                      075[deg]03[min]35.4[sec]
                                                                                      W, thence westerly to a
                                                                                      positionnear the shoreline
                                                                                      at latitude
                                                                                      38[deg]20[min]05[sec] N,
                                                                                      longitude075[deg]04[min]48
                                                                                      .4[sec] W, thence
                                                                                      northerly along the
                                                                                      shoreline tothe point of
                                                                                      origin.
46.........  September--2nd Friday,  Hampton BayDays         Hampton Bay Days, Inc.  The waters of Sunset Creek
              Saturday and Sunday.    Festival.                                       andHampton River shore to
                                                                                      shore bounded to the north
                                                                                      by the C & ORailroad
                                                                                      Bridge and to the south by
                                                                                      a line drawn from Hampton
                                                                                      RiverChannel Light 16 (LL
                                                                                      5715), located at
                                                                                      latitude37[deg]01[min]03.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]20[min]26.0[sec]
                                                                                      W,to the finger pier
                                                                                      across the river at
                                                                                      Fisherman's Wharf, located
                                                                                      atlatitude
                                                                                      37[deg]01[min]01.5[sec] N,
                                                                                      longitude076[deg]20[min]32
                                                                                      .0[sec] W.
47.........  October--1st Saturday   Virginia Boat           Clarksville Hydroplane  The waters of the JohnH.
              and Sunday.             RacingAssociation.      Challenge.              Kerr Reservoir, adjacent
                                                                                      to the State Route 15
                                                                                      Highway Bridge
                                                                                      andOcconeechee State Park,
                                                                                      Clarksville, Virginia,
                                                                                      from shoreline
                                                                                      toshoreline, bounded on
                                                                                      the south by a line
                                                                                      running northeasterly from
                                                                                      apoint along the shoreline
                                                                                      at latitude
                                                                                      36[deg]37[min]14[sec]
                                                                                      N,longitude
                                                                                      078[deg]32[min]46.5[sec]
                                                                                      W, thence to
                                                                                      latitude36[deg]37[min]39.2
                                                                                      [sec] N, longitude
                                                                                      078[deg]32[min]08.8[sec]
                                                                                      W,and bounded on the north
                                                                                      by the State Route 15
                                                                                      Highway Bridge.

[[Page 284]]

 
48.........  October--2nd Friday...  U.S. Navy Fleet         U.S. Navy.............  The waters of the Elizabeth
                                      WeekCelebration.                                River and itsbranches from
                                                                                      shore to shore, bounded to
                                                                                      the northwest by a line
                                                                                      drawnacross the Port
                                                                                      Norfolk Reach section of
                                                                                      the Elizabeth River
                                                                                      betweenthe northern corner
                                                                                      of the landing at Hospital
                                                                                      Point,
                                                                                      Portsmouth,Virginia,
                                                                                      latitude
                                                                                      36[deg]50[min]51.0[sec] N,
                                                                                      longitude076[deg]18[min]09
                                                                                      .0[sec] W and the north
                                                                                      corner of the City
                                                                                      ofNorfolk Mooring Pier at
                                                                                      the foot of Brooks Avenue
                                                                                      located at
                                                                                      latitude36[deg]51[min]00.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W;bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner ofthe
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude36[deg]50[min]50.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]18[min]10.0[sec]
                                                                                      W,to the northern end of
                                                                                      the eastern most pier at
                                                                                      the Tidewater YachtAgency
                                                                                      Marina, located at
                                                                                      latitude
                                                                                      36[deg]50[min]29.0[sec]
                                                                                      N,longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W; bounded to the south by
                                                                                      aline drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of
                                                                                      theElizabeth River,
                                                                                      between the Portsmouth
                                                                                      Lightship Museum located
                                                                                      atthe foot of London
                                                                                      Boulevard, in Portsmouth,
                                                                                      Virginia, at
                                                                                      latitude36[deg]50[min]10.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]47.0[sec]
                                                                                      W,and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding &
                                                                                      Drydock,Berkley Plant,
                                                                                      Pier No. 1, located at
                                                                                      latitude36[deg]50[min]08.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]39.0[sec]
                                                                                      W;and to the southeast by
                                                                                      the Berkley Bridge, which
                                                                                      crosses the EasternBranch
                                                                                      of the Elizabeth River
                                                                                      between Berkley at
                                                                                      latitude36[deg]50[min]21.5
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]14.5[sec]
                                                                                      W,and Norfolk at latitude
                                                                                      36[deg]50[min]35.0[sec] N,
                                                                                      longitude076[deg]17[min]10
                                                                                      .0[sec] W.
49.........  October--2nd Saturday   Hydroplaneraces.......  Virginia Boat Racing    The waters of the Western
              and Sunday.                                     Assn.                   Branch,Elizabeth River
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points:latitude
                                                                                      36[deg]50[min]06[sec] N,
                                                                                      longitude076[deg]22[min]27
                                                                                      [sec] W, thence to
                                                                                      latitude36[deg]50[min]06[s
                                                                                      ec] N, longitude
                                                                                      076[deg]21[min]57[sec]
                                                                                      W,thence to latitude
                                                                                      36[deg]50[min]15[sec] N,
                                                                                      longitude076[deg]21[min]55
                                                                                      .8[sec] W, thence to
                                                                                      latitude36[deg]50[min]15[s
                                                                                      ec] N, longitude
                                                                                      076[deg]22[min]27[sec]
                                                                                      W,thence to point of
                                                                                      origin.
50.........  October--2nd Sunday...  Poquoson Seafood        City of Poquoson......  The waters of the Back
                                      Festival                                        River, Poquoson,Virginia,
                                      WorkboatRaces.                                  bounded on the north by a
                                                                                      line drawn along
                                                                                      latitude37[deg]06[min]30[s
                                                                                      ec] N, bounded on the
                                                                                      south by a line drawn
                                                                                      alonglatitude
                                                                                      37[deg]06[min]15[sec] N,
                                                                                      bounded on the east by a
                                                                                      linedrawn along longitude
                                                                                      076[deg]18[min]52[sec] W
                                                                                      and bounded on thewest by
                                                                                      a line drawn along
                                                                                      longitude
                                                                                      076[deg]19[min]30[sec] W.
51.........  October--last Saturday  Hampton RoadsSailboard  Windsurfing             The waters ofWilloughby Bay
              and Sunday.             Classic.                Enthusiasts of          contained within the
                                                              Tidewater.              following coordinates:
                                                                                      latitude36[deg]58[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]18[min]42[sec] W,
                                                                                      tolatitude
                                                                                      36[deg]58[min]00[sec] N,
                                                                                      longitude076[deg]18[min]00
                                                                                      [sec] W, to latitude
                                                                                      36[deg]57[min]49[sec]
                                                                                      N,longitude
                                                                                      076[deg]18[min]14[sec] W,
                                                                                      to
                                                                                      latitude36[deg]57[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]17[min]55[sec] W,
                                                                                      tolatitude
                                                                                      36[deg]57[min]26[sec] N,
                                                                                      longitude076[deg]18[min]06
                                                                                      [sec] W, to latitude
                                                                                      36[deg]58[min]15[sec]
                                                                                      N,longitude
                                                                                      076[deg]19[min]08[sec] W,
                                                                                      to
                                                                                      latitude36[deg]58[min]36[s
                                                                                      ec] N, longitude
                                                                                      076[deg]18[min]42[sec] W.
52.........  November--1st Friday    International           U.S. Coast Guard and    Thewaters of the Southern
              and Saturday.           Searchand Rescue        Canadian Auxiliaries.   Branch of the Elizabeth
                                      Competition.                                    River including theNorth
                                                                                      Ferry Landing, from
                                                                                      shoreline to shoreline,
                                                                                      bounded to the northby a
                                                                                      line drawn along latitude
                                                                                      36[deg]50[min]23[sec] N
                                                                                      and boundedto the south by
                                                                                      a line drawn along
                                                                                      latitude
                                                                                      36[deg]50[min]12[sec]N.

[[Page 285]]

 
53.........  November--4th or last   Holidays in theCity...  Norfolk Festevents,     The waters of the Elizabeth
              Saturday.                                       Ltd.                    River andits branches from
                                                                                      shore to shore, bounded to
                                                                                      the northwest by a
                                                                                      linedrawn across the Port
                                                                                      Norfolk Reach section of
                                                                                      the Elizabeth Riverbetween
                                                                                      the northern corner of the
                                                                                      landing at Hospital
                                                                                      Point,Portsmouth,
                                                                                      Virginia, latitude
                                                                                      36[deg]50[min]51.0[sec] N,
                                                                                      longitude076[deg]18[min]09
                                                                                      .0[sec] W and the north
                                                                                      corner of the City
                                                                                      ofNorfolk Mooring Pier at
                                                                                      the foot of Brooks Avenue
                                                                                      located at
                                                                                      latitude36[deg]51[min]00.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W;bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner ofthe
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude36[deg]50[min]50.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]18[min]10.0[sec]
                                                                                      W,to the northern end of
                                                                                      the easternmost pier at
                                                                                      the Tidewater YachtAgency
                                                                                      Marina, located at
                                                                                      latitude
                                                                                      36[deg]50[min]29.0[sec]
                                                                                      N,longitude
                                                                                      076[deg]17[min]52.0[sec]
                                                                                      W; bounded to the south by
                                                                                      aline drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of
                                                                                      theElizabeth River,
                                                                                      between the Portsmouth
                                                                                      Lightship Museum located
                                                                                      atthe foot of London
                                                                                      Boulevard, in Portsmouth,
                                                                                      Virginia at
                                                                                      latitude36[deg]50[min]10.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]47.0[sec]
                                                                                      W,and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding &
                                                                                      Drydock,Berkley Plant,
                                                                                      Pier No. 1, located at
                                                                                      latitude36[deg]50[min]08.0
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]39.0[sec]
                                                                                      W;and to the southeast by
                                                                                      the Berkley Bridge which
                                                                                      crosses the EasternBranch
                                                                                      of the Elizabeth River
                                                                                      between Berkley at
                                                                                      latitude36[deg]50[min]21.5
                                                                                      [sec] N, longitude
                                                                                      076[deg]17[min]14.5[sec]
                                                                                      W,and Norfolk at latitude
                                                                                      36[deg]50[min]35.0[sec] N,
                                                                                      longitude076[deg]17[min]10
                                                                                      .0[sec] W.
----------------------------------------------------------------------------------------------------------------
                                  Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
54.........  June--2nd Saturday and  Carolina CupRegatta...  Virginia Boat Racing    The waters of the
              Sunday.                                         Assn.                   PasquotankRiver, adjacent
                                                                                      to Elizabeth City, NC,
                                                                                      from shoreline to
                                                                                      shoreline,bounded on the
                                                                                      west by the Elizabeth City
                                                                                      Draw Bridge and bounded
                                                                                      onthe east by a line
                                                                                      originating at a point
                                                                                      along the shoreline
                                                                                      atlatitude
                                                                                      36[deg]17[min]54[sec] N,
                                                                                      longitude076[deg]12[min]00
                                                                                      [sec] W, thence
                                                                                      southwesterly to
                                                                                      latitude36[deg]17[min]35[s
                                                                                      ec] N, longitude
                                                                                      076[deg]12[min]18[sec] W
                                                                                      atCottage Point.
55.........  August--1st Friday,     SBIP--Fountain          Super Boat              The waters ofthe Pamlico
              Saturday andSunday.     Powerboats Kilo Run     International           River including
                                      and Super Boat          Productions (SBIP),     Chocowinity Bay, from
                                      GrandPrix.              Inc.                    shoreline toshoreline,
                                                                                      bounded on the south by a
                                                                                      line running northeasterly
                                                                                      fromCamp Hardee at
                                                                                      latitude
                                                                                      35[deg]28[min]23[sec] N,
                                                                                      longitude076[deg]59[min]23
                                                                                      [sec] W, to Broad Creek
                                                                                      Point at
                                                                                      latitude35[deg]29[min]04[s
                                                                                      ec] N, longitude
                                                                                      076[deg]58[min]44[sec] W,
                                                                                      andbounded on the north by
                                                                                      the Norfolk Southern
                                                                                      Railroad Bridge.
56.........  September--4th or last  Crystal Coast Super     Super Boat              The waters ofBogue Sound,
              Sunday.                 BoatGrand Prix.         International           adjacent to Morehead City,
                                                              Productions, Inc.       NC, from the southern tip
                                                                                      ofSugar Loaf Island
                                                                                      approximate position
                                                                                      latitude34[deg]42[min]55[s
                                                                                      ec] N, longitude
                                                                                      076[deg]42[min]48[sec]
                                                                                      W,thence westerly to
                                                                                      Morehead City Channel Day
                                                                                      beacon 7 (LLNR
                                                                                      38620),thence southwest
                                                                                      along the channel line to
                                                                                      Bogue Sound Light 4
                                                                                      (LLRN38770), thence
                                                                                      southerly to Causeway
                                                                                      Channel Day beacon 2
                                                                                      (LLNR38720), thence
                                                                                      southeasterly to Money
                                                                                      Island Day beacon 1
                                                                                      (LLNR38645), thence
                                                                                      easterly to Eight and One
                                                                                      Half Marina Day beacon
                                                                                      2(LLNR 38685), thence
                                                                                      easterly to the
                                                                                      westernmost shoreline of
                                                                                      BrantIsland approximate
                                                                                      position latitude
                                                                                      34[deg]42[min]36[sec]
                                                                                      N,longitude
                                                                                      076[deg]42[min]11[sec] W,
                                                                                      thence northeasterly along
                                                                                      theshoreline to Tombstone
                                                                                      Point approximate position
                                                                                      latitude34[deg]42[min]14[s
                                                                                      ec] N, longitude
                                                                                      076[deg]41[min]20[sec]
                                                                                      W,thence southeasterly to
                                                                                      the east end of the pier
                                                                                      at Coast Guard SectorNorth
                                                                                      Carolina approximate
                                                                                      position latitude
                                                                                      34[deg]42[min]00[sec]N,
                                                                                      longitude
                                                                                      076[deg]40[min]52[sec] W,
                                                                                      thence easterly to
                                                                                      MoreheadCity Channel Buoy
                                                                                      20 (LLNR 29427), thence
                                                                                      northerly to Beaufort
                                                                                      HarborChannel LT 1BH (LLNR
                                                                                      34810), thence
                                                                                      northwesterly to the
                                                                                      southern tipof Radio
                                                                                      Island approximate
                                                                                      position latitude
                                                                                      34[deg]42[min]22[sec]N,
                                                                                      longitude
                                                                                      076[deg]40[min]52[sec] W,
                                                                                      thence northerly along
                                                                                      theshoreline to
                                                                                      approximate position
                                                                                      latitude
                                                                                      34[deg]43[min]00[sec]
                                                                                      N,longitude
                                                                                      076[deg]41[min]25[sec] W,
                                                                                      thence westerly to the
                                                                                      NorthCarolina State Port
                                                                                      Facility, thence westerly
                                                                                      along the State Port tothe
                                                                                      southwest corner
                                                                                      approximate position
                                                                                      latitude34[deg]42[min]55[s
                                                                                      ec] N, longitude
                                                                                      076[deg]42[min]12[sec]
                                                                                      W,thence westerly to the
                                                                                      southern tip of Sugar Loaf
                                                                                      Island the point oforigin.

[[Page 286]]

 
57.........  September--last         Wilmington              Wilmington, NC, YMCA..  The waters of, and adjacent
              Saturday.               YMCATriathlon.                                  to,Wrightsville Channel,
                                                                                      from Wrightsville Channel
                                                                                      Day beacon 14 (LLNR28040),
                                                                                      located at
                                                                                      34[deg]12[min]18[sec] N,
                                                                                      longitude077[deg]48[min]10
                                                                                      [sec] W, to Wrightsville
                                                                                      Channel Day beacon 25(LLNR
                                                                                      28080), located at
                                                                                      34[deg]12[min]51[sec] N,
                                                                                      longitude77[deg]48[min]53[
                                                                                      sec] W.
----------------------------------------------------------------------------------------------------------------


[USCG-2007-0147, 73 FR 26009, May 8, 2008]



Sec. 100.701  Special Local Regulations; Marine Events in the Seventh CoastGuard District

    The following regulations apply to the marine events listed inTable 
1 of this section. These regulations will be effective annually,for the 
duration of each event listed in Table 1. Annual notice of theexact 
dates and times of the effective period of the regulation withrespect to 
each event, the geographical area, and details concerningthe nature of 
the event and the number of participants and type(s) ofvessels involved 
will also be published in the local notice tomariners and broadcast over 
VHF.
    (a) Definitions. The following definitions apply to thissection:
    Patrol Commander. A Patrol Commander is acommissioned, warrant, or 
petty officer of the Coast Guard who hasbeen designated by the 
respective Coast Guard Sector Commander toenforce these regulations.
    Spectators. All persons and vessels not registered with theevent 
sponsor as participants or official patrol vessels.
    (b) Event Patrol. The Coast Guard may assign an eventpatrol, as 
described in Sec. 100.40 of this part, to eachregulated event listed in 
the table. Additionally, a Patrol Commandermay be assigned to oversee 
the patrol. The event patrol and PatrolCommander may be contacted on VHF 
Channel 16.
    (c) Special Local Regulations. (1) The Coast Guard PatrolCommander 
may forbid and control the movement of all vessels in theregulated 
area(s). When hailed or signaled by an official patrolvessel, a vessel 
in these areas shall immediately comply with thedirections given. 
Failure to do so may result in expulsion from thearea, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, orthe 
operation of any vessel participating in the event, at any time itis 
deemed necessary for the protection of life or property.
    (3) Only event sponsor designated participants and official 
patrolvessels are allowed to enter the regulated area.
    (4) Spectators are only allowed inside the regulated area if 
theyremain within a designated spectator area. Spectators may contact 
theCoast Guard Patrol Commander to request permission to pass through 
theregulated area. If permission is granted, spectators must 
passdirectly through the regulated area at safe speed and 
withoutloitering.
    (d) Contact Information. Questions about marine eventsshould be 
addressed to the local Coast Guard Captain of the Port forthe area in 
which the event is occurring. Contact information islisted below. For a 
description of the geographical area of eachCaptain of the Port zone, 
please see subpart 3.35 of this chapter.
    (1) Captain of the Port Charleston, South Carolina: (843)724-7616.
    (2) Captain of the Port Savannah, Georgia: (912) 652-4353.
    (3) Captain of the Port Jacksonville, Florida: (904)247-7318.
    (4) Captain of the Port Miami, Florida: (305) 535-8701.
    (5) Captain of the Port Key West, Florida: (305) 292-8779.
    (6) Captain of the Port Sector St. Petersburg, Florida: (727)824-
7506.
    (7) Captain of the Port San Juan, Puerto Rico: (787)289-2041.
    (e) Application for Marine Events. The applicationrequirements of 
Sec. 100.15 of this part apply to all eventslisted in Table 1. For 
information on applying for a marine event,contact the Captain of the 
Port for the area in which the

[[Page 287]]

eventwill occur, at the phone numbers listed above.

                                             Table 1 to Sec. 100.701
----------------------------------------------------------------------------------------------------------------
               Date                        Event               Sponsor                     Location
----------------------------------------------------------------------------------------------------------------
                                                 COTP Zone Miami
----------------------------------------------------------------------------------------------------------------
January--1st weekend.............  Levin Memorial        BiscayneBay Star     Biscayne Bay, 2.3 nautical miles
                                    Regatta.              Fleet.               offshore from theCoral Bay,
                                                                               Florida; All waters from the
                                                                               surface to the bottom for aradius
                                                                               of 1.7NM centered around position
                                                                               25[deg]39[min]6[sec]
                                                                               N,080[deg]13[min]30[sec] W no
                                                                               closer than 500 feet from each
                                                                               vessel.
                                   Fort Lauderdale       Lauderdale           Atlantic Ocean .5 nautical mile
                                    Boomerang Regatta.    YachtClub.           offshore from .5 nautical
                                                                               milesouth of the Port Everglades
                                                                               Channel to 4 nautical miles south
                                                                               of thePort Everglades offshore of
                                                                               West Lake, Port Everglades,
                                                                               Florida nocloser than 500 feet
                                                                               from each vessel.
January--3rd weekend.............  Rolex Miami Olympic   U.S.Sailing & U.S.   Southern Biscayne Bayinside of an
                                    Sailing Race.         Olympic Sailing      area from the Rickenbacker
                                                          Center.              Causeway southwest to
                                                                               SnapperCreek Canal south to
                                                                               Latitude 25[deg]32[min]00[sec] N
                                                                               east toSoldier Key and northeast
                                                                               to a position approximately 1
                                                                               nautical mileeast of Cape
                                                                               Florida, northwest to
                                                                               Rickenbacker Causeway,
                                                                               Miami,Florida no closer than 500
                                                                               feet from each vessel.
February--1st weekend............  Commodore Rasco       Coconut Grove        Biscayne Bay, 1 mile offshorefrom
                                    Snipe ClassRegatta.   Sailing Club.        the Coconut Grove Sailing Club,
                                                                               Coconut Grove, Florida; Allwaters
                                                                               from the surface to the bottom
                                                                               for a radius of 1NM
                                                                               centeredaround position
                                                                               25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec]W no closer
                                                                               than 500 feet from each vessel.
March--1st week, Monday-Friday...  Bacardi Cup.........  BiscayneBay Star     All waters within 1.5 nautical
                                                          Fleet.               miles of the followingcenter
                                                                               point: 25[deg]38[min]16[sec] N
                                                                               Latitude;080[deg]13[min]14[sec] W
                                                                               Longitude, in southern Biscayne
                                                                               Bay,Miami, Florida.
March--2nd weekend, Saturday and   LighteningsMidwinter  Coral Reef Yacht     Biscayne Bay, 2.3 nautical
 Sunday.                            's.                   Club.                milesoffshore from the Coral Bay,
                                                                               Florida; All waters from the
                                                                               surface tothe bottom for a radius
                                                                               of 1.7NM centered around
                                                                               position25[deg]39[min]6[sec] N,
                                                                               080[deg]13[min]5[sec] W no closer
                                                                               than500 feet from each vessel.
March--2nd weekend...............  Don Q Rum Snipe       CoconutGrove         Biscayne Bay, 1 mile offshore from
                                    Class Regatta.        Sailing Club.        the CoconutGrove Sailing Club,
                                                                               Coconut Grove, Florida; All
                                                                               waters from thesurface to the
                                                                               bottom for a radius of 1NM
                                                                               centered around
                                                                               position25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec] W no
                                                                               closer than500 feet from each
                                                                               vessel.
March--2nd weekend, Saturday and   Coral Cup...........  CoconutGrove         Biscayne Bay, 1 mile offshore from
 Sunday.                                                  Sailing Club.        the CoconutGrove Sailing Club,
                                                                               Coconut Grove, Florida; All
                                                                               waters from thesurface to the
                                                                               bottom for a radius of 1NM
                                                                               centered around
                                                                               position25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec] W.
March--last weekend..............  Shake-A-Leg Mid       Shake-A-Leg          All waters of Biscayne Bay, from
                                    Winter Regatta.       Foundation.          the RickenbackerCauseway south to
                                                                               Latitude 25[deg]32[min]00[sec] N,
                                                                               Miami, Floridano closer than 500
                                                                               ft from each vessel.
April--2nd or 3rd weekend........  Miami to Key Largo    MiamiYacht Club      Biscayne Bay and
                                    Race.                 Youth Sailing        IntracoastalWaterway from the
                                                          Foundation.          Rickenbacker Causeway in Miami,
                                                                               Florida to KeyBiscayne to Cape
                                                                               Florida to Soldier Key to Sands
                                                                               Key to Elliot Key toTwo Stacks to
                                                                               Card Sound to Barnes Sound to
                                                                               Blackwater Sound in KeyLargo,
                                                                               Florida no closer than 500 feet
                                                                               from each vessel.
April--2nd weekend...............  Florida State         Coconut Grove        Biscayne Bay, 1 mile offshorefrom
                                    Optimists             Sailing Club.        the Coconut Grove Sailing Club,
                                    ChampionshipRegatta.                       Coconut Grove, Florida; Allwaters
                                                                               from the surface to the bottom
                                                                               for a radius of 1NM
                                                                               centeredaround position
                                                                               25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec]W.
April--2nd weekend, Saturday and   Fort LauderdaleAir/   Super Boat           Atlantic Ocean offshore Fort
 Sunday.                            Sea Show Super Boat   InternationalProdu   Lauderdale, Floridawithin an area
                                    Grand Prix.           ctions, Inc.         500 yards wide 300 yards offshore
                                                                               from 1,500 yardsnorth of the Port
                                                                               Everglades Channel north for 4
                                                                               nautical miles (600yards north of
                                                                               the Oakland Park Beach Blvd).
April--3rd weekend...............  Miami Super Boat      Super                Offshore Miami Beach,
                                    Grand Prix.           BoatInternational    Florida,including the area within
                                                          Productions, Inc.    a line joining the following
                                                                               points:25[deg]46[min]18[sec] N,
                                                                               080[deg]07[min]51[sec] W; thence
                                                                               to,25[deg]46[min]18[sec] N,
                                                                               080[deg]06[min]49[sec] W; thence
                                                                               to,25[deg]51[min]18[sec] N,
                                                                               080[deg]06[min]12[sec] W; thence
                                                                               to,25[deg]51[min]18[sec] N,
                                                                               080[deg]07[min]11[sec] W; thence
                                                                               alongthe shoreline to the
                                                                               starting point.
April--last Saturday.............  Sunfest Fireworks...  Pyro Shows,Inc.....  Intracoastal Waterway in West Palm
                                                                               Beach between Banyon St
                                                                               andLakeview; All waters from the
                                                                               surface to the bottom for a
                                                                               radius of1000ft centered around
                                                                               position Ave in
                                                                               position26[deg]42[min]34[sec] N,
                                                                               080[deg]02[min]47[sec] W.
                                   Vero Beach Yacht      Blessing ofthe       North Fork and St Lucie River,
                                    Club Blessing of      Fleet.               Florida no closer than 500feet
                                    the Fleet.                                 from each vessel.

[[Page 288]]

 
April, May, and June--1st weekend  Hollywood Super       Super Boat           Atlantic Oceanoffshore Hallandale
                                    BoatGrand Prix.       International        Beach, Florida in an area 400
                                                          Productions, Inc.    yards wideapproximately 200 yards
                                                                               offshore from the Hallandale
                                                                               Beach tank toapproximately 1
                                                                               nautical mile south of the Dania
                                                                               Town Canal.
May--1st weekend.................  C-Gull Cup..........  Coconut Grove        Biscayne Bay, 1 mile offshore from
                                                          SailingClub.         the Coconut Grove SailingClub,
                                                                               Coconut Grove, Florida; All
                                                                               waters from the surface to
                                                                               thebottom for a radius of 1NM
                                                                               centered around
                                                                               position25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec] W.
                                   Fort Lauderdale Air   Fort                 Atlantic Ocean offshore Fort
                                    & Sea Show.           LauderdaleParks      Lauderdale, Floridawithin an area
                                                          and Recreation.      500 yards wide 300 yards offshore
                                                                               from 1,500 yardsnorth of the Port
                                                                               Everglades Channel north for 4
                                                                               nautical miles (600yards north of
                                                                               the Oakland Park Beach Blvd).
May--3rd weekend.................  Pompano Beach Power   Pompano Beach Power  14th St Bridge to Sunrise
                                    Squadron Safe         Squadron.            Bay,Florida.
                                    BoatParade.
May--last weekend................  Goombay Regatta.....  Coconut Grove        Biscayne Bay, 1 mile offshore from
                                                          SailingClub.         the Coconut Grove SailingClub,
                                                                               Coconut Grove, Florida; All
                                                                               waters from the surface to
                                                                               thebottom for a radius of 1NM
                                                                               centered around
                                                                               position25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]8[sec] W no closer
                                                                               than500 feet from each vessel.
July 4th.........................  American Legion       Add-Fire             Biscayne Bay, approx 400 ft
                                    Fourth of July.       Fireworks,Inc..      offshore of Legion Picnic
                                                                               Island,Miami, Florida in approx
                                                                               position 25[deg]50[min]02[sec]
                                                                               N,080[deg]10[min]24[sec] W.
                                   Fort Lauderdale       Colonial Fireworks.  \1/2\NM offshore at Las Olas
                                    Fourth of July.                            Blvd., Fort Lauderdale, Florida.
                                   Fort Lauderdale       ColonialFireworks..  Intracoastal Waterway in front of
                                    Yacht Club Fourth                          the Fort Lauderdale YachtClub,
                                    of July.                                   Fort Lauderdale, Florida.
                                   City of Stuart        Creative             Intracoastal Waterway in front of
                                    Fourth of July.       FireworksCo..        Stuart City Hall, Stuart,Florida.
                                   Bayfront Park Fourth  Firepower Displays.  Allwaters within a 1680 foot
                                    of July.                                   radius around approximate
                                                                               position25[deg]46[min]30[sec] N,
                                                                               080[deg]10[min]54[sec] W, in
                                                                               BiscayneBay, FL.
                                   Coral Reef Yacht      FirepowerDisplays..  700 ft offshore from Vizcaya in
                                    Club Fourth of July.                       Biscayne Bay, Miami,Florida.
                                   Fisher's Island       FirepowerDisplays..  Offshore 840 ft from Fisher
                                    Fourth of July.                            Island, Florida.
                                   Miami Beach Fourth    Firepower Displays.  840 ftoffshore from Atlantic
                                    of July.                                   Heights, Miami Beach, Florida.
                                   Village of Key        FirepowerDisplays..  1500 ft offshore from Key Biscayne
                                    Biscayne Fourth of                         in Biscayne Bay, Miami,Florida.
                                    July.
                                   Viscayans Fourth of   Firepower Displays.  700 ftoffshore from Viscaya in
                                    July.                                      Biscayne Bay, Miami, Florida.
                                   Delray Beach Fourth   Fireworks by         Atlantic Ocean, 1,000 ft offshore
                                    of July.              Grucci,Inc.          from Delray Beach, Florida;
                                                                               Allwaters from the surface to the
                                                                               bottom for a radius of 840
                                                                               feetcentered around position
                                                                               26[deg]27[min]41[sec]
                                                                               N,080[deg]03[min]11[sec] W.
                                   Boynton Beach Fourth  Melrose              All waters from the surface to the
                                    of July.              SouthPyrotechnics.   bottom, for 840 ftout in all
                                                                               directions from approximate
                                                                               position26[deg]32[min]52[sec] N,
                                                                               080[deg]02[min]54[sec] W.
                                   City of Hollywood     Melrose              Atlantic Ocean, 1,000 ft offshore
                                    Fourth of July.       SouthPyrotechnics.   from Hollywood,Florida; All
                                                                               waters from the surface to the
                                                                               bottom for a radius of 840feet
                                                                               centered around position
                                                                               26[deg]01[min]19[sec]
                                                                               N,080[deg]06[min]39[sec] W
                                   Riviera Beach Fourth  Sparktacular         Allwaters within a 1400 foot
                                    of July.              Fireworks.           diameter around approximate
                                                                               position26[deg]42[min]26[sec] N,
                                                                               080[deg]02[min]28[sec] W.
                                   Town of Lantana       Zambelli Fireworks.  Allwaters within an 840 foot
                                    Fourth of July.                            diameter in approximate
                                                                               position26[deg]35[min]13[sec] N,
                                                                               080[deg]02[min]50[sec] W.
                                   West Palm Beach       Zambelli Fireworks.  Allwaters within a 1400 foot
                                    Fourth of July.                            diameter of approximate
                                                                               position26[deg]42[min]26[sec] N,
                                                                               080[deg]02[min]28[sec] W.
July--1st weekend................  Commodore's Cup       Coconut              Biscayne Bay, 1 mile offshore from
                                    Regatta.              GroveSailing Club.   the Coconut GroveSailing Club,
                                                                               Coconut Grove, Florida; All
                                                                               waters from the surface tothe
                                                                               bottom for a radius of 1NM
                                                                               centered around
                                                                               position25[deg]41[min]42[sec] N,
                                                                               080[deg]13[min]00[sec] W no
                                                                               closer than500 feet from each
                                                                               vessel.
July--2nd weekend................  Dania Beach /         Super Boat           Waters offshore ofHollywood Beach
                                    Hollywood Super       International        within an area located 300 yards
                                    BoatRace.             Productions, Inc.    offshore from NorthLake north to
                                                                               Dania Cutoff Canal going offshore
                                                                               aproximately 650yards.

[[Page 289]]

 
August--3rd weekend..............  Conch Cup Regatta...  Miami YachtClub....  Biscayne Bay from the Rickenbacker
                                                                               Causeway south in theIntracoastal
                                                                               Waterway to the Cape Florida
                                                                               Channel, east around KeyBiscayne
                                                                               and north to the Miami Channel
                                                                               entrance, Miami, Florida nocloser
                                                                               than 500 feet from each vessel.
October--1st weekend.............  Columbus Day Regatta  Columbus             Southern Biscayne Bay inside of an
                                                          DayRegatta, Inc.     area from 1 nauticalmile south of
                                                                               the Rickenbacker Causeway and 1
                                                                               nautical mile east ofDeering
                                                                               Channel southwest to Snapper
                                                                               Creek Canal south to a point
                                                                               halfbetween Soldier Key and Lewis
                                                                               Cut west to the chain of islands
                                                                               southof Soldier Key and north to
                                                                               1 nautical mile south of
                                                                               RickenbackerCauseway, Miami,
                                                                               Florida.
                                   Deerfield Beach       SuperBoat            Atlantic Ocean within an area
                                    Super Boat National   International        500yards wide approximately 500
                                    Championship.         Productions, Inc.    yards offshore Deerfield Beach,
                                                                               FL from 2miles north of Hillsboro
                                                                               Inlet to .5 mile south of Boca
                                                                               Raton Inlet.
October--2nd weekend.............  Miami Kayak           Cystic               All waters of Biscayne Bay from
                                    Challenge.            FibrosisFoundation.  Lummus Island Cut to
                                                                               theRickenbacker Causeway, Miami,
                                                                               Florida.
November--2nd weekend, Saturday    Keely                 Biscayne Bay Yacht   Biscayne Bay within an areafrom
 and Sunday.                        PerpetualTrophy       Club.                the Dinner Key Channel to
                                    Regatta.                                   Biscayne National Park
                                                                               Marker``B'' to Cutter Channel
                                                                               Mark ``2'' to BiscayneNational
                                                                               Park Marker ``C'' to West
                                                                               Featherbead BankChannel Marker
                                                                               ``3'' to West Featherbed Bank
                                                                               ChannelMarker ``5'' to Elliot Key
                                                                               Biscayne National ParkAnchorage,
                                                                               Miami, Florida no closer than 500
                                                                               feet from each vessel.
November--2nd or 3rd weekend.....  Matheson Perpetual    Biscayne Bay Yacht   Biscayne Bay within an area from
                                    TrophyRegatta.        Club.                theDinner Key Channel to Biscayne
                                                                               National Park Marker ``B''to
                                                                               Cutter Channel Mark ``2'' to
                                                                               Biscayne National ParkMarker
                                                                               ``C'' to West Featherbead Bank
                                                                               Channel Marker``3'' to West
                                                                               Featherbed Bank Channel
                                                                               Marker``5`` to Elliot Key
                                                                               Biscayne National Park
                                                                               Anchorage,Miami, Florida no
                                                                               closer than 500 feet from each
                                                                               vessel.
November--2nd weekend............  PHRF SE Florida       CoconutGrove         Biscayne Bay, 2.3 nautical miles
                                    Championship.         Sailing Club.        offshore from theCoral Bay,
                                                                               Florida; All waters from the
                                                                               surface to the bottom for aradius
                                                                               of 1.7NM centered around position
                                                                               25[deg]39[min]6[sec]
                                                                               N,080[deg]13[min]30[sec] W no
                                                                               closer than 500 feet from each
                                                                               vessel.
                                   Viscayan's Ball.....  Firepower Displays.  1200 ft offshorefrom Virginia Key,
                                                                               South of Seaquarium, Miami,
                                                                               Florida.
December 31st....................  Bayside New Years...  Add-Fire Fireworks,  Allwaters within a 1680 foot
                                                          Inc.                 radius around a barge in
                                                                               position25[deg]46[min]30[sec] N,
                                                                               080[deg]10[min]54[sec] W.
                                   Fisher Island New     Add-Fire Fireworks,  1000 ftoffshore east of Fisher
                                    Years.                Inc.                 Island, Florida.
                                   Hillsboro New Years   Add-Fire             100 yds North of Hillsboro Inlet,
                                    Fireworks.            Fireworks,Inc.       Florida.
                                   Indian Riverside      Add-Fire             1200 ft east of Indian Riverside
                                    Park New Years.       Fireworks,Inc.       Park, Jensen Beach, Florida.
                                   Greater Miami New     Firepower Displays.  1200 ftoffshore from Bayfront
                                    Years.                                     Park, Miami Harbor, Miami,
                                                                               Florida.
                                   Viscayan's New Years  Firepower Displays.  840 ft offshorefrom Viscaya,
                                                                               Miami, Florida.
December--3rd weekend............  Pompano Beach Boat    PompanoBeach Boat    Intracoastal Waterway in Pompano
                                    Parade.               Parade Committee.    Beach,Florida, from Lake Santa
                                                                               Barbara to Hillsboro Blvd Bridge.
December--1st weekend............  Commodore's Cup.....  Biscayne Bay         Biscayne Bay, 2.3 nautical miles
                                                          StarFleet.           offshore from the Coral
                                                                               Bay,Florida; All waters from the
                                                                               surface to the bottom for a
                                                                               radius of1.7NM centered around
                                                                               position 25[deg]39[min]6[sec]
                                                                               N,080[deg]13[min]30[sec] W no
                                                                               closer than 500 feet from each
                                                                               vessel.
                                   Kiwanis of Little     FirepowerDisplays..  1200 ft offshore from Virginia
                                    Havana Christmas.                          Key, South of Seaquarium,Miami,
                                                                               Florida.
                                   Holiday Boat Parade   MarineIndustrial     Port of Palm BeachTurning Basin
                                    of the Palm Beaches.  Association of       and the Intracoastal Waterway
                                                          Palm Beach County.   extending south from LakeWorth
                                                                               South LT 1 (LLNR 42170) to Lake
                                                                               Worth South Daybeacon 23
                                                                               (LLNR42300).
                                   Martin County         Marine               All waters of the North and South
                                    Christmas Boat        IndustriesAssociat   Fork's of the St LucieRiver in
                                    Parade.               ion.                 Stuart, Florida, starting on the
                                                                               north side of the State Road60
                                                                               Bridge going south to Hutchinson
                                                                               Island and circling back north
                                                                               tothe State Road 60 Bridge and
                                                                               ending past the City of Stuart
                                                                               MunicipalMarina.
December--2nd or 3rd weekend.....  Seminole Hard Rock    Winterfest, Inc....  All waters of the Intracoastal
                                    WinterfestBoat                             Waterwayfrom the Port Everglades
                                    Parade.                                    turning basin to the Pompano
                                                                               Beach Daybeacon74 (LLNR 47230).

[[Page 290]]

 
December--2nd weekend............  Piana Cup Regatta...  Biscayne BayYacht    Biscayne Bay, 2.3 nautical miles
                                                          Club.                offshore from theMatheson Hammock
                                                                               County Park, Florida; All waters
                                                                               from the surface tothe bottom for
                                                                               a radius of 1.5NM centered around
                                                                               position25[deg]39[min]54[sec] N,
                                                                               080[deg]13[min]12[sec] W no
                                                                               closer than500 feet from each
                                                                               vessel.
                                   Boynton / Delray      KiwanisClub Delray   Intracoastal Waterway from marker
                                    Beach Christmas       Beach.               46 inBoynton Beach,
                                    Boat Parade.                               Florida to C-15 Canal in Delray
                                                                               Beach, Florida
                                   St Lucie Christmas    Marine               All waters of the Intracoastal
                                    Boat Parade.          IndustrialAssociat   Waterway and Taylor Creekin Fort
                                                          ion.                 Pierce, Florida, starting in the
                                                                               Fort Pierce turning basin
                                                                               andinlet area going to Taylor
                                                                               Creek and the Intracoastal
                                                                               Waterway betweenthe North
                                                                               Causeway Bridge and the South
                                                                               Causeway Bridge.
                                   Miami Outboard Club   Miami OutboardClub.  Biscayne Bay from the Miami
                                    Christmas Boat                             Outboard Club on Watson
                                    Parade.                                    Islandstarting from in between
                                                                               the MacArthur Causeway and Palm
                                                                               Islandheading west around Palm
                                                                               Island and Hibiscus Island,
                                                                               heading eastbetween Di Lido
                                                                               Island, heading east around the
                                                                               monument, souththrough Meloy
                                                                               Channel, west in Government Cut
                                                                               to Bicentennial Park,south to the
                                                                               Dodge Island Bridge, south in the
                                                                               Intracoastal Waterwayto Claughton
                                                                               Island, circling back to the
                                                                               north in the IntracoastalWaterway
                                                                               to Watson Island, around the
                                                                               Island on the north side toMiami
                                                                               Outboard Club no closer than 500
                                                                               feet from each vessel.
                                   Boca Raton Holiday    City of BocaRaton..  Moving zone in New River and
                                    Boat Parade.                               Intracoastal Waterway,
                                                                               FortLauderdale, Florida; from the
                                                                               C15 Canal in Fort Lauderdale
                                                                               toHillsboro Inlet with 500 feet
                                                                               ahead of the lead parade vessel
                                                                               and 500feet astern of the last
                                                                               participating parade vessel or
                                                                               within 50 feeton either side of
                                                                               the parade.
December--4th weekend............  Orange Bowl Youth     Coral Reef Yacht     Southern Biscayne Bay inside of
                                    SailingRegatta.       Club.                anarea from the Rickenbacker
                                                                               Causeway southwest to Snapper
                                                                               Creek Canalsouth to Latitude
                                                                               25[deg]32[min] N east to Soldier
                                                                               Key and northwestto Rickenbacker
                                                                               Causeway, Miami, Florida no
                                                                               closer than 500 ft fromeach
                                                                               vessel.
December--last weekend...........  Coconut Grove         Coconut Grove        Southern Biscayne Bay insideof an
                                    Sailing Club          Sailing Club.        area from the Rickenbacker
                                    OrangeBowl Regatta.                        Causeway southwest to Snapper
                                                                               CreekCanal south to Latitude
                                                                               25[deg]32[min] N east to Soldier
                                                                               Key andnorthwest to Rickenbacker
                                                                               Causeway, Miami, Florida no
                                                                               closer than 500ft from each
                                                                               vessel.
Monthly--last weekend, Saturday    Biscayne BayRacing    Biscayne Bay Yacht   Southern Biscayne Bay inside of an
 and Sunday.                        Association Full      RacingAssociation.   area from theRickenbacker
                                    Moon Regatta.                              Causeway southwest to Snapper
                                                                               Creek Canal south toLatitude
                                                                               25[deg]32[min]00[sec] N east to
                                                                               Soldier Key and northwestto
                                                                               Rickenbacker Causeway, Miami,
                                                                               Florida no closer than 500 ft
                                                                               fromeach vessel.
----------------------------------------------------------------------------------------------------------------
                                               COTP Zone Key West
----------------------------------------------------------------------------------------------------------------
January 1st......................  Blessing of the       Islamorada Charter   From Whale Harbor Channel to Whale
                                    Fleet.                BoatAssn.            Harbor Bridge,
                                                                               Islamorada,Florida.
January through April--last        Wreckers CupRaces...  Schooner Wharf Bar.  Key West Harbor to Sand Key,
 Monday or Tuesday.                                                            Florida (Gulfof Mexico side)
January--3rd week, Monday-Friday.  Yachting Key          Premiere Racing,     Inside the reef on either side
                                    WestRace Week.        Inc.                 ofmain ship channel, Key West
                                                                               Harbor Entrance, Key West,
                                                                               Florida.
February--1st Saturday...........  The Bogey...........  Florida              Blackwater Sound (entire sound),
                                                          BayOutfitters.       Key Largo, Florida.
Februarary--1st Sunday...........  The Bacall..........  Florida              Blackwater Sound (entire sound),
                                                          BayOutfitters.       Key Largo, Florida.
April--3rd weekend, Saturday-      Miami to KeyLargo     MYC Youth Sailing    Biscayne Bayand Intracoastal
 Sunday.                            Sailboat Race.        Foundation, Inc.     Waterway from the Rickenbacker
                                                                               Causeway in Miami,Florida to Key
                                                                               Biscayne to Cape Florida to
                                                                               Soldier Key to Sands Key toElliot
                                                                               Key to Two Stacks to Card Sound
                                                                               to Barnes Sound to
                                                                               BlackwaterSound in Key Largo,
                                                                               Florida no closer than 500 feet
                                                                               from each vessel.
April--last Friday...............  Conch Republic Navy   Sponsor: Conch       All waters approximately 150
                                    Parade andBattle.     Republic.            yardsoffshore from Ocean Key
                                                                               Sunset Pier, Mallory Square and
                                                                               the HiltonPier within the Key
                                                                               West Harbor.
May--3rd weekend.................  Marathon Super Boat   Super                All waters of Knight Key
                                    Grand Prix.           BoatInternational    Channel,encompassing both the
                                                          Productions, Inc.    Gulf of Mexico side and the
                                                                               Atlantic Ocean sideof the Seven
                                                                               Mile Bridge.

[[Page 291]]

 
June--2nd weekend................  FKCC Swim around Key  FloridaKeys          Begin at Smather's Beach and swim
                                    West.                 Community College.   the looparound the island back to
                                                                               the start approximately 50 yards
                                                                               offshore,Key West, Florida.
July--3rd Weekend, Saturday and    The Easom Cup.......  SouthEastern Ocean   Caesar's Creek, Everglades
 Sunday.                                                  Racing Series        City,Florida.
                                                          (SEORS).
November--2nd week, Wednesday-     Key West              Super Boat           In theAtlantic Ocean, off the tip
 Sunday.                            WorldChampionship.    International        of Key West, on the waters of the
                                                          Productions, Inc.    Key WestMain Ship Channel, Key
                                                                               West Turning Basin, and Key West
                                                                               HarborEntrance.
November--first weekend, Friday-   U.S. WakeBoard        Middle Keys Events   Sombrero Beach,Marathon, Florida;
 Sunday.                            Championships.        Council.             between Sister Creek and Sister
                                                                               Rock toapproximately 500 yards
                                                                               offshore from Sombrero Beach.
December--1st Thursday...........  Boot Key Harbor       Dockside Marina....  Boot Key Harbor (entire harbor),
                                    Christmas                                  Marathon,Florida.
                                    BoatParade.
December--2nd Sunday.............  Key Colony Beach      Key Colony Beach     Key Colony Beach,
                                    Holiday BoatParade.   Community Assn.      Marathon,Florida, between Vaca
                                                                               Cut Bridge and Long Key Bridge.
December--3rd Saturday...........  Key Largo Boat        Key LargoBoat        From Channel Marker 41 on
                                    Parade.               Parade.              Dusenbury Creek in
                                                                               BlackwaterSound to tip of
                                                                               Stillwright Point in Blackwater
                                                                               Sound, Key Largo,Florida.
December--3rd Saturday...........  Key West Lighted      Schooner Wharf Bar.  All waters between Christmas Tree
                                    BoatParade.                                Islandand Coast Guard Station
                                                                               thru Key West Harbor to Mallory
                                                                               Square,approximately 35 yards
                                                                               from shore.
----------------------------------------------------------------------------------------------------------------
                                               COTP Zone San Juan
----------------------------------------------------------------------------------------------------------------
May--first Sunday................  Half Ironman          Sponsor:Project St.  St. Croix (Christiansted Harbor),
                                    Triathlon.            Croix, Inc.          U.S.V.I.: Inthe following
                                                                               position: PT1 on the shoreline at
                                                                               Kings Wharf at
                                                                               posn17[deg]44[min]51[sec] N
                                                                               064[deg]42[min]16[sec] W, thence
                                                                               northto PT2 at the southwest
                                                                               corner of Protestant Cay in
                                                                               posn17[deg]44[min]56[sec] N,
                                                                               064[deg]42[min]12[sec] W, then
                                                                               eastalong the shoreline to PT3 at
                                                                               the southeast corner of
                                                                               Protestant Cayin posn
                                                                               17[deg]44[min]56[sec] N,
                                                                               064[deg]42[min]08[sec] W,thence
                                                                               northeast to PT4 at Christiansted
                                                                               Harbor Channel Round
                                                                               ReefNortheast Junction Lighted
                                                                               Buoy RR in posn
                                                                               17[deg]45[min]24[sec]
                                                                               N,064[deg]41[min]45[sec] W,
                                                                               thence southeast to PT 5 at
                                                                               ChristianstedSchooner Channel
                                                                               Lighted Buoy 5 in posn
                                                                               17[deg]45[min]18[sec]
                                                                               N,064[deg]41[min]43[sec] W,
                                                                               thence south to PT6 at
                                                                               ChristianstedHarbor Channel Buoy
                                                                               15 in posn 17[deg]44[min]56[sec]
                                                                               N,064[deg]41[min]56[sec] W,
                                                                               thence to PT7 on the shoreline
                                                                               north ofFort Christiansvaem in
                                                                               posn 17[deg]44[min]51[sec]
                                                                               N,064[deg]42[min]05[sec] W,
                                                                               thence west along the shoreline
                                                                               to PT1.
July 4th.........................  Fireworks Display...  Sponsor: St. John    St. John (West of Cruz Bay/
                                                          Festival &Cul.,      Northeast of Steven Cay),U.S.V.I.
                                                          Org.                 All waters from the surface to
                                                                               the bottom for a radius of
                                                                               200yards centered around position
                                                                               18[deg]19[min] 55[sec]
                                                                               N,064[deg]48[min] 06[sec] W.
July--3rd week, Sunday...........  San Juan Harbor Swim  Sponsor:Municipalit  San Juan Harbor, Puerto Rico PT1:
                                                          y of Catano.         La PuntillaFinal, Coast Guard
                                                                               Base at posn
                                                                               18[deg]27[min]33[sec]
                                                                               N,066[deg]07[min]00[sec] W, then
                                                                               south to PT2: Catano Ferry Pier
                                                                               atposn 18[deg]26[min]36[sec] N,
                                                                               066[deg]07[min]00[sec] W,
                                                                               theneast along the Catano
                                                                               shoreline to PT3: Punta Catano at
                                                                               posn18[deg]26[min]40[sec] N,
                                                                               066[deg]06[min]48[sec] W, then
                                                                               north toPT4: Pier 1 San Juan at
                                                                               posn 18[deg]27[min]40[sec]
                                                                               N,066[deg]06[min]49[sec] W, then
                                                                               back along the shoreline to
                                                                               originat PT1.
December 31st....................  Fireworks St.         Sponsor: Mr.Victor   St. Thomas (Great Bayarea),
                                    Thomas, Great Bay.    Laurenza,            U.S.V.I.; All waters from the
                                                          Pyrotecnico, New     surface to the bottom for aradius
                                                          Castle, PA.          of 600 feet centered around
                                                                               position 18[deg]19[min]14[sec]N,
                                                                               064[deg]50[min]18[sec] W.
December--1st week...............  Christmas Boat        Sponsor: St.Croix    St. Croix (Christiansted
                                    Parade.               Christmas Boat       Harbor),U.S.V.I.; 200 yards off-
                                                          Committee.           shore around Prostestant Cay
                                                                               beginning in
                                                                               posn17[deg]45[min]56[sec] N
                                                                               064[deg]42[min]16[sec] W, around
                                                                               the cayand back to the beginning
                                                                               position.
----------------------------------------------------------------------------------------------------------------

[[Page 292]]

 
                                              COTP Zone Charleston
----------------------------------------------------------------------------------------------------------------
May--Morning Slack Tide on the     Lowcountry Splash...  Logan Rutledge.....  Cooper River/CharlestonHarbor,
 3rd and 4thSaturday.                                                          South Carolina, including the
                                                                               waters of the Wando River,Cooper
                                                                               River, and Charleston Harbor from
                                                                               Hobcaw Yacht Club, inapproximate
                                                                               position 32[deg]49[min]32[sec]
                                                                               N,079[deg]53[min]81[sec] W, South
                                                                               along the coast of Mt.
                                                                               Pleasant,S.C., to Charleston
                                                                               Harbor Marina, approximate
                                                                               position32[deg]47[min]20[sec] N,
                                                                               079[deg]54[min]64[sec] W, and
                                                                               extendingout 150 yards from
                                                                               shore.
June--2nd week...................  Beaufort Water        City ofBeaufort....  Beaufort, South Carolina, between
                                    Festival.                                  the Lady's Island swingbridge and
                                                                               Spanish Point.
June-August--every Tuesday.......  Shelter               Greenwood            Shelter Cove, Hilton Head,South
                                    CoveFireworks.        Development Corp.    Carolina extending a radius of
                                                                               600 feet from approximateposition
                                                                               32[deg]11[min]10[sec] N,
                                                                               080[deg]43[min]54[sec] W.
July 4th.........................  Sea pines resort 4th  SeapinesPlantation.  Harbortowne, Hilton Head,
                                    of July.                                   Calibogue Sound, South
                                                                               Carolinaextending a radius of 600
                                                                               feet from approximate
                                                                               position32[deg]11[min]10[sec] N,
                                                                               080[deg]43[min]54[sec] W.
                                   Patriots Point        Patriots Point.....  CharlestonHarbor, South Carolina,
                                    Fireworks.                                 extending a radius of 1000 feet
                                                                               fromapproximate position
                                                                               32[deg]47[min]01[sec]
                                                                               N,079[deg]53[min]8[sec] W.
                                   Skull Creek           Hudson Seafood.....  Skull Creek,Hilton Head, South
                                    Fireworks.                                 Carolina extending a radius of
                                                                               1000 feet from theapproximate
                                                                               position 32[deg]13[min]57[sec]
                                                                               N,080[deg]45[min]06[sec] W.
                                   City of North         City of              Cooper River, Charleston, South
                                    Charleston            NorthCharleston.     Carolina extending aradius of
                                    Fireworks.                                 1000 feet from approximate
                                                                               position 32[deg]51[min]57[sec]N,
                                                                               079[deg]57[min]35[sec] W.
                                   Market Street         City of Charleston.  CharlestonHarbor, South Carolina
                                    Fireworks.                                 extending a radius of 1000 feet
                                                                               from centerapproximate position
                                                                               32[deg]54[min]01[sec]
                                                                               N,080[deg]08[min]05[sec] W.
November--2nd week...............  Head of the South...  Augusta Rowingclub.  Upper Savannah River MM199 to
                                                                               MM196, Georgia.
December--2nd week...............  Charleston Harbor     City of Charleston.  Charleston Harbor, South Carolina,
                                    Christmas Parade                           fromAnchorage A through Shutes
                                    ofBoats.                                   Folly, Horse Reach, Hog Island
                                                                               Reach, TownCreek Lower Reach,
                                                                               Ashley River, and finishing at
                                                                               City Marina.
----------------------------------------------------------------------------------------------------------------
                                            COTP Zone St. Petersburg
----------------------------------------------------------------------------------------------------------------
January--3rd Saturday............  Gasparilla            Event Makers.......  Hillsborough Bay within a 500 yard
                                    Children's                                 radius ofthe fireworks barge
                                    ParadeFireworks.                           located in approximate
                                                                               position27[deg]55[min]04[sec] N,
                                                                               082[deg]29[min]08[sec] W.
                                   Gasparilla            Air Boss             Hillsborough Bay north of an
                                    Children's Parade     andConsulting.       imaginary line drawn
                                    Air show.                                  at27[deg]55[min] N, west of Davis
                                                                               Islands, and south of the
                                                                               DavisIsland Bridge.
January--last Saturday...........  Gasparilla Boat       YE MysticKrewe of    Tampa Bay, Florida, including all
                                    Parade.               Gasparilla.          waters ofHillsborough Bay and its
                                                                               tributaries north of a line drawn
                                                                               alonglatitude
                                                                               27[deg]51[min]18[sec] N.
                                                                               Hillsborough Cut``D'' Channel,
                                                                               Sparkman Channel, Ybor Channel,
                                                                               SeddonChannel and the
                                                                               Hillsborough River south of the
                                                                               John F. KennedyBridge.
March--last Friday, Saturday, and  Honda GrandPrix.....  Honda Motor Company  Demons LandingSt. Petersburg FL,
 Sunday.                                                  and City of St.      All waters within 100 ft of the
                                                          Petersburg.          seawall.
                                   St. Pete Grand Prix   Honda Motor Company  St. Petersburg FL, within two NM
                                    Air show.             andCity of St.       of the AlbertWhitted Airport.
                                                          Petersburg.
April--last Sunday...............  St. Anthony's         St. Anthony'sHealth  St. Petersburg within one NM of
                                    Triathlon.            Care.                Spa Beach.
July 4th.........................  Freedom Swim........  None...............  Peace River FL within two NM of
                                                                               theU.S. 41 Bridge
July 4th and January 1st.........  Ybor Fireworks        Tampa                Ybor TurningBasin within a 120
                                    Display.              BayAttractions       yard radius of the fireworks
                                                          Association or       barge in approx.position
                                                          various private      27[deg]56[min]29[sec] N,
                                                          entities.            082[deg]26[min]43[sec] W.
                                   Clearwater fireworks  City of Clearwater.  GulfIntracoastal Waterway in the
                                    displays.                                  vicinity of Clearwater within a
                                                                               500 yardradius of the fireworks
                                                                               barge located in approximate
                                                                               position26[deg]58[min]01[sec] N,
                                                                               082[deg]48[min]15[sec] W.
                                   Marco Island          City of MarcoIsland  Gulf of Mexico in the vicinity of
                                    fireworks displays.                        Marco Island within a 300yard
                                                                               radius of the fireworks barge
                                                                               located in approximate
                                                                               position25[deg]54[min]36[sec] N,
                                                                               081[deg]45[min]06[sec] W.
                                   Venice fireworks      City of Venice.....  Gulf of Mexicoin the vicinity of
                                    displays.                                  Venice Inlet within a 200 yard
                                                                               radius of thefireworks barge
                                                                               located in approximate
                                                                               position27[deg]06[min]44[sec] N,
                                                                               082[deg]28[min]09[sec] W.

[[Page 293]]

 
                                   Beach House           BeachHouse           Gulf of Mexico in the vicinity of
                                    Restaurant            Restaurant.          Bradenton Beachwithin a 200 yard
                                    fireworks displays.                        radius of the fireworks barge
                                                                               located in approximateposition
                                                                               27[deg]27[min]59[sec] N,
                                                                               082[deg]41[min]58[sec] W.
                                   Ft Myers fireworks    City of FtMyers....  Caloosahatchee River within a 300
                                    displays.                                  yard radius of the fireworksbarge
                                                                               located in approximate position
                                                                               26[deg]38[min]45[sec]
                                                                               N,081[deg]52[min]50[sec] W.
July--1st Sunday.................  Suncoast Offshore     SuncoastFoundation   Gulf of Mexico in the vicinity
                                    Grand Prix.           for the              ofSarasota, from New Pass to
                                                          Handicapped.         Siesta Beach out to eight NM.
September--3rd Friday, Saturday,   Homosassa RaftRace..  Citrus 95 FM radio.  Homosassa River Between Private
 and Sunday.                                                                   GreenDayboard 81 east to private
                                                                               Red Dayboard 2.
October--2nd Friday, Saturday,     St PetersburgAirfest  City of St           St Petersburg, within two NM of
 and Sunday.                                              Petersburg.          theAlbert Whitted Airport.
November--3rd Thursday, Friday,    Ironman               City of Clearwater   Gulf of Mexico within two NM of
 and Saturday.                      WorldChampionship     & Ironman            Clearwater Beach FL.
                                    Triathlon.            NorthAmerica.
----------------------------------------------------------------------------------------------------------------
                                               COTP Zone Savannah
----------------------------------------------------------------------------------------------------------------
May--2nd weekend, Sunday.........  Blessing of           Knights ofColumbus-- Brunswick River from the start of
                                    theFleet--Brunswick.  Brunswick.           the Eastbranch of the Brunswick
                                                                               River (East Brunswick River) to
                                                                               the GoldenIsles Parkway Bridge.
May--2nd or 3rd weekend..........  Grand Prix of         ChampboatSeries,     Savannah River, Augusta, Georgia,
                                    Augusta.              LLC.                 from the U.S. Highway 1(Fifth
                                                                               Street) Bridge at mile 199.45 to
                                                                               Eliot's Fish Camp at mile 197.
July 4th.........................  Fourth of July        Savannah             Savannah River, Savannah
                                    Fireworks.            WaterfrontAssociat   Riverfront, Georgia, 500
                                                          ion.                 feetaround fireworks launch point
                                                                               centered at approximate
                                                                               position32[deg]04[min]56[sec] N,
                                                                               081[deg]05[min]02[sec] W.
July--3rd full weekend...........  Augusta Southern      Augusta Southern     Savannah River, Augusta,
                                    Nationals Drag        Nationals.           Georgia,from the U.S. Highway 1
                                    BoatRaces.                                 (Fifth Street) Bridge at mile
                                                                               199.45 toEliot's Fish Camp at
                                                                               mile 197.
October--3rd or 4th weekend or     Champboat Races of    Champboat Series,    SavannahRiver, Savannah
 November--1stweekend.              Savannah.             LLC.                 Riverfront, Georgia, Talmadge
                                                                               bridge to a line drawnat 146
                                                                               degrees true from dayboard 62.
November--1st Saturday after       SavannahHarbor Boat   Westin               Savannah River, Savannah
 Thanksgiving Day.                  Parade of Lights      Resort,Savannah.     Riverfront, Georgia,
                                    and Fireworks.                             Talmadgebridge to a line drawn at
                                                                               146 degrees true from dayboard
                                                                               62.
December 31st....................  New Years Eve         Savannah             Savannah River, Savannah
                                    Fireworks.            WaterfrontAssociat   Riverfront, Georgia, 500
                                                          ion.                 feetaround fireworks launch point
                                                                               centered at approximate
                                                                               position32[deg]04[min]56[sec] N,
                                                                               081[deg]05[min]02[sec] W.
Monthly--first Friday............  First Friday of the   Savannah Waterfront  Savannah River,
                                    MonthFireworks.       Association.         SavannahRiverfront, Georgia, 500
                                                                               feet around fireworks launch
                                                                               point centeredat approximate
                                                                               position 32[deg]04[min]56[sec]
                                                                               N,081[deg]05[min]02[sec] W.
----------------------------------------------------------------------------------------------------------------
                                             COTP Zone Jacksonville
----------------------------------------------------------------------------------------------------------------
February--1st weekend, Friday-     Clay CountySuper      Reynolds Park Yacht  Reynolds Park Yacht Club(entire
 Monday.                            Celebration.          Club.                club), Green Cove Springs.
February--last Saturday..........  El Cheapo             Jacksonville         Mayport/Jacksonville Boat Ramp;
                                    SheepsheadTournamen   Offshore Sport       500 feet seaward of the boatramp.
                                    t.                    FishingClub.
March--1st Saturday..............  Jacksonville          Stanton Rowing       Ortega River Race
                                    Invitational          Foundation (May      Course,Jacksonville; between
                                    (Rowing Race).        vary).               Timuquana and Roosevelt Bridges.
                                   Stanton Invitational  Stanton              Ortega River Race Course,
                                    (Rowing Race).        RowingFoundation.    Jacksonville; between
                                                                               Timuquanaand Roosevelt Bridges.
March or April--Palm Sunday......  Blessing of           City of              St. Johns River, Downtown
                                    theFleet--Jacksonvi   Jacksonville         Jacksonville in the vicinity
                                    lle.                  Office of            ofJacksonville Landing between
                                                          SpecialEvents.       the Main Street Bridge and Acosta
                                                                               Bridge.
                                   Blessing of the       City of              St. Augustine Municipal Marina
                                    Fleet--St.            St.Augustine.        (entire marina).
                                    Augustine.
April--1st Full Weekend, Saturday  Mount DoraYacht Club  Mount Dora Yacht     Lake Dora, MountDoran--500 ft. off
 and Sunday.                        Sailing Regatta.      Club.                Grantham Point.
April--3rd Saturday..............  Jacksonville          Stanton Rowing       Ortega River Race
                                    CityChampionships.    Foundation.          Course,Jacksonville; between
                                                                               Timuquana and Roosevelt Bridges.

[[Page 294]]

 
April--3rd weekend...............  Florida Times Union   The Florida Times-   Sister's Creek Marina to Marker
                                    RedfishRoundup.       Union.               88on the St. John's River.
May--1st Friday..................  Isle of Eight Flags   City of Fernandina   Fernandina HarborMarina (entire
                                    Shrimp Festival       Beach.               marina).
                                    PirateLanding and
                                    Fireworks.
May--1st Saturday................  Mug Race............  The Rudder Club      St. Johns River; Palatka to
                                                          ofJacksonville,      Buckman Bridge.
                                                          Inc.
May--4th Friday..................  Palatka Blue Crab     Palatka Blue Crab    All waters within a 500-yardradius
                                    Festival              Festival.            around approximate position
                                    andFireworks.                              29[deg]38[min]37[sec]
                                                                               N,081[deg]37[min]50[sec] W.
May--4th weekend.................  Memorial Day          City of Green        All waters within a 500-yard
                                    RiverFest.            CoveSprings.         radius around approximateposition
                                                                               29[deg]59'39[sec] N,
                                                                               081[deg]40[min]33[sec] W.
May--last full week, Monday-       BluewaterInvitationa  Northeast Florida    Thereis a no-wake zone in effect
 Friday.                            l Tournament.         Marlin Association.  from the St. Augustine City
                                                                               Marina out tothe end of the St.
                                                                               Augustine Jetty's 6:00AM-8:00AM
                                                                               and3:00PM-5:00PM during the above
                                                                               days.
May--last full weekend, Friday-    Blue CrabFestival     Downtown Palatka,    St. Johns River, South of Memorial
 Sunday.                            Ski Shows.            Inc. & Palatka       Bridge, Palatka.
                                                          Blue CrabFestival,
                                                          Inc.
June--1st Saturday of............  Florida Sport         Florida Sport        FromSunrise Marina to the end of
                                    Fishing               Fishing              Port Canaveral Inlet.
                                    AssociationOffshore   Association.
                                    Fishing Tournament.
June--1st weekend, Friday-Sunday.  Jetty Park            Fleet 45 Space       Jetty Park,Port Canaveral; All
                                    OceanRegatta.         Coast Catamaran      waters within a 1000-yard radius
                                                          Association, Inc.    aroundapproximate position
                                                                               28[deg]24[min]21[sec]
                                                                               N,080[deg]33[min]33[sec] W.
June--2nd weekend, Friday-Sunday.  St. Augustine King    King Buster          St. Augustine Municipal
                                    BusterClassic 400.    Classic, Inc.        Marina(entire marina).
June--4th Saturday...............  Veterans Day          City of New Smyrna   All waters within a 500-yard
                                    Celebration, Parade   Beach.               radius around approximate
                                    andFireworks                               position
                                    Display.                                   29[deg]03[min]N,080[deg]55[min]W.
June--4th weekend, Thursday-       Tournament            Nassau Sport         Fernandina Harbor Marina (entire
 Saturday.                          ofChampions           FishingAssociation.  marina), FernandinaBeach.
                                    Kingfish Tournament.
June--2nd weekend, Saturday and    KingfishChallenge...  Ancient City Game    There is a no-wake zonein effect
 Sunday.                                                  Fish Association.    from the St. Augustine City
                                                                               Marina out to the end of the
                                                                               St.Augustine Jetty's 6:00AM-
                                                                               8:00AM and 3:00PM-5:00PM.
July 4th.........................  Cocoa 4th of July     City of Cocoa......  All waterswithin a 500-yard radius
                                    Fireworks.                                 around approximate
                                                                               position28[deg]20[min]22[sec] N,
                                                                               080[deg]31[min]27[sec] W.
                                   Daytona Beach         Daytona Beach        All waters within a500-yard radius
                                    Boardwalk             Boardwalk            around at approximate
                                    Association July      Association.         position29[deg]13[min]34[sec] N,
                                    4thFireworks.                              081[deg]00[min]33[sec] W.
                                   Edgewater Fire        Edgewater Fire       All waters within a500-yard radius
                                    Rescue Association    Rescue Association.  around the pier at Kennedy
                                    Annual                                     Memorial Park, Edgewater,FL.
                                    FireworksCelebratio
                                    n.
                                   Fernandina Beach 4th  City ofFernandina    All waters within a 500-yard
                                    of July Fireworks.    Beach / Fernandina   radius around approximate
                                                          Harbor Marina.       position 30[deg]40[min]17[sec]
                                                                               N,081[deg]27[min]56[sec] W.
                                   Fireworks Display     City of Palatka/     All waters within a 500-yard
                                    for Independence      Downtown Palatka.    radius around approximate
                                    Day                                        position 29[deg]38[min]37[sec]
                                    Celebration(Palatka                        N,081[deg]37[min]51[sec] W.
                                    ).
                                   Flagler Beach July    FlaglerBeach         All waters within a 500-yard
                                    4th Celebration       Chamber of           radius around(the end of Flagler
                                    Fireworks.            Commerce.            Beach Pier) approximate
                                                                               position29[deg]28[min]50[sec] N,
                                                                               081[deg]07[min]27[sec] W.
                                   Florida Yacht Club    Florida Yacht Club   All waterswithin a 500-yard radius
                                    and Timuquana         and Timuquana        around approximate
                                    Country Club          Country Club.        position30[deg]15[min]00[sec] N,
                                    FireworksDisplay.                          081[deg]41[min]17[sec] W.
                                   Kissimmee July 4th    City ofKissimmee     All waters within a 500-yard
                                    Celebration           Parks and            radiusaround approximate position
                                    Fireworks.            Recreation.          28[deg]17[min]08[sec]
                                                                               N,081[deg]24[min]08[sec] W.

[[Page 295]]

 
                                   Kiwanis Club of St.   Kiwanis Club of St.  St. MarysRiver, St. Marys, GA; All
                                    Marys Annual Fourth   Marys Georgia.       waters within a 500-yard radius
                                    of JulyFestival                            aroundapproximate position
                                    Fireworks.                                 30[deg]43[min]7[sec]
                                                                               N,081[deg]32[min]59[sec] W.
                                   Liberty Fest--4th of  City of              All waters within a 500-yardradius
                                    July Celebration      Jacksonville Beach.  around approximate position
                                    (JacksonvilleBeach).                       30[deg]17[min]06[sec]
                                                                               N,081[deg]23[min]16[sec] W.
                                   Mount Dora Old        RotaryClub of Mount  Lake Dora,Mount Dora--500 ft. off
                                    Fashioned 4th of      Dora / Mount Dora    Grantham Point.
                                    July Celebration.     Firefighter
                                                          Association.
                                   Orange Park           Townof Orange Park.  All waters within a 500-yard
                                    Independence Day                           radius around approximateposition
                                    Celebration                                30[deg]10[min]20[sec] N,
                                    Fireworks.                                 081[deg]42[min]20[sec] W.
                                   Ormond Beach          Cityof Ormond Beach  All waters within a 500-yard
                                    Independence Day                           radius aroundapproximate position
                                    Celebration                                29[deg]17.2[min]N,
                                    Fireworks.                                 081[deg]02.988[min]W.
                                   Patrick Air Force     Patrick Air Force    All waters within a 500-yard
                                    Base 4th of July      Base.                radiusaround approximate position
                                    Celebration                                28[deg]14[min]00[sec]
                                    andFireworks.                              N,080[deg]37[min]00[sec] W.
                                   Sanford's July 4th    City ofSanford.....  All waters within a 500-yard
                                    Celebration                                radius around the Monroe
                                    Fireworks.                                 HarborMarina.
                                   St. Augustine July    City of              All waters within a 500-yard
                                    4th Fireworks         St.Augustine.        radius around approximateposition
                                    Display.                                   29[deg]53[min]50.84[sec] N,
                                                                               081[deg]18[min]30.87[sec]W.
July--3rd Saturday...............  Halifax Rowing        Halifax Rowing       Halifax River, Daytona, S.
                                    Association           Association.         ofMemorial Bridge--East Side.
                                    SummerRegatta.
July--3rd week...................  BellSouth Greater     Jacksonville Marine  All waters of the St.Johns River,
                                    Jacksonville          Charities, Inc.      from lighted buoy 10 (LLNR 2190)
                                    KingfishTournament.                        in approximate
                                                                               position30[deg]24[min]22[sec] N,
                                                                               081[deg]24[min]59[sec] W to
                                                                               LightedBuoy 25 (LLNR 7305).
August--2nd week.................  Townsend Hawkes       JacksonvilleBeaches  50 ft. offshore from Jacksonville
                                    Ocean Swim.           Kiwanis Club.        Beach to SeaTurtle Inn, Atlantic
                                                                               Beach.
December 31st....................  Jacksonville New      City ofJacksonville  St. Johns River; Westside ofMain
                                    Year's Eve            Office of Special    Street Bridge.
                                    Fireworks.            Events.
                                   St. Augustine Beach   City of              All waters within a 500-yard
                                    New Year's Eve        St.Augustine Beach.  radius approximateposition
                                    Fireworks.                                 29[deg]51[min]16[sec] N,
                                                                               081[deg]15[min]49[sec] W.
December--2nd Saturday...........  St. Johns River       St. Johns River      St. Johns River;Whitehair Bridge,
                                    Christmas             Christmas Boat       Deland to Lake Beresford.
                                    BoatParade.           Parade, Inc.
                                   Christmas Boat        Halifax River Yacht  Halifax River from Seabreeze
                                    Parade (Daytona       Club.                Bridge toHalifax Harbor Marina.
                                    Beach / Halifax
                                    River).
                                   Kissimmee Holiday     City ofKissimmee     Kissimmee Lakefront Park; All
                                    Extravaganza          Parks and            waterswithin a 500-yard radius
                                    Fireworks.            Recreation.          around approximate
                                                                               position28[deg]17[min]13[sec] N,
                                                                               081[deg]24[min]13[sec] W.
----------------------------------------------------------------------------------------------------------------


[USCG-2007-0179, 73 FR 4461, Jan. 25, 2008]



Sec. 100.713  Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.

    (a) Definitions--(1) Regulated Area. Theregulated 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 theshore 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.

[[Page 296]]

    (2) Coast Guard Patrol Commander. The Coast GuardPatrol Commander is 
a commissioned, warrant, or petty officer of theUnited States Coast 
Guard who has been designated by the Commander,Coast Guard Sector 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulatedarea is 
prohibited to all nonparticipants.
    (2) After the termination of the Harborwalk Boat Race, and 
duringintervals between scheduled events, at the discretion of the 
CoastGuard 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 ofJune.

[CGD07-96-015, 61 FR 29020, June 7, 1996, asamended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec. 100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

    (a) Regulated Area. The regulated area is formed by a linedrawn 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 
position26[deg]26.08[min] N, 81[deg]55.29[min] W, thence to 
position26[deg]24.76[min] N, 81[deg]54.68[min] W, thence to 
position26[deg]23.74[min] N, 81[deg]55.10[min] W, thence to 
position26[deg]23.91[min] N, 81[deg]55.40[min] W, thence to 
position26[deg]24.94[min] N, 81[deg]55.24[min] W, thence to 
position26[deg]26.93[min] N, 81[deg]58.53[min] W, thence to 
position26[deg]27.32[min] N, 81[deg]58.16[min] W, thence back to 
thestart/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 anchorshoreward of 
the shoreside boundaries of the regulated area, from 11a.m. to 3 p.m. 
edt.
    (2) Spectator craft will be permitted to anchor seaward of 
theseaside boundaries of the regulated area, in the spectator area 
formedby 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 linedrawn 
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, 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 
BeachOffshore Grand Prix, exiting Matanzas Pass between 11 a.m. and 3 
p.m.will exit the marked channel at Matanzas Pass Channel 
daybeacon3 (26[deg]25.9[min] N, 82[deg]58.2[min] W, LLNR 16365) 
and4 (26[deg]26.1[min] N, 82[deg]57.8[min] W, LLNR 16370), 
andshall proceed in a southwesterly direction seaward of the 
spectatorarea defined in paragraph (b)(2) of this section, taking action 
toavoid a close-quarters situation until finally past and clear of 
theracecourse. All coordinates referenced use datum: NAD 83.
    (4) All vessel traffic, not involved with the Fort Myers 
BeachOffshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 
3p.m. edt will exit the pass in a southwesterly direction seaward ofthe 
spectator area defined in paragraph (b)(2) of this section, takingaction 
to avoid a close-quarters situation with the spectator craftuntil 
finally past and clear of the racecourse. All coordinatesreferenced use 
datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with 
thisregulation. Spectator vessels shall stay seaward of the seaside 
legsof the racecourse at all times in the spectator areas defined 
inparagraph (b)(2) of this section.
    (c) Effective dates: This section is effective each day from11 a.m. 
through 3 p.m. EDT annually during the third Saturday andSunday of May.

[CGD07-96-005, 61 FR 28503, June 5, 1996, asamended 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 inSarasota Bat 
with the northwest corner point at Whale Key, 
position27[deg]23[min]53[sec] N, 82[deg]37[min]46[sec] W, extending 
tothe northeast corner point at Bayshore Gardens Channel, 
position27[deg]25[min]11[sec] N, 82[deg]35[min]45[sec] W, extending 
tothe southeast corner point at Whitaker Bayou, 
position27[deg]21[min]22[sec] N, 82[deg]33[min]14[sec] W, and then tothe 
southwest corner point

[[Page 297]]

at Quick Point, position27[deg]20[min]18[sec] N, 82[deg]34[min]36[sec] 
W. Allcoordinates referenced use datum: NAD 83.
    (b) Special local regulations.
    (1) In accordance with these regulations, the regulated area 
isdesignated as a ``no wake'' zone. Spectator craft arepermitted into 
the area, but are prohibited from entering the racecourse areas 
described in (b)(2) of this section.
    (2) Inside the ``no wake'' zone are two designatedareas surrounding 
the primary and alternate race courses. Primarycourse ``A'' is bounded 
by a line connecting the northeastcorner point at position 
27[deg]22[min]10[sec] N,82[deg]36[min]09[sec] W, a southeast corner 
point at position27[deg]21[min]31[sec] N, 82[deg]35[min]37[sec] W, a 
southwestcorner point at position 27[deg]21[min]27[sec] 
N,82[deg]35[min]48[sec] W, and a northwest corner point at 
position27[deg]22[min]05[sec] N, 82[deg]36[min]16[sec] W. 
Alternatecourse ``B'' is bounded by a line connecting the 
northeastcorner point at position 27[deg]23[min]11[sec] 
N,82[deg]34[min]31[sec] W, a southeast corner point at 
position27[deg]22[min]35[sec] N, 82[deg]34[min]03[sec] W, a 
southwestcorner point at position 27[deg]22[min]31[sec] 
N,82[deg]34[min]08[sec] W, and a northwest corner point at 
position27[deg]23[min]09[sec] N, 82[deg]34[min]38[sec] W. Allcoordinates 
referenced use datum: NAD 83.
    (3) Entry into the regulated area shall be in accordance with 
thisregulation.
    (c) Effective date. This section is effective at 8 a.m. 
andterminates 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 aline 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 the start/finish 
position. Allcoordinates referenced use datum: NAD 1983.
    (b) Special local regulations. (1) No anchoring will bepermitted 
seaward of the shoreside boundaries of the regulated areaout 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 
theshoreside boundaries of the regulated area.
    (3) All vessel traffic, not involved with the Suncoast 
OffshoreChallenge, exiting New Pass between 11 a.m. and 4 p.m. EDT shall 
existat 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 
northerlydirection shoreward of spectator craft taking action to avoid a 
close-quarters situation until finally past and clear of the racecourse. 
Allcoordinates referenced use datum: NAD 1983.
    (4) Big Sarasota Pass will be closed to all inbound and 
outboundvessel 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 
thisregulation. Spectator vessels shall stay clear of race area at 
alltimes.
    (c) Effective date. This section is effective at 10 a.m. 
andterminates 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 aline 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. Allcoordinates referenced use datum: NAD 1983.

[[Page 298]]

    (b) Special local regulations. (1) No anchoring will bepermitted 
seaward of the shoreside boundaries of the regulated areaout to three 
nautical miles from shore, from 10 a.m. to 4 p.m. EDT.
    (2) Anchoring for spectators will be permitted shoreward of 
theshoreside boundaries of the regulated area.
    (3) All vessel traffic not involved with the Suncoast OffshoreGrand 
Prix, exiting New Pass between 10 a.m. and 4 p.m. EDT shall exitat 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 northerlydirection shoreward of 
spectator craft taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse. Allcoordinates referenced use 
datum: NAD 83.
    (4) Big Sarasota Pass will be closed to all inbound and 
outboundvessel 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 
thisregulation. Spectator craft will stay clear of race area at all 
times.
    (c) Effective date. This section is effective at 10 a.m. 
andterminates at 4 p.m. EDT, annually during the first Sunday of July.

[CGD07-96-008, 61 FR 32335, June 24, 1996]



Sec. 100.724  Annual Augusta Invitational Rowing Regatta; Savannah River,Augusta, GA.

    (a) Definitions. (1) Regulated area. The regulated area isformed by 
a line drawn directly across the Savannah River at U.S.Highway 1 (Fifth 
Street) Bridge at mile marker 199.45 and directlyacross the Savannah 
River at Eliot's Fish Camp at mile marker 197. Theregulated area 
includes the width of the Savannah River between thesetwo lines.
    (2) Coast Guard Patrol Commander. The Coast Guard patrolCommander is 
a commissioned, warrant, or petty officer of the CoastGuard who been 
designated by the Commander, Coast Guard SectorCharleston, SC.
    (b) Special local regulations. (1) Entry into the regulatedarea is 
prohibited to all non-participants.
    (2) After the termination of the Invitational Rowing Regatta 
eachday, and during intervals between scheduled events, at the 
discretionof the Coast Guard Patrol Commander, all vessels may resume 
normaloperations.
    (c) Effective dates. This section is effective at 7 a.m. 
andterminates 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, asamended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec. 100.728  Special Local Regulations; Hurricane Offshore Classic, St.Petersburg, FL.

    (a) Regulated area. The regulated area is formed by a linedrawn from 
position 27[deg]46.9[sec] N, 082[deg]37.45[sec] W(onshore at North Shore 
Park) east southeast to position27[deg]46.39[sec] N, 082[deg]32.65[sec] 
W; thence due south toposition 27[deg]44.67[sec] N, 082[deg]32.65[sec] 
W; thence duewest to position 27[deg]44.67[sec] N, 082[deg]37.45[sec] 
W(onshore just south of Lassing Park). All coordinates referenced 
useDatum: NAD 83.
    (b) Special local regulations. (1) Entry into the regulatedarea by 
other than event participants is prohibited unless authorizedby the 
patrol commander designated by Coast Guard Sector St.Petersburg, 
Florida.
    (2) Spectator craft will be permitted near the race area, but willbe 
required to stay clear of the race lanes. Anchoring for spectatorcraft 
is permitted north of the northern straightaway and south of thesouthern 
straightaway, but only in the designated spectator areabetween 
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 southernarea. All coordinates referenced use 
Datum: NAD 83. No anchoring willbe permitted west of turns 1 and 4 nor 
west of turns 2 and 3, from 10a.m. to 6 p.m. EDT.
    (3) All vessel traffic, not involved in the Hurricane 
OffshoreClassic, entering or exiting the Vinoy Basin between 10 a.m. and 
6p.m. EDT must transit around the racecourse, taking action to avoid 
aclose-quarters situation until finally past and clear of theracecourse. 
All vessel traffic, not involved with the HurricaneOffshore Classic,

[[Page 299]]

transiting the area off Coffeepot Bayou, ThePier, and Bayboro Harbor 
should exercise extra caution and take actionto avoid a close-quarters 
situation until finally past and clear ofthe racecourse.
    (4) Entry into the regulated area shall be in accordance with 
thissection. Spectator vessels will at all times stay in the 
spectatorareas defined in paragraph (b)(2) of this section.
    (c) Effective Dates: This regulation is effective annuallyat 10 a.m. 
and terminates at 6 p.m. EDT on the third Saturday andSunday of August.

[CGD07-97-031, 62 FR 43641, Aug. 15, 1997, asamended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec. 100.729  Columbus Day Regatta, Biscayne Bay, Miami, FL.

    (a) Regulated area. A regulated area is established for theColumbus 
Day Regatta, Biscayne Bay, Miami, Florida. The regulated areaencompasses 
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 acommissioned, 
warrant, or petty officer of the Coast Guard who hasbeen designated by 
Commanding Officer, Coast Guard Station MiamiBeach.
    (c) Special Local Regulations. (1) Entry into the regulatedarea by 
non-participant persons or vessels is prohibited unlessauthorized by the 
Coast Guard Patrol Commander.
    (2) At the completion of scheduled races and exhibitions, 
anddeparture of participants from the regulated area, the Coast 
GuardPatrol Commander may permit traffic to resume normal operations.
    (3) Between scheduled racing events, the Coast Guard PatrolCommander 
may permit traffic to resume normal operations for a limitedtime.
    (4) A succession of not fewer than 5 short whistle or horn 
blastsfrom a Coast Guard patrol vessel will be the signal for any and 
allvessels to take immediate steps to avoid collision.
    (d) Enforcement periods. This rule will be enforced from 10a.m. 
until 5 p.m. Saturday and Sunday during the second weekend inOctober 
(Columbus Day weekend).

[CGD07-04-120, 69 FR 61444, Oct. 19, 2004]



Sec. 100.732  Annual River Race Augusta; Savannah River, Augusta GA.

    (a) Definitions:
    (1) Regulated Area. The regulated area is formed by a linedrawn 
directly across the Savannah River at the U.S. Highway 1 Bridgeat mile 
marker 199 and directly across the Savannah River at milemarker 197. The 
regulated area would encompass the width of theSavannah River between 
these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard PatrolCommander is 
a commissioned, warrant, or petty officer of the CoastGuard who has been 
designated by the Commander, Coast Guard SectorCharleston, South 
Carolina.
    (b) Special Local Regulations. (1) Entry into the regulatedarea is 
prohibited to all non-participants.
    (2) After termination of the River Race Augusta each day, andduring 
intervals between scheduled events, at the discretion of theCoast Guard 
Patrol Commander, all vessels may resume normaloperations.
    (3) The Captain of the Port Charleston will issue a Marine 
SafetyInformation Broadcast Notice to Mariners to notify the 
maritimecommunity of the special local regulations and the 
restrictionsimposed.
    (c) Dates. These regulations become effective annually from7 a.m. to 
5 p.m. EDT each day, on the third Friday, Saturday andSunday of May, 
unless otherwise specified in the notice to mariners.

[CGD07-98-013, 63 FR 26454, May 13, 1998, asamended by USCG--2006-25556, 
72 FR 36327, July 2, 2007]



Sec. 100.734  Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL.

    (a) Regulated Area. A regulated area is established consisting ofall 
waters of Hillsborough Bay and its tributaries north 
of27[deg]51[min]18[sec] north latitude and south of the John F.Kennedy 
Bridge.

[[Page 300]]

The regulated area includes the following intheir entirety: Hillsborough 
Cut ``D'' Channel, SeddonChannel, and the Hillsborough River south of 
the John F. KennedyBridge. All coordinates referenced use datum: NAD 83.
    (b) Special local regulations.
    (1) Entrance into the regulated area is prohibited to allcommercial 
marine traffic from 9 a.m. to 2:30 p.m. EST on the day ofthe event.
    (2) The regulated area is a ''no wake`` zone.
    (3) All vessels within the regulated area shall stay 50 feet 
awayfrom and give way to all officially entered vessels in 
paradeformation in the Gasparilla Marine Parade.
    (4) When within the marked channels of the parade route, 
vesselsparticipating in the Gasparilla Marine Parade may not exceed 
theminimum speed necessary to maintain steerage.
    (5) Jet skis and vessels without mechanical propulsion areprohibited 
from the parade route.
    (6) Northbound vessels in excess of 80 feet in length withoutmooring 
arrangements made prior to the date of the event areprohibited from 
entering Seddon Channel unless the vessel isofficially entered in the 
Gasparilla Marine Parade. All northboundvessels in excess of 80 feet 
without prior mooring arrangements andnot officially entered in the 
Gasparilla Marine Parade must use thealternate route through Sparkman 
Channel.
    (7) Vessels not officially entered in the Gasparilla Marine 
Parademay not enter the Parade staging area box within the 
followingcoordinates: 27[deg]53[min]53[sec] N 082[deg]27[min]47[sec] 
W27[deg]53[min]22[sec] N 082[deg]27[min]10[sec] W27[deg]52[min]36[sec] N 
082[deg]27[min]55[sec] W27[deg]53[min]02[sec] N 082[deg]28[min]31[sec] W
    (c) Enforcement period. This section will be enforced from 9a.m. 
until 2:30 p.m. EST, annually on the last Saturday in the monthof 
January.

[CGD07-05-156, 71 FR 76153, Dec. 20, 2006]



Sec. 100.736  Annual Fort Myers Beach air show; Fort Myers Beach, FL.

    (a)(1) Regulated Area. The regulated area is formed by thefollowing 
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 
point4: 26[deg]26[min]14[sec] N, 81[deg]55[min]22[sec] W and westalong 
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. Allcoordinates referenced use datum: NAD 83.
    (2) Air Box Area. The air box area is contained within theregulated 
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 point2: 
26[deg]27[min]07[sec] N, 81[deg]58[min]39[sec] W east topoint 3: 
26[deg]26[min]15[sec] N, 81[deg]56[min]36[sec] W northto point 4: 
26[deg]26[min]42[sec] N, 81[deg]56[min]22[sec] W andwest to original 
point 1: 26[deg]27[min]34[sec] N,81[deg]58[min]22[sec] W. All 
coordinates referenced use datum: NAD83.
    (b) Special local regulations. (1) Vessels and persons areprohibited 
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 
areadefined in paragraph (a)(1) of this section, with the exception 
ofvessel transit permitted in the marked channel as set forth 
inparagraph (b)(3) of this section.
    (3) Vessels entering and exiting Matanzas Pass Channel will 
beallowed to transit using the marked channel only at Matanzas 
PassChannel 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 
coordinatesreferenced use datum: NAD 83.
    (c) Dates. This section will be enforced annually on thesecond 
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 thefollowing 
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 
coordinatesreferenced 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 topoint 2: 
26[deg]25[min]32[sec]N, 81[deg]53[min]57[sec]W. Allcoordinates 
referenced use datum: NAD 83.
    (b) Special local regulations. (1) Non-participant vesselsand 
persons are prohibited from entering the regulated

[[Page 301]]

area asdefined in paragraph (a)(1) of this section.
    (2) All vessel entering and exiting Matanzas Pass Channel 
shallproceed cautiously and take early action to avoid close-
quarterssituations until finally past and clear of the regulated area.
    (3) Anchoring is only permitted seaward of the spectator line 
asdefined in paragraph (a)(2) of this section.
    (c) Enforcement Dates. This section will be enforcedannually from 10 
a.m. to 5 p.m. EDT on the second consecutive Saturdayand 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 inTable 
1 of this section. These regulations will be effective annually,for the 
duration of each event listed in Table 1. Annual notice of theexact 
dates and times of the effective period of the regulation withrespect to 
each event, the geographical area, and details concerningthe nature of 
the event and the number of participants and type(s) ofvessels involved 
will also be published in local notices to mariners.Sponsors of events 
listed in Table 1 of this section must submit anapplication each year in 
accordance with 33 CFR 100.15.
    (a) The Coast Guard will patrol the event area under the directionof 
a designated Coast Guard Patrol Commander. The Patrol Commander maybe 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign``PATCOM.''
    (b) All persons and vessels not registered with the sponsor 
asparticipants 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 assignedor approved by the 
Commander, Eighth Coast Guard District, to patrolthe event.
    (c) Spectator vessels desiring to transit the regulated area maydo 
so only with prior approval of the Patrol Commander and when sodirected 
by that officer and will be operated at a no wake speed in amanner which 
will not endanger participants in the event or any othercraft.
    (d) No spectator shall anchor, block, loiter, or impede thethrough 
transit of participants or official patrol vessels in theregulated area 
during the effective dates and times, unless clearedfor entry by or 
through an official patrol vessel.
    (e) The Patrol Commander may forbid and control the movement ofall 
vessels in the regulated area. When hailed or signaled by anofficial 
patrol vessel, a vessel shall come to an immediate stop andcomply with 
the directions given. Failure to do so may result inexpulsion from the 
area, citation for failure to comply, or both.
    (f) Any spectator vessel may anchor outside the regulated 
areaspecified in Table 1 of this section, but may not anchor in, block, 
orloiter in a navigable channel.
    (g) The Patrol Commander may terminate the event or the operationof 
any vessel at any time it is deemed necessary for the protection oflife 
or property.
    (h) The Patrol Commander will terminate enforcement of the 
specialregulations at the conclusion of the event.

  Table 1 of Sec. 100.801--Eighth Coast GuardDistrict Table of Annual 
                              Marine Events

                    I. SECTOR 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

[[Page 302]]

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 
miles202.5-203.5, 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
    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, 
WNAXRadio
    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, NewAthens, 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. SECTOR 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, AndersonCounty, 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--RowingRace
    Sponsor: Oak Ridge (Tennessee) Rowing Association
    Date: 2 Days--3rd Weekend in April
    Regulated Area: Clinch River miles 49.8-51.1, AndersonCounty, 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, AndersonCounty, TN

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7. Kentucky Derby Festival Great Steamboat Race
    Sponsor: Kentucky Derby Festival/Belle of Louisville OperatingBoard
    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, HamiltonCounty, 
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, AndersonCounty, 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, AndersonCounty, 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
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, PointMarion, 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 3rdWeekend in June
    Regulated Area: Ohio River miles 127.6-128.5, NewMartinsville, 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, PointPleasant, 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, AndersonCounty, 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

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    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 Sector, 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
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, MadisonCounty, 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, AndersonCounty, 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, LoudonCounty, 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.

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    Date: 7 Days--End of July or beginning of August
    Regulated Area: One mile around point at confluence of 
AlleghenyRiver 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 August15
    Regulated Area: Ohio River miles 25.1-25.8, Beaver Rivermiles 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 August15
    Regulated Area: Ohio River miles 65.0-67.0, JeffersonCounty, 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, ArmstrongCounty, PA
57. Parkersburg Homecoming Festival
    Sponsor: Parkersburg Homecoming Festival
    Date: 2 Days--3rd Weekend in August
    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 mile496.0-499.0, 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

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    Date: 1 Day--Last Weekend in November or 1st Weekend inDecember
    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. SECTOR 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, FortSmith, 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, MainStreet 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, FortSmith, AR
6. Fourth of July Fireworks
    Sponsor: Memphis Center City Commission
    Date: 1 Day--4th of July
    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, MainStreet 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, PickwickDam, 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 miles71.0-71.5, 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, LittleRock, AR

                            IV. SECTOR 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\ miledown 
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\ miledown 
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\ miledown 
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\ miledown 
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

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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 toFort 
Walton Yacht Club at Smack Point at the western end ofChoctowatchee 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 to11, 
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 adjacentto 
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 adjacentto 
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 MobileRiver 
between latitudes 30-41.34N and 30-41.24N.
13. Flag Day Parade
    Sponsor: Warrior River Boating Association
    Date: 1 Day--July 5th
    Regulated Area: Warrior River Bankhead Lake River miles368.4-386.4, 
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 pointlocated 
1500 feet out from the Pensacola Beach shoreline in front ofthe 
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 
theGulf 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 to11, 
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, TuscaloosaCounty, 
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 intothe 
Mobile River between latitudes 30 degrees 41 minutes 20 secondsNorth 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 
pointlocated 1,500 feet from the Pensacola Beach water tower in a 
directionperpendicular 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 
theGulf 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) Latitude30 
degrees, 24 minutes, 36 seconds North, longitude 088 degrees, 56minutes, 
00 seconds West; (2) latitude 30 degrees, 25 minutes, 30seconds North, 
longitude 088 degrees, 55 minutes, 20 seconds West; (3)latitude 30 
degrees, 25 minutes, 10 seconds North, longitude 088degrees, 54 minutes, 
55 seconds West.
22. Annual Krewe of Billy Bowlegs Pirate Festival, OkaloosaCounty, 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 toFort 
Walton Yacht Club at Smack Point on the western end ofChoctowatchee Bay 
and Cinco Bayou.

                          V. SECTOR 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, LAto 
the area of downtown Golden Meadow, LA

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2. The Blessing of the Fleet and Fireworks Display, MorganCity, 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 
AtchafalayaRiver 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 AllenRoute
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 to1 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 theParish 
Court House, Monroe, LA
    8. Boomtown Casino Fireworks, Harvey, LA
    Sponsor: Boomtown Casino
    Date: 1 Day--4th of July
    Regulated Area: Harvey Canal, miles 3.5-5.5, the entirewidth 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 
LakePontchartrain 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 
LakePontchartrain, \1/4\ miles North of Bally's Casino, New Orleans, LA
11. Riverfront Marketing Fireworks, New Orleans, LA
    Sponsor: Riverfront Marketing Sector
    Date: 1 Day--4th of July
    Regulated Area: 500 yard radius around fireworks platform adjacentto 
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 adjacentto 
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 
inMississippi 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 
inMississippi River adjacent to Algiers Point, New Orleans, LA

                       VI. GROUP HOUSTON-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 toLawson'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 
LakeCharles 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 
notincluding, 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 
bargeat 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 watersof the 
Neches

[[Page 309]]

River, bank to bank, from the Trinity IndustriesDry 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 
bargeat 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 
notincluding, 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 PelicanIsland 
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 Riverlight 
26 to Neches River light 30, Neches River Front Park, PortNeches, 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 
Marinadown Clear Lake Channel, to Clear Creek Channel Light 2.

                       VII. Sector Corpus Christi

1. Buccaneer Days Fireworks Display
    Sponsor: Buccaneer Commission, Inc.
    Date: 1 Day--Last Friday in April or First Friday in May
    Regulated Area: Bayfront, All Waters inside Corpus Christi 
MarinaLevee, 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 
Northand Half mile South from Position 26-08N, 97-10.5W, inthe Laguna 
Madre area known as ``The Flats'', South PadreIsland, 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 
MarinaLevee, 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 
PortAransas Harbor Daybeacon 2 to Port Aransas Ferry landing in the 
CorpusChristi 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 
MarinaLevee, 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 
MarinaLevee, 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 
MarinaLevee, Corpus Christi Bay, TX
8. East-West Powerboat Shootout, Corpus Christi, TX
    Sponsor: EM Marketing Company, Inc. and the Corpus ChristiOffshore 
Racing Association.
    Date: 2 Days--1st or 2nd weekend in June.
    Regulated Area: Bounded by the following coordinates: (1) Latitude27 
degrees, 49 minutes, 24 seconds North, longitude 097 degrees, 23minutes, 
00 seconds West; (2) latitude 27 degrees, 49 minutes, 24seconds North, 
longitude 097 degrees, 21 minutes, 22 seconds West; (3)latitude 27 
degrees, 45 minutes, 00 seconds North, longitude 097degrees, 23 minutes, 
00 seconds West; (4) latitude 27 degrees, 45minutes, 00 seconds North, 
longitude 097 degrees, 21 minutes, 22seconds West.

                  VIII. Marine Safety Unit 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, 
fromthe Trinity Industries Dry Dock to the northeast corner of the Port 
ofBeaumont's dock number 5.

[[Page 310]]

2. Port Arthur Fourth of July Firework Demonstration, PortArthur, 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 tobank, 
from Wilson Middle School to the northern terminus of Old GolfCourse 
Road.

[CGD08-94-019, 60 FR 10314, Feb. 24, 1995, asamended 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;USCG-2006-25556, 72 FR 
36327, July 2, 2007]



Sec. 100.901  Great Lakes annual marine events.

    Permanent special local regulations are hereby established for 
themarine events listed in Table 1. These regulations will be 
effectiveannually, for the duration of each event, on or about the 
datesindicated in Table 1. Annual notice of the exact dates and times 
ofthe effective period of the regulations with respect to each event,the 
geographical description of each regulated area, and detailsconcerning 
the nature of the event and the number of participants andtype(s) of 
vessels involved will be published in local notices tomariners. 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 Table1 must still submit an application 
each year in accordance with 33 CFR100.15.
    (a) The Coast Guard will patrol the regatta area under thedirection 
of a designated Coast Guard Patrol Commander. The PatrolCommander may be 
contacted on Channel 16 (156.8 MHZ) by the call sign``Coast Guard Patrol 
Commander.'' Vessels desiring totransit the regulated area may do so 
only with prior approval of thePatrol Commander and when so directed by 
that officer. Vessels will beoperated at a no wake speed to reduce the 
wake to a minimum, and in amanner which will not endanger participants 
in the event or any othercraft. The rules contained in the above two 
sentences shall not applyto participants in the event or vessels of the 
patrol operating in theperformance of their assigned duties.
    (b) The Patrol Commander may direct the anchoring, mooring, 
ormovement of any boat or vessel within the regatta area. A successionof 
sharp, short signals by whistle or horn from vessels patrolling thearea 
under the direction of the U.S. Coast Guard Patrol Commandershall serve 
as a signal to stop. Vessels so signaled shall stop andshall comply with 
the orders of the Patrol Commander. Failure to do somay result in 
expulsion from the area, citation for failure to comply,or both.
    (c) The Patrol Commander may establish vessel size and 
speedlimitations and operating conditions.
    (d) The Patrol Commander may restrict vessel operation within 
theregatta area to vessels having particular operating characteristics.
    (e) The Patrol Commander may terminate the marine event or 
theoperation of any vessel at any time it is deemed necessary for 
theprotection 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 withinan 
800 foot radius of the fireworks launching platform located 
inapproximate position 43[deg]28[min]10[sec] N076[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 
aline 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 drawnfrom 
42[deg]08[min]54[sec] N 080[deg]05[min]42[sec] W; to42[deg]07[min] N 
080[deg]21[min] W will be a ``cautionarea''. All vessels transiting the 
caution area will be operatedat bare steerageway, keeping the vessel's 
wake at a minimum, and willexercise a high degree of caution in the 
area. The bay entrance willnot be effected.

[[Page 311]]

                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, 
EntranceChannel, and the enclosed area from Erie Harbor Pier Head Light 
(LLNR3430) northeast to 42[deg]12[min]48[sec] N079[deg]57[min]24[sec] W, 
thence south to shore just east of ShadesBeach.

                       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 approximately \1/2\ 
milesouthwest of Twomile Creek along a line drawn 
from43[deg]00[min]45[sec] N 078[deg]55[min]06[sec] W 
to43[deg]00[min]28[sec] N 078[deg]54[min]56[sec] W (Sipco OilCompany).

                     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 
bargeanchored in approximate position 43[deg]15.73[min] 
N076[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 withina 
500 ft radius surrounding a barge anchored in approximate 
position43[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 theWest 
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 300foot 
radius, surrounding the Erie Sand and Gravel Pier, located inposition 
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 
toapproximately 1000 yards south to the River Walk Pier, near Bay 
City,MI.

[[Page 312]]

                       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 IsleBridge and on the 
east by a north-south line drawn through theWaterworks 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 LibertyBridge 
on the north to the Veterans Memorial Bridge on the south, nearBay City, 
MI

                       Cleveland National Air Show

    Sponsor: Cleveland National Air Show.
    Date: Labor Day Weekend.
    Location: That portion of Lake Erie and Cleveland Harbor (nearBurke 
Lakefront Airport) from a line running perpendicular from DockNo. 34 on 
the west, to 2000 feet north of the breakwater, thenparallel to the 
breakwater, to a line running perpendicular from theeast end of the 
Burke Lakefront Airport land fill.

                    International Bay City River Roar

    Sponsor: Bay City River Roar, Inc.
    Date: 3rd or 4th weekend of June.
    Location: That portion of the Saginaw River from the LibertyBridge 
on the north to the Veterans Memorial Bridge on the south, nearBay 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 (CoboHall) 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 southby 
the International Boundary, on the west by 083[deg]03[min] W, onthe 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 0.8above 
the mouth of the river to the Eagle Avenue Bridge, nearCleveland, 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, andLower 
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 
AnthonyWayne 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 
AnthonyWayne bridges, near Toledo, OH.

[[Page 313]]

                       Toledo Labor Day Fireworks

    Sponsor: Reams Broadcasting Corporation.
    Date: Labor Day.
    Location: Maumee River, between the Martin Luther King and 
AnthonyWayne bridges, near Toledo, OH.

                      Sector Sault Ste. Marie, MI:

                           Bridgefest Regatta

    Sponsor: Bridgefest Committee.
    Date: 2nd weekend of June.
    Location: Keweenaw Waterway, from the Houghton Hancock Lift Bridgeto 
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 
Sectionbounded on the south by a line drawn on a bearing of 087[deg] 
truefrom the Cargill Pier through Duluth Basin Lighted Buoy 5 
(LLNR15905) to the opposite shore on the north by the Duluth Aerial 
Bridge.That portion of Duluth Harbor Basin Northern Section within 600 
yardsof 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.
    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 shoreof 
the river. These waters are enclosed by the Locks to the west andto the 
east from a line drawn from the pier light of the east centerpier to the 
U.S. Coast Guard Base to the southeast.

[CGD 09-88-01, 54 FR 29547, July 13, 1989, asamended 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;USCG-2006-25556, 72 FR 36328, July 2, 2007;USCG-
2007-27373, 72 FR 54834, Sept. 27, 2007]



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 Huronsouthwest 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
                                      northeastalong the shoreline to
                                      Point Huron.
 


Datum: NAD 1983.
    (c) Regulation: No vessel may enter the ``No EntryZone'' or ``Race 
Course'' without prior approval ofthe 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 ofLake 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 theshoreline 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 ``CautionArea'' will be 
operated at bare steerageway, keeping thevessel's wake at a minimum, and 
exercise a high degree of caution.
    (e) Vessel spectator areas: Two Vessel Spectator Areas willbe 
established by the Coast Guard Patrol Commander, on the east andwest 
side of the race course.
    (1) Location: That portion of Lake St. Clair, rectangular inshape, 
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

[[Page 314]]

 
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
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 watchthe 
race. All vessels transiting the ``Vessel SpectatorAreas'' will be 
operated at bare steerageway, keeping thevessel's wake at a minimum, and 
exercise a high degree of caution.
    (f) Patrol Commander--(1) The Coast Guard will patrolthe regulated 
areas under the direction of a designated Coast GuardPatrol 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 PatrolCommander''.
    (2) The Patrol Commander may direct the anchoring, mooring, 
ormovement of any boat or vessel within the regulated area. A 
successionof sharp, short signals by whistle or horn from vessels 
patrolling thearea under the direction of the U.S. Coast Guard Patrol 
Commandershall serve as a signal to stop. Any vessel so signaled shall 
stop andshall comply with the orders of the Patrol Commander. Failure to 
do somay result in expulsion from the area, citation for failure to 
comply,or both.
    (3) The Patrol Commander may establish vessel size and 
speedlimitations, and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within 
theregulated area to vessels having particular operating 
characteristics.
    (5) The Patrol Commander may terminate the marine event or 
theoperation of any vessel at any time it is deemed necessary for 
theprotection of life, limb and property.
    (g) General regulations18490 applicable to allareas--Commercial 
vessels desiring to transit the regulatedareas shall provide prior 
notification to the Coast Guard PatrolCommander. Any vessel traffic 
desiring to transit the regulated areasmay do so only with prior 
approval of the Coast Guard PatrolCommander. Vessels in the regulated 
areas shall comply with thedirections of the Coast Guard Patrol 
Commander.
    (h) Effective date: These regulations will become effectivefrom 11 
A.M. (EDST) until 2 P.M. (EDST), on May 20, 1995, unlessotherwise 
terminated by the Coast Guard Patrol Commander (CommandingOfficer, U.S. 
Coast Guard Station St. Clair Shores, MI), andthereafter annually on the 
third weekend in May, at the sameprescribed times unless otherwise 
specified in the Coast Guard LocalNotice to Mariners.

[CGD09-93-009, 60 FR 29757, June 6, 1995]



Sec. 100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established to include 
allwaters of the Black River from approximately 250 yards upriver to 
200yards downriver of the entrance to the South Haven Municipal 
Marinawithin the following coordinates starting 
at42[deg]24[min]13.6[sec] N, 086[deg]16[min]41[sec] W; thensoutheast 
42[deg]24[min]12.6[sec] N, 086[deg]16[min]40[sec] W;then northeast to 
42[deg]24[min]19.2[sec] N,086[deg]16[min]26.5[sec] W; then northwest 
to42[deg]24[min]20.22[sec] N, 086[deg]16[min]27.4[sec] W; thenback to 
point of origin. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually onthe 
third Saturday of June, from 7 a.m. until 7 p.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.904  Celebrate Americafest, Green Bay, WI.

    (a) Regulated Area. A regulated area is established to include 
allwaters of the Fox River located between the Main Street Bridge 
atposition 44[deg]31[min]06[sec] N, 088[deg]0[min]56[sec] W andthe 
Walnut Street Bridge at position 44[deg]30[min]25[sec] 
N,088[deg]01[min]06[sec] W. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the

[[Page 315]]

permission of theCoast Guard Patrol Commander.
    (c) Effective Date. These regulations are effective annually onthe 
first weekend of July; 2 p.m. to 5 p.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include 
allwaters of Green Bay within a 2000-yard radius from the 
northwesternpoint of Horseshoe Point near Frank E. Murphy County Park in 
position45[deg]00[min]46[sec] N, 087[deg]20[min]30[sec] W. (DATUM: 
NAD83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective July 22, 
2007,July 26 and 27, 2008, July 25 and 26, 2009, July 24 and 25, 2010, 
July23 and 24, 2011; from 7 a.m. to 10 a.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.906  Grand Haven Coast Guard Festival Waterski Show, Grand Haven, MI.

    (a) Regulated Area. All waters of the Grand River at 
WaterfrontStadium from approximately 350 yards upriver to 150 yards 
downriver ofGrand River Lighted Buoy 3A (Lightlist number 19000) within 
thefollowing coordinates: 43[deg]04[min] N, 086[deg]14[min]12[sec]W; 
then east to 43[deg]03[min]56[sec] N, 086[deg]14[min]4[sec]W; then south 
to 43[deg]03[min]45[sec] N, 086[deg]14[min]10[sec]W; then west to 
43[deg]03[min]48[sec] N, 086[deg]14[min]17[sec]W; then back to the point 
of origin. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annuallyAugust 
1st; 7 p.m. to 9 p.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from 
thejunction with the Menomonee River at position 43[deg]01[min]55[sec]N, 
087[deg]54[min]40[sec] W to the Humboldt Avenue Bridge atposition 
43[deg]03[min]25[sec] N, 087[deg]53[min]53[sec] W.(DATUM: NAD 83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually onthe 
third or fourth Saturday of September; from 9 a.m. to 5 p.m. ALocal 
Notice to Mariners will be published and a Broadcast Notice toMariners 
will announce which date is being enforced.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.908  Charlevoix Venetian Night Boat Parade; Charlevoix, MI.

    (a) Regulated Area. All waters of Round Lake, Charlevoix, MI.
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually onthe 
fourth Saturday of July; from 9 p.m. to 11 p.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec. 100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL.

    (a) Regulated Area. All waters of the South Branch of the 
ChicagoRiver from the 18th Street Bridge at position 
41[deg]51[min]28[sec]N, 087[deg]38[min]06[sec] W to the Amtrak Bridge at 
position41[deg]51[min]20[sec] N, 087[deg]38[min]13[sec] W. (DATUM: 
NAD83).
    (b) Special Local Regulations. The regulations ofSec. 100.901 
apply. No vessel may enter, transit through, oranchor within the 
regulated area without the permission of the CoastGuard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually onthe 
third Friday of July from 11:30 a.m. to 5 p.m. and on the thirdSaturday 
of July from 9 a.m. to 5 p.m.

[USCG-2007-27373, 72 FR 54835, Sept. 27, 2007]

[[Page 316]]



Sec. 100.1101  Southern California annual marine events.

    (a) Special local regulations will be established for the 
eventslisted in Table 1. Further information on exact dates, times, 
detailsconcerning the number and type of participants and an 
exactgeographical description of the areas are published by the 
EleventhCoast Guard District in the Local Notice to Mariners at least 20 
daysprior 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 vesselsnot 
registered with the sponsor as participants or official patrolvessels 
are considered spectators. The ``official patrol''consists of any Coast 
Guard, public, state or local law enforcementand/or sponsor provided 
vessels assigned and/or approved, byCommander, Eleventh Coast Guard 
District to patrol each event.
    (1) No spectators shall anchor, block, loiter in, or impede 
thethrough transit of participants or official patrol vessels in 
theregulated area during the effective dates and times, unless 
clearedfor such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, 
aspectator shall come to an immediate stop. Vessels shall comply withall 
directions given, failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control 
themovement of all vessels in the regulated area. The Patrol 
Commandershall be designated by the Commander, Eleventh Coast Guard 
District,and as his or her representative may terminate the event at any 
timeit is deemed necessary for the protection of life and property. He 
orshe may be reached on VHF Channel 16 (156.8 MHz) when required, by 
thecall 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 
followingcoordinates: Lat 33 degrees 56[min]23[sec] N, Long 118 
degrees28[min]20[sec] W, Lat 33 degrees 56[min]23[sec] N, Long 
118degrees 28[min]55[sec] W, Lat 33 degrees 56[min]55[sec] N, Long118 
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 therace 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, boundedby 
the following coordinates; Lat 33 degrees 35.3[min] N, Long 117degrees 
53.3[min] W; Lat 33 degrees 34.9[min] N, Long 117 degrees53.3[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. Thisarea 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 
followingcoordinates; 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 33degrees 59.2[min] N, Long 118 degrees 37.7[min] W; Lat 33 
degrees59.5[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, 
Long118 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 
degrees40[min]43.5[sec] N, Long 117 degrees 10[min]20.5[sec] W; 
northeastto Lat 32 degrees 40[min]48.5[sec] N, Long 117 
degrees10[min]10.5[sec] W; east along the shoreline to Lat 32 
degrees40[min]43.5[sec] N, Long 117 degrees 10[min]00[sec] W; east to 
Lat32 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 degrees09[min]56.5[sec] W; 
east to Lat 32 degrees 40[min]41[sec] N, Long117 degrees 09[min]49[sec] 
W; northeast to Lat 32 degrees40[min]54[sec] N, Long 117 degrees 
09[min]30[sec] W (NavyRestricted Area); thence southwest along shoreline 
to the initialpoint. (2) Fireworks Display Area--from Lat 32 
degrees40[min]41[sec] N, Long 117 degrees 09[min]56.5[sec] W; south 
toLat 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 
degrees09[min]49[sec] W; thence west to the initial point.
Los Angeles to Honolulu Yacht Race (Transpac)

[[Page 317]]

    Sponsor: Transpacific Yacht Club
    Date: 4 July (biennially)
    Location: San Pedro Channel, that portion between Point Fermin 
andPortugese Bend bounded between the following coordinates: Lat 
33degrees, 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 
startof 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 
thefollowing coordinates: starting at Lat 32 degrees 47[min]32[sec] 
N,Long 117 degrees 13[min]00[sec] W, thence due west to Long 117degrees 
13.25[sec] W, thence along the eastern shoreline of CrownPoint to the 
Vacation Isle Bridge, thence south along the bridge toVacation Isle, 
thence along the eastern shoreline of Vacation Isle toLat 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 117degrees 13[min]43[sec] W, 
thence along the western shoreline ofFiesta Island to Lat 32 degrees 
47[min]20[sec] N, Long 117 degrees13[min]00[sec] W, thence due north to 
the starting point.
Head of Harbor Regatta
    Sponsor: University of Southern California, Department 
ofIntercollegiate Athletics
    Date: November
    Location: Los Angeles Harbor, that portion between Berth 191 andthe 
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 
ShorelineDowntown Marina, the Queens Way Bridge and the Queen Mary;
Marina Del Rey Christmas Boat Parade
    Sponsor: Pioneer Skippers Boat Owners Association
    Date: Early December
    Location: Marina del Rey Harbor, Main and entrance channels
Los Angeles Christmas Afloat Parade
    Sponsor: Los Angles Harbor Department
    Date: Early December
    Location: Los Angeles Harbor, that portion between the VincentThomas 
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 andFiesta 
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 mainchannel 
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 
BelmontPier and Oil Island White, Long Beach Harbor, CA.
International Catalina Ski Race
    Sponsor: Long Beach Boat & Ski Club
    Date: Second Sunday in August
    Location: From the Queen Mary at Long Beach, CA to Avalon 
Harbor,Catalina Island and return. Regulated Area: A 1,000 yard corridor 
fromQueens Gate (Long Beach Harbor entrance), directly north to the 
LongBeach 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 3days 
(including the first Friday of October).
    Location: Mission Bay, San Diego, California, from GovernmentIsland 
south to Ski Beach.

[CGD11 86-01, 51 FR 17184, May 9, 1986, as amended byCGD11 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 (BullheadCity, Arizona) and Headgate Dam (Parker, Arizona).

    (a) General. Sponsors are informed that ample lead time isrequired 
to inform all Federal, state, local agencies and/or otherinterested 
parties and to provide the sponsor the best support toensure the safety 
of life and property. A Coast Guard-National ParkService agreement 
exists for both the Glen Canyon and Lake MeadNational Recreational 
Areas; applicants shall contact the cognizantauthority for approval of 
events in these areas.

[[Page 318]]

    (b) The following Special Local Regulations will be issuedfor the 
events listed in Table 1. Further information on exact dates,times, and 
details concerning number and type of participants and anexact 
geographical description of the areas will be published by theEleventh 
Coast Guard District in the Local Notice to Mariners at least20 days 
prior to each event. To be placed on the mailing list,contact: Commander 
(pow), Eleventh Coast Guard District, Coast GuardIsland, Building 50-6, 
Alameda, CA 94501-5100.
    (c) Special local regulations. All persons and/or vesselsnot 
registered with the sponsor as participants or official patrolvessels 
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 
thethrough transit of participants or official patrol vessels in 
theregulated area during the effective dates and times unless cleared 
forsuch entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, 
aspectator shall come to an immediate stop. Vessels shall comply withall 
directions given. Failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control 
themovement of all vessels in the regulated area. The Patrol 
Commandershall be designated by the Commander, Eleventh Coast Guard 
District.As the Commander's representative, the Patrol Commander may 
terminatethe event at any time it is deemed necessary for the protection 
oflife and property. The Patrol Commander may be reached on VHF 
Channel16 (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 
eventsbetween September and December
Where: that portion of Lake Moovalya, Parker, Arizona betweenHeadgate 
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 betweenriver miles 
179 and 185 (between the Roadrunner Resort and HeadgateDam).

                        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 theentrance 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 4days, 
ending on Sunday, per the following schedule: 1.) the first dayof the 
event, the last Thursday of May each year, from 3 p.m. PDT to 5p.m. PDT, 
2.) the second day of the event, Friday, from 8 a.m. PDT to2 p.m. PDT, 
and from 3:30 p.m. PDT to 6 p.m. PDT, 3.) the third day ofthe 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 
thenorthern 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

[[Page 319]]

Date: 5 day event during Thanksgiving weekend
Where: that portion of Thompson Bay, Lake Havasu, Arizona 
startingapproximately 100 yards on bearing of 130[min] T off Spectator 
Point,thence due north approximately 2200 yards, thence due 
westapproximately 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 
startingapproximately 100 yards on bearing of 130[min] T off Spectator 
Point,thence due north approximately 2200 yards, thence due 
westapproximately 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 Marchevery 
year, and lasting a total of 2 days, from 8 a.m. (PST) until 5p.m. (PST) 
each day.
Location: The entire water area of the Colorado River beginning 
atBluewater Marina in Parker, AZ, and extending approximately 10 milesto 
La Paz County Park.

[CGD11- 86-1102, 51 FR 28706, Aug. 11, 1986, asamended 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;USCG-2006-25556, 72 FR 
36327, July 2, 2007]



Sec. 100.1103  Northern California annual marine events.

    (a) General. Special local regulations are established forthe events 
listed in table 1 of this section. Further information onexact dates, 
times, and other details concerning the number and typeof participants 
and an exact geographical description of the areas arepublished by the 
Eleventh Coast Guard District in the Local Notice toMariners at least 20 
days prior to each event. To be placed on themailing list contact: 
Commander (oan), Eleventh Coast Guard District,Coast Guard Island, 
Building 50-6, Alameda, CA94501-5100.

    Note to Paragraph (a):
    Sponsors of events listed inTable 1 of this section must submit an 
application each year asrequired by 33 CFR Part 100, Subpart A, to 
Commander, Coast GuardSector San Francisco, Yerba Buerna Island, San 
Francisco, CA94130-9309.

    (b) Special local regulations. All persons and vessels notregistered 
with the sponsor as participants or with Commander, CoastGuard Sector 
San Francisco as official patrol vessels are consideredspectators. The 
``official patrol'' consists of any CoastGuard, other Federal, state or 
local law enforcement, and any publicor sponsor-provided vessels 
assigned or approved by Commander, CoastGuard Sector San Francisco, to 
patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede thethrough 
transit of participants or official patrol vessels, in theregulated 
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, 
anyspectator located within a regulated area during all 
applicableeffective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid andcontrol 
the movement of all vessels in the regulated area. The PatrolCommander 
shall be designated by the Commander, Coast Guard Sector SanFrancisco; 
will be a U.S. Coast Guard commissioned officer, warrantofficer or petty 
officer to act as the Sector Commander's officialrepresentative; and 
will be located aboard the lead official patrolvessel. As the Sector 
Commander's representative, the PATCOM mayterminate the event any time 
it is deemed necessary for the protectionof 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 
ofcommercial 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.

[[Page 320]]

 
Event Description.........  Professional High-speed powerboat race.
Date......................  Saturday or Sunday in April.
Location..................  San Francisco Waterfront to South Tower of
                             Golden GateBridge.
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 thepoint 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 onthe southeastern side of Tiburon
                             Peninsula to Point Campbell on thenorthern
                             edge of Angel Island, and a line drawn from
                             Peninsula Pointon the southern edge of
                             Tiburon Peninsula to Point Stuart on
                             thewestern edge of Angel Island.
------------------------------------------------------------------------
                    Opening Day on San Francisco Bay
------------------------------------------------------------------------
Sponsor...................  Pacific inter-Club Yacht Association and
                             CorinthianYacht Club.
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 5,000yards to
                             a point located at 37[deg]49.15N,
                             122[deg]25.61W; thenceeasterly 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 regulatedarea shall follow the parade
                             route established by the sponsor and
                             becapable of maintaining an approximate
                             speed of 6 knots.
                            Commercial Vessel Traffic Allowances. The
                             parade will beinterrupted, as necessary, to
                             permit the passage of commercial
                             vesseltraffic. Commercial traffic must
                             cross the parade route at a no-wakespeed
                             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] Wthence to
                            38[deg]03[min]20[sec] N,
                             122[deg]10[min]20[sec] Wthence to
                            38[deg]03[min]48[sec] N,
                             122[deg]13[min]32[sec] Wthence to
                            38[deg]03[min]36[sec] N,
                             122[deg]17[min]37[sec] Wthence to
                            38[deg]03[min]19[sec] N,
                             122[deg]17[min]34[sec] Wthence to
                            38[deg]03[min]35[sec] N,
                             122[deg]13[min]32[sec] Wthence to
                            38[deg]03[min]24[sec] N,
                             122[deg]12[min]01[sec] Wthence to
                            38[deg]02[min]58[sec] N,
                             122[deg]10[min]58[sec] Wthence to
                            38[deg]01[min]55[sec] N,
                             122[deg]09[min]47[sec] Wthence to
                            38[deg]01[min]58[sec] N,
                             122[deg]08[min]31[sec] Wthence 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 Islandand Brown Island.

[[Page 321]]

 
Regulated Area............  The water area of Suisun Bay commencing
                             atSimmons Point on Chipps Island; thence
                             southwesterly to Stake Point onthe southern
                             shore of Suisun Bay; thence easterly
                             following thesouthern shoreline of Suisun
                             Bay and New York Slough to New YorkSlough
                             Buoy 13; thence north-northwesterly to the
                             Northwestern cornerof Fraser Shoal; thence
                             northwesterly to the western tip of
                             ChainIsland; thence west-northwesterly to
                             the northeast tip of Van SickleIsland;
                             thence following the shoreline of Van
                             Sickle Island and ChippsIsland 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
                             offshoreof Golden Gate Yacht club, Gas
                             house Cove, and extending east to Pier45.
                             All mariners may proceed with caution but
                             must keep at least 500foot distance from
                             the competing tugboats.
------------------------------------------------------------------------


[CGD11-99-007, 64 FR 39029, July 21, 1999, asamended by USCG-2006-25556, 
72 FR 36328, July 2, 2007]



Sec. 100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and Blue AngelsDemonstration.

    (a) Effective Periods. This section is effective during theU.S. 
Navy/City of San Francisco Fleetweek Parade of Navy Ships andNavy Blue 
Angels and other airshow activities held annually in earlyOctober, from 
Thursday through Saturday (with a possible Sunday BlueAngels Flight 
Demonstration if weather prevents a Saturdayperformance). Annual notice 
of the specific effective dates and timesof these regulations will be 
published by the Coast Guard in the LocalNotice to Mariners and in the 
Federal Register. To be placed onthe Local Notice to Mariners mailing 
list contact: Commander (oan),Eleventh Coast Guard District, 400 
Oceangate Boulevard, Long Beach, CA90822-5399.
    (b) Regulated Areas: The following areas are designated``regulated 
areas'' during the Navy Parade of Ships andBlue Angels' Flight 
activities.
    (1) Regulated Area ``Alpha'' for Navy Parade ofShips. The waters of 
San Francisco Bay bounded by a line connectingthe 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 BlueAngels Activities. 
The waters of San Francisco Bay bounded by aline 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 ofbeginning.

Datum: NAD 83

    (c) Regulations: All persons and/or vessels not authorizedas 
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/orapproved by Commander, Coast 
Guard Sector San Francisco to patrol theFleetweek event.
    (1) Except for persons or vessels authorized by the Coast 
GuardPatrol Commander, in regulated area ``Alpha'' no person orvessel 
may enter or remain within 500 yards ahead of the lead Navyparade 
vessel, within 200 yards astern of the last parade vessel, andwithin 200 
yards on either side of all parade vessels. No person orvessel shall 
anchor, block, loiter in, or impede the through transitof ship parade

[[Page 322]]

participants or official patrol vessels inregulated area ``Alpha.''
    (2) Except for persons or vessels authorized by the Coast 
GuardPatrol Commander, no person or vessel may enter or remain 
withinregulated area ``Bravo.''
    (3) When hailed and/or signaled by an official patrol vessel, 
aperson or vessel shall come to an immediate stop. Persons or 
vesselsshall comply with all directions given.
    (4) The Patrol Commander shall be designated by the Commander,Coast 
Guard Sector San Francisco, California. The Coast Guard PatrolCommander 
is empowered to forbid and control the movement of allvessels in the 
regulated areas.

[CGD11-89-15, 54 FR 39998, Sept. 29, 1989, asamended by CGD11-91-11, 56 
FR 51332, Oct. 11, 1991;CGD11-93-009, 58 FR 51242, Oct. 1, 1993;USCG--
2006-25556, 72 FR 36328, July 2, 2007]



Sec. 100.1301  Seattle seafair unlimited hydroplane race.

    (a) This section is in effect annually during the last week inJuly 
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 datesduring this time 
frame will be published in the Local Notice toMariners.
    (b) The area where the Coast Guard will restrict generalnavigation 
by this regulation during the hours it is in effect is: Thewaters of 
Lake Washington bounded by the Interstate 90 (Mercer Island/Lacey V. 
Murrow) Bridge, the western shore of Lake Washington, andthe east/west 
line drawn tangent to Bailey Peninsula and along theshoreline of Mercer 
Island.
    (c) The area described in paragraph (b) of this section has 
beendivided into two zones. The zones are separated by a 
lineperpendicular from the I-90 Bridge to the northwest corner ofthe 
East log boom and a line extending from the southeast corner ofthe East 
log boom to the southeast corner of the hydroplane racecourse 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 CoastGuard 
vessels, assisted by Auxiliary Coast Guard vessels, in Zone II.The Coast 
Guard patrol of this area is under the direction of theCoast Guard 
Patrol Commander (the ``Patrol Commander'').The Patrol Commander is 
empowered to control the movement of vesselson the racecourse and in the 
adjoining waters during the periods thisregulation is in effect. The 
Patrol Commander may be assisted by otherfederal, state and local law 
enforcement agencies.
    (e) Only authorized vessels may be allowed to enter Zone I duringthe 
hours this regulation is in effect. Vessels in the vicinity ofZone I 
shall maneuver and anchor as directed by Coast Guard Officersor Petty 
Officers.
    (f) During the times in which the regulation is in effect,swimming, 
wading, or otherwise entering the water in Zone I by anyperson is 
prohibited while hydroplane boats are on the racecourse. Atother times 
in Zone I, any person entering the water from theshoreline shall remain 
west of the swim line, denoted by buoys, andany person entering the 
water from the log boom shall remain withinten (10) feet of the log 
boom.
    (g) During the times in which the regulation is in effect, anyperson 
swimming or otherwise entering the water in Zone II shallremain within 
ten (10) feet of a vessel.
    (h) During the times this regulation is in effect, rafting to alog 
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 
aresecured to a log boom.
    (j) During the times this regulation is in effect, only 
vesselsauthorized by the Patrol Commander, other law enforcement 
agencies orevent sponsors shall be permitted to tow other watercraft 
orinflatable devices.
    (k) Vessels proceeding in either Zone I or Zone II during thehours 
this regulation is in effect shall do so only at speeds whichwill create 
minimum wake, seven (07) miles per hour or less. Thismaximum speed may 
be reduced at the discretion of the PatrolCommander.

[[Page 323]]

    (l) Upon completion of the daily racing activities, allvessels 
leaving either Zone I or Zone II shall proceed at speeds ofseven (07) 
miles per hour or less. The maximum speed may be reduced atthe 
discretion of the Patrol Commander.
    (m) A succession of sharp, short signals by whistle or horn 
fromvessels patrolling the areas under the direction of the 
PatrolCommander shall serve as signal to stop. Vessels signaled shall 
stopand shall comply with the orders of the patrol vessel; failure to 
doso may result in expulsion from the area, citation for failure 
tocomply, or both. The Coast Guard may be assisted by other 
federal,state and local law enforcement agencies, as well as official 
Seafairevent 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 shoreto 
shore, bordered on the north by the Hawthorne Bridge, and on thesouth by 
the Marquam Bridge.
    (b) Definition. For purposes of this section, racearea means an area 
536-meters-long by 80-feet-wide designated bybuoys and floatation line 
markers within the regulated area describedin paragraph (a) of this 
section. The buoys have 4-foot poles attachedto them. Two of the buoys 
are red, one is white, and the other isyellow. The course runs from the 
north side of the Hawthorne bridgesouth along the east bank to the east 
most pier of the Markham bridgeand from the south side of the Markham 
bridge to the east pier of thecenter span. The center span is left open 
to allow commercial trafficthrough during the event. The course then 
continues from the west Pierof the center span and to the first pier 
west on the south side of thepiers and continues north and ends at River 
Place dock.
    (c) Enforcement period. The event is a two-day event whichwill be 
enforced from 8 a.m. (PDT) to 5 p.m. (PDT) on the secondSaturday and 
Sunday of June each year. In 2006, this section will beenforced from 8 
a.m. until 5 p.m. on Saturday, June 10, and Sunday,June 11.
    (d) Special local regulation. (1) Non-participant vesselsare 
prohibited from entering the race area unless authorized by theCoast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor 
asparticipants or not part of the regatta patrol are 
consideredspectators. Spectator vessels must be moored to a waterfront 
facilityin a way that will not interfere with the progress of the event 
orhave permission to enter the area from the event sponsor or CoastGuard 
patrol commander. Spectators must proceed at a safe speed as notto cause 
a wake. This requirement will be strictly enforced topreserve the safety 
of both life and property.
    (3) A succession of sharp, short signals by whistle or horn 
fromvessels patrolling the area under the direction of the 
PatrolCommander shall serve as a signal to stop. Vessels signaled shall 
stopand shall comply with the orders of the patrol vessel. Failure to 
doso may result in expulsion from the area, citation for failure 
tocomply, or both.
    (4) The Coast Guard Patrol Commander may be assisted by 
otherFederal, State and local law enforcement agencies in enforcing 
thisregulation.

[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 
Tuesdaythrough Sunday in July from 8:30 a.m. local time until the last 
raceis completed each day at approximately 7:30 p.m. local time, 
unlesssooner terminated by the Patrol Commander.
    (b) The Coast Guard will restrict general navigation and anchorageby 
this regulation during the hours it is in effect on all waters ofthe 
Columbia River bounded by two lines drawn from shore to shore; thefirst 
line running between position latitude 46[deg]14[min]07[sec]N, longitude 
119[deg]10[min]42[sec] W and position latitude46[deg]13[min]42[sec] N, 
longitude 119[deg]10[min]51[sec] W; andthe second line running between 
position latitude46[deg]13[min]35[sec] N, longitude 
119[deg]07[min]34[sec] W andposition latitude

[[Page 324]]

46[deg]13[min]10[sec] N, longitude119[deg]07[min]47[sec] W. [Datum: NAD 
83]
    (c) When deemed appropriate, the Coast Guard may establish apatrol 
consisting of active and auxiliary Coast Guard personnel andvessels in 
the area described in paragraph (b) of this section. Thepatrol shall be 
under the direction of a Coast Guard officer or pettyofficer designated 
as Coast Guard Patrol Commander. The PatrolCommander is empowered to 
forbid and control the movement of vesselsin the area described in 
paragraph (b) of this section.
    (d) The Patrol Commander may authorize vessels to be underway inthe 
area described in paragraph (b) of this section during the hoursthis 
regulations is in effect. All vessels permitted to be underway inthe 
controlled area (other than racing or official vessels) shall doso only 
at speeds which will create minimum wake consistent withmaintaining 
steerageway, and not to exceed seven (7) miles per hour.This speed limit 
may be adjusted at the discretion of the PatrolCommander to enhance the 
level of safety.
    (e) A succession of sharp, short signals by whistle, siren, orhorn 
from vessels patrolling the area under the direction of the U.S.Coast 
Guard Patrol Commander shall serve as a signal to stop. Vesselssignalled 
shall stop and shall comply with the orders of the patrolvessel 
personnel; failure to do so may result in expulsion from thearea, 
citation for failure to comply, or both.

[CGD13 85-06, 50 FR 25071, June 17, 1985, as amended byCGD13-96-012, 61 
FR 20133, May 6, 1996]



Sec. 100.1304  Annual Seattle Yacht Club's ``Opening Day'' MarineParade.

    (a) Regulated area. All of Portage Bay, with thenorthwestern limit 
being the University Bridge, through the PortageCut (Montlake Cut) into 
and including Union Bay, with the southeasternlimit being an imaginary 
line from Webster Point to the eastern cornerof Foster Island.
    (b) Effective period. This regulation will be in effect from8:00 
a.m. to 3:00 p.m. on the first Saturday of May each year unlessotherwise 
specified in the Thirteenth District Local Notice toMariners.
    (c) Special Local regulations. (1) The regulated area shallbe closed 
for the duration of the event to all vessel traffic notparticipating in 
the event and authorized by the event sponsor orCoast Guard Patrol 
Commander.
    (2) All persons or vessels not registered with the sponsor 
asparticipants or not part of the regatta patrol are 
consideredspectators. Spectator vessels must be at anchor within a 
designatedspectator area or moored to a waterfront facility in a way 
that willnot interfere with the progress of the event. The following 
areestablished 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 
theparticipating vessels departing Union Bay.
    (3) No spectators shall anchor, block, loiter in, or impede 
thethrough transit of participants or official patrol vessels in 
theregulated area during the effective dates and times unless cleared 
forsuch entry by the Patrol Commander.
    (4) Due to the large number of craft confined within this smallbody 
of water, all vessels, both spectator and participants, willmaintain a 
``NO WAKE'' speed. This requirement will bestrictly enforced to preserve 
the safety of both life and property.
    (5) A succession of sharp, short signals by whistle or horn 
fromvessels patrolling the area under the direction of the 
PatrolCommander shall serve as a signal to stop. Vessels signaled shall 
stopand shall comply with the orders of the patrol vessel. Failure to 
doso may result in expulsion from the area, citation for failure 
tocomply, or both.

[CGD13-89-02, 54 FR 19167, May 4, 1989]



Sec. 100.1305  Richland, Washington, west coast outboard championship hydroraces.

    (a) Regulated area. By this regulation, the Coast Guard willrestrict 
general navigation and anchorage on the waters of theColumbia River 
between River Mile 337 and River Mile 339. Thisrestricted area includes 
all waters between the above mile marks inRichland, Washington, and is 
approximately 2 miles long.

[[Page 325]]

    (b) Special local regulations. (1) This event will takeplace from 6. 
a.m. p.d.t. to approximately 5 p.m. p.d.t. on the thirdFriday, Saturday, 
and Sunday of August, annually, in the describedwaters of the Columbia 
River, Richland, Washington.
    (2) No person or vessel may enter or remain in the regulated 
areaexcept for participants in the event, supporting personnel, 
vesselsregistered with the event organizer, and personnel or 
vesselsauthorized by the Coast Guard Patrol Commander.
    (3) Patrol of the described area will be under the direction of 
adesignated Coast Guard Patrol Commander. The Patrol Commander 
isempowered to control the movement of vessels in the regulated area 
andadjoining waters during the hours these regulations are in effect.
    (4) A succession of sharp, short signals by whistle, siren, orhorn, 
from vessels patrolling the area under the direction of thePatrol 
Commander shall serve as a signal to stop. Vessels or personssignaled 
shall stop and shall comply with the orders of the patrolvessel. 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 becomeseffective 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 uponcompletion 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 thatportion 
of Elliott Bay along the Seattle waterfront in Puget Soundbounded by a 
line beginning at: 47[deg]37[min]36[sec] N,122[deg]22[min]42[sec] W; 
thence 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. Thisregulated area resembles a rectangle measuring 
approximately 3,900yards along the shoreline between Pier 57 and Pier 
89, and extendingapproximately 650 yards into Elliott Bay. Temporary 
floating markerswill be placed by the race sponsors to delineate the 
regulated area.[Datum: NAD 1983]
    (b) Special Local Regulations. (1) No person or vessel mayenter or 
remain in the regulated area except for participants in theevent, 
supporting personnel, vessels registered with the eventorganizer, and 
personnel or vessels authorized by the Coast GuardPatrol Commander.
    (2) When deemed appropriate, the Coast Guard may establish apatrol 
consisting of active and auxiliary Coast Guard vessels andpersonnel in 
the area described in paragraph (a) of this section. Thepatrol shall be 
under the direction of a Coast Guard officer or pettyofficer designated 
by the Captain of the Port as the Coast GuardPatrol Commander. The 
Patrol Commander may forbid and control themovement of vessels in the 
area described in paragraph (a) of thissection.
    (3) A succession of sharp, short blasts from whistle or horn 
fromvessels patrolling the area under the direction of the 
PatrolCommander shall serve as a signal to stop. Vessels signaled shall 
stopand comply with the orders of the patrol vessel. Failure to do so 
mayresult in expulsion from the area, citation for failure to comply, 
orboth.
    (c) Enforcement dates. This section is enforced annually onthe 
second or third Saturday in May from 12 p.m. to 4:30 p.m. Theevent will 
be one day only and the specific date will be publishedeach year in the 
Federal Register. In 2005, this section will beenforced from 12 p.m. to 
4:30 p.m. on Saturday May 14.

[CGD13-95-003, 61 FR 16710, Apr. 17, 1996, asamended by CGD13-05-004, 70 
FR 23938, May 6, 2005]



Sec. 100.1307  Special Local Regulations, Strait Thunder Performance, PortAngeles, WA.

    (a) Regulated Areas. (1) The race area encompasses allwaters located 
inside of a line connecting the following pointslocated 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 withina box 
bounded by the following points located near Port Angeles,Washington:


[[Page 326]]


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 thefollowing 
definitions apply:
    (1) Coast Guard Patrol Commander means a commissioned,warrant, or 
petty officer of the Coast Guard who has been designatedby Commander, 
Coast Guard Group Port Angeles. The Coast Guard PatrolCommander is 
empowered to control the movement of vessels in theregulated area.
    (2) Patrol Vessel means any Coast Guard vessel, Coast GuardAuxiliary 
vessel, or other federal, state or local law enforcementvessel.
    (c) Special Local Regulations. (1) Non-participant vesselsare 
prohibited from entering the race area unless authorized by theCoast 
Guard Patrol Commander.
    (2) Spectator craft may remain in the designated spectator areabut 
must follow the directions of the Coast Guard Patrol Commander.Spectator 
craft entering, exiting or moving within the spectator areamust operate 
at speeds, which will create a minimum wake, and notexceed seven knots. 
The maximum speed may be reduced at the discretionof the Patrol 
Commander.
    (3) A succession of sharp, short signals by whistle or horn from 
aPatrol Vessel will serve as a signal to stop. Vessels signaled muststop 
and comply with the orders of the Patrol Vessel. Failure to do somay 
result in expulsion from the area, citation for failure to comply,or 
both.
    (4) The Coast Guard Patrol Commander may be assisted by 
otherfederal, state and local law enforcement agencies in enforcing 
thisregulation.
    (d) Enforcement dates. This section is enforced annually onthe first 
or second Friday, Saturday, and Sunday in October from 9a.m. until 5 
p.m. The event is a three day event and the specificdates will be 
published each year in the Federal Register. In2005, this section will 
be enforced from 9 a.m. until 5 p.m. onFriday, September 30th, to 
Sunday, October 2nd.

[CGD13-05-009, 70 FR 58056, Oct. 5, 2005]

[[Page 327]]

                                  INDEX

                  SUBCHAPTER G_REGATTAS AND MARINE PARADES

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

Aids to navigation, establishment of..............................100.45
Action on Application for event assigned to State regulation 
byCoast Guard-State agreement.....................................100.20
Action on Application for event not assigned to State 
regulationCoast Guard-State agreement.............................100.25
Approval required for holding event...............................100.30
Arizona
Marine events on the Colorado River, between Davis Dam 
(BullheadCity, 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 
AngelsDemonstration.............................................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
Fort Myers Annual Beach Offshore Grand Prix, Fort Myers,FL.......100.717
Fort Myers Beach Annual Air Show, Fort Myers Beach, FL...........100.736
Sarasota Bay Annual Suncoast Kilo Run, Sarasota, FL..............100.718
Suncoast Annual Offshore Grand Prix; Gulf of Mexico, Sarasota,FL 
                                                                 100.720

[[Page 328]]

                                 G

Georgia
Augusta Annual Invitational Rowing Regatta, Savannah 
River,Augusta, GA................................................100.724
Great Lakes annual marine events.................................100.901

                                 I

Illinois
Chinatown Dragon boat Race, Chicago, IL..........................100.909

                                 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
Chesapeakeman Ultra Triathalon, 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
Charlevoix Venetian Night Boat Parade, Charlevoix, MI............100.908
Grand Haven Coast Guard Festival Waterski Show, Grand Haven,MI...100.906
Harborfest Dragon boat Races, South Haven, MI....................100.903
Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores,MI
                                                                 100.902

                                 N

New York
Freeport Grand Prix, Long Beach, NY..............................100.106
New Jersey
Barnegat Bay Classic, Barnegat Bay, Toms River, NJ...............100.502
Fourth of July Fireworks Display, Parker Island, Little EggHarbor, 
NJ...............................................................100.514
Night in Venice, Great Egg Harbor Bay, Ocean City, NJ............100.504
New Jersey Offshore Grand Prix...................................100.505
North Carolina
Wrightsville Channel, Wrightsville Beach, NC.....................100.513

[[Page 329]]

                                 O

Oregon
Annual Dragon Boat Races, Portland, Oregon......................100.1302

                                 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 Harborwalk Boat Race; Sampit River, Georgetown, SC........100.713
Special local regulations.........................................100.35
Special Local Regulations; Marine Events in the Seventh CoastGuard 
District.........................................................100.701
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
Kennewick Annual, Washington, Columbia Unlimited HydroplaneRaces 
                                                                100.1303
National Maritime Week Tugboat Races, Seattle, WA...............100.1306
Richland, Washington, West Coast Outboard Championship HydroRaces 
                                                                100.1305
Seattle Annual Yacht Club's Opening Day Marine Parade...........100.1304
Seattle Seafair Unlimited Hydroplane Race.......................100.1301
Strait Thunder Performance, Port Angeles, WA....................100.1307
Wisconsin
Celebrate Americafest, Greenbay, WI..............................100.904
Door County Triathlon, Door County, WI...........................100.905
Milwaukee River Challenge, Milwaukee, WI.........................100.907

[[Page 330]]



                     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 Security Programs.
101.130 Equivalent security measures.

               Subpart B_Maritime Security (MARSEC) Levels

101.200 MARSEC Levels.
101.205 Department of Homeland Security alignment.

             Subpart C_Communication (Port-Facility-Vessel)

101.300 Preparedness communications.
101.305 Reporting.
101.310 Additional communication devices.

                 Subpart D_Control Measures for Security

101.400 Enforcement.
101.405 Maritime Security (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 SecurityOrganization 
          (RSO). [Reserved]
101.505 Declaration of Security (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; Departmentof Homeland Security Delegation 
No. 0170.1.

    Editorial Note: Nomenclature changes to part 101 appearat 73 FR 
35009, June 19, 2008.

    Source: USCG-2003-14792, 68 FR 39278, July1, 2003.



                            Subpart A_General



Sec. 101.100  Purpose.

    (a) The purpose of this subchapter is:
    (1) To implement portions of the maritime security regime requiredby 
the Maritime Transportation Security Act of 2002, as codified in 
46U.S.C. Chapter 701;
    (2) To align, where appropriate, the requirements of 
domesticmaritime security regulations with the international maritime 
securitystandards in the International Convention for the Safety of Life 
atSea, 1974 (SOLAS Chapter XI-2) and the International Code forthe 
Security of Ships and of Port Facilities, parts A and B, adoptedon 12 
December 2002; and
    (3) To ensure security arrangements are as compatible as possiblefor 
vessels trading internationally.
    (b) For those maritime elements of the national transportationsystem 
where international standards do not directly apply, therequirements in 
this subchapter emphasize cooperation and coordinationwith local port 
community stakeholders, and are based on existingdomestic standards, as 
well as established industry securitypractices.
    (c) The assessments and plans required by this subchapter 
areintended for use in implementing security measures at various 
MARSECLevels. The specific security measures and their implementation 
areplanning criteria based on a set of assumptions made during 
thedevelopment of the security assessment and plan. These assumptions 
maynot exist during an actual transportation security incident.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60470, 
Oct. 22, 2003]



Sec. 101.105  Definitions.

    Unless otherwise specified, as used in this subchapter:
    Alternative Security Program means a third-party or 
industryorganization developed standard that the Commandant has 
determinedprovides an equivalent level of security to that established 
by thissubchapter.
    Area Commander means the U.S. Coast Guard officer designatedby the 
Commandant to command a Coast Guard Area as described in 33 CFRpart 3.

[[Page 331]]

    Area Maritime Security (AMS) Assessment means ananalysis that 
examines and evaluates the infrastructure and operationsof a port taking 
into account possible threats, vulnerabilities, andexisting protective 
measures, procedures and operations.
    Area Maritime Security (AMS) Committee means the 
committeeestablished pursuant to 46 U.S.C. 70112(a)(2)(A). This 
committee canbe the Port Security Committee established pursuant to 
Navigation andVessel Inspection Circular (NVIC) 09-02 change 2, 
availablefrom the cognizant Captain of the Port (COTP) or athttp://
www.uscg.mil/hq/g-m/nvic.
    Area Maritime Security (AMS) Plan means the plan developedpursuant 
to 46 U.S.C. 70103(b). This plan may be the Port Securityplan developed 
pursuant to NVIC 09-02 provided it meets therequirements 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 part3.
    Audit means an evaluation of a security assessment orsecurity plan 
performed by an owner or operator, the owner oroperator's designee, or 
an approved third-party, intended to identifydeficiencies, non-
conformities and/or inadequacies that would renderthe assessment or plan 
insufficient.
    Barge means a non-self-propelled vessel (46 CFR24.10-1).
    Barge fleeting facility means a commercial area, subject 
topermitting by the Army Corps of Engineers, as provided in 33 CFR 
part322, part 330, or pursuant to a regional general permit the purpose 
ofwhich is for the making up, breaking down, or staging of barge tows.
    Breach of security means an incident that has not resultedin a 
transportation security incident, in which security measures havebeen 
circumvented, eluded, or violated.
    Bulk or in bulk means a commodity that is loaded orcarried on board 
a vessel without containers or labels, and that isreceived and handled 
without mark or count.
    Bunkers means a vessel's fuel supply.
    Captain of the Port (COTP) means the local officerexercising 
authority for the COTP zones described in 33 CFR part 3.The COTP is the 
Federal Maritime Security Coordinator described in 46U.S.C. 
70103(a)(2)(G) and also the Port Facility Security Officer asdescribed 
in the ISPS Code, part A.
    Cargo means any goods, wares, or merchandise carried, or tobe 
carried, for consideration, whether directly or indirectly flowingto the 
owner, charterer, operator, agent, or any other personinterested in the 
vessel, facility, or OCS facility, except dredgespoils.
    Cargo vessel means a vessel that carries, or intends tocarry, cargo 
as defined in this section.
    Certain Dangerous Cargo (CDC) means the same as defined in33 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 thissubchapter, or has 
assumed the responsibility for operation of anyfacility, vessel, or OCS 
facility subject to the requirements of thissubchapter, including the 
duties and responsibilities imposed by thissubchapter.
    Company Security Officer (CSO) means the person designatedby the 
Company as responsible for the security of the vessel or OCSfacility, 
including implementation and maintenance of the vessel orOCS facility 
security plan, and for liaison with their respectivevessel or facility 
security officer and the Coast Guard.
    Contracting Government means any government of a nation thatis 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 lastingmore than 24 
hours, of which any part is on the high seas. Passengersfrom cruise 
ships are embarked or disembarked in the U.S. or itsterritories. Cruise 
ships do not include ferries that hold Coast GuardCertificates of 
Inspection endorsed for ``Lakes, Bays, andSounds'', that transit 
international waters for only shortperiods of time on frequent 
schedules.
    Dangerous goods and/or hazardous substances, for thepurposes of this 
subchapter, means cargoes regulated by parts 126,127, or 154 of this 
chapter.

[[Page 332]]

    Dangerous substances or devices means any material,substance, or 
item that reasonably has the potential to cause atransportation security 
incident.
    Declaration of Security (DoS) means an agreement executedbetween the 
responsible Vessel and Facility Security Officer, orbetween Vessel 
Security Officers in the case of a vessel-to-vesselactivity, that 
provides a means for ensuring that all shared securityconcerns are 
properly addressed and security will remain in placethroughout the time 
a vessel is moored to the facility or for theduration of the vessel-to-
vessel activity, respectively.
    District Commander means the U.S. Coast Guard officerdesignated by 
the Commandant to command a Coast Guard Districtdescribed in 33 CFR part 
3.
    Drill means a training event that tests at least onecomponent of the 
AMS, vessel, or facility security plan and is used tomaintain a high 
level of security readiness.
    Escorting means ensuring that the escorted individual iscontinuously 
accompanied while within a secure area in a mannersufficient to observe 
whether the escorted individual is engaged inactivities other than those 
for which escorted access was granted.This may be accomplished via 
having a side-by-side companion ormonitoring, depending upon where the 
escorted individual will begranted access. Individuals without TWICs may 
not enter restrictedareas without having an individual who holds a TWIC 
as a side-by-sidecompanion, except as provided in Sec. Sec. 
104.267,105.257, and 106.262 of this subchapter.
    Exercise means a comprehensive training event that involvesseveral 
of the functional elements of the AMS, vessel, or facilitysecurity plan 
and tests communications, coordination, resourceavailability, and 
response.
    Facility means any structure or facility of any kind locatedin, on, 
under, or adjacent to any waters subject to the jurisdictionof the U.S. 
and used, operated, or maintained by a public or privateentity, 
including any contiguous or adjoining property under commonownership or 
operation.
    Facility Security Assessment (FSA) means an analysis thatexamines 
and evaluates the infrastructure and operations of thefacility taking 
into account possible threats, vulnerabilities,consequences, and 
existing protective measures, procedures andoperations.
    Facility Security Officer (FSO) means the person designatedas 
responsible for the development, implementation, revision andmaintenance 
of the facility security plan and for liaison with theCOTP and Company 
and Vessel Security Officers.
    Facility Security Plan (FSP) means the plan developed toensure the 
application of security measures designed to protect thefacility and its 
servicing vessels or those vessels interfacing withthe facility, their 
cargoes, and persons on board at the respectiveMARSEC Levels.
    Ferry means a vessel which is limited in its use to thecarriage of 
deck passengers or vehicles or both, operates on a shortrun on a 
frequent schedule between two or more points over the mostdirect water 
route, other than in ocean or coastwise service.
    Foreign vessel means a vessel of foreign registry or avessel 
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 
theretodesigned 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 anystructures or appurtenances; and the equipment necessary for 
theperformance of any function referred to in this definition; and
    (2) For operations other than on land, any vessel, floatingdrydock, 
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 ofthe 
vessel under 46 U.S.C. chapter 145, Regulatory Measurement. For avessel 
measured under only 46 U.S.C. chapter 143, ConventionMeasurement, the 
vessel's gross tonnage, ITC is used to apply allthresholds expressed in 
terms of gross register tons.
    Gross tonnage, ITC (GT ITC) means the gross tonnagemeasurement of 
the

[[Page 333]]

vessel under 46 U.S.C. chapter 143, ConventionMeasurement. Under 
international conventions, this parameter may bereferred to as ``gross 
tonnage (GT).''
    Hazardous materials means hazardous materials subject toregulation 
under 46 CFR parts 148, 150, 151, 153, or 154, or 49 CFRparts 171 
through 180.
    Infrastructure means facilities, structures, systems,assets, or 
services so vital to the port and its economy that theirdisruption, 
incapacity, or destruction would have a debilitatingimpact on defense, 
security, the environment, long-term economicprosperity, public health 
or safety of the port.
    International voyage means a voyage between a country towhich SOLAS 
applies and a port outside that country. A country, asused in this 
definition, includes every territory for the internalrelations of which 
a contracting government to the convention isresponsible or for which 
the United Nations is the administeringauthority. For the U.S., the term 
``territory'' includesthe Commonwealth of Puerto Rico, all possessions 
of the United States,and all lands held by the U.S. under a protectorate 
or mandate. Forthe purposes of this subchapter, vessels solely 
navigating the GreatLakes and the St. Lawrence River as far east as a 
straight line drawnfrom Cap des Rosiers to West Point, Anticosti Island 
and, on the northside 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 FacilitySecurity 
Code, as incorporated into SOLAS.
    Maritime Security (MARSEC) Directive means an instructionissued by 
the Commandant, or his/her delegee, mandating specificsecurity measures 
for vessels and facilities that may be involved in atransportation 
security incident.
    Maritime Security (MARSEC) Level means the level set toreflect the 
prevailing threat environment to the marine elements ofthe national 
transportation system, including ports, vessels,facilities, and critical 
assets and infrastructure located on oradjacent to waters subject to the 
jurisdiction of the U.S.
    MARSEC Level 1 means the level for which minimum 
appropriateprotective security measures shall be maintained at all 
times.
    MARSEC Level 2 means the level for which appropriateadditional 
protective security measures shall be maintained for aperiod of time as 
a result of heightened risk of a transportationsecurity incident.
    MARSEC Level 3 means the level for which further specificprotective 
security measures shall be maintained for a limited periodof time when a 
transportation security incident is probable orimminent, although it may 
not be possible to identify the specifictarget.
    Master means the holder of a valid license that authorizesthe 
individual to serve as a Master, operator, or person in charge ofthe 
rated vessel. For the purposes of this subchapter, Master alsoincludes 
the Person in Charge of a MODU, and the operator of anuninspected towing 
vessel.
    OCS Facility means any artificial island, installation, orother 
complex of one or more structures permanently or temporarilyattached to 
the subsoil or seabed of the OCS, erected for the purposeof exploring 
for, developing or producing oil, natural gas or mineralresources. This 
definition includes all mobile offshore drilling units(MODUs) not 
covered under part 104 of this subchapter, when attachedto the subsoil 
or seabed of offshore locations, but does not includedeepwater ports, as 
defined by 33 U.S.C. 1502, or pipelines.
    Operator, Uninspected Towing Vessel means an individual whoholds 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, ormaintains 
operational control over, any facility, vessel, or OCSfacility subject 
to this subchapter. This includes a towing vesselthat has operational 
control of an unmanned vessel when the unmannedvessel is attached to the 
towing vessel and a facility that hasoperational control of an unmanned 
vessel when the unmanned vessel isnot attached to a towing vessel and is 
moored to the facility;attachment begins with the securing of

[[Page 334]]

the first mooring line andends with the casting-off of the last mooring 
line.
    Passenger vessel means--
    (1) On an international voyage, a vessel carrying more than 
12passengers, 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 morethan 
12 passengers, including at least one passenger-for-hire;
    (ii) A vessel of less than 100 gross register tons carrying morethan 
6 passengers, including at least one passenger-for-hire;
    (iii) A vessel that is chartered and carrying more than 
12passengers;
    (iv) A submersible vessel that is carrying at least one passenger-
for-hire; or
    (v) A wing-in-ground craft, regardless of tonnage, that iscarrying 
at least one passenger-for-hire.
    Passenger-for-hire means a passenger for whom considerationis 
contributed as a condition of carriage on the vessel, whetherdirectly 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 personallyselected 
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 
asrecreation, entertainment, retail, or tourism, and not for 
receivingvessels subject to part 104;
    (2) That has minimal infrastructure for servicing vessels subjectto 
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 orSOLAS Chapter 
XI-2.
    Recurring unescorted access means authorization to enter avessel on 
a continual basis after an initial personal identity andcredential 
verification.
    Registered length means the registered length as defined in46 CFR 
part 69.
    Restricted areas mean the infrastructures or locationsidentified in 
an area, vessel, or facility security assessment or bythe operator that 
require limited access and a higher degree ofsecurity protection. The 
entire facility may be designated therestricted area, as long as the 
entire facility is provided theappropriate level of security.
    Review and approval means the process whereby Coast Guardofficials 
evaluate a plan or proposal to determine if it complies withthis 
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 passengersand crew. The 
purpose of the screening is to secure the vitalgovernment interest of 
protecting vessels, harbors, and waterfrontfacilities from destruction, 
loss, or injury from sabotage or othercauses of similar nature. Such 
screening is intended to ensure thatdangerous substances and devices, or 
other items that pose a realdanger of violence or a threat to security 
are not present.
    Secure area means the area on board a vessel or at afacility or 
outer continental shelf facility over which theowner/operator has 
implemented security measures for access control inaccordance with a 
Coast Guard approved security plan. It does notinclude passenger access 
areas, employee access areas, or publicaccess areas, as those terms are 
defined inSec. Sec. 104.106, 104.107, and 105.106, respectively, ofthis 
subchapter. Vessels operating under the waivers provided for at46 U.S.C. 
8103(b)(3)(A) or (B) have no secure areas. Facilitiessubject to part 105 
of this subchapter located in the Commonwealth ofNorthern Mariana 
Islands have no secure areas. Facilities subject topart 105 of this 
subchapter may, with approval of the Coast Guard,designate only those 
portions of their facility that are directlyconnected to maritime 
transportation or are at risk of being involvedin a transportation 
security incident as their secure areas.

[[Page 335]]

    Security sweep means a walkthrough to visually inspectunrestricted 
areas to identify unattended packages, briefcases, orluggage and 
determine that all restricted areas are secure.
    Security system means a device or multiple devices 
designed,installed and operated to monitor, detect, observe or 
communicateabout activity that may pose a security threat in a location 
orlocations on a vessel or facility.
    Sensitive security information (SSI) means informationwithin the 
scope of 49 CFR part 1520.
    SOLAS means the International Convention for the Safety ofLife at 
Sea Convention, 1974, as amended.
    Survey means an on-scene examination and evaluation of thephysical 
characteristics of a vessel or facility, and its securitysystems, 
processes, procedures, and personnel.
    Transportation security incident (TSI) means a securityincident 
resulting in a significant loss of life, environmentaldamage, 
transportation system disruption, or economic disruption in aparticular 
area.
    TWIC means a valid, non-revoked transportation workeridentification 
credential, as defined and explained in 49 CFR part1572.
    TWIC Program means those procedures and systems that avessel, 
facility, or outer continental shelf facility (OCS) mustimplement in 
order to assess and validate TWICs when maintainingaccess control.
    Unaccompanied baggage means any baggage, including personaleffects, 
that is not being brought on board on behalf of a person whois boarding 
the vessel.
    Unescorted access means having the authority to enter andmove about 
a secure area without escort.
    Vessel-to-facility interface means the interaction thatoccurs when a 
vessel is directly and immediately affected by actionsinvolving the 
movement of persons, cargo, vessel stores, or theprovisions of facility 
services to or from the vessel.
    Vessel-to-port interface means the interaction that occurswhen a 
vessel is directly and immediately affected by actionsinvolving the 
movement of persons, cargo, vessel stores, or theprovisions of port 
services to or from the vessel.
    Vessel Security Assessment (VSA) means an analysis thatexamines and 
evaluates the vessel and its operations taking intoaccount possible 
threats, vulnerabilities, consequences, and existingprotective measures, 
procedures and operations.
    Vessel Security Plan (VSP) means the plan developed toensure the 
application of security measures designed to protect thevessel and the 
facility that the vessel is servicing or interactingwith, the vessel's 
cargoes, and persons on board at the respectiveMARSEC Levels.
    Vessel Security Officer (VSO) means the person onboard thevessel, 
accountable to the Master, designated by the Company asresponsible for 
security of the vessel, including implementation andmaintenance of the 
Vessel Security Plan, and for liaison with theFacility Security Officer 
and the vessel's Company Security 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 passengersor 
crew, including any provisions for the vessel's passengers or crew.
    Vessel-to-vessel activity means any activity not related toa 
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 purposesof this 
subchapter, includes all waters described in section 2.36(a)of this 
chapter; the Exclusive Economic Zone, in respect to the livingand non-
living resources therein; and, in respect to facilitieslocated on the 
Outer Continental Shelf of the U.S., the waterssuperjacent thereto.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended 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; USCG-2006-24196, 72 FR 55048, Sept. 
28,2007; USCG-2008-0179, 73 FR 35009, June 19, 2008]



Sec. 101.110  Applicability.

    Unless otherwise specified, this subchapter applies to 
vessels,structures,

[[Page 336]]

and facilities of any kind, located under, in, on, oradjacent to waters 
subject to the jurisdiction of the U.S.



Sec. 101.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into 
thissubchapter with the approval of the Director of the Federal 
Registerunder 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition 
otherthan that specified in paragraph (b) of this section, the Coast 
Guardmust publish notice of change in the Federal Register and 
thematerial must be available to the public. All approved material is 
onfile at the Office of the Coast Guard Port Security Directorate(CG-
54), Coast Guard Headquarters, 2100 Second Street, SW.,Washington, DC 
20593-0001, or at the National Archives andRecords Administration 
(NARA). For information on the availability ofthis 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 sourcesindicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in 
thissubchapter are as follows:

                International Maritime Organization (IMO)

    Publication Section, 4 Albert Embankment, London SE1 7SR, 
UnitedKingdom.

Conference resolution 1, Adoption of        101.120;101.310; 101.410;
 amendments to the Annex tothe               101.505; 104.105; 104.115;
 International Convention for the Safety     104.120; 104.297;104.400.
 of Life at Sea, 1974, andamendments 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 forthe Security of       104.115;104.120; 104.297;
 Ships and of Port Facilities, parts A and   104.400.
 B, adoptedon December 12, 2002 (ISPS
 Code).
 


[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 69 FR 18803, 
Apr. 9, 2004]



Sec. 101.120  Alternatives.

    (a) Alternative Security Agreements. (1) The U.S. mayconclude 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 ContractingGovernments to SOLAS on Alternative Security 
Arrangements coveringshort international voyages on fixed routes between 
facilities subjectto the jurisdiction of the U.S. and facilities in the 
territories ofthose Contracting Governments.
    (2) As further provided in SOLAS Chapter XI-2, Regulation11, a 
vessel covered by such an agreement shall not conduct anyvessel-to-
vessel activity with any vessel not covered by theagreement.
    (b) Alternative Security Programs. (1) Owners and operatorsof 
vessels and facilities required to have security plans under part104, 
105, or 106 of this subchapter, other than vessels that aresubject to 
SOLAS Chapter XI, may meet an Alternative Security Programthat has been 
reviewed and approved by the Commandant (CG-54) asmeeting the 
requirements of part 104, 105, or 106, as applicable.
    (2) Owners or operators must implement an approved 
AlternativeSecurity Program in its entirety to be deemed in compliance 
witheither part 104, 105, or 106.
    (3) Owners or operators who have implemented an AlternativeSecurity 
Program must send a letter to the appropriate plan approvalauthority 
under part 104, 105, or 106 of this subchapter identifyingwhich 
Alternative Security Program they have implemented, identifyingthose 
vessels or facilities that will implement the AlternativeSecurity 
Program, and attesting that they are in full compliancetherewith. A copy 
of this letter shall be retained on board the vesselor kept at the 
facility to which it pertains along with a copy of theAlternative 
Security Program and a vessel, facility, or OuterContinental Shelf 
facility specific security assessment reportgenerated under the 
Alternative Security Program.
    (4) Owners or operators shall make available to the Coast Guard,upon 
request, any information related to implementation of an 
approvedAlternative Security Program.
    (c) Approval of Alternative Security Programs. You mustsubmit to the

[[Page 337]]

Commandant (CG-54) for review and approval theAlternative Security 
Program and the following information to assessthe adequacy of the 
proposed Alternative Security Program:
    (1) A list of the vessel and facility type that the 
AlternativeSecurity Program is intended to apply;
    (2) A security assessment for the vessel or facility type;
    (3) Explanation of how the Alternative Security Program addressesthe 
requirements of parts 104, 105, or 106, as applicable; and
    (4) Explanation of how owners and operators must implement 
theAlternative Security Program in its entirety, including performing 
anoperational and vessel or facility specific assessment andverification 
of implementation.
    (d) Amendment of Approved Alternative Security Programs. 
(1)Amendments to an Alternative Security Program approved under 
thissection may be initiated by--
    (i) The submitter of an Alternative Security Program underparagraph 
(c) of this section; or
    (ii) The Coast Guard upon a determination that an amendment isneeded 
to maintain the security of a vessel or facility. The CoastGuard will 
give the submitter of an Alternative Security Programwritten notice and 
request that the submitter propose amendmentsaddressing any matters 
specified in the notice. The submitter willhave at least 60 days to 
submit its proposed amendments.
    (2) Proposed amendments must be sent to the Commandant (CG-54). 
Ifinitiated by the submitter, the proposed amendment must be submittedat 
least 30 days before the amendment is to take effect unless 
theCommandant (CG-54) allows a shorter period. The Commandant (CG-
54)will approve or disapprove the proposed amendment in accordance 
withparagraph (f) of this section.
    (e) Validity of Alternative Security Program. An AlternativeSecurity 
Program approved under this section is valid for 5 years fromthe date of 
its approval.
    (f) The Commandant (CG-54) will examine each submission 
forcompliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returningto 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter 
withbrief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a 
briefstatement of the reasons for disapproval.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60471, 
Oct. 22, 2003]



Sec. 101.125  Approved Alternative Security Programs.

    The following have been approved, by the Commandant (CG-54), 
asAlternative Security Programs, which may be used by vessel or 
facilityowners or operators to meet the provisions of parts 104, 105, or 
106of this subchapter, as applicable:
    (a) American Gaming Association Alternative Security Program,dated 
September 11, 2003.
    (b) American Waterways Operators Alternative Security Program 
forTugboats, and Towboats and Barges, dated September 24, 2003.
    (c) Passenger Vessel Association Industry Standards for Securityof 
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 
thissubchapter, the owner or operator may substitute an 
equivalentsecurity measure that has been approved by the Commandant (CG-
54) asmeeting or exceeding the effectiveness of the required measure. 
TheCommandant (CG-54) may require that the owner or operator provide 
datafor use in assessing the effectiveness of the proposed 
equivalentsecurity measure.
    (b) Requests for approval of equivalent security measures shouldbe 
made to the appropriate plan approval authority under parts 104,105 or 
106 of this subchapter.

[[Page 338]]



               Subpart B_Maritime Security (MARSEC) Levels



Sec. 101.200  MARSEC Levels.

    (a) MARSEC Levels advise the maritime community and the public ofthe 
level of risk to the maritime elements of the nationaltransportation 
system. Ports, under direction of the local COTP, willrespond to changes 
in the MARSEC Level by implementing the measuresspecified in the AMS 
Plan. Similarly, vessels and facilities requiredto have security plans 
under part 104, 105, or 106 of this subchaptershall implement the 
measures specified in their security plans for theapplicable MARSEC 
Level.
    (b) Unless otherwise directed, each port, vessel, and facilityshall 
operate at MARSEC Level 1.
    (c) The Commandant will set the MARSEC Level consistent with 
theequivalent Homeland Security Advisory System (HSAS) Threat 
Conditionand that Threat Condition's scope of application. 
Notwithstanding theHSAS, the Commandant retains discretion to adjust the 
MARSEC Levelwhen necessary to address any particular security concerns 
orcircumstances related to the maritime elements of the 
nationaltransportation system.
    (d) The COTP may temporarily raise the MARSEC Level for the port,a 
specific marine operation within the port, or a specific industrywithin 
the port, when necessary to address an exigent circumstanceimmediately 
affecting the security of the maritime elements of thetransportation 
system in his/her area of responsibility.



Sec. 101.205  Department of Homeland Security alignment.

    The MARSEC Levels are aligned with the Department of 
HomelandSecurity's Homeland Security Advisory System (HSAS), established 
byHomeland Security Presidential Directive 3. Table 101.205, 
titled``Relation between HSAS and MARSEC Levels'' in thissection, shows 
this alignment.

          Table 101.205--Relation Between HSAS andMARSEC Levels
------------------------------------------------------------------------
  Homeland security advisory system       Equivalent maritime security
        (HSAS) threatcondition                   (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, asamended 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 willcommunicate 
any changes in the MARSEC Levels through a local BroadcastNotice to 
Mariners, an electronic means, if available, or as detailedin the AMS 
Plan.
    (b) Communication of threats. When the COTP is made aware ofa threat 
that may cause a transportation security incident, the COTPwill, 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 orfacility 
required to have a security plan under parts 104 or 105 ofthis 
subchapter affected by a change in the MARSEC Level must 
ensureconfirmation to their local COTP the attainment of measures or 
actionsdescribed in their security plan and any other requirements 
imposed bythe COTP that correspond with the MARSEC Level being imposed 
by thechange.
    (2) Each owner or operator of a facility required to have asecurity 
plan under part 106 of this subchapter affected by a changein the MARSEC 
Level must ensure confirmation to

[[Page 339]]

their cognizantDistrict Commander the attainment of measures or actions 
described intheir security plan and any other requirements imposed by 
the DistrictCommander or COTP that correspond with the MARSEC Level 
being imposedby the change.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.305  Reporting.

    (a) Notification of suspicious activities. An owner oroperator 
required to have a security plan under part 104, 105, or 106of this 
subchapter shall, without delay, report activities that mayresult in a 
transportation security incident to the National ResponseCenter at the 
following toll free telephone:1-800-424-8802, direct telephone202-267-
2675, or TDD 202-267-4477. Anyother person or entity is also encouraged 
to report activities thatmay result in a transportation security 
incident to the NationalResponse Center.
    (b) Notification of breaches of security. An owner oroperator 
required to have a security plan under parts 104, 105, or 106of this 
subchapter shall, without delay, report breaches of securityto the 
National Response Center via one of the means listed inparagraph (a) of 
this section.
    (c) Notification of transportation security incident (TSI).(1) Any 
owner or operator required to have a security plan under part104 or 105 
of this subchapter shall, without delay, report a TSI totheir local COTP 
and immediately thereafter begin following theprocedures set out in 
their security plan, which may includecontacting the National Response 
Center via one of the means listed inparagraph (a) of this section.
    (2) Any owner or operator required to have a security plan underpart 
106 of this subchapter shall, without delay, report a TSI totheir 
cognizant District Commander and immediately thereafter beginfollowing 
the procedures set out in their security plan, which mayinclude 
contacting the National Response Center via one of the meanslisted in 
paragraph (a) of this section.
    (d) Callers to the National Response Center should be prepared 
toprovide as much of the following information as possible:
    (1) Theirown name and contact information;
    (2) The name and contact information of the suspicious orresponsible 
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, asamended 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;USCG-2008-0179, 73 FR 
35009, June 19, 2008]



Sec. 101.310  Additional communication devices.

    (a) Alert Systems. Alert systems, such as the ship securityalert 
system required in SOLAS Chapter XI-2, Regulation 6(Incorporated by 
reference, see Sec. 101.115), may be usedto augment communication and 
may be one of the communication methodslisted in a vessel or facility 
security plan under part 104, 105, or106 of this subchapter.
    (b) Automated Identification Systems (AIS). AIS may be usedto 
augment communication, and may be one of the communication methodslisted 
in a vessel security plan under part 104 of this subchapter.See 33 CFR 
part 164 for additional information on AIS devicerequirements.



                 Subpart D_Control Measures for Security



Sec. 101.400  Enforcement.

    (a) The rules and regulations in this subchapter are enforced bythe 
COTP under the supervision and general direction of the 
DistrictCommander, Area Commander, and the Commandant. All authority and 
powervested in the COTP by the rules and regulations in this subchapter 
isalso vested in, and may be exercised by, the District Commander, 
AreaCommander, and the Commandant.
    (b) The COTP, District Commander, Area Commander, or Commandantmay 
assign the enforcement authority described in paragraph (a) ofthis 
section to any other officer or petty officer of the Coast Guardor other 
designees authorized by the Commandant.

[[Page 340]]

    (c) The provisions in this subchapter do not limit the 
powersconferred upon Coast Guard commissioned, warrant, or petty 
officers byany other law or regulation, including but not limited to 33 
CFR parts6, 160, and 165.



Sec. 101.405  Maritime Security (MARSEC) Directives.

    (a)(1) When the Coast Guard determines that additional 
securitymeasures are necessary to respond to a threat assessment or to 
aspecific threat against the maritime elements of the 
nationaltransportation system, the Coast Guard may issue a MARSEC 
Directivesetting forth mandatory measures. Only the Commandant or his/
herdelegee may issue MARSEC Directives under this section. Prior 
toissuing a MARSEC Directive, the Commandant or his/her delegee 
willconsult with those Federal agencies having an interest in the 
subjectmatter of that MARSEC Directive. All MARSEC Directives issued 
underthis 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 
willimmediately publish a notice in the Federal Register, andaffected 
owners and operators will need to go to their local COTP orcognizant 
District Commander to acquire a copy of the MARSECDirective. COTPs and 
District Commanders will require owners oroperators to prove that they 
are a person required by 49 CFR 1520.5(a)to restrict disclosure of and 
access to sensitive securityinformation, and that under 49 CFR 
1520.5(b), they have a need to knowsensitive security information.
    (b) Each owner or operator of a vessel or facility to whom aMARSEC 
Directive applies is required to comply with the relevantinstructions 
contained in a MARSEC Directive issued under this sectionwithin the time 
prescribed by that MARSEC Directive.
    (c) Each owner or operator of a vessel or facility required tohave a 
security plan under parts 104, 105 or 106 of this subchapterthat 
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, ifa facility 
regulated under part 106 of this subchapter, to theircognizant District 
Commander; and
    (2) Within the time prescribed in the MARSEC Directive, specifythe 
method by which the measures in the MARSEC Directive have 
beenimplemented (or will be implemented, if the MARSEC Directive is 
notyet effective).
    (d) In the event that the owner or operator of a vessel orfacility 
required to have a security plan under part 104, 105, or 106of this 
subchapter is unable to implement the measures in the MARSECDirective, 
the owner or operator must submit proposed equivalentsecurity measures 
and the basis for submitting the equivalent securitymeasures to the COTP 
or, if a facility regulated under part 106 ofthis subchapter, to their 
cognizant District Commander, for approval.
    (e) The owner or operator must submit the proposed 
equivalentsecurity measures within the time prescribed in the MARSEC 
Directive.The owner or operator must implement any equivalent security 
measuresapproved by the COTP, or, if a facility regulated under part 106 
ofthis subchapter, by their cognizant District Commander.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended 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 thissubchapter. 
COTPs or their designees are the officers duly authorizedto exercise 
control and compliance measures under SOLAS ChapterXI-2, Regulation 9, 
and the ISPS Code (Incorporated byreference, see Sec. 101.115).
    (b) Control and compliance measures for vessels not in 
compliancewith this subchapter may include, but are not limited to, one 
or moreof 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;

[[Page 341]]

    (7) Lesser administrative and corrective measures; or
    (8) Suspension or revocation of a security plan approved by theU.S., 
thereby making that vessel ineligible to operate in, on, orunder waters 
subject to the jurisdiction of the U.S. in accordancewith 46 U.S.C. 
70103(c)(5).
    (c) Control and compliance measures for facilities not incompliance 
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, 
therebymaking that facility ineligible to operate in, on, under or 
adjacentto waters subject to the jurisdiction of the U.S. in accordance 
with46 U.S.C. 70103(c)(5).
    (d) Control and compliance measures under this section may beimposed 
on a vessel when it has called on a facility or at a port thatdoes not 
maintain adequate security measures to ensure that the levelof security 
to be achieved by this subchapter has not beencompromised.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.415  Penalties.

    (a) Civil and criminal penalty. Violation of any order orother 
requirement imposed under section 101.405 of this part ispunishable 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. 70119, anyperson who 
does not comply with any other applicable requirement underthis 
subchapter, including a Maritime Security Directive, shall beliable to 
the U.S. for a civil penalty of not more than $ 25,000 foreach 
violation. Enforcement and administration of this provision willbe in 
accordance with 33 CFR 1.07.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended by USCG-2008-
0179, 73 FR 35009, June 19, 2008]



Sec. 101.420  Right to appeal.

    (a) Any person directly affected by a decision or action taken bya 
COTP under this subchapter, may appeal that action or decision tothe 
cognizant District Commander according to the procedures in 46 CFR1.03-
15.
    (b) Any person directly affected by a decision or action taken bya 
District Commander, whether made under this subchapter generally 
orpursuant to paragraph (a) of this section, with the exception of 
thosedecisions made under Sec. 101.410 of this subpart, mayappeal that 
decision or action to the Commandant (CG-54), according tothe procedures 
in 46 CFR 1.03-15. Appeals of District Commanderdecisions or actions 
made under Sec. 101.410 of this subpartshould be made to the Commandant 
(CG-543), according to the proceduresin 46 CFR 1.03-15.
    (c) Any person directly affected by a decision or action taken bythe 
Commanding Officer, Marine Safety Center, under this subchapter,may 
appeal that action or decision to the Commandant (CG-54) accordingto the 
procedures in 46 CFR 1.03-15.
    (d) Decisions made by Commandant (CG-54), whether made under 
thissubchapter generally or pursuant to the appeal provisions of 
thissection, are considered final agency action.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003;USCG-2008-0179, 73 FR 35009, 
June 19, 2008]



                       Subpart E_Other Provisions



Sec. 101.500  Procedures for authorizing a RecognizedSecurity Organization (RSO). [Reserved]



Sec. 101.505  Declaration of Security (DoS).

    (a) The purpose of a DoS, as described in SOLAS ChapterXI-2, 
Regulation 10, and the ISPS Code (Incorporated byreference, see Sec. 
101.115), is to state the agreementreached between a vessel and a 
facility, or between vessels in thecase of a vessel-to-vessel activity, 
as to the respective securitymeasures each must undertake during a 
specific vessel-to-facilityinterface, during a series of interfaces 
between the vessel and

[[Page 342]]

the facility, or during a vessel-to-vessel activity.
    (b) Details as to who must complete a DoS, when a DoS must 
becompleted, and how long a DoS must be retained are included in 
parts104 through 106 of this subchapter. A DoS must, at a minimum, 
includethe information found in the ISPS Code, part B, appendix 
1(Incorporated by reference, see Sec. 101.115).
    (c) All vessels and facilities required to comply with parts 
104,105, and 106 of this subchapter must, at a minimum, comply with 
theDoS requirements of the MARSEC Level set for the port.
    (d) The COTP may also require a DoS be completed for vessels 
andfacilities during periods of critical port operations, special 
marineevents, or when vessels give notification of a higher MARSEC 
Levelthan that set in the COTP's Area of Responsibility (AOR).

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003]



Sec. 101.510  Assessment tools.

    Ports, vessels, and facilities required to conduct 
securityassessments by part 103, 104, 105, or 106 of this subchapter may 
useany 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 athttp://
www.tsa.gov/risk; and
    (b) USCG assessment tools, available from the cognizant COTP or 
athttp://www.uscg.mil/hq/g-m/nvic, as set out in the following:
    (1) Navigation and Vessel Inspection Circular titled,``Guidelines 
for Port Security Committees, and Port SecurityPlans Required for U.S. 
Ports'' (NVIC 9-02 change 2);
    (2) Navigation and Vessel Inspection Circular titled,``Security 
Guidelines for Vessels'', (NVIC 10-02change 1); and
    (3) Navigation and Vessel Inspection Circular titled,``Security 
Guidelines for Facilities'', (NVIC 11-02change 1).

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003; USCG-2008-0179,73 FR 35009, June 19, 2008]



Sec. 101.514  TWIC Requirement.

    (a) All persons requiring unescorted access to secure areas 
ofvessels, facilities, and OCS facilities regulated by parts 104, 105 
or106 of this subchapter must possess a TWIC before such access 
isgranted, except as otherwise noted in this section. A TWIC must 
beobtained via the procedures established by TSA in 49 CFR part 1572.
    (b) Federal officials are not required to obtain or possess aTWIC. 
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 thissubchapter, a federal 
official must present his/her agency issued,HSPD 12 compliant 
credential. Until each agency issues its HSPD 12compliant cards, Federal 
officials may gain unescorted access by usingtheir agency's official 
credential. The COTP will advise facilitiesand vessels within his or her 
area of responsibility as agencies comeinto compliance with HSPD 12.
    (c) Law enforcement officials at the State or local level are 
notrequired to obtain or possess a TWIC to gain unescorted access 
tosecure areas. They may, however, voluntarily obtain a TWIC where 
theiroffices fall within or where they require frequent unescorted 
accessto a secure area of a vessel, facility or OCS facility.
    (d) Emergency responders at the State, or local level are 
notrequired to obtain or possess a TWIC to gain unescorted access 
tosecure areas during an emergency situation. They may, 
however,voluntarily obtain a TWIC where their offices fall within or 
wherethey desire frequent unescorted access to a secure area of a 
vessel,facility or OCS facility in non-emergency situations.
    (e) Before April 15, 2009, mariners do not need to obtain orpossess 
a TWIC but may be provided unescorted access to secure areasof vessels, 
facilities, and OCS facilities regulated by parts 104, 105or 106 of this 
subchapter if they are able to show one of thefollowing:
    (1) A valid Merchant Mariner Document (MMD);
    (2) A valid Merchant Mariner License and a valid 
photoidentification; or
    (3) A valid Certificate of Registry and a valid photoidentification.

[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007, asamended at 73 FR 25565, 
May 7, 2008]

[[Page 343]]



Sec. 101.515  TWIC/Personal Identification.

    (a) Persons not described in Sec. 101.514 of this partshall be 
required to present personal identification in order to gainentry 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, whileinside a secure area. This 
personal 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'scurrent 
facial appearance; and
    (4) Bear the name of the issuing authority.
    (b) The issuing authority in paragraph (a)(4) of this section 
mustbe:
    (1) A government authority, or an organization authorized to actof 
behalf of a government authority; or
    (2) The individual's employer, union, or trade association.
    (c) Vessel, facility, and OCS facility owners and operators 
mustpermit law enforcement officials, in the performance of their 
officialduties, who present proper identification in accordance with 
thissection and Sec. 101.514 of this part to enter or board thatvessel, 
facility, or OCS facility at any time, without delay orobstruction. Law 
enforcement officials, upon entering or boarding avessel, facility, or 
OCS facility, will, as soon as practicable,explain their mission to the 
Master, owner, or operator, or theirdesignated agent.
    (d) Inspection of credential. (1) Each person who has beenissued or 
possesses a TWIC must present the TWIC for inspection upon arequest from 
TSA, the Coast Guard, or other authorized DHSrepresentative; an 
authorized representative of the NationalTransportation Safety Board; or 
a Federal, State, or local lawenforcement officer.
    (2) Each person who has been issued or who possesses a TWIC 
mustallow his or her TWIC to be read by a reader and must submit his 
orher reference biometric, such as a fingerprint, and any other 
requiredinformation, 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 MARITIMETRANSPORTATION SECURITY 
                               [RESERVED]



PART 103_MARITIME SECURITY: AREA MARITIMESECURITY--Table of Contents




                            Subpart A_General

Sec.
103.100 Applicability.
103.105 Definitions.

 Subpart B_Federal Maritime Security Coordinator (FMSC)Designation and 
                               Authorities

103.200 Designation of the Federal Maritime SecurityCoordinator (FMSC).
103.205 Authority of the COTP as the Federal MaritimeSecurity 
          Coordinator (FMSC).

            Subpart C_Area Maritime Security (AMS) Committee

103.300 Area Maritime Security (AMS) Committee.
103.305 Composition of an Area Maritime Security (AMS)Committee.
103.310 Responsibilities of the Area Maritime Security (AMS)Committee.

            Subpart D_Area Maritime Security (AMS) Assessment

103.400 General.
103.405 Elements of the Area Maritime Security (AMS)Assessment.
103.410 Persons involved in the Area Maritime Security (AMS)Assessment.

               Subpart E_Area Maritime Security (AMS) Plan

103.500 General.
103.505 Elements of the Area Maritime Security (AMS) Plan.
103.510 Area Maritime Security (AMS) Plan review andapproval.
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 Security Delegation No.0170.1.

[[Page 344]]


    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.



Sec. 103.105  Definitions.

    Except as specifically stated in this subpart, the definitions 
inpart 101 of this subchapter apply to this part.



 Subpart B_Federal Maritime Security Coordinator (FMSC)Designation and 
                               Authorities



Sec. 103.200  Designation of the Federal Maritime Security Coordinator (FMSC).

    The COTPs are the Federal Maritime Security Coordinators for 
theirrespective COTP zones described in 33 CFR part 3, including all 
portsand areas located therein.



Sec. 103.205  Authority of the COTP as the Federal Maritime Security Coordinator(FMSC).

    (a) Without limitation to the authority vested in the COTP bystatute 
or regulation, and in addition to authority prescribedelsewhere in this 
part, the COTP as the FMSC is authorized to:
    (1) Establish, convene, and direct the Area Maritime Security(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 ofthis part.
    (b) The authorizations in paragraph (a) of this section do notlimit 
any other existing authority of the COTP.



            Subpart C_Area Maritime Security (AMS) Committee



Sec. 103.300  Area Maritime Security (AMS) Committee.

    (a) The AMS Committee is established under the direction of theCOTP 
and shall assist in the development, review, and update of theAMS Plan 
for their area of responsibility. For the purposes of thissubchapter, 
Port Security Committees that were established prior toJuly 1, 2003, 
according to guidance issued by the Coast Guard, may beconsidered AMS 
Committees, provided they conform to the proceduresestablished by this 
part and satisfy the membership requirements ofSec. 103.305 of this 
part.
    (b) The AMS Committee will operate under terms specified in awritten 
charter. At a minimum, the charter must address:
    (1) The AMS Committee's purpose and geographic area 
ofresponsibility;
    (2) Rules for membership;
    (3) The AMS Committee's organizational structure and proceduralrules 
of order;
    (4) Frequency of meetings, to include not less than once in 
acalendar year or when requested by a majority of the AMS 
Committeemembers;
    (5) Guidelines for public access to AMS Committee meetings 
andrecords; and
    (6) Rules for handling and protecting classified, sensitivesecurity, 
commercially sensitive, and proprietary information.



Sec. 103.305  Composition of an Area Maritime Security (AMS) Committee.

    (a) An AMS Committee will be composed of not less than sevenmembers 
having an interest in the security of the area and who may beselected 
from--
    (1) The Federal, Territorial, or Tribal government;
    (2) The State government and political subdivisions thereof;
    (3) Local public safety, crisis management and emergency 
responseagencies;
    (4) Law enforcement and security organizations;
    (5) Maritime industry, including labor;

[[Page 345]]

    (6) Other port stakeholders having a special competence inmaritime 
security; and
    (7) Port stakeholders affected by security practices and policies.
    (b) At least seven of the members must each have 5 or more yearsof 
experience related to maritime or port security operations.
    (c) Members appointed under this section serve for a term of notmore 
than five years. In appointing members, the FMSC should considerthe 
skills required by Sec. 103.410 of this part. With theexception of 
credentialed Federal, state and local officials, all AMSCommittee 
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, asamended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3579, Jan. 25, 2007]



Sec. 103.310  Responsibilities of the Area Maritime Security (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 evaluateoverall 
port security by considering consequences and vulnerabilities,how they 
may change over time, and what additional mitigationstrategies can be 
applied; and
    (5) Provide advice to, and assist the COTP in, developing the 
AMSPlan.
    (b) The AMS Committee shall also serve as a link for 
communicatingthreats and changes in MARSEC Levels, and disseminating 
appropriatesecurity information to port stakeholders.



            Subpart D_Area Maritime Security (AMS) Assessment



Sec. 103.400  General.

    (a) The Area Maritime Security (AMS) Committee will ensure that 
arisk based AMS Assessment, is completed and meets the 
requirementsspecified in Sec. 103.310 of this part andSec. 101.510 of 
this subchapter, incorporating the elementsspecified in Sec. 103.405 of 
this part.
    (b) AMS Assessments can be completed by the COTP, the AMSCommittee, 
a Coast Guard Port Security Assessment team, or by anotherthird party 
approved by the AMS Committee.
    (c) Upon completion of each AMS Assessment, a written report,which 
is designated sensitive security information, must be preparedconsisting 
of:
    (1) A summary of how the AMS Assessment was conducted;
    (2) A description of each vulnerability and consequences foundduring 
the AMS Assessment; and
    (3) A description of risk reduction strategies that could be usedto 
ensure continued operation at an acceptable risk level.



Sec. 103.405  Elements of the Area Maritime Security (AMS) Assessment.

    (a) The AMS Assessment must include the following elements:
    (1) Identification of the critical Marine Transportation 
Systeminfrastructure and operations in the port;
    (2) Threat assessment that identifies and evaluates each 
potentialthreat on the basis of various factors, including capability 
andintention;
    (3) Consequence and vulnerability assessment for eachtarget/scenario 
combination; and
    (4) A determination of the required security measures for thethree 
MARSEC Levels.
    (b) In order to meet the elements listed in paragraph (a) of 
thissection, an AMS Assessment should consider each of the following:
    (1) Physical security of infrastructure and operations at theport;
    (2) Structures considered critical for the continued operation ofthe 
port;
    (3) Existing security systems and equipment available to 
protectmaritime personnel;
    (4) Procedural policies;
    (5) Radio and telecommunication systems, including computersystems 
and networks;
    (6) Relevant transportation infrastructure;
    (7) Utilities;

[[Page 346]]

    (8) Security 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 
beprotected in accordance with 49 CFR part 1520.



Sec. 103.410  Persons involved in the Area Maritime Security (AMS) Assessment.

    The persons carrying out the AMS Assessment must have theappropriate 
skills to evaluate the security of the port in accordancewith this part. 
This includes being able to draw upon expertassistance in relation to:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances, anddevices;
    (c) Recognition, on a non-discriminatory basis, of 
characteristicsand behavioral patterns of persons who are likely to 
threatensecurity;
    (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 
andport 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 computersystems 
and networks;
    (l) Transportation and civil engineering;
    (m) Vessel and port operations; and
    (n) Knowledge of the impact, including cost impacts ofimplementing 
security measures on port operations.



               Subpart E_Area Maritime Security (AMS) Plan



Sec. 103.500  General.

    (a) The Area Maritime Security (AMS) Plan is developed by theCOTP, 
in consultation with the AMS Committee, and is based on an AMSAssessment 
that meets the provisions of subpart D of this part. TheAMS Plan must be 
consistent with the National Maritime TransportationSecurity Plan and 
the National Transportation Security Plan.
    (b) Portions of the AMS Plan may contain sensitive 
securityinformation, and those portions must be marked as such and 
protectedin accordance with 49 CFR part 1520.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, asamended at 68 FR 60482, 
Oct. 22, 2003]



Sec. 103.505  Elements of the Area Maritime Security (AMS) Plan.

    The AMS Plan should address the following elements, as applicable:
    (a) Details of both operational and physical measures that are 
inplace in the port at MARSEC Level 1;
    (b) Details of the additional security measures that enable theport 
to progress, without delay, to MARSEC Level 2 and, whennecessary, to 
MARSEC Level 3;
    (c) Details of the security incident command-and-responsestructure;
    (d) Details for regular audit of the AMS Plan, and for itsamendment 
in response to experience or changing circumstances;
    (e) Measures to prevent the introduction of dangerous substancesand 
devices into designated restricted areas within the port;
    (f) Measures to prevent unauthorized access to designatedrestricted 
areas within the port (e.g., TWIC);
    (g) Procedures and expected timeframes for responding to 
securitythreats or breaches of security, including provisions for 
maintaininginfrastructure and operations in the port;
    (h) Procedures for responding to any security instructions theCoast 
Guard announces at MARSEC Level 3;
    (i) Procedures for evacuation within the port in case of 
securitythreats 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, 
FacilitySecurity Officers (FSO), Company Security Officers (CSO), 
VesselSecurity Officers (VSO), public safety officers, emergency 
responsepersonnel, and crisis

[[Page 347]]

management organization representativeswithin the port, including 24-
hour contact details;
    (m) Measures to ensure the security of the information containedin 
the AMS Plan;
    (n) Security measures designed to ensure effective security 
ofinfrastructure, special events, vessels, passengers, cargo, and 
cargohandling equipment at facilities within the port not otherwise 
coveredby a Vessel or Facility Security Plan, approved under part 104, 
105,or 106 of this subchapter;
    (o) Procedures to be taken when a vessel is at a higher 
securitylevel than the facility or port it is visiting;
    (p) Procedures for responding if a vessel security alert system 
onboard a vessel within or near the port has been activated;
    (q) Procedures for communicating appropriate security and 
threatinformation to the public;
    (r) Procedures for handling reports from the public and 
maritimeindustry regarding suspicious activity;
    (s) The jurisdiction of Federal, State, Indian Tribal, and 
localgovernment agencies and law enforcement entities over area 
securityrelated matters;
    (t) Security resources available for incident response and 
theircapabilities;
    (u) Procedures for responding to a TSI;
    (v) Procedures to facilitate the recovery of the 
MarineTransportation System after a TSI; and
    (w) Identification of any facility otherwise subject to part 105of 
this subchapter that the COTP has designated as a public accessfacility 
within the area, the security measures that must beimplemented at the 
various MARSEC Levels, and who is responsible forimplementing those 
measures.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, asamended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3579, Jan. 25, 2007]



Sec. 103.510  Area Maritime Security (AMS) Plan review and approval.

    Each AMS Plan will be submitted to the cognizant DistrictCommander 
for review and then forwarded to the Area Commander forapproval.



Sec. 103.515  Exercises.

    (a) The COTP shall coordinate with the Area Maritime Security(AMS) 
Committee to conduct or participate in an exercise at least onceeach 
calendar year, with no more than 18 months between exercises, totest 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 
orpersonnel deployment is required;
    (2) A field training exercise consisting of personnel deploymentand 
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 approvalby 
the cognizant Area Commander, the requirements of this section maybe 
satisfied by--
    (1) Participation of the COTP and appropriate AMS Committeemembers 
or other appropriate port stakeholders in an emergencyresponse or crisis 
management exercise conducted by anothergovernmental agency or private 
sector entity, provided that theexercise addresses components of the AMS 
Plan;
    (2) An actual increase in MARSEC Level; or
    (3) Implementation of enhanced security measures enumerated in 
theAMS Plan during periods of critical port operations or special 
marineevents.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, asamended at 68 FR 60483, 
Oct. 22, 2003]



Sec. 103.520  Recordkeeping.

    (a) All records pertaining to the Area Maritime Security 
(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.

[[Page 348]]

104.115 Compliance.
104.120 Compliance documentation.
104.125 Noncompliance.
104.130 Waivers.
104.135 Equivalents.
104.140 Alternative Security Programs.
104.145 Maritime Security (MARSEC) Directive.
104.150 Right to appeal.

                 Subpart B_Vessel Security Requirements

104.200 Owner or operator.
104.205 Master.
104.210 Company Security Officer (CSO).
104.215 Vessel Security Officer (VSO).
104.220 Company or vessel personnel with security duties.
104.225 Security training for all other vessel personnel.
104.230 Drill and exercise requirements.
104.235 Vessel recordkeeping requirements.
104.240 Maritime Security (MARSEC) Level coordination andimplementation.
104.245 Communications.
104.250 Procedures for interfacing with facilities and othervessels.
104.255 Declaration of Security (DoS).
104.260 Security systems and equipment maintenance.
104.265 Security measures for access control.
104.267 Security measures for newly hired employees.
104.270 Security measures for restricted areas.
104.275 Security measures for handling cargo.
104.280 Security measures for delivery of vessel stores andbunkers.
104.285 Security measures for monitoring.
104.290 Security incident procedures.
104.292 Additional requirements--passenger vessels andferries.
104.295 Additional requirements--cruise ships.
104.297 Additional requirements--vessels oninternational voyages.

               Subpart C_Vessel Security Assessment (VSA)

104.300 General.
104.305 Vessel Security Assessment (VSA) requirements.
104.310 Submission requirements.

                  Subpart D_Vessel Security Plan (VSP)

104.400 General.
104.405 Format of the Vessel Security 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, and6.19; Department of Homeland 
Security Delegation No. 0170.1.

    Source: USCG-2003-14749, 68 FR 39302, July1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 104.100  Definitions.

    Except as specifically stated in this subpart, the definitions 
inpart 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 passengervessel 
subject to the International Convention for Safety of Life atSea, 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 grossregister 
tons subject to 46 CFR subchapter I, except commercialfishing 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 150passengers;
    (7) Other passenger vessel carrying more than 12 
passengers,including at least one passenger-for-hire, that is engaged on 
aninternational voyage;
    (8) Barge subject to 46 CFR chapter I, subchapters D or O;
    (9) Barge carrying certain dangerous cargo in bulk or barge thatis 
subject to 46 CFR Chapter I, subchapter I, that is engaged on 
aninternational voyage.
    (10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
    (11) Towing vessel greater than eight meters in registered 
lengththat 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 bargeor 
barges subject to this part;
    (ii) Shifts a barge or barges subject to this part at a facilityor 
within a fleeting facility;
    (iii) Assists sections of a tow through a lock; or

[[Page 349]]

    (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 thissubchapter.
    (c) Foreign Vessels that have on board a valid International 
ShipSecurity Certificate that certifies that the verifications required 
bypart A, Section 19.1, of the International Ship and Port 
FacilitySecurity (ISPS) Code (Incorporated by reference, seeSec. 
101.115 of this subchapter) have been completed will bedeemed in 
compliance with this part, except forSec. Sec. 104.240, 104.255, 
104.292, and 104.295, asappropriate. This includes ensuring that the 
vessel meets theapplicable requirements of SOLAS Chapter XI-2 
(Incorporated byreference, see Sec. 101.115 of this subchapter) and the 
ISPSCode, part A, having taken into account the relevant provisions of 
theISPS Code, part B, and that the vessel is provided with an 
approvedsecurity plan.
    (d) The TWIC requirements found in this part do not apply toforeign 
vessels.
    (e) The TWIC requirements found in this part do not apply tomariners 
employed aboard vessels moored at U.S. facilities only whenthey are 
working immediately adjacent to their vessels in the conductof vessel 
activities.
    (f) Except pursuant to international treaty, convention, oragreement 
to which the U.S. is a party, this part does not apply toany foreign 
vessel that is not destined for, or departing from, a portor 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 apart 
of an international strait.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60513, 
Oct. 22, 2003; USCG-2004-18057,69 FR 34925, June 23, 2004; USCG-2004-
19963, 70 FR74669, 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 
areaswithin the vessel as passenger access areas.
    (b) A passenger access area is a defined space, within the areaover 
which the owner or operator has implemented security measures foraccess 
control, of a ferry, passenger vessel, or cruise ship that isopen to 
passengers. It is not a secure area and does not require aTWIC for 
unescorted access.
    (c) Passenger access areas may not include any areas defined 
asrestricted areas in the VSP.

[USCG-2006-24196, 72 FR 3579, Jan. 25, 2007, asamended by USCG-2008-
0179, 73 FR 35009, June 19, 2008]



Sec. 104.107  Employee access area.

    (a) A ferry or passenger vessel, excluding cruise ships, 
maydesignate areas within the vessel as employee access areas.
    (b) An employee access area is a defined space, within the areaover 
which the owner or operator has implemented security measures foraccess 
control, of a ferry or passenger vessel that is open only toemployees 
and not to passengers. It is not a secure area and does notrequire a 
TWIC for unescorted access.
    (c) Employee access areas may not include any areas defined 
asrestricted 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, orother 
vessels owned or operated by a government and used only ongovernment 
non-commercial service.
    (b) A vessel is not subject to this part while the vessel is laidup, 
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 
areoperating in compliance with this part.
    (b) Owners or operators of foreign vessels must comply with 
thefollowing--
    (1) Vessels subject to the International Convention for Safety 
ofLife at Sea, 1974, (SOLAS), Chapter XI-1 or ChapterXI-2, must carry on 
board a valid International Ship SecurityCertificate that certifies that 
the verifications required by part A,Section 19.1, of the International 
Ship and

[[Page 350]]

Port FacilitySecurity (ISPS) Code (Incorporated by reference, seeSec. 
101.115 of this subchapter) have been completed. Thisincludes ensuring 
that the vessel meets the applicable requirements ofSOLAS Chapter XI-2 
(Incorporated by reference, seeSec. 101.115 of this chapter) 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 
securityplan.
    (2) Vessels not subject to SOLAS Chapter XI-1 or ChapterXI-2, may 
comply with this part through an Alternative SecurityProgram or a 
bilateral arrangement approved by the Coast Guard. If notcomplying with 
an approved Alternative Security Program or bilateralarrangement, these 
vessels must meet the requirements of paragraph (b)of this section.
    (c) Persons required to obtain a TWIC under this part may 
enrollbeginning after the date set by the Coast Guard in a Notice to 
bepublished in the Federal Register. This notice will be directedto all 
facilities and vessels within a specific COTP zone.
    (d) By April 15, 2009, vessel owners or operators subject 
toparagraph (b) of this section and not excluded bySec. 104.105(d) of 
this part must be operating in accordancewith the TWIC provisions found 
within this part.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, asamended 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; 73 FR 25565,May 7, 2008]



Sec. 104.120  Compliance documentation.

    (a) Each vessel owner or operator subject to this part mustensure, 
on or before July 1, 2004, that copies of the followingdocuments are 
carried on board the vessel and are made available tothe Coast Guard 
upon request:
    (1) The approved Vessel Security Plan (VSP) and any 
approvedrevisions or amendments thereto, and a letter of approval from 
theCommanding Officer, Marine Safety Center (MSC);
    (2) The VSP submitted for approval and a current 
acknowledgementletter from the Commanding Officer, MSC, stating that the 
Coast Guardis currently reviewing the VSP submitted for approval, and 
that thevessel may continue to operate so long as the vessel remains 
incompliance with the submitted plan;
    (3) For vessels operating under a Coast Guard-approved 
AlternativeSecurity Program as provided in Sec. 104.140, a copy of 
theAlternative Security Program the vessel is using, including a 
vesselspecific security assessment report generated under the 
AlternativeSecurity Program, as specified in Sec. 101.120(b)(3) of 
thissubchapter, and a letter signed by the vessel owner or 
operator,stating which Alternative Security Program the vessel is using 
andcertifying that the vessel is in full compliance with that program; 
or
    (4) For foreign vessels, subject to the International Conventionfor 
Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 orChapter XI-2, a 
valid International Ship Security Certificate(ISSC) that attests to the 
vessel's compliance with SOLAS ChapterXI-2 and the ISPS Code, part A 
(Incorporated by reference, seeSec. 101.115 of this subchapter) and is 
issued in accordancewith the ISPS Code, part A, section 19. As stated in 
Section 9.4 ofthe ISPS Code, part A requires that, in order for the ISSC 
to beissued, the provisions of part B of the ISPS Code need to be 
takeninto account.
    (b) Each owner or operator of an unmanned vessel subject to thispart 
must maintain the documentation described in paragraphs (a)(1),(2), or 
(3) of this section. The letter required by each of thoseparagraphs must 
be carried on board the vessel. The plan or programrequired by each of 
those paragraphs must not be carried on board thevessel, but must be 
maintained in a secure location. During scheduledinspections, the plan 
or program must be made available to the CoastGuard upon request.
    (c) Each vessel owner or operator who designates a passenger 
oremployee access area (as those terms are defined inSec. Sec. 104.106 
and 104.107 of this part) on theirvessel must keep on board the vessel 
with their approved VSP a clear,visual representation (such as a vessel 
schematic) of where thosedesignated areas fall. This need not be 
submitted to the Coast Guardfor approval until incorporated into

[[Page 351]]

the VSP at the next VSPsubmittal (either renewal or amendment), but must 
be made available tothe Coast Guard upon request.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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]



Sec. 104.125  Noncompliance.

    When a vessel must temporarily deviate from the requirements ofthis 
part, the vessel owner or operator must notify the cognizantCOTP, and 
either suspend operations or request and receive permissionfrom 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 
anyrequirement of this part that the owner or operator 
considersunnecessary in light of the nature or operating conditions of 
thevessel. A request for a waiver must be submitted in writing 
withjustification to the Commandant (CG-54) at 2100 Second St., 
SW.,Washington, DC 20593. The Commandant (CG-54) may require the 
vesselowner or operator to provide additional data for determining 
thevalidity of the requested waiver. The Commandant (CG-54) may grant, 
inwriting, a waiver with or without conditions only if the waiver 
willnot reduce the overall security of the vessel, its passengers, 
itscrew, or its cargo, or facilities or ports that the vessel may visit.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended by USCG-2008-
0179, 73 FR 35009, June 19, 2008]



Sec. 104.135  Equivalents.

    For any measure required by this part, the vessel owner oroperator 
may propose an equivalent as provided inSec. 101.130 of this 
subchapter.



Sec. 104.140  Alternative Security Programs.

    A vessel owner or operator may use an Alternative Security Programas 
approved under Sec. 101.120 of this subchapter if:
    (a) The Alternative Security Program is appropriate to that classof 
vessel;
    (b) The vessel is not subject to the International Convention 
forSafety of Life at Sea, 1974; and
    (c) The Alternative Security Program is implemented in itsentirety.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60513, 
Oct. 22, 2003]



Sec. 104.145  Maritime Security (MARSEC) Directive.

    Each vessel owner or operator subject to this part must complywith 
any instructions contained in a MARSEC Directive issued underSec. 
101.405 of this subchapter.



Sec. 104.150  Right to appeal.

    Any person directly affected by a decision or action taken underthis 
part, by or on behalf of the Coast Guard, may appeal as describedin 
Sec. 101.420 of this subchapter.



                 Subpart B_Vessel Security Requirements



Sec. 104.200  Owner or operator.

    (a) Each vessel owner or operator must ensure that the 
vesseloperates 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 vesseland 
provide all personnel exercising security duties orresponsibilities 
within that structure with the support needed tofulfill security 
obligations;
    (2) Designate, in writing, by name or title, a Company 
SecurityOfficer (CSO), a Vessel Security Officer (VSO) for each vessel, 
andidentify how those officers can be contacted at any time;
    (3) Ensure personnel receive training, drills, and exercisesenabling 
them to perform their assigned security duties;
    (4) Inform vessel personnel of their responsibility to apply forand 
maintain a TWIC, including the deadlines and methods for 
suchapplications, and of their obligation to inform TSA of any event 
thatwould render them ineligible for a TWIC, or which would 
invalidatetheir existing TWIC;

[[Page 352]]

    (5) Ensure vessel security records are kept;
    (6) Ensure that adequate coordination of security issues takesplace 
between vessels and facilities; this includes the execution of 
aDeclaration of Security (DoS);
    (7) Ensure coordination of shore leave, transit, or crew change-out 
for vessel personnel, as well as access through the facility ofvisitors 
to the vessel (including representatives of seafarers'welfare and labor 
organizations), with facility operators in advanceof a vessel's arrival. 
Vessel owners or operators may refer totreaties of friendship, commerce, 
and navigation between the U.S. andother nations in coordinating such 
leave. The text of these treatiescan 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 
inMaritime Security (MARSEC) Level;
    (10) Ensure that security systems and equipment are installed 
andmaintained;
    (11) Ensure that vessel access, including the embarkation ofpersons 
and their effects, is controlled;
    (12) Ensure that TWIC procedures are implemented as set forth inthis 
part, including;
    (i) Ensuring that only individuals who hold a TWIC and areauthorized 
to be in secure areas are permitted to escort;
    (ii) Identifying what action is to be taken by an escort, or 
otherauthorized individual, should individuals under escort engage 
inactivities other than those for which escorted access was granted; and
    (iii) Notifying vessel employees, and passengers if applicable, 
ofwhat parts of the vessel are secure areas, employee access areas, 
andpassenger access areas, as applicable, and ensuring such areas 
areclearly marked.
    (13) Ensure that restricted areas are controlled and TWICprovisions 
are coordinated, if applied to such restricted areas;
    (14) Ensure that protocols consistent withSec. 104.265(c) of this 
part, for dealing with individualsrequiring access who report a lost, 
damaged, or stolen TWIC, or whohave applied for and not yet received a 
TWIC, are in place;
    (15) Ensure that cargo and vessel stores and bunkers are handledin 
compliance with this part;
    (16) Ensure restricted areas, deck areas, and areas surroundingthe 
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 
asvessel management companies, manning agents, 
contractors,concessionaires (for example, retail sales outlets, casinos, 
etc.);
    (ii) Parties responsible for deciding the employment of thevessel, 
including time or bareboat charters or any other entity actingin such 
capacity; and
    (iii) In cases when the vessel is employed under the terms of 
acharter party, the contract details of those documents, including 
timeor voyage charters; and
    (18) Give particular consideration to the convenience, comfort,and 
personal privacy of vessel personnel and their ability to maintaintheir 
effectiveness over long periods; and
    (19) If applicable, ensure that protocols consistent withSec. 
104.267 of this part, for dealing with newly hiredemployees who have 
applied for and not yet received a TWIC, are inplace.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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 
beconstrained by the Company, the vessel owner or operator, or any 
otherperson, from taking or executing any decision which, in 
theprofessional judgment of the Master, is necessary to maintain 
thesafety and security of the vessel. This includes denial of access 
topersons--except those identified as duly authorized by thecognizant 
government authority--or their effects, and refusal toload cargo, 
including containers or other closed cargo transportunits.
    (b) If, in the professional judgment of the Master, a 
conflictbetween any

[[Page 353]]

safety and security requirements applicable to thevessel arises during 
its operations, the Master may give precedence tomeasures intended to 
maintain the safety of the vessel, and take suchtemporary security 
measures as seem best under all circumstances. Insuch cases:
    (1) The Master must, as soon as practicable, inform the nearestCOTP. 
If the vessel is on a foreign voyage, the Master must promptlyinform the 
Coast Guard via the NRC at1-800-424-8802, direct telephone at202-267-
2675; Fax: 202-267-1322, TDD at202-267-4477, or E-mail at lst-
[email protected] and if subject to the jurisdiction of aforeign 
government, the relevant maritime authority of that foreigngovernment;
    (2) The temporary security measures must, to the highest 
possibledegree, be commensurate with the prevailing Maritime Security 
(MARSEC)Level; and
    (3) The owner or operator must ensure that such conflicts 
areresolved to the satisfaction of the cognizant COTP, or for vessels 
oninternational voyages, the Commandant (CG-54), and that thepossibility 
of recurrence is minimized.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-25150,71 FR 39208, July 12, 2006; USCG-2008-
0179, 73 FR 35009,June 19, 2008]



Sec. 104.210  Company Security Officer (CSO).

    (a) General. (1) Each vessel owner or operator mustdesignate in 
writing a CSO.
    (2) A vessel owner or operator may designate a single CSO for allits 
vessels to which this part applies, or may designate more than oneCSO, 
in which case the owner or operator must clearly identify thevessels for 
which each CSO is responsible.
    (3) A CSO may perform other duties within the owner or 
operator'sorganization, including the duties of a Vessel Security 
Officer,provided he or she is able to perform the duties and 
responsibilitiesrequired of a CSO.
    (4) The CSO may delegate duties required by this part, but 
remainsresponsible 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) Security administration and organization of the 
company'svessel(s);
    (ii) Vessel, facility, and port operations relevant to thatindustry;
    (iii) Vessel and facility security measures, including the 
meaningand the consequential requirements of the different Maritime 
Security(MARSEC) Levels;
    (iv) Emergency preparedness and response and contingency planning;
    (v) Security equipment and systems and their operationallimitations;
    (vi) Methods of conducting audits, inspection and control 
andmonitoring techniques; and
    (vii) Techniques for security training and education, 
includingsecurity measures and procedures.
    (2) In addition to knowledge and training in paragraph (b)(1) ofthis 
section, the CSO must have general knowledge through training 
orequivalent job experience in the following, as appropriate:
    (i) Relevant international conventions, codes, andrecommendations;
    (ii) Relevant government legislation and regulations;
    (iii) Responsibilities and functions of other securityorganizations;
    (iv) Methodology of Vessel Security 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 
relatedcommunications;
    (viii) Knowledge of current security threats and patterns;
    (ix) Recognition and detection of dangerous substances anddevices;
    (x) Recognition of characteristics and behavioral patterns ofpersons 
who are likely to threaten security;
    (xi) Techniques used to circumvent security measures;
    (xii) Methods of physical screening and non-intrusive inspections;
    (xiii) Security drills and exercises, including drills andexercises 
with facilities; and

[[Page 354]]

    (xiv) Assessment of security drills and exercises.
    (xv) Knowledge of TWIC requirements
    (c) Responsibilities. In addition to those responsibilitiesand 
duties specified elsewhere in this part, the CSO must, for eachvessel 
for which he or she has been designated:
    (1) Keep the vessel apprised of potential threats or 
otherinformation relevant to its security;
    (2) Ensure a Vessel Security Assessment (VSA) is carried out;
    (3) Ensure a Vessel Security 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 identifiedby 
audits or inspections;
    (8) Enhance security awareness and vigilance within the owner's 
oroperator's organization;
    (9) Ensure relevant personnel receive adequate security training;
    (10) Ensure communication and cooperation between the vessel andthe 
port and facilities with which the vessel interfaces;
    (11) Ensure consistency between security requirements and 
safetyrequirements;
    (12) Ensure that when sister-vessel or fleet security plans areused, 
the plan for each vessel reflects the vessel-specificinformation 
accurately;
    (13) Ensure compliance with an Alternative Security Program 
orequivalents approved under this subchapter, if appropriate; and
    (14) Ensure security measures give particular consideration to 
theconvenience, comfort, and personal privacy of vessel personnel 
andtheir 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, asamended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3580, Jan. 25, 2007]



Sec. 104.215  Vessel Security Officer (VSO).

    (a) General. (1) A VSO may perform other duties within theowner's or 
operator's organization, provided he or she is able toperform the duties 
and responsibilities required of the VSO for eachsuch vessel.
    (2) For manned vessels, the VSO must be the Master or a member ofthe 
crew.
    (3) For unmanned vessels, the VSO must be an employee of thecompany, 
and the same person may serve as the VSO for more than oneunmanned 
vessel. If a person serves as the VSO for more than oneunmanned vessel, 
the name of each unmanned vessel for which he or sheis the VSO must be 
listed in the Vessel Security Plan (VSP).
    (4) The VSO of any unmanned barge and the VSO of any towing 
vesselinterfacing with the barge must coordinate and ensure 
theimplementation of security measures applicable to both vessels 
duringthe 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-basedresponse 
training;
    (4) Crowd management and control techniques;
    (5) Operations of security equipment and systems; and
    (6) Testing and calibration of security equipment and systems, 
andtheir maintenance while at sea.
    (7) TWIC
    (c) Certification required. After July 1, 2009, personsperforming 
duties as VSO on-board a seagoing vessel subject to theInternational 
Convention on Standards of Training, Certification andWatchkeeping for 
Seafarers, 1978, as amended, must hold a valid CoastGuard-issued 
credential with a Vessel Security Officer endorsement.The

[[Page 355]]

Coast Guard will issue this endorsement only if the personmeets the 
requirements in paragraph (d) of this section. Thisendorsement serves as 
proof that the person meets the ship securityofficer requirements of 
Regulation VI/5 of the STCW.
    (d) Requirements for Coast Guard Endorsement: (1) To qualifyfor a 
VSO endorsement, a person must:
    (i) Be at least 18 years of age;
    (ii) Be able to speak and understand the English language as wouldbe 
relevant to the duties of a VSO;
    (iii) Hold any valid Coast Guard-issued credential under 
theregulations specified in 46 CFR Subchapter B;
    (iv) Successfully complete a Coast Guard-accepted VSO course;
    (v) Sea Service. Fulfill one of the following:
    (A) Have approved sea service of not less than 12 months on 
anyvessel subject to Sec. 104.105 of this part, credited inaccordance 
with 46 CFR 10.205(e), 10.211, and/or 10.213; or
    (B) Have approved sea service of not less than 6 months on anyvessel 
subject to Sec. 104.105 of this part, credited inaccordance with 46 CFR 
10.205(b), 10.211, and/or 10.213, and haveknowledge of vessel 
operations.
    (2) To qualify as a Coast Guard-accepted course a VSO course 
underparagraph (d)(1)(iv) of this section must require candidates 
todemonstrate knowledge, understanding, and proficiency in the 
followingcompetencies:
    (i) Maintaining and supervising the implementation of a 
vesselsecurity plan;
    (ii) Assessing security risk, threat and vulnerability;
    (iii) Undertaking regular inspections of the vessel to ensure 
thatappropriate security measures are implemented and maintained;
    (iv) Ensuring that security equipment and systems, if any, 
areproperly operated, tested and calibrated;
    (v) Encouraging security awareness and vigilance; and
    (vi) Ensuring compliance with the TWIC program requirements.
    (3) Candidates meeting the knowledge of vessel operationsrequirement 
under paragraph (d)(1)(v)(B) of this section must provideevidence 
through training or equivalent job experience, in thefollowing areas:
    (i) Basic vessel layout and construction:
    (A) Understanding layout, including decks, rooms and spacenumbering; 
and
    (B) Understanding of various vessel types; and working knowledgeof 
nautical terms and definitions, especially those used to describeareas 
and parts of a vessel.
    (ii) Shipboard organization: familiarity with the variousdepartments 
and related functions, the titles used for personnel, theroles and 
responsibilities of these persons, and the chain of command.
    (iii) Shipboard safety:
    (A) Understanding of the importance of creating and maintainingsafe 
working and living conditions for passengers and crew alike;
    (B) General shipboard safety rules, emergency alarms and signals,and 
responses to and reporting of accidents;
    (C) Proper usage of protective equipment and general knowledge 
ofprocedures for entering enclosed spaces;
    (D) Proper usage of lifesaving equipment and where such equipmentis 
normally stowed aboard various vessel types;
    (E) Understanding of the operating principles of and proper use 
ofwatertight and fire screen doors; and
    (F) Understanding where it is safe to smoke and not safe to smokeon 
board and in port.
    (iv) Protection of the marine environment:
    (A) Understanding of vessel personnel's responsibility to 
preservethe marine environment; and
    (B) Basic working knowledge of pollution prevention regulationsand 
techniques.
    (v) Familiarity with key definitions, terminology, and 
operationalpractices employed in the maritime industry.
    (4)(i) Persons meeting the criteria in paragraphs (d)(4)(i)(A) 
and(B) of this section prior to the effective date of this regulation 
maysuccessfully complete a refresher Coast Guard-accepted VSO course 
nolater than July 1, 2009, to fulfill (d)(1)(iv) of this section.Persons 
must have:

[[Page 356]]

    (A) At least six months of VSO experience during thepreceding three 
years; or
    (B) Successfully completed a VSO course that was not approved bythe 
Maritime Administration (MARAD) on behalf of the Coast Guard.Maritime 
Administration approves VSO courses under section 109 of theMaritime 
Transportation Security Act of 2002, Public Law107-295.
    (ii) To be eligible to take a refresher Coast Guard-accepted 
VSOcourse, a person must present to the course provider 
documentaryevidence that he or she meets the criteria in (d)(4)(i) of 
thissection.
    (5) Vessel Security Officer courses meeting the trainingrequirements 
in paragraphs (d)(2) and (d)(4) of this section aresubject to Coast 
Guard acceptance under 46 CFR 10.309(a)(10)(ii).
    (6) Vessel Security Officer courses approved by MARAD on behalf 
ofthe Coast Guard under section 109 of the Maritime 
TransportationSecurity Act of 2002, Public Law 107-295 will be accepted 
bythe Coast Guard under 46 CFR 10.309 as meeting the requirements 
ofparagraphs (d)(1)(iv) and (d)(2) of this section.
    (7) Persons who hold a valid ``Vessel SecurityOfficer'' endorsement 
may serve as vessel or company personnelwith security duties (33 CFR 
104.220), and as all other vesselpersonnel (33 CFR 104.225), without 
meeting any additionalrequirements.
    (e) Responsibilities. In addition to those responsibilitiesand 
duties specified elsewhere in this part, the VSO must, for eachvessel 
for which he or she has been designated:
    (1) Regularly inspect the vessel to ensure that security measuresare 
maintained;
    (2) Ensure maintenance and supervision of the implementation ofthe 
VSP, and any amendments to the VSP;
    (3) Ensure the coordination and handling of cargo and vesselstores 
and bunkers in compliance with this part;
    (4) Propose modifications to the VSP to the Company SecurityOfficer 
(CSO);
    (5) Ensure that any problems identified during audits orinspections 
are reported to the CSO, and promptly implement anycorrective 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 CSOand 
the relevant Facility Security Officer, when applicable;
    (10) Ensure security equipment is properly operated, 
tested,calibrated and maintained; and
    (11) Ensure consistency between security requirements and theproper 
treatment of vessel personnel affected by those requirements.
    (12) Ensure TWIC programs are in place and implementedappropriately.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3580, Jan. 25, 2007; USCG-2008-
0028, 73 FR 29070,May 20, 2008; 73 FR 34191, June 17, 2008]



Sec. 104.220  Company or vessel personnel with security duties.

    Company and vessel personnel responsible for security duties 
mustmaintain a TWIC, and must have knowledge, through training 
orequivalent 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 ofpersons 
who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Security 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, 
andtheir maintenance while at sea;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Vessel Security Plan (VSP);
    (l) Methods of physical screening of persons, personal 
effects,baggage, cargo, and vessel stores; and

[[Page 357]]

    (m) The meaning and the consequential requirements of thedifferent 
Maritime Security (MARSEC) Levels.
    (n) Relevant aspects of the TWIC program and how to carry themout.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended by USCG-2006-
24196, 72 FR 3580, Jan. 25, 2007]



Sec. 104.225  Security 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, asappropriate:
    (a) Relevant provisions of the Vessel Security Plan (VSP);
    (b) The meaning and the consequential requirements of thedifferent 
Maritime Security (MARSEC) Levels, including emergencyprocedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns ofpersons 
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 themout.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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 theproficiency of 
vessel personnel in assigned security duties at allMaritime Security 
(MARSEC) Levels and the effective implementation ofthe Vessel Security 
Plan (VSP). They must enable the Vessel SecurityOfficer (VSO) to 
identify any related security deficiencies that needto be addressed.
    (2) A drill or exercise required by this section may be 
satisfiedwith the implementation of security measures required by the 
VesselSecurity Plan as the result of an increase in the MARSEC 
Level,provided the vessel reports attainment to the cognizant COTP.
    (b) Drills. (1) The VSO must ensure that at least onesecurity drill 
is conducted at least every 3 months, except when avessel is out of 
service due to repairs or seasonal suspension ofoperation provided that 
in such cases a drill must be conducted withinone week of the vessel's 
reactivation. Security drills may be held inconjunction with non-
security drills where appropriate.
    (2) Drills must test individual elements of the VSP, 
includingresponse to security threats and incidents. Drills should take 
intoaccount the types of operations of the vessel, vessel 
personnelchanges, and other relevant circumstances. Examples of drills 
includeunauthorized entry to a restricted area, response to alarms, 
andnotification of law enforcement authorities.
    (3) If the vessel is moored at a facility on the date the 
facilityhas planned to conduct any drills, the vessel may, but is not 
requiredto, participate in the facility's scheduled drill.
    (4) Drills must be conducted within one week from whenever 
thepercentage of vessel personnel with no prior participation in a 
vesselsecurity drill on that vessel exceeds 25 percent.
    (5) Not withstanding paragraph (b)(4) of this section, vessels 
notsubject to SOLAS may conduct drills within 1 week from whenever 
thepercentage of vessel personnel with no prior participation in a 
vesselsecurity drill on a vessel of similar design and owned or operated 
bythe same company exceeds 25 percent.
    (c) Exercises. (1) Exercises must be conducted at least onceeach 
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 
cooperativeexercise program to exercise applicable facility and vessel 
securityplans or comprehensive port exercises.
    (4) Each exercise must test communication and 
notificationprocedures,

[[Page 358]]

and elements of coordination, resource availability,and response.
    (5) Exercises are a full test of the security program and 
mustinclude the substantial and active participation of relevant 
companyand vessel security personnel, and may include facility 
securitypersonnel and government authorities depending on the scope and 
thenature of the exercises.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60513, 
Oct. 22, 2003]



Sec. 104.235  Vessel recordkeeping requirements.

    (a) Unless otherwise specified in this section, the VesselSecurity 
Officer must keep records of the activities as set out inparagraph (b) 
of this section for at least 2 years and make themavailable to the Coast 
Guard upon request.
    (b) Records required by this section may be kept in 
electronicformat. If kept in an electronic format, they must be 
protectedagainst unauthorized deletion, destruction, or amendment. 
Thefollowing records must be kept:
    (1) Training. For training under Sec. 104.225, thedate of each 
session, duration of session, a description of thetraining, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, thedate held, 
description of drill or exercise, list of participants; andany best 
practices or lessons learned which may improve the VesselSecurity Plan 
(VSP);
    (3) Incidents and breaches of security. Date and time ofoccurrence, 
location within the port, location within the vessel,description of 
incident or breaches, to whom it was reported, anddescription of the 
response;
    (4) Changes in Maritime Security (MARSEC) Levels. Date andtime of 
notification received, and time of compliance with 
additionalrequirements;
    (5) Maintenance, calibration, and testing of securityequipment. For 
each occurrence of maintenance, calibration, andtesting, the date and 
time, and the specific security equipmentinvolved;
    (6) Security threats. Date and time of occurrence, how thethreat was 
communicated, who received or identified the threat,description of 
threat, to whom it was reported, and description of theresponse;
    (7) Declaration of Security (DoS). Manned vessels must keepon board 
a copy of the last 10 DoSs and a copy of each continuing DoSfor at least 
90 days after the end of its effective period; and
    (8) Annual audit of the VSP. For each annual audit, a 
lettercertified by the Company Security Officer or the VSO stating the 
datethe audit was completed.
    (c) Any records required by this part must be protected 
fromunauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.240  Maritime Security (MARSEC) Level coordination and implementation.

    (a) The vessel owner or operator must ensure that, prior toentering 
a port or visiting an Outer Continental Shelf (OCS) facility,all 
measures are taken that are specified in the Vessel Security Plan(VSP) 
for compliance with the MARSEC Level in effect for the port orthe OCS 
facility.
    (b) When notified of an increase in the MARSEC Level, the 
vesselowner or operator must ensure:
    (1) If a higher MARSEC Level is set for the port in which thevessel 
is located or is about to enter, the vessel complies, withoutundue 
delay, with all measures specified in the VSP for compliancewith 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 MARSECLevel 
has taken place within 12 hours of the notification; and
    (4) If a higher MARSEC Level is set for the OCS facility withwhich 
the vessel is interfacing or is about to visit, the vesselcomplies, 
without undue delay, with all measures specified in the VSPfor 
compliance with that higher MARSEC Level.
    (c) For MARSEC Levels 2 and 3, the Vessel Security Officer mustbrief 
all vessel personnel of identified threats,

[[Page 359]]

emphasizereporting procedures, and stress the need for increased 
vigilance.
    (d) An owner or operator whose vessel is not in compliance withthe 
requirements of this section must inform the COTP and obtainapproval 
prior to entering any port, prior to interfacing with anothervessel or 
with a facility or to continuing operations.
    (e) For MARSEC Level 3, in addition to the requirements in thispart, 
a vessel owner or operator may be required to implementadditional 
measures, pursuant to 33 CFR part 6, 160 or 165, asappropriate, which 
may include but are not limited to:
    (1) Arrangements to ensure that the vessel can be towed or movedif 
deemed necessary by the Coast Guard;
    (2) Use of waterborne security patrol;
    (3) Use of armed security personnel to control access to thevessel 
and to deter, to the maximum extent practical, a TSI; or
    (4) Screening the vessel for the presence of dangerous substancesand 
devices underwater or other threats.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.245  Communications.

    (a) The Vessel Security Officer must have a means to 
effectivelynotify vessel personnel of changes in security conditions on 
board thevessel.
    (b) Communications systems and procedures must allow effective 
andcontinuous communication between the vessel security 
personnel,facilities interfacing with the vessel, vessels interfacing 
with thevessel, and national or local authorities with 
securityresponsibilities.
    (c) Communication systems and procedures must enable vesselpersonnel 
to notify, in a timely manner, shore side authorities orother 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 aremeasures 
for interfacing with facilities and other vessels at allMARSEC Levels.
    (b) For each U.S. flag vessel that calls on foreign ports 
orfacilities, the vessel owner or operator must ensure procedures 
forinterfacing with those ports and facilities are established.



Sec. 104.255  Declaration of Security (DoS).

    (a) Each vessel owner or operator must ensure procedures 
areestablished for requesting a DoS and for handling DoS requests from 
afacility or other vessel.
    (b) At MARSEC Level 1, the Master or Vessel Security Officer(VSO), 
or their designated representative, of any cruise ship ormanned vessel 
carrying Certain Dangerous Cargoes, in bulk, mustcomplete and sign a DoS 
with the VSO or Facility Security Officer(FSO), or their designated 
representative, of any vessel or facilitywith which it interfaces.
    (1) For a vessel-to-facility interface, prior to arrival of avessel 
to a facility, the FSO and Master, VSO, or their 
designatedrepresentatives must coordinate security needs and procedures, 
andagree upon the contents of the DoS for the period of time the 
vesselis at the facility. Upon a vessel's arrival to a facility and 
prior toany passenger embarkation or disembarkation or cargo 
transferoperation, the FSO or Master, VSO, or designated representatives 
mustsign the written DoS.
    (2) For a vessel engaging in a vessel-to-vessel activity, prior 
tothe activity, the respective Masters, VSOs, or their 
designatedrepresentatives must coordinate security needs and procedures, 
andagree upon the contents of the DoS for the period of the vessel-to-
vessel activity. Upon the vessel-to-vessel activity and prior to 
anypassenger embarkation or disembarkation or cargo transfer 
operation,the respective Masters, VSOs, or designated representatives 
must signthe written DoS.
    (c) At MARSEC Levels 2 and 3, the Master, VSO, or 
designatedrepresentative of any manned vessel required to comply with 
this partmust coordinate security needs and procedures, and agree upon 
thecontents of the DoS for the period of the vessel-to-vessel 
activity.Upon the vessel-to-vessel activity and prior to any 
passengerembarkation or disembarkation or cargo transfer operation, 
therespective Masters, VSOs, or designated representatives must sign 
thewritten DoS.

[[Page 360]]

    (d) At MARSEC Levels 2 and 3, the Master, VSO, or 
designatedrepresentative of any manned vessel required to comply with 
this partmust coordinate security needs and procedures, and agree upon 
thecontents of the DoS for the period the vessel is at the facility. 
Uponthe vessel's arrival to a facility and prior to any 
passengerembarkation or disembarkation or cargo transfer operation, 
therespective FSO and Master, VSO, or designated representatives 
mustsign the written DoS.
    (e) At MARSEC Levels 1 and 2, VSOs of vessels that 
frequentlyinterface with the same facility may implement a continuing 
DoS formultiple visits, provided that:
    (1) The DoS is valid for the specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30days.
    (f) When the MARSEC Level increases beyond the level contained inthe 
DoS, the continuing DoS becomes void and a new DoS must be signedand 
implemented in accordance with this section.
    (g) The COTP may require at any time, at any MARSEC Level, anymanned 
vessel subject to this part to implement a DoS with the VSO orFSO prior 
to any vessel-to-vessel activity or vessel-to-facilityinterface when he 
or she deems it necessary.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.260  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working orderand 
inspected, tested, calibrated and maintained according to 
themanufacturer's recommendation.
    (b) The results of testing completed under paragraph (a) of 
thissection shall be recorded in accordance with Sec. 104.235.Any 
deficiencies shall be promptly corrected.
    (c) The Vessel Security Plan (VSP) must include procedures 
foridentifying and responding to security system and equipment 
failuresor malfunctions.



Sec. 104.265  Security measures for access control.

    (a) General. The vessel owner or operator must ensure 
theimplementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substancesand 
devices, including any device intended to damage or destroypersons, 
vessels, facilities, or ports;
    (2) Secure dangerous substances and devices that are authorized 
bythe owner or operator to be on board;
    (3) Control access to the vessel; and
    (4) Prevent an unescorted individual from entering an area of 
thevessel that is designated as a secure area unless the individual 
holdsa duly issued TWIC and is authorized to be in the area.
    (b) The vessel owner or operator must ensure that the followingare 
specified:
    (1) The locations providing means of access to the vessel 
whereaccess restrictions or prohibitions are applied for each 
MaritimeSecurity (MARSEC) Level, including those points where TWIC 
accesscontrol 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 prohibitionto 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not 
inpossession of a TWIC and procedures for escorting, in accordance 
withSec. 101.515 of this subchapter; and
    (4) Procedures for identifying authorized and unauthorized personsat 
any MARSEC level.
    (c) The vessel owner or operator must ensure that a TWIC programis 
implemented as follows:
    (1) All persons seeking unescorted access to secure areas 
mustpresent their TWIC for inspection before being allowed 
unescortedaccess, in accordance with Sec. 101.514 of this 
subchapter.Inspection must include:

[[Page 361]]

    (i) A match of the photo on the TWIC to the individualpresenting the 
TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present onthe 
card to determine whether the TWIC has been tampered with orforged.
    (2) If an individual cannot present a TWIC because it has beenlost, 
damaged or stolen, and he or she has previously been grantedunescorted 
access to the vessel and is known to have had a valid TWIC,the 
individual may be given unescorted access to secure areas for aperiod of 
no longer than seven consecutive calendar days providedthat:
    (i) The individual has reported the TWIC as lost, damaged, orstolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification 
credentialthat meets the requirements of Sec. 101.515 of 
thissubchapter; and
    (iii) There are no other suspicious circumstances associated withthe 
individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any 
otherreason than outlined in paragraph (2) of this section, he or she 
maynot be granted unescorted access to the secure area. The 
individualmust be under escort, as that term is defined in part 101 of 
thissubchapter, at all times when inside a secure area.
    (4) With the exception of persons granted access according 
toparagraph (2) of this section, all persons granted unescorted accessto 
secure areas of the vessel must be able to produce his or her TWICupon 
request.
    (5) There must be disciplinary measures in place to prevent fraudand 
abuse.
    (6) The vessel's TWIC program should be coordinated, 
whenpracticable, with identification and TWIC access control measures 
offacilities or other transportation conveyances that interface with 
thevessel.
    (d) If the vessel owner or operator uses a separate 
identificationsystem, ensure that it complies and is coordinated with 
TWICprovisions in this part.
    (e) The vessel owner or operator must establish in the approvedVSP 
the frequency of application of any security measures for accesscontrol, 
particularly if these security measures are applied on arandom or 
occasional basis.
    (f) MARSEC Level 1. The vessel owner or operator must ensuresecurity 
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), 
personaleffects, and vehicles for dangerous substances and devices at 
the ratespecified in the approved VSP, except for government-owned 
vehicles onofficial business when government personnel present 
identificationcredentials for entry;
    (3) Conspicuously post signs that describe security 
measurescurrently in effect and clearly state that:
    (i) Boarding the vessel is deemed valid consent to screening 
orinspection; and
    (ii) Failure to consent or submit to screening or inspection 
willresult in denial or revocation of authorization to board;
    (4) Check the identification of any person not holding a TWIC 
andseeking to board the vessel, including vessel passengers, 
vendors,personnel duly authorized by the cognizant government 
authorities, andvisitors. This check includes confirming the reason for 
boarding byexamining 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 
identificationsystem implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on board if 
theperson is unable or unwilling, upon the request of vessel personnel 
ora law enforcement officer, to establish his or her identity 
inaccordance with this part or to account for his or her presence 
onboard. Any such incident must be reported in compliance with thispart;
    (6) Deter unauthorized access to the vessel;

[[Page 362]]

    (7) Identify access points that must be secured or attendedto deter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces thatadjoin 
areas to which passengers and visitors have access;
    (9) Provide a designated area on board, within the secure area, orin 
liaison with a facility, for conducting inspections and screeningof 
people, baggage (including carry-on items), personal effects,vehicles 
and the vehicle's contents;
    (10) Ensure vessel personnel are not subjected to screening, ofthe 
person or of personal effects, by other vessel personnel, unlesssecurity 
clearly requires it;
    (11) Conduct screening in a way that takes into full 
accountindividual human rights and preserves the individual's basic 
humandignity;
    (12) Ensure the screening of all unaccompanied baggage;
    (13) Ensure checked persons and their personal effects aresegregated 
from unchecked persons and their personal effects;
    (14) Ensure embarking passengers are segregated from 
disembarkingpassengers;
    (15) Ensure, in liaison with the facility, a defined percentage 
ofvehicles to be loaded aboard passenger vessels are screened prior 
toloading at the rate specified in the approved VSP;
    (16) Ensure, in liaison with the facility, all unaccompaniedvehicles 
to be loaded on passenger vessels are screened prior toloading; and
    (17) Respond to the presence of unauthorized persons on 
board,including repelling unauthorized boarders.
    (g) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thevessel owner or 
operator must ensure the implementation of additionalsecurity measures, 
as specified for MARSEC Level 2 in the approvedVSP. These additional 
security measures may include:
    (1) Increasing the frequency and detail of screening of 
people,personal effects, and vehicles being embarked or loaded onto 
thevessel as specified for MARSEC Level 2 in the approved VSP, except 
forgovernment-owned vehicles on official business when 
governmentpersonnel present identification credentials for entry;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to patrol deck areas 
duringperiods of reduced vessel operations to deter unauthorized access;
    (4) Limiting the number of access points to the vessel by closingand 
securing some access points;
    (5) Denying access to visitors who do not have a 
verifieddestination;
    (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 thevessel, 
in close cooperation with the facility.
    (h) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, the vessel owner oroperator must 
ensure the implementation of additional securitymeasures, as specified 
for MARSEC Level 3 in the approved VSP. Theadditional security measures 
may include:
    (1) Screening all persons, baggage, and personal effects 
fordangerous substances and devices;
    (2) Performing one or more of the following on unaccompaniedbaggage:
    (i) Screen unaccompanied baggage more extensively, for example, x-
raying from two or more angles;
    (ii) Prepare to restrict or suspend handling unaccompaniedbaggage; 
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 
accesspoint;
    (5) Granting access to only those responding to the securityincident 
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]

[[Page 363]]



Sec. 104.267  Security measures for newly hired employees.

    (a) Newly-hired vessel employees may be granted entry to secureareas 
of the vessel for up to 30 consecutive calendar days prior toreceiving 
their TWIC provided all of the requirements in paragraph (b)of this 
section are met, and provided that the new hire is accompaniedby an 
individual with a TWIC while within the secure areas of thevessel. If 
TSA does not act upon a TWIC application within 30 days,the cognizant 
Coast Guard COTP may further extend access to secureareas for another 30 
days. The Coast Guard will determine whether, inparticular 
circumstances, certain practices meet the condition of anew hire being 
accompanied by another individual with a TWIC. TheCoast Guard will issue 
guidance for use in making thesedeterminations.
    (b) Newly-hired vessel employees may be granted the accessprovided 
for in paragraph (a) of this section only if:
    (1) The new hire has applied for a TWIC in accordance with 49 
CFRpart 1572 by completing the full enrollment process, paying the 
userfee, and is not currently engaged in a waiver or appeal process. 
Thevessel owner or operator or Vessel Security Officer (VSO) must 
havethe new hire sign a statement affirming this, and must retain 
thesigned statement until the new hire receives a TWIC;
    (2) The vessel owner or operator or the VSO enters the 
followinginformation 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 meetsthe 
requirements of Sec. 101.515 of this subchapter;
    (4) There are no other circumstances that would cause 
reasonablesuspicion regarding the new hire's ability to obtain a TWIC, 
and thevessel owner or operator or VSO have not been informed by 
thecognizant COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to vessel operations if thenew 
hire is not allowed access.
    (c) This section does not apply to any individual being hired as 
aCompany Security Officer (CSO) or VSO, or any individual being hiredto 
perform vessel security duties.
    (d) The new hire may not begin working on board the vessel underthe 
provisions of this section until the owner, operator, or VSOreceives 
notification, via Homeport or some other means, the new hirehas passed 
an initial name check.

[USCG-2006-24196, 72 FR 3581, Jan. 25, 2007]



Sec. 104.270  Security measures for restricted areas.

    (a) General. The vessel owner or operator must ensure thedesignation 
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 oroperator 
must ensure restricted areas are designated on board thevessel, as 
specified in the approved plan. Restricted areas mustinclude, as 
appropriate:
    (1) Navigation bridge, machinery spaces and other controlstations;
    (2) Spaces containing security and surveillance equipment andsystems 
and their controls and lighting system controls;
    (3) Ventilation and air-conditioning systems and other 
similarspaces;
    (4) Spaces with access to potable water tanks, pumps, ormanifolds;
    (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

[[Page 364]]

    (9) Any other spaces or areas vital to the security of thevessel.
    (c) The vessel owner or operator must ensure that securitymeasures 
and policies are established to:
    (1) Identify which vessel personnel are authorized to have access;
    (2) Determine which persons other than vessel personnel 
areauthorized to have access;
    (3) Determine the conditions under which that access may takeplace;
    (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 tothe 
area is restricted and that unauthorized presence within the 
areaconstitutes a breach of security.
    (d) Maritime Security (MARSEC) Level 1. The vessel owner oroperator 
must ensure the implementation of security measures toprevent 
unauthorized access or activities within the area. Thesesecurity 
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 usedmust 
activate an audible and/or visual alarm at a location that 
iscontinuously attended or monitored, to alert vessel personnel 
tounauthorized access.
    (e) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thevessel owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and intensity of monitoring andaccess 
controls on existing restricted access areas;
    (2) Restricting access to areas adjacent to access points;
    (3) Providing continuous monitoring of each area, usingsurveillance 
equipment; and
    (4) Dedicating additional personnel to guard or patrol each area.
    (f) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, thevessel owner or 
operator must ensure the implementation of additionalsecurity measures, 
as specified for MARSEC Level 3 in the approvedVSP. These additional 
security measures may include:
    (1) Restricting access to additional areas; and
    (2) Searching restricted areas as part of a security sweep of 
thevessel.



Sec. 104.275  Security measures for handling cargo.

    (a) General. The vessel owner or operator must ensure thatsecurity 
measures relating to cargo handling, some of which may haveto be applied 
in liaison with the facility or another vessel, arespecified in order 
to:
    (1) Deter tampering;
    (2) Prevent cargo that is not meant for carriage from beingaccepted 
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 
thevessel; and
    (5) When there are regular or repeated cargo operations with thesame 
shipper, coordinate security measures with the shipper or 
otherresponsible party in accordance with an established agreement 
andprocedures.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1,the vessel 
owner or operator must ensure the implementation ofmeasures to:
    (1) Unless unsafe to do so, routinely check cargo and cargo 
spacesprior 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 informationprovided 
with shipping documents;
    (3) Ensure, in liaison with the facility, that vehicles to beloaded 
on board car carriers, RO-RO, and passenger ships are subjectedto 
screening prior to loading, in accordance with the frequencyrequired in 
the VSP; and
    (4) Check, in liaison with the facility, seals or other methodsused 
to prevent tampering.
    (c) MARSEC Level 2. In addition to the security measuresrequired for

[[Page 365]]

MARSEC Level 1 in this section, at MARSEC Level 2,the vessel owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved Vessel Security 
Plan (VSP). These additional securitymeasures may include:
    (1) Increasing the frequency and detail of checking cargo andcargo 
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 detailin 
checking seals or other methods used to prevent tampering;
    (5) Increasing the frequency and intensity of visual and 
physicalinspections; or
    (6) Coordinating enhanced security measures with the shipper orother 
responsible party in accordance with an established agreementand 
procedures.
    (d) MARSEC Level 3. In addition to the security measures forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owneror 
operator must ensure the implementation of additional securitymeasures, 
as specified for MARSEC Level 3 in the approved VSP. Theseadditional 
security measures may include:
    (1) Suspending loading or unloading of cargo;
    (2) Being prepared to cooperate with responders, facilities, 
andother vessels; or
    (3) Verifying the inventory and location of any hazardousmaterials 
carried on board.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.280  Security measures for delivery of vessel stores and bunkers.

    (a) General. The vessel owner or operator must ensure thatsecurity 
measures relating to the delivery of vessel stores andbunkers 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 
unlessordered. For vessels that routinely use a facility, a vessel owner 
oroperator may establish and implement standing arrangements between 
thevessel, its suppliers, and a facility regarding notification and 
thetiming of deliveries and their documentation.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1,the vessel 
owner or operator must ensure the implementation ofmeasures to:
    (1) Check vessel stores before being accepted;
    (2) Check that vessel stores and bunkers match the order prior 
tobeing brought on board or being bunkered; and
    (3) Ensure that vessel stores are controlled or immediately 
andsecurely stowed following delivery.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thevessel owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved Vessel Security 
Plan (VSP). These additional securitymeasures may include:
    (1) Intensifying inspection of the vesselstores during delivery; or
    (2) Checking vessel stores prior to receiving them on board.
    (d) MARSEC Level 3. In addition to the security measures forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owneror 
operator must ensure the implementation of additional securitymeasures, 
as specified for MARSEC Level 3 in the approved VSP. Theseadditional 
security measures may include:
    (1) Checking all vesselstores more extensively;
    (2) Restricting or suspending delivery of vessel stores andbunkers; 
or
    (3) Refusing to accept vessel stores on board.



Sec. 104.285  Security measures for monitoring.

    (a) General. (1) The vessel owner or operator must ensurethe 
implementation of security measures and have the capability 
tocontinuously monitor, through a combination of lighting,

[[Page 366]]

watchkeepers, security guards, deck watches, waterborne 
patrols,automatic intrusion-detection devices, or surveillance 
equipment, asspecified in their approved Vessel Security 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 
theappropriate level and location of lighting:
    (i) Vessel personnel should be able to detect activities on 
andaround the vessel, on both the shore side and the waterside;
    (ii) Coverage should facilitate personnel identification at 
accesspoints;
    (iii) Coverage may be provided through coordination with the portor 
facility; and
    (iv) Lighting effects, such as glare, and its impact on 
safety,navigation, and other security activities.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1,the vessel 
owner or operator must ensure the implementation ofsecurity measures, 
which may be done in coordination with a facility,to:
    (1) Monitor the vessel, particularly vessel access points 
andrestricted areas;
    (2) Be able to conduct emergency searches of the vessel;
    (3) Ensure that equipment or system failures or malfunctions 
areidentified and corrected;
    (4) Ensure that any automatic intrusion detection device sets offan 
audible or visual alarm, or both, at a location that iscontinuously 
attended or monitored;
    (5) Light deck and vessel access points during the period 
betweensunset and sunrise and periods of limited visibility sufficiently 
toallow visual identification of persons seeking access to the 
vessel;and
    (6) Use maximum available lighting while underway, during theperiod 
between sunset and sunrise, consistent with safety andinternational 
regulations.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thevessel owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved 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 
incoordination with the facility;
    (3) Using or increasing the use of security and 
surveillanceequipment;
    (4) Assigning additional personnel as security lookouts;
    (5) Coordinating with boat patrols, when provided; and
    (6) Coordinating with shoreside foot or vehicle patrols, 
whenprovided.
    (d) MARSEC Level 3. In addition to the security measures forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owneror 
operator must ensure the implementation of additional securitymeasures, 
as specified for MARSEC Level 3 in the approved VSP. Theseadditional 
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 
recordingactivities on, or in the vicinity of, the vessel;
    (5) Maximizing the length of time such surveillance equipment 
cancontinue to record;
    (6) Preparing for underwater inspection of the hull; and
    (7) Initiating measures, including the slow revolution of 
thevessel's propellers, if practicable, to deter underwater access to 
thehull of the vessel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003]



Sec. 104.290  Security incident procedures.

    For each Maritime Security (MARSEC) Level, the vessel owner 
oroperator must ensure the Vessel Security Officer (VSO) and 
vesselsecurity personnel are able to:
    (a) Respond to security threats or breaches of security andmaintain 
critical vessel and vessel-to-facility interface operations,to include:
    (1) Prohibiting entry into affected area;

[[Page 367]]

    (2) Denying access to the vessel, except to those respondingto the 
emergency;
    (3) Implementing MARSEC Level 3 security measures throughout 
thevessel;
    (4) Stopping cargo-handling operations; and
    (5) Notifying shoreside authorities or other vessels of 
theemergency;
    (b) Evacuating the vessel in case of security threats or breachesof 
security;
    (c) Reporting security incidents as required inSec. 101.305;
    (d) Briefing all vessel personnel on possible threats and the 
needfor vigilance, soliciting their assistance in reporting 
suspiciouspersons, objects, or activities; and
    (e) Securing non-critical operations in order to focus response 
oncritical operations.



Sec. 104.292  Additional requirements--passenger vessels and ferries.

    (a) At all Maritime Security (MARSEC) Levels, the vessel owner 
oroperator must ensure security sweeps are performed, prior to 
gettingunderway, after any period the vessel was unattended.
    (b) As an alternative to the identification checks and 
passengerscreening requirements in Sec. 104.265 (f)(2), (f)(4), 
and(f)(9), the owner or operator of a passenger vessel or ferry 
mayensure security measures are implemented that include:
    (1) Searching selected areas prior to embarking passengers andprior 
to sailing; and
    (2) Implementing one or more of the following:
    (i) Performing routine security patrols;
    (ii) Providing additional closed-circuit television to 
monitorpassenger areas; or
    (iii) Securing all non-passenger areas.
    (c) Passenger vessels certificated to carry more than 
2000passengers, working in coordination with the terminal, may be 
subjectto additional vehicle screening requirements in accordance with 
aMARSEC Directive or other orders issued by the Coast Guard.
    (d) Owners and operators of passenger vessels and ferries coveredby 
this part that use public access facilities, as that term isdefined in 
Sec. 101.105 of this subchapter, must addresssecurity measures for the 
interface of the vessel and the publicaccess facility, in accordance 
with the appropriate Area MaritimeSecurity Plan.
    (e) At MARSEC Level 2, a vessel owner or operator must ensure, 
inaddition to MARSEC Level 1 measures, the implementation of 
thefollowing:
    (1) Search selected areas prior to embarking passengers and priorto 
sailing;
    (2) Passenger vessels certificated to carry less than 
2000passengers, working in coordination with the terminal, may be 
subjectto additional vehicle screening requirements in accordance with 
aMARSEC Directive or other orders issued by the Coast Guard; and
    (3) As an alternative to the identification and 
screeningrequirements in Sec. 104.265(f)(4) and (g)(1), 
intensifypatrols, security sweeps and monitoring identified in paragraph 
(b) ofthis section.
    (f) At MARSEC Level 3, a vessel owner or operator may, in additionto 
MARSEC Levels 1 and 2 measures, as an alternative to theidentification 
checks and passenger screening requirements inSec. 104.265(f)(4) and 
(h)(1), ensure that random armedsecurity patrols are conducted, which 
need not consist of vesselpersonnel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60514, 
Oct. 22, 2003; USCG-2008-0179,73 FR 35009, June 19, 2008]



Sec. 104.295  Additional requirements--cruise ships.

    (a) At all MARSEC Levels, the owner or operator of a cruise shipmust 
ensure the following:
    (1) Screen all persons, baggage, and personal effects fordangerous 
substances and devices;
    (2) Check the identification of all persons seeking to board 
thevessel; this check includes confirming the reason for boarding 
byexamining 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 priorto 
sailing.

[[Page 368]]

    (b) At MARSEC Level 3, the owner or operator of a cruise shipmust 
ensure that security briefs to passengers about the specificthreat are 
provided.



Sec. 104.297  Additional requirements--vessels on international voyages.

    (a) An owner or operator of a U.S. flag vessel, which is subjectto 
the International Convention for Safety of Life at Sea, 1974,(SOLAS), 
must be in compliance with the applicable requirements ofSOLAS Chapter 
XI-1, SOLAS Chapter XI-2 and the ISPSCode, part A (Incorporated by 
reference, see Sec. 101.115 ofthis subchapter).
    (b) Owners or operators of U.S. flag vessels that are required 
tocomply with SOLAS, must ensure an International Ship 
SecurityCertificate (ISSC) as provided in 46 CFR Sec. 2.01-25is 
obtained for the vessel. This certificate must be issued by theCoast 
Guard.
    (c) Owners or operators of vessels that require an ISSC inparagraph 
(b) of this section must request an inspection in writing,at least 30 
days prior to the desired inspection date to the Officerin Charge, 
Marine Inspection for the Marine Inspection Office orSector Office of 
the port where the vessel will be inspected to verifycompliance with 
this part and applicable SOLAS requirements. Theinspection must be 
completed and the initial ISSC must be issued on orbefore July 1, 2004.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60515, 
Oct. 22, 2003; USCG-2006-25556,72 FR 36328, July 2, 2007]



               Subpart C_Vessel Security Assessment (VSA)



Sec. 104.300  General.

    (a) The Vessel Security Assessment (VSA) is a written documentthat 
is based on the collection of background information and thecompletion 
and analysis of an on-scene survey.
    (b) A single VSA may be performed and applied to more than onevessel 
to the extent that they share physical characteristics andoperations.
    (c) Third parties may be used in any aspect of the VSA if theyhave 
the appropriate skills and if the Company Security Officer (CSO)reviews 
and accepts their work.
    (d) Those involved in a VSA should be able to draw upon 
expertassistance 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 ofpersons 
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 vesselstructures 
and equipment;
    (7) Vessel security requirements;
    (8) Vessel-to-vessel activity and vessel-to-facility 
interfacebusiness practices;
    (9) Contingency planning, emergency preparedness and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computersystems 
and networks;
    (12) Marine engineering; and
    (13) Vessel and port operations.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60515, 
Oct. 22, 2003]



Sec. 104.305  Vessel Security Assessment (VSA) requirements.

    (a) Background. The vessel owner or operator must ensurethat the 
following background information is provided to the person orpersons 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 
itsfunction;
    (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 ofthe 
assessment, for the area or areas in which the vessel operates orat 
which passengers embark or disembark;
    (3) The previous VSA, if any;

[[Page 369]]

    (4) Emergency and stand-by equipment available to maintainessential 
services;
    (5) Number of vessel personnel and any existing security duties 
towhich they are assigned;
    (6) Existing personnel training requirement practices of thevessel;
    (7) Existing security and safety equipment for the protection 
ofpersonnel, visitors, passengers, and vessels personnel;
    (8) Escape and evacuation routes and assembly stations that haveto 
be maintained to ensure the orderly and safe emergency evacuationof the 
vessel;
    (9) Existing agreements with private security companies 
providingwaterside 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 mustensure 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 andevaluates existing 
vessel protective measures, procedures, andoperations for:
    (1) Ensuring performance of all security duties;
    (2) Controlling access to the vessel, through the use 
ofidentification systems or otherwise;
    (3) Controlling the embarkation of vessel personnel and otherpersons 
and their effects, including personal effects and baggagewhether 
accompanied or unaccompanied;
    (4) Supervising the handling of cargo and the delivery of 
vesselstores;
    (5) Monitoring restricted areas to ensure that only 
authorizedpersons 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, theCompany 
Security Officer (CSO) must analyze the vessel backgroundinformation and 
the on-scene survey, and while considering therequirements of this part, 
provide recommendations for the securitymeasures the vessel should 
include in the Vessel Security Plan (VSP).This includes but is not 
limited to the following:
    (1) Restricted areas;
    (2) Response procedures for fire or other emergency conditions;
    (3) Security 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) Security communication systems and procedures;
    (7) Security 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 interfacingfacility 
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 asecurity 
incident and/or their equipment;
    (vii) Use of the vessel itself as a weapon or as a means to 
causedamage 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

[[Page 370]]

open weather decks, for use by individuals who mightseek to breach 
security, whether or not those individuals legitimatelyhave access to 
the vessel.
    (d) VSA report. (1) The vessel owner or operator must ensurethat 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 
theassessment;
    (iv) A description of security countermeasures that could be usedto 
address each vulnerability;
    (v) A list of the key vessel operations that are important 
toprotect;
    (vi) The likelihood of possible threats to key vessel operations;and
    (vii) A list of identified weaknesses, including human factors, 
inthe infrastructure, policies, and procedures of the vessel.
    (2) The VSA report must address the following elements on board 
orwithin the vessel:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computersystems 
and networks; and
    (vi) Other areas that may, if damaged or used illicitly, pose arisk 
to people, property, or operations on board the vessel or withina 
facility.
    (3) The VSA report must list the persons, activities, services,and 
operations that are important to protect, in each of the 
followingcategories:
    (i) Vessel personnel;
    (ii) Passengers, visitors, vendors, repair technicians, 
facilitypersonnel, 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 
thefollowing 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 
onvessel personnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communicationsystems.
    (5) The VSA report must discuss and evaluate key vessel measuresand 
operations, including:
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the vessel, through the use 
ofidentification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and 
otherpersons and their effects (including personal effects and 
baggagewhether accompanied or unaccompanied);
    (iv) Supervising the handling of cargo and the delivery of 
vesselstores;
    (v) Monitoring restricted areas to ensure that only 
authorizedpersons 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 
thevessel owner or operator with the VSP. The VSA, the VSA report, 
andVSP must be protected from unauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60515, 
Oct. 22, 2003]



Sec. 104.310  Submission requirements.

    (a) A completed Vessel Security Assessment (VSA) report must 
besubmitted with the Vessel Security Plan (VSP) required inSec. 104.410 
of this part.
    (b) A vessel owner or operator may generate and submit a reportthat 
contains the VSA for more than one vessel subject to this part,to the 
extent that they share similarities in physical characteristicsand 
operations.
    (c) The VSA must be reviewed and revalidated, and the VSA reportmust 
be

[[Page 371]]

updated, each time the VSP is submitted for reapproval orrevisions.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended at 68 FR 60515, 
Oct. 22, 2003]



                  Subpart D_Vessel Security Plan (VSP)



Sec. 104.400  General.

    (a) The Company Security Officer (CSO) must ensure a VesselSecurity 
Plan (VSP) is developed and implemented for each vessel. TheVSP:
    (1) Must identify the CSO and VSO by name or position and provide24-
hour contact information;
    (2) Must be written in English, although a translation of the VSPin 
the working language of vessel personnel may also be developed;
    (3) Must address each vulnerability identified in the VesselSecurity 
Assessment (VSA);
    (4) Must describe security measures for each MARSEC Level;
    (5) Must state the Master's authority as described inSec. 104.205; 
and
    (6) May cover more than one vessel to the extent that they 
sharesimilarities in physical characteristics and operations, if 
authorizedand 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, Room525, 
Washington, DC 20024 for visitors. Send all mail to CommandingOfficer 
(MSC), United States Coast Guard, JR10-0525, 2100 2ndStreet, SW., 
Washington, DC 20593, in a written or electronic format.Information for 
submitting the VSP electronically can be found athttp://www.uscg.mil/HQ/
MSC. Owners or operators of foreign flagvessels that are subject to 
SOLAS Chapter XI-1 or ChapterXI-2 must comply with this part by carrying 
on board a validInternational Ship Security Certificate that certifies 
that theverifications required by Section 19.1 of part A of the ISPS 
Code(Incorporated by reference, see Sec. 101.115 of thissubchapter) 
have been completed. As stated in Section 9.4 of the ISPSCode, part A 
requires that, in order for the ISSC to be issued, theprovisions of part 
B of the ISPS Code need to be taken into account.
    (c) The VSP is sensitive security information and must beprotected 
in accordance with 49 CFR part 1520.
    (d) If the VSP is kept in an electronic format, procedures must bein 
place to prevent its unauthorized deletion, destruction, oramendment.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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 Security Plan (VSP).

    (a) A vessel owner or operator must ensure that the VSP consistsof 
the individual sections listed in this paragraph (a). If the VSPdoes not 
follow the order as it appears in the list, the vessel owneror operator 
must ensure that the VSP contains an index identifying thelocation of 
each of the following sections:
    (1) Security 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 Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control, including 
designatedpassenger access areas and employee access areas;
    (11) Security measures for restricted areas;
    (12) Security measures for handling cargo;
    (13) Security measures for delivery of vessel stores and bunkers;
    (14) Security measures for monitoring;
    (15) Security incident procedures;
    (16) Audits and Vessel Security Plan (VSP) amendments; and
    (17) Vessel Security Assessment (VSA) Report.
    (b) The VSP must describe in detail how the requirements ofsubpart B 
of this part will be met. VSPs that have been approved bythe Coast Guard 
prior to March 26, 2007, do not need to be

[[Page 372]]

amended to describe their TWIC procedures until the nextregularly 
scheduled resubmission of the VSP.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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 beforeDecember 31, 2003, 
each vessel owner or operator must either:
    (1) Submit one copy of their Vessel Security Plan (VSP), inEnglish, 
for review and approval to the Commanding Officer, MarineSafety Center 
(MSC) and a letter certifying that the VSP meetsapplicable requirements 
of this part; or
    (2) If intending to operate under an Approved Security Program, 
aletter signed by the vessel owner or operator stating which 
approvedAlternative Security Program the owner or operator intends to 
use.
    (b) Owners or operators of vessels not in service on or 
beforeDecember 31, 2003, must comply with the requirements in paragraph 
(a)of this section 60 days prior to beginning operations or by 
December31, 2003, whichever is later.
    (c) The Commanding Officer, Marine Safety Center (MSC), willexamine 
each submission for compliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returningto 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter 
withbrief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a 
briefstatement of the reasons for disapproval.
    (d) A VSP may be submitted and approved to cover more than onevessel 
where the vessel design and operations are similar.
    (e) Each company or vessel, owner or operator, that submits oneVSP 
to cover two or more vessels of similar design and operation mustaddress 
vessel-specific information that includes the physical andoperational 
characteristics of each vessel.
    (f) A plan that is approved by the MSC is valid for 5 years fromthe 
date of its approval.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, asamended 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 Security Planthat are 
approved by the Marine Safety Center (MSC) may be initiatedby:
    (i) The vessel owner or operator; or
    (ii) The Coast Guard upon a determination that an amendment isneeded 
to maintain the vessel's security. The Coast Guard will givethe vessel 
owner or operator written notice and request that thevessel owner or 
operator propose amendments addressing any mattersspecified in the 
notice. The company owner or operator will have atleast 60 days to 
submit its proposed amendments. Until amendments areapproved, the 
company owner or operator shall ensure temporarysecurity measures are 
implemented to the satisfaction of the CoastGuard.
    (2) Proposed amendments must be sent to the MSC at the addressshown 
in Sec. 104.400(b) of this part. If initiated by thecompany or vessel, 
owner or operator, the proposed amendment must besubmitted at least 30 
days before the amendment is to take effectunless the MSC allows a 
shorter period. The MSC will approve ordisapprove the proposed amendment 
in accordance withSec. 104.410 of this part.
    (3) Nothing in this section should be construed as limiting 
thevessel owner or operator from the timely implementation of 
suchadditional security measures not enumerated in the approved VSP 
asnecessary to address exigent security situations. In such cases, 
theowner or operator must notify the MSC by the most rapid 
meanspracticable as to the nature of the additional measures, 
thecircumstances that prompted these additional measures, and the 
periodof time these additional measures are expected to be in place.
    (4) If the owner or operator has changed, the Vessel SecurityOfficer 
(VSO) must amend the Vessel Security Plan (VSP) to include thename and 
contact information of the new vessel

[[Page 373]]

owner or operatorand submit the affected portion of the VSP for review 
and approval inaccordance with Sec. 104.410 of this part.
    (b) Audits. (1) The CSO or VSO must ensure an audit of theVSP is 
performed annually, beginning no later than one year from theinitial 
date of approval and attach a letter to the VSP certifyingthat the VSP 
meets the applicable requirements of this part.
    (2) The VSP must be audited if there is a change in the company'sor 
vessel's ownership or operator, or if there have been modificationsto 
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 vesselmay 
be limited to those sections of the VSP affected by the 
vesselmodifications.
    (4) Unless impracticable due to the size and nature of the companyor 
the vessel, personnel conducting internal audits of the securitymeasures 
specified in the VSP or evaluating its implementation must:
    (i) Have knowledge of methods of conducting audits andinspections, 
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 VSAor 
VSP, the VSO or CSO must submit, in accordance withSec. 104.410 of this 
part, the amendments to the MSC forreview and approval no later than 30 
days after completion of theaudit and a letter certifying that the 
amended VSP meets theapplicable requirements of this part.

[USCG-2003-14749, 68 FR 39302, July 1, 2003; 68FR 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 Security Program.
105.145 Maritime Security (MARSEC) Directive.
105.150 Right to appeal.

                Subpart B_Facility Security Requirements

105.200 Owner or operator.
105.205 Facility Security Officer (FSO).
105.210 Facility personnel with security duties.
105.215 Security training for all other facility personnel.
105.220 Drill and exercise requirements.
105.225 Facility recordkeeping requirements.
105.230 Maritime Security (MARSEC) Level coordination andimplementation.
105.235 Communications.
105.240 Procedures for interfacing with vessels.
105.245 Declaration of Security (DoS).
105.250 Security systems and equipment maintenance.
105.255 Security measures for access control.
105.257 Security measures for newly-hired employees.
105.260 Security measures for restricted areas.
105.265 Security measures for handling cargo.
105.270 Security measures for delivery of vessel stores andbunkers.
105.275 Security measures for monitoring.
105.280 Security incident procedures.
105.285 Additional requirements--passenger and ferryfacilities.
105.290 Additional requirements--cruise shipterminals.
105.295 Additional requirements--Certain DangerousCargo (CDC) 
          facilities.
105.296 Additional requirements--barge fleetingfacilities.

              Subpart C_Facility Security Assessment (FSA)

105.300 General.
105.305 Facility Security Assessment (FSA) requirements.
105.310 Submission requirements.

                 Subpart D_Facility Security Plan (FSP)

105.400 General.
105.405 Format and content of the Facility Security Plan(FSP).
105.410 Submission and approval.
105.415 Amendment and audit.

Appendix A to Part 105--Facility Vulnerability andSecurity Measure 
          Summary (CG-6025).


[[Page 374]]


    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, and6.19; Department of Homeland 
Security Delegation No. 0170.1.

    Source: USCG-2003-14732, 68 FR 39322, July1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 105.100  Definitions.

    Except as specifically stated in this subpart, the definitions 
inpart 101 of this subchapter apply to this part.



Sec. 105.105  Applicability.

    (a) The requirements in this part apply to the owner or operatorof 
any U.S.:
    (1) Facility subject to 33 CFR parts 126, 127, or 154;
    (2) Facility that receives vessels certificated to carry more 
than150 passengers, except those vessels not carrying and not embarking 
ordisembarking passengers at the facility;
    (3) Facility that receives vessels subject to the 
InternationalConvention for Safety of Life at Sea, 1974, chapter XI;
    (4) Facility that receives foreign cargo vessels greater than 
100gross register tons;
    (5) Facility that receives U.S. cargo vessels, greater than 100gross 
register tons, subject to 46 CFR chapter I, subchapter I, exceptfor 
those facilities that receive only commercial fishing vesselsinspected 
under 46 CFR part 105; or
    (6) Barge fleeting facility that receives barges carrying, inbulk, 
cargoes regulated by 46 CFR chapter I, subchapters D or O, orCertain 
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 thissubchapter.
    (c) This part does not apply to the owner or operator of 
thefollowing U.S. facilities:
    (1) A facility owned or operated by the U.S. that is usedprimarily 
for military purposes.
    (2) An oil and natural gas production, exploration, or 
developmentfacility 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 conditionsin 
Sec. 106.105 of this subchapter;
    (3) A facility that supports the production, exploration, 
ordevelopment of oil and natural gas regulated by 33 CFR parts 126 or154 
if:
    (i) The facility is engaged solely in the support of 
exploration,development, or production of oil and natural gas and 
transports orstores quantities of hazardous materials that do not meet 
or exceedthose specified in 49 CFR 172.800(b)(1) through (b)(6); or
    (ii) The facility stores less than 42,000 gallons of cargoregulated 
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 33CFR 
parts 126 or 154 by vessel due to the lack of road access to thefacility 
and does not distribute the material through secondary marinetransfers.
    (d) The TWIC requirements found in this part do not apply tomariners 
employed aboard vessels moored at U.S. facilities only whenthey are 
working immediately adjacent to their vessels in the conductof vessel 
activities.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196,72 FR 55048, Sept. 28, 2007]



Sec. 105.106  Public access areas.

    (a) A facility serving ferries or passenger vessels certificatedto 
carry more than 150 passengers, other than cruise ships, maydesignate an 
area within the facility as a public access area.
    (b) A public access area is a defined space within a facility thatis 
open to all persons and provides pedestrian access through thefacility 
from public thoroughfares to the vessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60540, 
Oct. 22, 2003]



Sec. 105.110  Exemptions.

    (a) An owner or operator of any barge fleeting facility subject 
tothis part is exempt from complying with Sec. 105.265,Security 
measures for handling cargo;

[[Page 375]]

and Sec. 105.270,Security measures for delivery of vessel stores and 
bunkers.
    (b) A public access area designated under Sec. 105.106is exempt 
from the requirements for screening of persons, baggage, andpersonal 
effects and identification of persons inSec. 105.255(c), (e)(1), 
(e)(3), (f)(1), and (g)(1) andSec. 105.285(a)(1).
    (c) An owner or operator of any general shipyard facility asdefined 
in Sec. 101.105 is exempt from the requirements ofthis 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 ofthis 
subchapter not related to construction, repair, 
rehabilitation,refurbishment, or rebuilding.
    (d) Public access facility. (1) The COTP may exempt a publicaccess 
facility from the requirements of this part, includingestablishing 
conditions for which such an exemption is granted, toensure that 
adequate security is maintained.
    (2) The owner or operator of any public access facility 
exemptedunder this section must:
    (i) Comply with any COTP conditions for the exemption; and
    (ii) Ensure that the cognizant COTP has the appropriateinformation 
for contacting the individual with securityresponsibilities for the 
public access facility at all times.
    (3) The cognizant COTP may withdraw the exemption for a publicaccess 
facility at any time the owner or operator fails to comply withany 
requirement of the COTP as a condition of the exemption or anymeasure 
ordered by the COTP pursuant to existing COTP authority.
    (e) An owner or operator of a facility is not subject to this partif 
the facility receives only vessels to be laid-up, dismantled, 
orotherwise placed out of commission provided that the vessels are 
notcarrying and do not receive cargo or passengers at that facility.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60540, 
Oct. 22, 2003]



Sec. 105.115  Compliance dates.

    (a) On or before December 31, 2003, facility owners or operatorsmust 
submit to the cognizant COTP for each facility--
    (1) The Facility Security Plan described in subpart D of this 
partfor review and approval; or
    (2) If intending to operate under an approved Alternative 
SecurityProgram, a letter signed by the facility owner or operator 
statingwhich approved Alternative Security Program the owner or 
operatorintends to use.
    (b) On or before July 1, 2004, each facility owner or operatormust 
be operating in compliance with this part.
    (c) Facility owners or operators wishing to designate only 
thoseportions of their facility that are directly connected to 
maritimetransportation or are at risk of being involved in a 
transportationsecurity incident as their secure area(s) must do so by 
submitting anamendment to their Facility Security Plan to their 
cognizant COTP, inaccordance with Sec. 105.415 of this part, by 
September 4,2007.
    (d) Persons required to obtain a TWIC under this part may 
enrollbeginning after the date set by the Coast Guard in a Notice to 
bepublished in the Federal Register. This notice will be directedto all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordancewith 
the TWIC provisions in this part by the date set by the CoastGuard in a 
Notice to be published in the Federal Register. ThisNotice will be 
published at least 90 days before compliance mustbegin, and will be 
directed to all facilities within a specificCaptain of the Port zone, 
based on whether enrollment has beencompleted in that zone. Unless an 
earlier compliance date is specifiedin this manner, all facility owner 
or operators will need to implementtheir TWIC provisions no later than 
April 15, 2009.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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; 72 FR 38486, July 13, 2007; 73 FR 
25565, May 7, 2008]



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 documentationare 
available at

[[Page 376]]

the facility and are made available to the CoastGuard upon request:
    (a) The approved Facility Security Plan (FSP), as well as 
anyapproved revisions or amendments thereto, and a letter of 
approvalfrom the COTP dated within the last 5 years;
    (b) The FSP submitted for approval and an acknowledgement letterfrom 
the COTP stating that the Coast Guard is currently reviewing theFSP 
submitted for approval, and that the facility may continue tooperate so 
long as the facility remains in compliance with thesubmitted FSP; or
    (c) For facilities operating under a Coast Guard-approvedAlternative 
Security Program as provided in Sec. 105.140, acopy of the Alternative 
Security Program the facility is using,including a facility specific 
security assessment report generatedunder the Alternative Security 
Program, as specified inSec. 101.120(b)(3) of this subchapter, and a 
letter signedby the facility owner or operator, stating which 
Alternative SecurityProgram the facility is using and certifying that 
the facility is infull compliance with that program.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.125  Noncompliance.

    When a facility must temporarily deviate from the requirements 
ofthis part, the facility owner or operator must notify the 
cognizantCOTP, and either suspend operations or request and receive 
permissionfrom 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 
anyrequirement of this part that the facility owner or operator 
considersunnecessary in light of the nature or operating conditions of 
thefacility, prior to operating. A request for a waiver must be 
submittedin writing with justification to the Commandant (CG-54) at 2100 
SecondSt., SW., Washington, DC 20593. The Commandant (CG-54) may require 
thefacility owner or operator to provide data for use in determining 
thevalidity of the requested waiver. The Commandant (CG-54) may grant, 
inwriting, a waiver with or without conditions only if the waiver 
willnot reduce the overall security of the facility, its 
employees,visiting vessels, or ports.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68FR 41916, July 16, 2003; 
USCG-2008-0179, 73 FR 35009,June 19, 2008]



Sec. 105.135  Equivalents.

    For any measure required by this part, the facility owner oroperator 
may propose an equivalent as provided inSec. 101.130 of this 
subchapter.



Sec. 105.140  Alternative Security Program.

    (a) A facility owner or operator may use an Alternative 
SecurityProgram approved under Sec. 101.120 of this subchapter if:
    (1) The Alternative Security Program is appropriate to thatfacility;
    (2) The Alternative Security Program is implemented in itsentirety.
    (b) A facility owner or operator using an Alternative 
SecurityProgram approved under Sec. 101.120 of this subchapter 
mustcomplete and submit to the cognizant COTP a Facility Vulnerability 
andSecurity Measures Summary (Form CG-6025) in appendix A to part105--
Facility Vulnerability and Security (CG-6025).



Sec. 105.145  Maritime Security (MARSEC) Directive.

    Each facility owner or operator subject to this part must complywith 
any instructions contained in a MARSEC Directive issued underSec. 
101.405 of this subchapter.



Sec. 105.150  Right to appeal.

    Any person directly affected by a decision or action taken underthis 
part, by or on behalf of the Coast Guard, may appeal as describedin 
Sec. 101.420 of this subchapter.



                Subpart B_Facility Security Requirements



Sec. 105.200  Owner or operator.

    (a) Each facility owner or operator must ensure that the 
facilityoperates in compliance with the requirements of this part.

[[Page 377]]

    (b) For each facility, the facility owner or operator must:
    (1) Define the security organizational structure and provide 
eachperson exercising security duties and responsibilities within 
thatstructure the support needed to fulfill those obligations;
    (2) Designate, in writing, by name or by title, a FacilitySecurity 
Officer (FSO) and identify how the officer can be contactedat any time;
    (3) Ensure that a Facility Security Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of an FSP;
    (5) Ensure that the facility operates in compliance with theapproved 
FSP;
    (6) Ensure that the TWIC program is properly implemented as setforth 
in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and areauthorized 
to be in the secure area in accordance with the FSP arepermitted to 
escort;
    (ii) Identifying what action is to be taken by an escort, or 
otherauthorized individual, should individuals under escort engage 
inactivities 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 accessareas, as 
applicable, and ensuring such areas are clearly marked.
    (7) Ensure that restricted areas are controlled and TWICprovisions 
are coordinated, if applied to such restricted areas;
    (8) Ensure that adequate coordination of security issues takesplace 
between the facility and vessels that call on it, including theexecution 
of a Declaration of Security (DoS) as required by this part;
    (9) Ensure coordination of shore leave for vessel personnel orcrew 
change-out, as well as access through the facility for visitorsto the 
vessel (including representatives of seafarers' welfare andlabor 
organizations), with vessel operators in advance of a vessel'sarrival. 
In coordinating such leave, facility owners or operators mayrefer to 
treaties of friendship, commerce, and navigation between theU.S. and 
other nations. The text of these treaties can be found athttp://
www.marad.dot.gov/Programs/treaties.html;
    (10) Ensure, within 12 hours of notification of an increase inMARSEC 
Level, implementation of the additional security measuresrequired for 
the new MARSEC Level;
    (11) Ensure security for unattended vessels moored at thefacility;
    (12) Ensure the report of all breaches of security andtransportation 
security incidents to the National Response Center inaccordance with 
part 101 of this chapter;
    (13) Ensure consistency between security requirements and 
safetyrequirements;
    (14) Inform facility personnel of their responsibility to applyfor 
and maintain a TWIC, including the deadlines and methods for 
suchapplications, and of their obligation to inform TSA of any event 
thatwould render them ineligible for a TWIC, or which would 
invalidatetheir existing TWIC;
    (15) Ensure that protocols consistent with section 105.255(c) ofthis 
part, for dealing with individuals requiring access who report alost, 
damaged, or stolen TWIC, or who have applied for and not yetreceived a 
TWIC, are in place; and
    (16) If applicable, ensure that protocols consistent withSec. 
105.257 of this part, for dealing with newly hiredemployees who have 
applied for and not yet received a TWIC, are inplace.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3582, Jan. 25, 2007]



Sec. 105.205  Facility Security Officer (FSO).

    (a) General. (1) The FSO may perform other duties within theowner's 
or operator's organization, provided he or she is able toperform the 
duties and responsibilities required of the FSO.
    (2) The same person may serve as the FSO for more than onefacility, 
provided the facilities are in the same COTP zone and arenot more than 
50 miles apart. If a person serves as the FSO for morethan one facility, 
the name of each facility for which he or she isthe FSO must be listed 
in the Facility Security Plan (FSP) of eachfacility for which or she is 
the FSO.

[[Page 378]]

    (3) The FSO may assign security duties to other facilitypersonnel; 
however, the FSO retains the responsibility for theseduties.
    (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) Security organization of the facility;
    (ii) General vessel and facility operations and conditions;
    (iii) Vessel and facility security measures, including the 
meaningand the requirements of the different MARSEC Levels;
    (iv) Emergency preparedness, response, and contingency planning;
    (v) Security equipment and systems, and their 
operationallimitations; and
    (vi) Methods of conducting audits, inspections, control, 
andmonitoring techniques.
    (2) In addition to knowledge and training required in 
paragraph(b)(1) of this section, the FSO must have knowledge of and 
receivetraining 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 Federallaw 
enforcement agencies;
    (iv) Security 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 
relatedcommunications;
    (viii) Current security threats and patterns;
    (ix) Recognizing and detecting dangerous substances and devices;
    (x) Recognizing characteristics and behavioral patterns of 
personswho are likely to threaten security;
    (xi) Techniques used to circumvent security measures;
    (xii) Conducting physical searches and non-intrusive inspections;
    (xiii) Conducting security drills and exercises, includingexercises 
with vessels; and
    (xiv) Assessing security drills and exercises.
    (xv) Knowledge of TWIC requirements.
    (c) Responsibilities. In addition to those responsibilitiesand 
duties specified elsewhere in this part, the FSO must, for eachfacility 
for which he or she has been designated:
    (1) Ensure that the Facility Security Assessment (FSA) isconducted;
    (2) Ensure the development and implementation of a FSP;
    (3) Ensure that an annual audit is conducted, and if necessarythat 
the FSA and FSP are updated;
    (4) Ensure the FSP is exercised per Sec. 105.220 of thispart;
    (5) Ensure that regular security inspections of the facility 
areconducted;
    (6) Ensure the security awareness and vigilance of the 
facilitypersonnel;
    (7) Ensure adequate training to personnel performing 
facilitysecurity duties;
    (8) Ensure that occurrences that threaten the security of 
thefacility 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 
asrequired by this part;
    (11) Ensure the execution of any required Declarations of 
Securitywith Masters, Vessel Security Officers or their 
designatedrepresentatives;
    (12) Ensure the coordination of security services in accordancewith 
the approved FSP;
    (13) Ensure that security equipment is properly operated, 
tested,calibrated, and maintained;
    (14) Ensure the recording and reporting of attainment changes 
inMARSEC Levels to the owner or operator and the cognizant COTP;
    (15) When requested, ensure that the Vessel Security Officersreceive 
assistance in confirming the identity of visitors and serviceproviders 
seeking to board the vessel through the facility;
    (16) Ensure notification, as soon as possible, to law 
enforcementpersonnel

[[Page 379]]

and other emergency responders to permit a timelyresponse to any 
transportation security incident;
    (17) Ensure that the FSP is submitted to the cognizant COTP 
forapproval, as well as any plans to change the facility or 
facilityinfrastructure prior to amending the FSP; and
    (18) Ensure that all facility personnel are briefed of changes 
insecurity conditions at the facility.
    (19) Ensure the TWIC program is being properly implemented.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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 
aTWIC, and must have knowledge, through training or equivalent 
jobexperience, 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 ofpersons 
who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Security related communications;
    (g) Knowledge of emergency procedures and contingency plans;
    (h) Operation of security equipment and systems;
    (i) Testing, calibration, and maintenance of security equipmentand 
systems;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Facility Security 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 thedifferent 
MARSEC Levels.
    (n) Familiar with all relevant aspects of the TWIC program and howto 
carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended by USCG-2006-
24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.215  Security 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, asappropriate:
    (a) Relevant provisions of the Facility Security Plan (FSP);
    (b) The meaning and the consequential requirements of thedifferent 
MARSEC Levels as they apply to them, including emergencyprocedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns ofpersons 
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 howto 
carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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 theproficiency of 
facility personnel in assigned security duties at allMARSEC Levels and 
the effective implementation of the FacilitySecurity Plan (FSP). They 
must enable the Facility Security Officer(FSO) to identify any related 
security deficiencies that need to beaddressed.
    (2) A drill or exercise required by this section may be 
satisfiedwith the implementation of security measures required by the 
FSP asthe result of an increase in the MARSEC Level, provided the 
facilityreports attainment to the cognizant COTP.
    (b) Drills. (1) The FSO must ensure that at least onesecurity drill 
is conducted every 3 months. Security drills may beheld in conjunction 
with non-security drills, where appropriate.
    (2) Drills must test individual elements of the FSP, 
includingresponse to security threats and incidents. Drills should take 
intoaccount the types of operations of the facility, facility 
personnelchanges, the type of vessel the facility is serving, and other

[[Page 380]]

relevant circumstances. Examples of drills include unauthorizedentry to 
a restricted area, response to alarms, and notification oflaw 
enforcement authorities.
    (3) If a vessel is moored at the facility on the date the 
facilityhas planned to conduct any drills, the facility cannot require 
thevessel or vessel personnel to be a part of or participate in 
thefacility's scheduled drill.
    (c) Exercises. (1) Exercises must be conducted at least onceeach 
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 
cooperativeexercise program with applicable facility and vessel security 
plans orcomprehensive port exercises.
    (4) Each exercise must test communication and 
notificationprocedures, and elements of coordination, resource 
availability, andresponse.
    (5) Exercises are a full test of the security program and 
mustinclude substantial and active participation of FSOs, and may 
includegovernment authorities and vessels visiting the facility. 
Requests forparticipation of Company and Vessel Security Officers in 
jointexercises should consider the security and work implications for 
thevessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.225  Facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the FacilitySecurity 
Officer (FSO) must keep records of the activities as set outin paragraph 
(b) of this section for at least 2 years and make themavailable to the 
Coast Guard upon request.
    (b) Records required by this section may be kept in 
electronicformat. If kept in an electronic format, they must be 
protectedagainst unauthorized deletion, destruction, or amendment. 
Thefollowing records must be kept:
    (1) Training. For training under Sec. 105.210, thedate of each 
session, duration of session, a description of thetraining, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, thedate held, 
description of drill or exercise, list of participants, andany best 
practices or lessons learned which may improve the FacilitySecurity Plan 
(FSP);
    (3) Incidents and breaches of security. For each incident orbreach 
of security, the date and time of occurrence, location withinthe 
facility, description of incident or breaches, to whom it wasreported, 
and description of the response;
    (4) Changes in MARSEC Levels. For each change in MARSECLevel, the 
date and time of notification received, and time ofcompliance with 
additional requirements;
    (5) Maintenance, calibration, and testing of securityequipment. For 
each occurrence of maintenance, calibration, andtesting, record the date 
and time, and the specific security equipmentinvolved;
    (6) Security threats. For each security threat, the date andtime of 
occurrence, how the threat was communicated, who received oridentified 
the threat, description of threat, to whom it was reported,and 
description of the response;
    (7) Declaration of Security (DoS) A copy of each single-visit DoS 
and a copy of each continuing DoS for at least 90 days afterthe end of 
its effective period; and
    (8) Annual audit of the FSP. For each annual audit, a 
lettercertified by the FSO stating the date the audit was completed.
    (c) Any record required by this part must be protected 
fromunauthorized access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.230  Maritime Security (MARSEC) Level coordination and implementation.

    (a) The facility owner or operator must ensure the facilityoperates 
in

[[Page 381]]

compliance with the security requirements in thispart for the MARSEC 
Level in effect for the port.
    (b) When notified of an increase in the MARSEC Level, the 
facilityowner and operator must ensure:
    (1) Vessels moored to the facilityand vessels scheduled to arrive at 
the facility within 96 hours of theMARSEC Level change are notified of 
the new MARSEC Level and theDeclaration of Security is revised as 
necessary;
    (2) The facility complies with the required additional 
securitymeasures within 12 hours; and
    (3) The facility reports compliance or noncompliance to the COTP.
    (c) For MARSEC Levels 2 and 3, the Facility Security Officer 
mustinform all facility personnel about identified threats, and 
emphasizereporting procedures and stress the need for increased 
vigilance.
    (d) An owner or operator whose facility is not in compliance withthe 
requirements of this section, must inform the COTP and obtainapproval 
prior to interfacing with a vessel or continuing operations.
    (e) At MARSEC Level 3, in addition to the requirements in thispart, 
a facility owner or operator may be required to implementadditional 
measures, pursuant to 33 CFR part 6, 160, or 165, asappropriate, which 
may include but are not limited to:
    (1) Use of waterborne security patrol;
    (2) Use of armed security personnel to control access to thefacility 
and to deter, to the maximum extent practical, atransportation security 
incident; and
    (3) Examination of piers, wharves, and similar structures at 
thefacility for the presence of dangerous substances or 
devicesunderwater or other threats.



Sec. 105.235  Communications.

    (a) The Facility Security Officer must have a means to 
effectivelynotify facility personnel of changes in security conditions 
at thefacility.
    (b) Communication systems and procedures must allow effective 
andcontinuous communications between the facility security 
personnel,vessels interfacing with the facility, the cognizant COTP, 
andnational and local authorities with security responsibilities.
    (c) At each active facility access point, provide a means 
ofcontacting police, security control, or an emergency operationscenter, 
by telephones, cellular phones, and/or portable radios, orother 
equivalent means.
    (d) Facility communications systems must have a backup means forboth 
internal and external communications.



Sec. 105.240  Procedures for interfacing with vessels.

    The facility owner or operator must ensure that there are 
measuresfor interfacing with vessels at all MARSEC Levels.



Sec. 105.245  Declaration of Security (DoS).

    (a) Each facility owner or operator must ensure procedures 
areestablished for requesting a DoS and for handling DoS requests from 
avessel.
    (b) At MARSEC Level 1, a facility receiving a cruise ship or amanned 
vessel carrying Certain Dangerous Cargo, in bulk, must complywith the 
following:
    (1) Prior to the arrival of a vessel to the facility, the 
FacilitySecurity Officer (FSO) and Master, Vessel Security Officer 
(VSO), ortheir designated representatives must coordinate security needs 
andprocedures, and agree upon the contents of the DoS for the period 
oftime the vessel is at the facility; and
    (2) Upon the arrival of the vessel at the facility, the FSO 
andMaster, VSO, or their designated representative, must sign the 
writtenDoS.
    (c) Neither the facility nor the vessel may embark or 
disembarkpassengers, nor transfer cargo or vessel stores until the DoS 
has beensigned and implemented.
    (d) At MARSEC Levels 2 and 3, the FSOs, or their 
designatedrepresentatives, of facilities interfacing with manned vessels 
subjectto part 104, of this subchapter must sign and implement DoSs 
asrequired in (b)(1) and (2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of facilities that 
frequentlyinterface with the same vessel may implement a continuing DoS 
formultiple visits, provided that:

[[Page 382]]

    (1) The DoS is valid for a specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30days.
    (f) When the MARSEC Level increases beyond that contained in theDoS, 
the continuing DoS is void and a new DoS must be executed inaccordance 
with this section.
    (g) A copy of all currently valid continuing DoSs must be keptwith 
the Facility Security Plan.
    (h) The COTP may require, at any time, at any MARSEC Level, 
anyfacility subject to this part to implement a DoS with the VSO prior 
toany vessel-to-facility interface when he or she deems it necessary.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.250  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working orderand 
inspected, tested, calibrated, and maintained according tomanufacturers' 
recommendations.
    (b) Security systems must be regularly tested in accordance withthe 
manufacturers' recommendations; noted deficiencies correctedpromptly; 
and the results recorded as required inSec. 105.225 of this subpart.
    (c) The FSP must include procedures for identifying and respondingto 
security system and equipment failures or malfunctions.



Sec. 105.255  Security measures for access control.

    (a) General. The facility owner or operator must ensure 
theimplementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substancesand 
devices, including any device intended to damage or destroypersons, 
vessels, facilities, or ports;
    (2) Secure dangerous substances and devices that are authorized 
bythe 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 
thefacility that is designated as a secure area unless the 
individualholds a duly issued TWIC and is authorized to be in the area.
    (b) The facility owner or operator must ensure that the followingare 
specified:
    (1) The locations where restrictions or prohibitions that 
preventunauthorized access are applied for each MARSEC Level, including 
thosepoints where TWIC access control provisions will be applied. 
Eachlocation allowing means of access to the facility must be addressed;
    (2) The types of restrictions or prohibitions to be applied andthe 
means of enforcing them;
    (3) The means used to establish the identity of individuals not 
inpossession of a TWIC, in accordance with Sec. 101.515 ofthis 
subchapter, and procedures for escorting them;
    (4) Procedures for identifying authorized and unauthorized personsat 
any MARSEC level; and
    (5) The locations where persons, personal effects and 
vehiclescreenings are to be conducted. The designated screening areas 
shouldbe covered to provide for continuous operations regardless of 
theweather conditions.
    (c) The facility owner or operator must ensure that a TWIC programis 
implemented as follows:
    (1) All persons seeking unescorted access to secure areas 
mustpresent their TWIC for inspection before being allowed 
unescortedaccess, in accordance with Sec. 101.514 of this 
subchapter.Inspection must include:
    (i) A match of the photo on the TWIC to the individual presentingthe 
TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present onthe 
card to determine whether the TWIC has been tampered with orforged.
    (2) If an individual cannot present a TWIC because it has beenlost, 
damaged or stolen, and he or she has previously been grantedunescorted 
access to the facility and is known to have had a validTWIC, the 
individual may be given unescorted access to secure areasfor a period of 
no longer than 7 consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged, orstolen 
to TSA as required in 49 CFR 1572.19(f);

[[Page 383]]

    (ii) The individual can present another identificationcredential 
that meets the requirements of Sec. 101.515 ofthis subchapter; and
    (iii) There are no other suspicious circumstances associated withthe 
individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any 
otherreason than outlined in paragraph (c)(2) of this section, he or 
shemay not be granted unescorted access to the secure area. 
Theindividual must be under escort, as that term is defined in part 
101of this subchapter, at all times when inside of a secure area.
    (4) With the exception of persons granted access according 
toparagraph (c)(2) of this section, all persons granted unescortedaccess 
to secure areas of the facility must be able to produce his orher TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraudand 
abuse.
    (6) The facility's TWIC program should be coordinated, 
whenpracticable, with identification and TWIC access control measures 
ofvessels or other transportation conveyances that use the facility.
    (d) If the facility owner or operator uses a separateidentification 
system, ensure that it complies and is coordinated withTWIC provisions 
in this part.
    (e) The facility owner or operator must establish in the 
approvedFacility Security Plan (FSP) the frequency of application of 
anyaccess controls, particularly if they are to be applied on a random 
oroccasional basis.
    (f) MARSEC Level 1. The facility owner or operator mustensure the 
following security measures are implemented at thefacility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons, baggage (including carry-on items), 
personaleffects, and vehicles, for dangerous substances and devices at 
therate specified in the approved FSP, excluding government-
ownedvehicles on official business when government personnel 
presentidentification credentials for entry;
    (3) Conspicuously post signs that describe security 
measurescurrently in effect and clearly state that:
    (i) Entering the facility is deemed valid consent to screening 
orinspection; and
    (ii) Failure to consent or submit to screening or inspection 
willresult in denial or revocation of authorization to enter.
    (4) Check the identification of any person not holding a TWIC 
andseeking entry to the facility, including vessel passengers, 
vendors,personnel duly authorized by the cognizant government 
authorities, andvisitors. This check shall include confirming the reason 
for boardingby 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 
identificationsystem implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on the facilityif 
the person is unable or unwilling, upon the request of facilitypersonnel 
or a law enforcement officer, to establish his or heridentity in 
accordance with this part or to account for his or herpresence. Any such 
incident must be reported in compliance with thispart;
    (6) Designate restricted areas and provide appropriate 
accesscontrols for these areas;
    (7) Identify access points that must be secured or attended todeter 
unauthorized access;
    (8) Deter unauthorized access to the facility and to 
designatedrestricted areas within the facility;
    (9) Screen by hand or device, such as x-ray, all 
unaccompaniedbaggage prior to loading onto a vessel; and
    (10) Secure unaccompanied baggage after screening in a 
designatedrestricted area and maintain security control during transfers 
betweenthe facility and a vessel.
    (g) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thefacility owner or 
operator must ensure the implementation ofadditional security measures, 
as specified for MARSEC Level 2 in their

[[Page 384]]

approved FSP. These additional security measures may include:
    (1) Increasing the frequency and detail of the screening ofpersons, 
baggage, and personal effects for dangerous substances anddevices 
entering the facility;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to guard access points andpatrol 
the perimeter of the facility to deter unauthorized access;
    (4) Limiting the number of access points to the facility byclosing 
and securing some access points and providing physicalbarriers to impede 
movement through the remaining access points;
    (5) Denying access to visitors who do not have a 
verifieddestination;
    (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 
whengovernment personnel present identification credentials for 
entry,screening vehicles and their contents for dangerous substances 
anddevices at the rate specified for MARSEC Level 2 in the approved FSP.
    (h) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, thefacility owner 
or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 3 in theirapproved FSP. These 
additional security measures may include:
    (1) Screening all persons, baggage, and personal effects 
fordangerous substances and devices;
    (2) Performing one or more of the following on unaccompaniedbaggage:
    (i) Screen unaccompanied baggage more extensively; for example, x-
raying from two or more angles;
    (ii) Prepare to restrict or suspend handling of 
unaccompaniedbaggage; 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 securityincident 
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 
ofthe facility; or
    (9) Increasing security patrols within the facility.

[USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec. 105.257  Security measures for newly-hired employees.

    (a) Newly-hired facility employees may be granted entry to 
secureareas of the facility for up to 30 consecutive calendar days prior 
toreceiving their TWIC provided all of the requirements in paragraph 
(b)of this section are met, and provided that the new hire is 
accompaniedby an individual with a TWIC while within the secure areas of 
thefacility. If TSA does not act upon a TWIC application within 30 
days,the cognizant Coast Guard COTP may further extend access to 
secureareas for another 30 days. The Coast Guard will determine whether, 
inparticular circumstances, certain practices meet the condition of anew 
hire being accompanied by another individual with a TWIC. TheCoast Guard 
will issue guidance for use in making thesedeterminations.
    (b) Newly-hired facility employees may be granted the accessprovided 
for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 
CFRpart 1572 by completing the full enrollment process, paying the 
userfee, and is not currently engaged in a waiver or appeal process. 
Thefacility owner or operator or the Facility Security Officer (FSO) 
musthave the new hire sign a statement affirming this, and must retain 
thesigned statement until the new hire receives a TWIC;
    (2) The facility owner or operator or the FSO enters the 
followinginformation 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

[[Page 385]]

    (v) Date of TWIC enrollment.
    (3) The new hire presents an identification credential that meetsthe 
requirements of Sec. 101.515 of this subchapter;
    (4) There are no other circumstances that would cause 
reasonablesuspicion regarding the new hire's ability to obtain a TWIC, 
and thefacility owner or operator or FSO have not been informed by 
thecognizant COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to facility operations if 
thenew hire is not allowed access.
    (c) This section does not apply to any individual being hired as 
aFSO, or any individual being hired to perform facility securityduties.
    (d) The new hire may not begin working at the facility under 
theprovisions of this section until the owner, operator, or FSO 
receivesnotification, via Homeport or some other means, the new hire 
haspassed an initial name check.

[USCG-2006-24196, 72 FR 3584, Jan. 25, 2007]



Sec. 105.260  Security measures for restricted areas.

    (a) General. The facility owner or operator must ensure 
thedesignation 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 oroperator 
must ensure restricted areas are designated within thefacility. They 
must also ensure that all restricted areas are clearlymarked and 
indicate that access to the area is restricted and thatunauthorized 
presence within the area constitutes a breach ofsecurity. The facility 
owner or operator may also designate the entirefacility as a restricted 
area. Restricted areas must include, asappropriate:
    (1) Shore areas immediately adjacent to each vessel moored at 
thefacility;
    (2) Areas containing sensitive security information, includingcargo 
documentation;
    (3) Areas containing security and surveillance equipment andsystems 
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 andpersonnel 
should be restricted;
    (7) Areas designated for loading, unloading or storage of cargoand 
stores; and
    (8) Areas containing cargo consisting of dangerous goods orhazardous 
substances, including certain dangerous cargoes.
    (c) The owner or operator must ensure that all restricted areashave 
clearly established security measures to:
    (1) Identify which facility personnel are authorized to haveaccess;
    (2) Determine which persons other than facility personnel 
areauthorized to have access;
    (3) Determine the conditions under which that access may takeplace;
    (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 tothe 
area is restricted and that unauthorized presence within the 
areaconstitutes 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 oroperator 
must ensure the implementation of security measures toprevent 
unauthorized access or activities within the

[[Page 386]]

area. Thesesecurity measures may include:
    (1) Restricting access to onlyauthorized personnel;
    (2) Securing all access points not actively used and 
providingphysical barriers to impede movement through the remaining 
accesspoints;
    (3) Assigning personnel to control access to restricted areas;
    (4) Verifying the identification and authorization of all personsand 
all vehicles seeking entry;
    (5) Patrolling or monitoring the perimeter of restricted areas;
    (6) Using security personnel, automatic intrusion detectiondevices, 
surveillance equipment, or surveillance systems to detectunauthorized 
entry or movement within restricted areas;
    (7) Directing the parking, loading, and unloading of vehicleswithin 
a restricted area;
    (8) Controlling unaccompanied baggage and or personal effectsafter 
screening;
    (9) Designating restricted areas for performing inspections ofcargo 
and vessel stores while awaiting loading; and
    (10) Designating temporary restricted areas to accommodatefacility 
operations. If temporary restricted areas are designated, theFSP must 
include a requirement to conduct a security sweep of thedesignated 
temporary restricted area both before and after the areahas been 
established.
    (e) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thefacility owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theirapproved FSP. These 
additional security measures may include:
    (1)Increasing the intensity and frequency of monitoring and 
accesscontrols on existing restricted access areas;
    (2) Enhancing the effectiveness of the barriers or 
fencingsurrounding restricted areas, by the use of patrols or 
automaticintrusion detection devices;
    (3) Reducing the number of access points to restricted areas, 
andenhancing the controls applied at the remaining accesses;
    (4) Restricting parking adjacent to vessels;
    (5) Further restricting access to the restricted areas andmovements 
and storage within them;
    (6) Using continuously monitored and recorded surveillanceequipment;
    (7) Enhancing the number and frequency of patrols, 
includingwaterborne patrols undertaken on the boundaries of the 
restrictedareas and within the areas; or
    (8) Establishing and restricting access to areas adjacent to 
therestricted areas.
    (f) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, thefacility owner 
or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 3 in theirapproved 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 allor 
part of the facility.



Sec. 105.265  Security measures for handling cargo.

    (a) General. The facility owner or operator must ensure thatsecurity 
measures relating to cargo handling, some of which may haveto 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 beingaccepted 
and stored at the facility without the knowing consent of thefacility 
owner or operator;
    (3) Identify cargo that is approved for loading onto 
vesselsinterfacing with the facility;
    (4) Include cargo control procedures at access points to 
thefacility;
    (5) Identify cargo that is accepted for temporary storage in 
arestricted area while awaiting loading or pick up;
    (6) Restrict the entry of cargo to the facility that does not havea 
confirmed date for loading, as appropriate;

[[Page 387]]

    (7) Ensure the release of cargo only to the carrier specifiedin the 
cargo documentation;
    (8) When there are regular or repeated cargo operations with thesame 
shipper, coordinate security measures with the shipper or 
otherresponsible party in accordance with an established agreement 
andprocedure; and
    (9) Create, update, and maintain a continuous inventory of 
alldangerous goods and hazardous substances from receipt to 
deliverywithin the facility, giving the location of those dangerous 
goods andhazardous substances.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner oroperator 
must ensure the implementation of measures to:
    (1) Unless unsafe to do so, routinely check cargo, cargo 
transportunits, and cargo storage areas within the facility prior to, 
andduring, cargo handling operations for evidence of tampering;
    (2) Check that cargo, containers, or other cargo transport 
unitsentering the facility match the delivery note or equivalent 
cargodocumentation;
    (3) Screen vehicles; and
    (4) Check seals and other methods used to prevent tampering 
uponentering the facility and upon storage within the facility.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thefacility owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved FSP. These 
additional security measures may include:
    (1) Conducting check of cargo, containers or other cargo 
transportunits, and cargo storage areas within the facility for evidence 
oftampering;
    (2) Intensifying checks, as appropriate, to ensure that only 
thedocumented cargo enters the facility, is temporarily stored there, 
andthen loaded onto the vessel;
    (3) Intensifying the screening of vehicles;
    (4) Increasing frequency and detail in checking of seals and 
othermethods used to prevent tampering;
    (5) Coordinating enhanced security measures with the shipper orother 
responsible party in accordance with an established agreementand 
procedures;
    (6) Increasing the frequency and intensity of visual and 
physicalinspections; or
    (7) Limiting the number of locations where dangerous goods 
andhazardous substances, including certain dangerous cargoes, can 
bestored.
    (d) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, thefacility owner 
or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 3 in theapproved FSP. These 
additional security measures may include:
    (1) Restricting or suspending cargo movements or operations 
withinall 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 goodsand 
hazardous substances, including certain dangerous cargoes, heldwithin 
the facility and their location.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60541, 
Oct. 22, 2003]



Sec. 105.270  Security measures for delivery of vessel stores and bunkers.

    (a) General. The facility owner or operator must ensure thatsecurity 
measures relating to the delivery of vessel stores andbunkers 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 andexecute 
standing arrangements between the vessel, its suppliers, and afacility 
regarding notification and the timing of deliveries and 
theirdocumentation; 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 oroperator 
must ensure the implementation of measures to:

[[Page 388]]

    (1) Screen vessel stores at the rate specified in theapproved 
Facility Security Plan (FSP);
    (2) Require advance notification of vessel stores or 
bunkersdelivery, including a list of stores, delivery vehicle 
driverinformation, and vehicle registration information;
    (3) Screen delivery vehicles at the frequencies specified in 
theapproved FSP; and
    (4) Escort delivery vehicles within the facility at the 
ratespecified by the approved FSP.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, thefacility owner or 
operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved 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 againstthe 
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 thatwill 
not leave the facility within a specified period.
    (d) MARSEC Level 3. In addition to the security measures forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facilityowner and 
operator must ensure implementation of additional securitymeasures, as 
specified for MARSEC Level 3 in the approved FSP.Examples of these 
additional security measures may include:
    (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  Security measures for monitoring.

    (a) General. The facility owner or operator must ensure 
theimplementation of security measures in this section and have 
thecapability to continuously monitor, through a combination of 
lighting,security guards, waterborne patrols, automatic intrusion-
detectiondevices, or surveillance equipment, as specified in the 
approvedFacility Security 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 oroperator 
must ensure the security measures in this section areimplemented at all 
times, including the period from sunset to sunriseand periods of limited 
visibility. For each facility, ensuremonitoring capability that:
    (1) When automatic intrusion-detection devices are used, activatesan 
audible or visual alarm, or both, at a location that iscontinuously 
attended or monitored;
    (2) Is able to function continually, including consideration ofthe 
possible effects of weather or of a power disruption;
    (3) Monitors the facility area, including shore and watersideaccess 
to it;
    (4) Monitors access points, barriers and restricted areas;
    (5) Monitors access and movements adjacent to vessels using 
thefacility, including augmentation of lighting provided by the 
vesselitself; and
    (6) Limits lighting effects, such as glare, and their impact 
onsafety, navigation, and other security activities.
    (c) MARSEC Level 2. In addition to the security measures forMARSEC 
Level 1 in this section, at MARSEC Level 2, the facility owneror 
operator must also ensure the implementation of additional 
securitymeasures, as specified for MARSEC Level 2 in the approved FSP. 
Theseadditional measures may include:
    (1) Increasing the coverage and intensity of surveillanceequipment, 
including the provision of additional surveillancecoverage;
    (2) Increasing the frequency of foot, vehicle or waterbornepatrols;
    (3) Assigning additional security personnel to monitor and patrol;or

[[Page 389]]

    (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 forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facilityowner or 
operator must also ensure implementation of additionalsecurity measures, 
as specified for MARSEC Level 3 in the approvedFSP. These additional 
security measures may include:
    (1) Switching on all lighting within, or illuminating the 
vicinityof, the facility;
    (2) Switching on all surveillance equipment capable of 
recordingactivities within or adjacent to the facility;
    (3) Maximizing the length of time such surveillance equipment 
cancontinue to record; or
    (4) Complying with the instructions issued by those responding tothe 
security incident.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.280  Security incident procedures.

    For each MARSEC Level, the facility owner or operator must ensurethe 
Facility Security Officer and facility security personnel are ableto:
    (a) Respond to security threats or breaches of security andmaintain 
critical facility and vessel-to-facility interfaceoperations;
    (b) Evacuate the facility in case of security threats or breachesof 
security;
    (c) Report security incidents as required inSec. 101.305 of this 
subchapter;
    (d) Brief all facility personnel on possible threats and the needfor 
vigilance, soliciting their assistance in reporting suspiciouspersons, 
objects, or activities; and
    (e) Secure non-critical operations in order to focus response 
oncritical operations.



Sec. 105.285  Additional requirements-passenger and ferry facilities.

    (a) At all MARSEC Levels, the owner or operator of a passenger 
orferry facility must ensure, in coordination with a vessel moored atthe 
facility, that the following security measures are implemented 
inaddition to the requirements of this part:
    (1) Establish separate areas to segregate unchecked persons 
andpersonal effects from checked persons and personal effects;
    (2) Ensure that a defined percentage of vehicles to be loadedaboard 
are screened prior to loading, in accordance with a MARSECDirective or 
other orders issued by the Coast Guard;
    (3) Ensure that all unaccompanied vehicles to be loaded onpassenger 
vessels are screened prior to loading;
    (4) Deny passenger access to secure and restricted areas 
unlessescorted by authorized facility security personnel; and
    (5) In a facility with a public access area designated underSec. 
105.106, provide sufficient security personnel tomonitor all persons 
within the area.
    (b) At MARSEC Level 2, in addition to the requirements inparagraph 
(a) of this section, the owner or operator of a passenger orferry 
facility with a public access area designated underSec. 105.106 must 
increase the intensity of monitoring ofthe public access area.
    (c) At MARSEC Level 3, in addition to the requirements inparagraph 
(a) of this section, the owner or operator of a passenger orferry 
facility with a public access area designated underSec. 105.106 must 
increase the intensity of monitoring andassign additional security 
personnel to monitor the public accessarea.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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 
thefacility, the facility owner or operator must ensure the 
followingsecurity measures:
    (a) Screen all persons, baggage, and personal effects fordangerous 
substances and devices;
    (b) Check the identification of all persons seeking to enter 
thefacility. Persons holding a TWIC shall be checked as set forth in 
thispart. For persons not holding a TWIC, this check includes 
confirmingthe reason for

[[Page 390]]

boarding by examining passenger tickets, boardingpasses, government 
identification or visitor badges, or work orders;
    (c) Designate holding, waiting, or embarkation areas within 
thefacility's secure area to segregate screened persons and 
theirpersonal effects awaiting embarkation from unscreened persons 
andtheir 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 
andrestricted 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 facilitiesmust 
ensure the implementation of the following security measures inaddition 
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 
accessidentification is not provided. Escort provisions do not apply 
toprearranged cargo deliveries;
    (2) Control the parking, loading, and unloading of vehicles withina 
facility;
    (3) Require security personnel to record or report their presenceat 
key points during their patrols;
    (4) Search unmanned or unmonitored waterfront areas for 
dangeroussubstances and devices prior to a vessel's arrival at the 
facility;and
    (5) Provide an alternate or independent power source for securityand 
communications systems.
    (b) At MARSEC Level 2, in addition to the requirements for 
MARSECLevel 1, owners or operators of CDC facilities must ensure 
theimplementation of the following security measures:
    (1) Release cargo only in the presence of the Facility 
SecurityOfficer (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 
MARSECLevel 1 and MARSEC Level 2, owners or operators of CDC facilities 
mustensure the facilities are continuously guarded and restricted 
areasare patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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 thispart, 
an owner or operator of a barge fleeting facility must ensurethe 
implementation of the following security measures:
    (1) Designate one or more restricted areas within the bargefleeting 
facility to handle those barges carrying, in bulk, cargoesregulated by 
46 CFR chapter I, subchapters D or O, or CertainDangerous Cargoes;
    (2) Maintain a current list of vessels and cargoes in thedesignated 
restricted area; and
    (3) Ensure that at least one towing vessel is available to 
servicethe fleeting facility for every 100 barges within the facility.
    (4) Control access to the barges once tied to the fleeting area 
byimplementing TWIC as described in Sec. 105.255 of this part.
    (b) At MARSEC Level 2, in addition to the requirements of thispart 
and MARSEC Level 1 requirements, an owner or operator of a bargefleeting 
facility must ensure security personnel are assigned tomonitor or patrol 
the designated restricted area within the bargefleeting facility.
    (c) At MARSEC Level 3, in addition to the requirements of thispart 
and MARSEC Level 2 requirements, an owner or operator of a bargefleeting 
facility must ensure that both land and waterside perimetersof the 
designated restricted area within the barge fleeting facilityare 
continuously monitored or patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3585, Jan. 25, 2007]



              Subpart C_Facility Security Assessment (FSA)



Sec. 105.300  General.

    (a) The Facility Security Assessment (FSA) is a written documentthat 
is

[[Page 391]]

based on the collection of background information, thecompletion of an 
on-scene survey and an analysis of that information.
    (b) A common FSA may be conducted for more than one similarfacility 
provided the FSA reflects any facility-specificcharacteristics that are 
unique.
    (c) Third parties may be used in any aspect of the FSA if theyhave 
the appropriate skills and if the Facility Security Officer (FSO)reviews 
and accepts their work.
    (d) Those involved in a FSA must be able to draw upon 
expertassistance 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 ofpersons 
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 
andfacility 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 computersystems 
and networks;
    (12) Marine or civil engineering; and
    (13) Facility and vessel operations.



Sec. 105.305  Facility Security Assessment (FSA) requirements.

    (a) Background. The facility owner or operator must ensurethat the 
following background information, if applicable, is providedto 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 
thefacility;
    (ii) The number, reliability, and security duties of 
facilitypersonnel;
    (iii) Security doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to 
maintainessential services;
    (vi) The maintenance equipment, cargo spaces, storage areas, 
andunaccompanied baggage storage;
    (vii) Location of escape and evacuation routes and assemblystations; 
and
    (viii) Existing security and safety equipment for protection 
ofpersonnel 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 andexisting 
agreements with local or municipal agencies;
    (5) Procedures for controlling keys and other access 
preventionsystems;
    (6) Procedures for cargo and vessel stores operations;
    (7) Response capability to security incidents;
    (8) Threat assessments, including the purpose and methodology ofthe 
assessment, for the port in which the facility is located or atwhich 
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 mustensure that 
an on-scene survey of each facility is conducted. The on-scene survey 
examines and evaluates existing facility protectivemeasures, procedures, 
and operations to verify or collect theinformation required in paragraph 
(a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, thefacility 
owner or operator must ensure that the FSO analyzes thefacility 
background information and the on-scene survey, andconsidering the 
requirements of this part, provides recommendations toestablish and 
prioritize the security measures that should be includedin the FSP. The 
analysis must consider:
    (1) Each vulnerability found during the on-scene survey includingbut 
not limited to:

[[Page 392]]

    (i) Waterside and shore-side access to the facility andvessel 
berthing at the facility;
    (ii) Structural integrity of the piers, facilities, and 
associatedstructures;
    (iii) Existing security measures and procedures, 
includingidentification systems;
    (iv) Existing security measures and procedures relating toservices 
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 companiesproviding 
waterside and shore-side security services;
    (ix) Any conflicting policies between safety and security 
measuresand procedures;
    (x) Any conflicting facility operations and security 
dutyassignments;
    (xi) Any enforcement and personnel constraints;
    (xii) Any deficiencies identified during daily operations ortraining 
and drills; and
    (xiii) Any deficiencies identified following security incidents 
oralerts, the report of security concerns, the exercise of 
controlmeasures, or audits;
    (2) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the facility or of a vessel mooredat 
the facility;
    (ii) Hijacking or seizure of a vessel moored at the facility or 
ofpersons on board;
    (iii) Tampering with cargo, essential equipment or systems, orstores 
of a vessel moored at the facility;
    (iv) Unauthorized access or use including the presence ofstowaways;
    (v) Smuggling dangerous substances and devices to the facility;
    (vi) Use of a vessel moored at the facility to carry thoseintending 
to cause a security incident and their equipment;
    (vii) Use of a vessel moored at the facility as a weapon or as 
ameans to cause damage or destruction;
    (viii) Impact on the facility and its operations due to a blockageof 
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'sinfrastructure, policies and procedures;
    (5) Any particular aspects of the facility, including the 
vesselsusing the facility, which make it likely to be the target of 
anattack;
    (6) Likely consequences in terms of loss of life, damage toproperty, 
and economic disruption, including disruption totransportation systems, 
of an attack on or at the facility; and
    (7) Locations where access restrictions or prohibitions will 
beapplied for each MARSEC Level.
    (d) FSA report. (1) The facility owner or operator mustensure that a 
written FSA report is prepared and included as part ofthe FSP. The 
report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, 
includinginspection, control and monitoring equipment, personnel 
identificationdocuments and communication, alarm, lighting, access 
control, andsimilar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used toaddress 
each vulnerability;
    (v) A list of the key facility operations that are important 
toprotect; and
    (vi) A list of identified weaknesses, including human factors, inthe 
infrastructure, policies, and procedures of the facility.
    (2) A FSA report must describe the following elements within 
thefacility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;

[[Page 393]]

    (v) Radio and telecommunication systems, including computersystems 
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 
followingcategories:
    (i) Facility personnel;
    (ii) Passengers, visitors, vendors, repair technicians, 
vesselpersonnel, 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 
thefollowing 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 
onfacility personnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communicationsystems.
    (5) The FSA report must discuss and evaluate key facility 
measuresand operations, including:
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the facility, through the use 
ofidentification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and 
otherpersons and their effects (including personal effects and 
baggagewhether accompanied or unaccompanied);
    (iv) Procedures for the handling of cargo and the delivery ofvessel 
stores;
    (v) Monitoring restricted areas to ensure that only 
authorizedpersons 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 fromunauthorized 
access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.310  Submission requirements.

    (a) A completed FSA report must be submitted with the 
FacilitySecurity Plan required in Sec. 105.410 of this part.
    (b) A facility owner or operator may generate and submit a 
reportthat contains the Facility Security Assessment for more than 
onefacility subject to this part, to the extent that they 
sharesimilarities in design and operations, if authorized and approved 
bythe cognizant COTP.
    (c) The FSA must be reviewed and validated, and the FSA reportmust 
be updated each time the FSP is submitted for reapproval orrevisions.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003]



                 Subpart D_Facility Security Plan (FSP)



Sec. 105.400  General.

    (a) The Facility Security Officer (FSO) must ensure a 
FacilitySecurity Plan (FSP) is developed and implemented for each 
facility forwhich 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 
FacilitySecurity Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one facility to the extent that they 
sharesimilarities in design and operations, if authorized and approved 
bythe cognizant COTP.
    (b) The FSP must be submitted for approval to the cognizant COTPin a 
written or electronic format. Information for submitting the 
FSPelectronically can be found at http://www.uscg.mil/HQ/MSC.
    (c) The FSP is sensitive security information and must beprotected 
in accordance with 49 CFR part 1520.

[[Page 394]]

    (d) If the FSP is kept in an electronic format, proceduresmust be in 
place to prevent its unauthorized deletion, destruction, oramendment.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003]



Sec. 105.405  Format and content of the Facility Security Plan (FSP).

    (a) A facility owner or operator must ensure that the FSP consistsof 
the individual sections listed in this paragraph (a). If the FSPdoes not 
follow the order as it appears in the list, the facilityowner or 
operator must ensure that the FSP contains an indexidentifying the 
location of each of the following sections:
    (1) Security 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 Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control, including 
designatedpublic access areas;
    (11) Security measures for restricted areas;
    (12) Security measures for handling cargo;
    (13) Security measures for delivery of vessel stores and bunkers;
    (14) Security measures for monitoring;
    (15) Security incident procedures;
    (16) Audits and security plan amendments;
    (17) Facility Security Assessment (FSA) report; and
    (18) Facility Vulnerability and Security Measures Summary (FormCG-
6025) in appendix A to part 105-FacilityVulnerability and Security 
Measures Summary (CG-6025).
    (b) The FSP must describe in detail how the requirements ofsubpart B 
of this part will be met. FSPs that have been approved bythe Coast Guard 
prior to March 26, 2007, do not need to be amended todescribe their TWIC 
procedures until the next regularly scheduledresubmission of the FSP.
    (c) The Facility Vulnerability and Security Measures Summary 
(FormCG-6025) must be completed using information in the FSAconcerning 
identified vulnerabilities and information in the FSPconcerning security 
measures in mitigation of these vulnerabilities.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended 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 
eachfacility currently in operation must either:
    (1) Submit one copy of their Facility Security Plan (FSP) forreview 
and approval to the cognizant COTP and a letter certifying thatthe FSP 
meets applicable requirements of this part; or
    (2) If intending to operate under an Approved Security Program, 
aletter signed by the facility owner or operator stating which 
approvedAlternative Security Program the owner or operator intends to 
use.
    (b) Owners or operators of facilities not in service on or 
beforeDecember 31, 2003, must comply with the requirements in paragraph 
(a)of this section 60 days prior to beginning operations or by 
December31, 2003, whichever is later.
    (c) The cognizant COTP will examine each submission for 
compliancewith this part and either:
    (1) Approve it and specify any conditions of approval, returningto 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter 
withbrief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a 
briefstatement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than 
onefacility where they share similarities in design and operations, 
ifauthorized and approved by each cognizant COTP.
    (e) Each facility owner or operator that submits one FSP to covertwo 
or more facilities of similar design and operation must addressfacility-
specific information that includes the design

[[Page 395]]

andoperational characteristics of each facility and must complete 
aseparate Facility Vulnerability and Security Measures Summary (FormCG-
6025), in appendix A to part 105--FacilityVulnerability and Security 
Measures Summary (CG-6025), for eachfacility covered by the plan.
    (f) A FSP that is approved by the cognizant COTP is valid for 
fiveyears from the date of its approval.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68FR 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 Security 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 
isneeded to maintain the facility's security. The cognizant COTP, 
whowill give the facility owner or operator written notice and 
requestthat the facility owner or operator propose amendments addressing 
anymatters specified in the notice. The facility owner or operator 
willhave at least 60 days to submit its proposed amendments. 
Untilamendments are approved, the facility owner or operator shall 
ensuretemporary security measures are implemented to the satisfaction of 
theCOTP.
    (2) Proposed amendments must be submitted to the cognizant COTP.If 
initiated by the facility owner or operator, the proposed amendmentmust 
be submitted at least 30 days before the amendment is to takeeffect 
unless the cognizant COTP allows a shorter period. Thecognizant COTP 
will approve or disapprove the proposed amendment inaccordance with 
Sec. 105.410 of this subpart.
    (3) Nothing in this section should be construed as limiting 
thefacility owner or operator from the timely implementation of 
suchadditional security measures not enumerated in the approved FSP 
asnecessary to address exigent security situations. In such cases, 
theowner or operator must notify the cognizant COTP by the most 
rapidmeans practicable as to the nature of the additional measures, 
thecircumstances that prompted these additional measures, and the 
periodof time these additional measures are expected to be in place.
    (4) If there is a change in the owner or operator, the 
FacilitySecurity Officer (FSO) must amend the FSP to include the name 
andcontact information of the new facility owner or operator and 
submitthe affected portion of the FSP for review and approval in 
accordancewith Sec. 105.410 if this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP isperformed 
annually, beginning no later than one year from the initialdate of 
approval, and attach a letter to the FSP certifying that theFSP meets 
the applicable requirements of this part.
    (2) The FSP must be audited if there is a change in the 
facility'sownership or operator, or if there have been modifications to 
thefacility, including but not limited to physical structure, 
emergencyresponse procedures, security measures, or operations.
    (3) Auditing the FSP as a result of modifications to the facilitymay 
be limited to those sections of the FSP affected by the 
facilitymodifications.
    (4) Unless impracticable due to the size and nature of the companyor 
the facility, personnel conducting internal audits of the 
securitymeasures specified in the FSP or evaluating its implementation 
must:
    (i) Have knowledge of methods for conducting audits andinspections, 
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 FSAor 
FSP, the FSO must submit, in accordance with Sec. 105.410of this 
subpart, the amendments to the cognizant COTP for review andapproval no 
later than 30 days after completion of the audit and aletter certifying 
that the amended FSP meets the applicablerequirements of this part.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60542, 
Oct. 22, 2003]

[[Page 396]]



Sec. Appendix A to Part 105--FacilityVulnerability and Security Measures 
                         Summary (Form CG-6025)

[GRAPHIC] [TIFF OMITTED] TR22OC03.000

[[Page 397]]

[GRAPHIC] [TIFF OMITTED] TR01JY03.002

[[Page 398]]

[GRAPHIC] [TIFF OMITTED] TN01JY03.003

[[Page 399]]

[GRAPHIC] [TIFF OMITTED] TN01JY03.004


[USCG-2003-14732, 68 FR 39322, July 1, 2003, asamended at 68 FR 60543, 
Oct. 22, 2003]



PART 106_MARINE SECURITY: OUTER CONTINENTALSHELF (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 Security Program.
106.140 Maritime Security (MARSEC) Directive.
106.145 Right to appeal.

  Subpart B_Outer Continental Shelf (OCS) Facility SecurityRequirements

106.200 Owner or operator.
106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO).
106.215 Company or OCS facility personnel with securityduties.
106.220 Security training for all other OCS facilitypersonnel.
106.225 Drill and exercise requirements.
106.230 OCS facility recordkeeping requirements.

[[Page 400]]

106.235 Maritime Security (MARSEC) Level coordinationand implementation.
106.240 Communications.
106.245 Procedures for interfacing with vessels.
106.250 Declaration of Security (DoS).
106.255 Security systems and equipment maintenance.
106.260 Security measures for access control.
106.262 Security measures for newly-hired employees.
106.265 Security measures for restricted areas.
106.270 Security measures for delivery of stores andindustrial supplies.
106.275 Security measures for monitoring.
106.280 Security incident procedures.

  Subpart C_Outer Continental Shelf (OCS) Facility SecurityAssessment 
                                  (FSA)

106.300 General.
106.305 Facility Security Assessment (FSA) requirements.
106.310 Submission requirements.

   Subpart D_Outer Continental Shelf (OCS) Facility SecurityPlan (FSP)

106.400 General.
106.405 Format and Content of the Facility Security 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, and6.19; Department Of Homeland 
Security Delegation No. 0170.1.

    Source: USCG-2003-14759, 68 FR 39345, July1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec. 106.100  Definitions.

    Except as specifically stated in this subpart, the definitions 
inpart 101 of this subchapter apply to this part.



Sec. 106.105  Applicability.

    (a) The requirements in this part apply to owners and operators 
ofany fixed or floating facility, including MODUs not subject to part104 
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 
resourcesthat are regulated by 33 CFR subchapter N, that meet the 
followingoperating conditions:
    (1) Hosts more than 150 persons for 12 hours or more in each 24-hour 
period continuously for 30 days or more;
    (2) Produces greater than 100,000 barrels of oil per day; or
    (3) Produces greater than 200 million cubic feet of natural gasper 
day.
    (b) The TWIC requirements found in this part do not apply tomariners 
employed aboard vessels moored at U.S. OCS facilities onlywhen they are 
working immediately adjacent to their vessels in theconduct of vessel 
activities.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended by USCG-2006-
24196, 72 FR 55048, Sept. 28, 2007]



Sec. 106.110  Compliance dates.

    (a) On or before December 31, 2003, OCS facility owners oroperators 
must submit to the cognizant District Commander for each OCSfacility--
    (1) The Facility Security Plan described in subpart D of this 
partfor review and approval; or
    (2) If intending to operate under an approved Alternative 
SecurityProgram, a letter signed by the OCS facility owner or operator 
statingwhich approved Alternative Security Program the owner or 
operatorintends to use.
    (b) On or before July 1, 2004, each OCS facility owner or 
operatormust be operating in compliance with this part.
    (c) OCS facilities built on or after July 1, 2004, must submit 
forapproval an FSP 60 days prior to beginning operations.
    (d) Persons required to obtain a TWIC under this part may 
enrollbeginning after the date set by the Coast Guard in a Notice to 
bepublished in the Federal Register. This notice will be directedto all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordancewith 
the TWIC provisions in this part by the date set by the CoastGuard in a 
Notice to be published in the Federal Register. ThisNotice will be 
published at least 90 days before compliance mustbegin, and will be 
directed to all facilities within a specificCaptain of the Port zone, 
based on whether enrollment has beencompleted in that zone. Unless an 
earlier compliance date is specifiedin this manner, all facility

[[Page 401]]

owner or operators will need toimplement their TWIC provisions no later 
than April 15, 2009.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60557, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3585, Jan. 25, 2007; 73 FR 25565, 
May 7, 2008]



Sec. 106.115  Compliance documentation.

    Each OCS facility owner or operator subject to this part mustensure 
before July 1, 2004, that copies of the following documentationare 
available at the OCS facility and are made available to the CoastGuard 
upon request:
    (a) The approved Facility Security Plan (FSP) and any 
approvedrevisions or amendments thereto, and a letter of approval from 
thecognizant District Commander dated within the last 5 years;
    (b) The FSP submitted for approval and current writtenacknowledgment 
from the cognizant District Commander, stating that theCoast Guard is 
currently reviewing the FSP submitted for approval andthat the OCS 
facility may continue to operate so long as the OCSfacility remains in 
compliance with the submitted FSP; or
    (c) For OCS facilities operating under a Coast Guard-
approvedAlternative Security Program as provided in Sec. 106.135, acopy 
of the Alternative Security Program the OCS facility is using,including 
a facility specific security assessment report generatedunder the 
Alternative Security Program, as specified inSec. 101.120(b)(3) of this 
subchapter, and a letter signedby the OCS facility owner or operator, 
stating which AlternativeSecurity Program the OCS facility is using and 
certifying that the OCSfacility is in full compliance with that program.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.120  Noncompliance.

    When an OCS facility must temporarily deviate from therequirements 
of this part, the OCS facility owner or operator mustnotify the 
cognizant District Commander, and either suspend operationsor request 
and receive permission from the District Commander tocontinue 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 
anyrequirement of this part that the OCS facility owner or 
operatorconsiders unnecessary in light of the nature or operating 
conditionsof the OCS facility. A request for a waiver must be submitted 
inwriting with justification to the cognizant District Commander. 
Thecognizant District Commander may require the OCS facility owner 
oroperator to provide additional data for use in determining thevalidity 
of the requested waiver. The cognizant District Commander maygrant a 
waiver, in writing, with or without conditions only if thewaiver will 
not reduce the overall security of the OCS facility, itspersonnel, or 
visiting vessels.



Sec. 106.130  Equivalents.

    For any measure required by this part, the OCS facility owner 
oroperator may propose an equivalent, as provided inSec. 101.130 of 
this subchapter.



Sec. 106.135  Alternative Security Program.

    An OCS facility owner or operator may use an Alternative 
SecurityProgram approved under Sec. 101.120 of this subchapter if:
    (a) The Alternative Security Program is appropriate to that 
OCSfacility;
    (b) The OCS facility does not serve vessels on internationalvoyages; 
and
    (c) The Alternative Security Program is implemented in itsentirety.



Sec. 106.140  Maritime Security (MARSEC) Directive.

    All OCS facility owners or operators subject to this part mustcomply 
with any instructions contained in a MARSEC Directive issuedunder Sec. 
101.405 of this subchapter.



Sec. 106.145  Right to appeal.

    Any person directly affected by a decision or action taken underthis 
part, by or on behalf of the Coast Guard, may appeal as describedin 
Sec. 101.420 of this subchapter.

[[Page 402]]



  Subpart B_Outer Continental Shelf (OCS) FacilitySecurity Requirements



Sec. 106.200  Owner or operator.

    (a) Each OCS facility owner or operator must ensure that the 
OCSfacility operates in compliance with the requirements of this part.
    (b) For each OCS facility, the OCS facility owner or operatormust:
    (1) Define the security organizational structure for each 
OCSfacility and provide each person exercising security duties 
orresponsibilities within that structure the support needed to 
fulfillthose obligations;
    (2) Designate in writing, by name or title, a Company 
SecurityOfficer (CSO) and a Facility Security Officer (FSO) for each 
OCSfacility and identify how those officers can be contacted at any 
time;
    (3) Ensure that a Facility Security Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of aFacility 
Security Plan (FSP);
    (5) Ensure that the OCS facility operates in compliance with 
theapproved FSP;
    (6) Ensure that the TWIC program is properly implemented as setforth 
in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and areauthorized 
to be in the secure area are permitted to escort; and
    (ii) Identifying what action is to be taken by an escort, or 
otherauthorized individual, should individuals under escort engage 
inactivities other than those for which escorted access was granted.
    (7) Ensure that adequate coordination of security issues takesplace 
between OCS facilities and vessels, including the execution of 
aDeclaration of Security (DoS) as required by this part;
    (8) Ensure, within 12 hours of notification of an increase inMARSEC 
Level, implementation of the additional security measuresrequired by the 
FSP for the new MARSEC Level;
    (9) Ensure all breaches of security and security incidents 
arereported in accordance with part 101 of this subchapter;
    (10) Ensure consistency between security requirements and 
safetyrequirements;
    (11) Inform OCS facility personnel of their responsibility toapply 
for and maintain a TWIC, including the deadlines and methods forsuch 
applications, and of their obligation to inform TSA of any eventthat 
would render them ineligible for a TWIC, or which wouldinvalidate their 
existing TWIC;
    (12) Ensure that protocols consistent withSec. 106.260(c) of this 
part, for dealing with individualsrequiring access who report a lost, 
damaged, or stolen TWIC, or whohave applied for and not yet received a 
TWIC, are in place; and
    (13) If applicable, ensure that protocols consistent withSec. 
106.262 of this part, for dealing with newly hiredemployees who have 
applied for and not yet received a TWIC, are inplace.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003; USCG-2006-24196,72 FR 3585, Jan. 25, 2007]



Sec. 106.205  Company Security Officer (CSO).

    (a) General. (1) An OCS facility owner or operator maydesignate a 
single CSO for all its OCS facilities to which this partapplies, or may 
designate more than one CSO, in which case the owneror operator must 
clearly identify the OCS facilities for which eachCSO is responsible.
    (2) A CSO may perform other duties within the owner's oroperator's 
organization, including the duties of a Facility SecurityOfficer, 
provided he or she is able to perform the duties andresponsibilities 
required of the CSO.
    (3) The CSO may delegate duties required by this part, but 
remainsresponsible 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) Security administration and organization of the OCS facility;
    (2) OCS facility and vessel operations and conditions;
    (3) OCS facility and vessel security measures including themeaning 
and consequential requirements of the different MARSEC Levels;

[[Page 403]]

    (4) Emergency preparedness and response and contingencyplanning;
    (5) Security equipment and systems and their operationallimitations;
    (6) Methods of conducting audits, inspection, control, 
andmonitoring; and
    (7) Techniques for security training and education, 
includingsecurity measures and procedures.
    (c) In addition to the knowledge and training in paragraph (b) 
ofthis section, the CSO must have general knowledge, through training 
orequivalent job experience, in the following, as appropriate:
    (1) Relevant international conventions, codes, andrecommendations;
    (2) Relevant government legislation and regulations;
    (3) Responsibilities and functions of other securityorganizations;
    (4) Methodology of Facility Security Assessment.
    (5) Methods of OCS facility security surveys and inspections;
    (6) Handling sensitive security information (SSI) and 
securityrelated 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 ofpersons 
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 dutiesrequired by 
this part, for each OCS facility for which the CSO isresponsible, the 
CSO must:
    (1) Keep the OCS facility apprised of potential threats or 
otherinformation relevant to its security;
    (2) Ensure that a Facility Security Assessment (FSA) is carriedout 
in compliance with this part;
    (3) Ensure that a Facility Security Plan (FSP) is 
developed,approved, maintained, and implemented in compliance with this 
part;
    (4) Ensure that the FSP is modified when necessary to comply 
withthis part;
    (5) Ensure that OCS facility security activities are audited 
incompliance with this part;
    (6) Ensure the timely correction of problems identified by auditsor 
inspections;
    (7) Enhance security awareness and vigilance within the owner's 
oroperator's organization;
    (8) Ensure relevant personnel receive adequate security trainingin 
compliance with this part;
    (9) Ensure communication and cooperation between the OCS facilityand 
vessels that interface with it, in compliance with this part;
    (10) Ensure consistency between security requirements and 
safetyrequirements in compliance with this part;
    (11) Ensure that if a common FSP is prepared for more than 
onesimilar OCS facility, the FSP reflects any OCS facility 
specificcharacteristics; and
    (12) Ensure compliance with an Alternative Security Program 
orequivalents approved under this subchapter, if appropriate.
    (13) Ensure the TWIC program is being properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 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 Security Officer (FSO).

    (a) General. (1) The FSO may perform other duties within theowner's 
or operator's organization, provided he or she is able toperform the 
duties and responsibilities required of the FSO of eachsuch OCS 
facility.
    (2) The same person may serve as the FSO for more than one 
OCSfacility, provided the facilities are within a reasonable proximity 
toeach other. If a person serves as the FSO for more than one 
OCSfacility, the name of each OCS facility for which he or she is the 
FSOmust be listed in the Facility Security Plan (FSP) of each 
OCSfacility for which he or she is the FSO.
    (3) The FSO may assign security duties to other OCS 
facilitypersonnel; however, the FSO remains responsible for these 
duties.

[[Page 404]]

    (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 asappropriate Sec. 
106.205(c), of this part;
    (2) OCS facility layout;
    (3) The FSP and related procedures; and
    (4) Operation, testing and maintenance of security equipment 
andsystems.
    (c) Responsibilities. In addition to any otherresponsibilities 
specified elsewhere in this part, the FSO must, foreach OCS facility for 
which he or she has been designated:
    (1) Regularly inspect the OCS facility to ensure that 
securitymeasures are maintained in compliance with this part;
    (2) Ensure the maintenance of and supervision of theimplementation 
of the FSP, and any amendments to the FSP, incompliance with this part;
    (3) Ensure the coordination and handling of stores and 
industrialsupplies in compliance with this part;
    (4) Where applicable, propose modifications to the FSP to theCompany 
Security Officer (CSO);
    (5) Ensure that any problems identified during audits orinspections 
are reported to the CSO, and promptly implement anycorrective actions;
    (6) Ensure security awareness and vigilance on board the 
OCSfacility;
    (7) Ensure adequate security training for OCS facility personnelin 
compliance with this part;
    (8) Ensure the reporting and recording of all security incidentsin 
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 theproper 
treatment of OCS facility personnel affected by thoserequirements;
    (12) Ensure that occurrences that threaten the security of the 
OCSfacility are recorded and reported to the CSO;
    (13) Ensure that when changes in the MARSEC Level are attainedthey 
are recorded and reported to the CSO, OCS facility owner oroperator, and 
the cognizant District Commander; and
    (14) Have prompt access to a copy of the FSA, along with anapproved 
copy of the FSP.
    (15) Ensure the TWIC program is properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended 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 
dutiesmust maintain a TWIC, and must have knowledge, through training 
orequivalent job experience, in the following, as appropriate:
    (a) Knowledge of current and anticipated security threats 
andpatterns.
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns ofpersons 
who are likely to threaten security;
    (d) Recognition of techniques used to circumvent securitymeasures;
    (e) Security related communications;
    (f) Knowledge of emergency procedures and contingency plans;
    (g) Operation of security equipment and systems;
    (h) Testing, calibration, and maintenance of security equipmentand 
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 andhow 
to carry them out;
    (l) Relevant provisions of the Facility Security Plan (FSP); and
    (m) The meaning and the consequential requirements of thedifferent 
MARSEC Levels.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 41917, July 16, 2003, 
as amended by USCG-2006-24196,72 FR 3586, Jan. 25, 2007]

[[Page 405]]



Sec. 106.220  Security training for all other OCS facility personnel.

    All other OCS facility personnel, including contractors, 
whetherpart-time, full-time, temporary, or permanent, must have 
knowledge,through training or equivalent job experience, of the 
following, asappropriate:
    (a) Relevant provisions of the Facility Security Plan (FSP);
    (b) The meaning and the consequential requirements of thedifferent 
MARSEC Levels including emergency procedures and contingencyplans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns ofpersons 
who are likely to threaten security; and
    (e) Recognition of techniques used to circumvent securitymeasures.
    (f) Familiarity with all relevant aspects of the TWIC program andhow 
to carry them out.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended 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 theproficiency of 
facility personnel in assigned security duties at allMARSEC Levels and 
the effective implementation of the FacilitySecurity Plan (FSP). They 
must enable the Facility Security Officer(FSO) to identify any related 
security deficiencies that need to beaddressed.
    (2) A drill or exercise required by this section may be 
satisfiedwith the implementation of security measures required by the 
FSP asthe result of an increase in the MARSEC Level, provided the 
FSOreports attainment to the cognizant District Commander.
    (b) Drills. (1) From the date of the FSP approval, the FSOmust 
ensure that at least one security drill is conducted every 3months. 
Security drills may be held in conjunction with non-securitydrills, 
where appropriate.
    (2) Drills must test individual elements of the FSP, 
includingresponse to security threats and incidents. Drills should take 
intoaccount the types of operations of the OCS facility, OCS 
facilitypersonnel changes, the types of vessels calling at the OCS 
facility,and other relevant circumstances. Examples of drills 
includeunauthorized entry to a restricted area, response to alarms, 
andnotification of appropriate authorities.
    (3) If a vessel is conducting operations with the OCS facility onthe 
date the OCS facility has planned to conduct any drills, the OCSfacility 
may include, but cannot require, the vessel or vesselpersonnel 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 nomore 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 
cooperativeexercise program.
    (4) Each exercise must test communication and 
notificationprocedures, and elements of coordination, resource 
availability, andresponse.
    (5) Exercises are a full test of the Facility Security Plan andmust 
include substantial and active participation of relevant companyand OCS 
facility personnel, and may include governmental authoritiesand vessels 
depending on the scope and the nature of the exercise.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.230  OCS facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the FacilitySecurity 
Officer (FSO) must keep records of the activities as set outin paragraph 
(b) of this section for at least 2 years and make themavailable to the 
Coast Guard upon request.
    (b) Records required by this section may be kept in 
electronicformat. If kept in an electronic format, they must be 
protectedagainst unauthorized access, deletion, destruction,

[[Page 406]]

amendment,and disclosure. The following records must be kept:
    (1) Training. For training under Sec. 106.215, thedate of each 
session, duration of session, a description of thetraining, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, thedate held, 
a description of the drill or exercise, a list ofparticipants, and any 
best practices or lessons learned which mayimprove the FSP;
    (3) Incidents and breaches of security. Date and time ofoccurrence, 
location within the OCS facility, a description of theincident or 
breach, the identity of the individual to whom it wasreported, and a 
description of the response;
    (4) Changes in MARSEC Levels. Date and time of thenotification 
received, and the time of compliance with additionalrequirements;
    (5) Maintenance, calibration, and testing of securityequipment. For 
each occurrence of maintenance, calibration, andtesting, record the date 
and time, and the specific security equipmentinvolved;
    (6) Security threats. Date and time of occurrence, how thethreat was 
communicated, who received or identified the threat, adescription of the 
threat, to whom it was reported, and a descriptionof the response;
    (7) Declaration of Security (DoS). A copy of each DoS for atleast 90 
days after the end of its effective period; and
    (8) Annual audit of the Facility Security Plan (FSP). Foreach annual 
audit, a letter certified by the FSO stating the date theaudit was 
conducted.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.235  Maritime Security (MARSEC) Level coordination and implementation.

    (a) The OCS facility owner or operator must ensure the OCSfacility 
operates in compliance with the security requirements in thispart for 
the MARSEC Level in effect for the OCS facility.
    (b) When notified of an increase in the MARSEC Level, the 
OCSfacility owner or operator must ensure:
    (1) Vessels conducting operations with the OCS facility andvessels 
scheduled to arrive at the OCS facility within 96 hours of theMARSEC 
Level change are notified of the new MARSEC Level and theDeclaration of 
Security (DoS), if applicable, is revised as necessary;
    (2) The OCS facility complies with the required additionalsecurity 
measures within 12 hours; and
    (3) The OCS facility reports compliance or noncompliance to 
thecognizant District Commander.
    (c) For MARSEC Levels 2 and 3, the Facility Security Officer 
(FSO)must inform all OCS facility personnel about identified 
threats,emphasize reporting procedures, and stress the need for 
increasedvigilance.
    (d) An OCS facility owner or operator whose facility is not 
incompliance with the requirements of this section must so inform 
thecognizant District Commander and obtain approval prior to 
interfacingwith another vessel or prior to continuing operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 41917, July 16, 2003]



Sec. 106.240  Communications.

    (a) The Facility Security Officer (FSO) must have a means 
toeffectively notify OCS facility personnel of changes in 
securityconditions at the OCS facility.
    (b) Communication systems and procedures must allow effective 
andcontinuous communications between the OCS facility security 
personnel,vessels interfacing with the OCS facility, the cognizant 
DistrictCommander, and national and local authorities with 
securityresponsibilities.
    (c) Facility communications systems must have a backup means forboth 
internal and external communications.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 41917, July 16, 2003]



Sec. 106.245  Procedures for interfacing with vessels.

    The OCS facility owner or operator must ensure that there 
aremeasures for interfacing with vessels at all MARSEC Levels.

[[Page 407]]



Sec. 106.250  Declaration of Security (DoS).

    (a) Each OCS facility owner or operator must ensure procedures 
areestablished for requesting a DoS and for handling DoS requests 
fromvessels.
    (b) At MARSEC Level 1, owners or operators of OCS 
facilitiesinterfacing with a manned vessel carrying Certain Dangerous 
Cargoes,in bulk, must:
    (1) Prior to the arrival of a vessel to the OCS facility, ensurethe 
Facility Security Officer (FSO) and Master, Vessel SecurityOfficer 
(VSO), or their designated representatives coordinate securityneeds and 
procedures, and agree upon the contents of a DoS for theperiod of time 
the vessel is at the OCS facility; and
    (2) Upon the arrival of the vessel at the OCS facility, the FSOand 
Master, VSO, or their designated representatives, must sign thewritten 
DoS.
    (c) Neither the OCS facility nor the vessel may embark ordisembark 
personnel, or transfer stores or industrial supplies untilthe DoS has 
been signed.
    (d) At MARSEC Levels 2 and 3, the FSOs of OCS facilitiesinterfacing 
with manned vessels subject to part 104 of this chapter,or their 
designated representatives, must sign and implement DoSs asrequired in 
paragraphs (b)(1) and (b)(2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of OCS facilities thatfrequently 
interface with the same vessel may implement a continuingDoS 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 90days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30days.
    (f) When the MARSEC Level increases beyond that contained in theDoS, 
the continuing DoS is void and a new DoS must be executed inaccordance 
with this section.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec. 106.255  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working orderand 
inspected, tested, calibrated, and maintained according tomanufacturers' 
recommendations.
    (b) Security systems must be regularly tested in accordance withthe 
manufacturers' recommendations; noted deficiencies correctedpromptly; 
and the results recorded as required inSec. 106.230(b)(5) of this part.
    (c) The Facility Security Plan (FSP) must include procedures 
foridentifying and responding to security system and equipment 
failuresor malfunctions.



Sec. 106.260  Security measures for access control.

    (a) General. The OCS facility owner or operator must ensurethe 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substancesand 
devices, including any device intended to damage or destroypersons, 
vessels, or the OCS facility;
    (2) Secure dangerous substances and devices that are authorized 
bythe 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 OCSfacility 
unless the individual holds a duly issued TWIC and isauthorized to be on 
the OCS facility.
    (b) The OCS facility owner or operator must ensure that thefollowing 
are specified:
    (1) All locations providing means of access to the OCS facilitywhere 
access restrictions or prohibitions are applied for eachsecurity level 
to prevent unauthorized access, including those pointswhere TWIC access 
control procedures will be applied;
    (2) The identification of the types of restriction or prohibitionto 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not 
inpossession of a TWIC and the means by which they will be allowedaccess 
to the OCS facility; and
    (4) Procedures for identifying authorized and unauthorized personsat 
any MARSEC level.
    (c) The OCS facility owner or operator must ensure that a 
TWICprogram is implemented as follows:

[[Page 408]]

    (1) All persons seeking unescorted access to secure areasmust 
present their TWIC for inspection before being allowed unescortedaccess, 
in accordance with Sec. 101.514 of this subchapter.Inspection must 
include:
    (i) A match of the photo on the TWIC to the individual presentingthe 
TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present onthe 
card to determine whether the TWIC has been tampered with orforged.
    (2) If an individual cannot present a TWIC because it has beenlost, 
damaged or stolen, and he or she has previously been grantedunescorted 
access to the facility and is known to have had a validTWIC, the 
individual may be given unescorted access to secure areasfor a period of 
no longer than seven consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged orstolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification 
credentialthat meets the requirements of Sec. 101.515 of 
thissubchapter; and
    (iii) There are no other suspicious circumstances associated withthe 
individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any 
otherreason than outlined in paragraph (c)(2) of this section, he or 
shemay not be granted unescorted access to the secure area. 
Theindividual must be under escort, as that term is defined in part 
101of this subchapter, at all times when inside of a secure area.
    (4) With the exception of persons granted access according 
toparagraph (c)(2) of this section, all persons granted unescortedaccess 
to secure areas of the facility must be able to produce his orher TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraudand 
abuse.
    (6) The facility's TWIC program should be coordinated, 
whenpracticable, with identification and TWIC access control measures 
ofvessels or other transportation conveyances that use the facility.
    (d) If the OCS facility owner or operator uses a 
separateidentification system, ensure that it is coordinated 
withidentification and TWIC systems in place on vessels 
conductingoperations with the OCS facility.
    (e) The OCS facility owner or operator must establish in theapproved 
Facility Security Plan (FSP) the frequency of application ofany access 
controls, particularly if they are to be applied on arandom or 
occasional basis.
    (f) MARSEC Level 1. The OCS facility owner or operator mustensure 
the following security measures are implemented at thefacility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons and personal effects going aboard the OCSfacility 
for dangerous substances and devices at the rate specified inthe 
approved FSP;
    (3) Conspicuously post signs that describe security 
measurescurrently in effect and clearly stating that:
    (i) Boarding an OCS facility is deemed valid consent to screeningor 
inspection; and
    (ii) Failure to consent or submit to screening or inspection 
willresult in denial or revocation of authorization to be on board;
    (4) Check the identification of any person seeking to board theOCS 
facility, including OCS facility employees, passengers and crewsof 
vessels interfacing with the OCS facility, vendors, and visitorsand 
ensure that non-TWIC holders are denied unescorted access to theOCS 
facility;
    (5) Deny or revoke a person's authorization to be on board if 
theperson is unable or unwilling, upon the request of OCS 
facilitypersonnel or a law enforcement officer, to establish his or 
heridentity in accordance with this part or to account for his or 
herpresence on board. Any such incident must be reported in 
compliancewith this part;
    (6) Deter unauthorized access to the OCS facility;
    (7) Identify access points that must be secured or attended todeter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces thatadjoin 
areas to which OCS facility personnel and visitors have access;

[[Page 409]]

    (9) Ensure OCS facility personnel are not required to engagein 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 witha 
vessel interfacing with the OCS facility, for conducting inspectionsand 
screening of people and their personal effects; and
    (11) Respond to the presence of unauthorized persons on board.
    (g) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, theOCS facility owner 
or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved FSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of screening of people 
andpersonal effects embarking onto the OCS facility as specified 
forMARSEC Level 2 in the approved FSP;
    (2) Assigning additional personnel to patrol deck areas 
duringperiods of reduced OCS facility operations to deter 
unauthorizedaccess;
    (3) Limiting the number of access points to the OCS facility 
byclosing and securing some access points; or
    (4) Deterring waterside access to the OCS facility, which 
mayinclude, providing boat patrols.
    (h) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, thefacility owner 
or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 3 in theirapproved FSP. The 
additional security measures may include:
    (1) Screening all persons and personal effects for 
dangeroussubstances and devices;
    (2) Being prepared to cooperate with responders;
    (3) Limiting access to the OCS facility to a single, 
controlledaccess point;
    (4) Granting access to only those responding to the securityincident 
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  Security measures for newly-hired employees.

    (a) Newly-hired OCS facility employees may be granted entry tosecure 
areas of the OCS facility for up to 30 consecutive calendardays prior to 
receiving their TWIC provided all of the requirements inparagraph (b) of 
this section are met, and provided that the new hireis accompanied by an 
individual with a TWIC while within the secureareas of the OCS facility. 
If TSA does not act upon a TWIC applicationwithin 30 days, the cognizant 
Coast Guard COTP may further extendaccess to secure areas for another 30 
days. The Coast Guard willdetermine whether, in particular 
circumstances, certain practices meetthe condition of a new hire being 
accompanied by another individualwith a TWIC. The Coast Guard will issue 
guidance for use in makingthese determinations.
    (b) Newly-hired OCS facility employees may be granted the 
accessprovided for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 
CFRpart 1572 by completing the full enrollment process, paying the 
userfee, and is not currently engaged in a waiver or appeal process. 
TheOCS facility owner or operator or Facility Security Officer (FSO) 
musthave th enew hire sign a statement affirming this, and must retain 
thesigned statement until the new hire receives a TWIC;
    (2) The OCS facility owner or operator or the FSO enters 
thefollowing information on the new hire into the Coast Guard's 
HomeportWeb 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.

[[Page 410]]

    (3) The new hire presents an identification credential thatmeets the 
requirements of Sec. 101.515 of this subchapter;
    (4) There are no other circumstances that would cause 
reasonablesuspicion regarding the new hire's ability to obtain a TWIC, 
and theOCS facility owner or operator or FSO have not been informed by 
thecognizant COTP that the individual poses a security threat; and
    (5) There would be an adverse impact to OCS facility operations 
ifthe new hire is not allowed access.
    (c) This section does not apply to any individual being hired as 
aCompany Security Officer or FSO, or any individual being hired 
toperform OCS facility security duties.
    (d) The new hire may not begin working at the OCS facility underthe 
provisions of this section until the owner, operator, or FSOreceives 
notification, via Homeport or some other means, the new hirehas passed 
an initial name check.

[USCG-2006-24196, 72 FR 3587, Jan. 25, 2007]



Sec. 106.265  Security measures for restricted areas.

    (a) General. The OCS facility owner or operator must ensurethe 
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 owneror 
operator must ensure restricted areas are designated within the 
OCSfacility. They must also ensure that all restricted areas are 
clearlymarked and indicate that access to the area is restricted and 
thatunauthorized presence within the area constitutes a breach 
ofsecurity. The OCS facility owner or operator may designate the 
entireOCS facility as a restricted area. Restricted areas must include, 
asappropriate:
    (1) Areas containing sensitive security information;
    (2) Areas containing security and surveillance equipment andsystems 
and their controls, and lighting system controls; and
    (3) Areas containing critical OCS facility infrastructureequipment, 
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 storesand 
industrial supplies; and
    (vii) Areas containing hazardous materials.
    (c) The OCS facility owner or operator must ensure that theFacility 
Security Plan (FSP) includes measures for restricted areasto:
    (1) Identify which OCS facility personnel are authorized to 
haveaccess;
    (2) Determine which persons other than OCS facility personnel 
areauthorized to have access;
    (3) Determine the conditions under which that access may takeplace;
    (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 facilityowner or 
operator must ensure the implementation of security measuresto prevent 
unauthorized access or activities within the area. Thesesecurity 
measures may include:
    (1) Restricting access to only authorized personnel;
    (2) Securing all access points not actively used and 
providingphysical barriers to impede movement through the remaining 
accesspoints;
    (3) Verifying the identification and authorization of all 
personsseeking entry;
    (4) Using security personnel, automatic intrusion detectiondevices, 
surveillance equipment, or surveillance systems to detectunauthorized 
entry

[[Page 411]]

to or movement within restricted areas; or
    (5) Designating temporary restricted areas to accommodate 
OCSfacility operations. If temporary restricted areas are designated, 
theFSP must include security requirements to conduct a security sweep 
ofthe designated temporary restricted areas both before and after 
thearea has been established.
    (e) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, theOCS facility owner 
or operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theirapproved FSP. These 
additional security measures may include:
    (1)Enhancing the effectiveness of the barriers surrounding 
restrictedareas, for example, by the use of patrols or automatic 
intrusiondetection devices;
    (2) Reducing the number of access points to restricted areas, 
andenhancing the controls applied at the remaining accesses;
    (3) Further restricting access to the restricted areas andmovements 
and storage within them;
    (4) Using continuously monitored and recorded surveillanceequipment;
    (5) Increasing the number and frequency of patrols, including theuse 
of waterborne patrols; or
    (6) Restricting access to areas adjacent to the restricted areas.
    (f) MARSEC Level 3. In addition to the security measuresrequired for 
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, theOCS facility 
owner or operator must ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 3 in theirapproved 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 allor 
part of the OCS facility.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.270  Security measures for delivery of stores and industrial supplies.

    (a) General. The OCS facility owner or operator must ensurethat 
security measures relating to the delivery of stores orindustrial 
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 acceptedwithout 
inspection;
    (3) Deter tampering; and
    (4) Prevent stores and industrial supplies from being acceptedunless 
ordered. For any vessels that routinely use an OCS facility, anOCS 
facility owner or operator may establish and implement 
standingarrangements between the OCS facility, its suppliers, and any 
vesseldelivering stores or industrial supplies regarding notification 
andthe timing of deliveries and their documentation.
    (b) MARSEC Level 1. At MARSEC Level 1, the OCS facilityowner 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 priorto 
being brought on board.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, theOCS facility owner 
or operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved Facility 
Security Plan (FSP). These additional securitymeasures may include:
    (1) Intensifying inspection of the stores orindustrial supplies 
during delivery; or
    (2) Checking stores or industrial supplies prior to receiving themon 
board.
    (d) MARSEC Level 3. In addition to the security measures forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facilityowner or 
operator must ensure the implementation of additionalsecurity measures, 
as specified for MARSEC Level 3 in the approvedFSP. These additional 
security measures may include:

[[Page 412]]

    (1) Checking all OCS facility stores or industrial suppliesmore 
extensively;
    (2) Restricting or suspending delivery of stores or 
industrialsupplies; or
    (3) Refusing to accept stores or industrial supplies on board.



Sec. 106.275  Security measures for monitoring.

    (a) General. (1) The OCS facility owner or operator mustensure the 
implementation of security measures in this section andhave the 
capability to continuously monitor, through a combination oflighting, 
watchkeepers, security guards, deck watches, waterbornepatrols, 
automatic intrusion-detection devices, or surveillanceequipment as 
specified in their approved Facility Security 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 
theappropriate level and location of lighting:
    (i) OCS facility personnel should be able to detect activities onand 
around OCS facilities;
    (ii) Coverage should facilitate personnel identification at 
accesspoints; 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 facilityowner or 
operator must ensure the implementation of security measures,which may 
be implemented in coordination with a vessel interfacingwith the OCS 
facility, to:
    (1) Monitor the OCS facility, particularly OCS facility accesspoints 
and restricted areas;
    (2) Be able to conduct emergency searches of the OCS facility;
    (3) Ensure that equipment or system failures or malfunctions 
areidentified and corrected;
    (4) Ensure that any automatic intrusion detection device, sets offan 
audible or visual alarm, or both, at a location that iscontinuously 
attended or monitored; and
    (5) Light deck and OCS facility access points during the 
periodbetween sunset and sunrise and periods of limited 
visibilitysufficiently to allow visual identification of persons seeking 
accessto the OCS facility.
    (c) MARSEC Level 2. In addition to the security measuresrequired for 
MARSEC Level 1 in this section, at MARSEC Level 2, theOCS facility owner 
or operator must also ensure the implementation ofadditional security 
measures, as specified for MARSEC Level 2 in theapproved 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 ofsecurity 
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 forMARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facilityowner or 
operator must ensure the implementation of additionalsecurity measures, 
as specified for MARSEC Level 3 in the approvedFSP. These additional 
security measures may include:
    (1) Cooperating with responders;
    (2) Switching on all lights;
    (3) Switching on all surveillance equipment capable of 
recordingactivities on, or in the vicinity of, the OCS facility;
    (4) Maximizing the length of time such surveillance equipment (ifnot 
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; 68FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec. 106.280  Security incident procedures.

    For each MARSEC Level, the OCS facility owner or operator mustensure 
the Facility Security Officer (FSO) and OCS facility securitypersonnel 
are able to:
    (a) Respond to security threats or breaches of security andmaintain 
critical OCS facility and OCS facility-to-vessel interfaceoperations;

[[Page 413]]

    (b) Deny access to the OCS facility, except to thoseresponding to an 
emergency;
    (c) Evacuate the OCS facility in case of security threats orbreaches 
of security; and
    (d) Report security incidents as required inSec. 101.305 of this 
subchapter;
    (e) Brief all OCS facility personnel on possible threats and theneed 
for vigilance, soliciting their assistance in reportingsuspicious 
persons, objects, or activities; and
    (f) Secure non-critical operations in order to focus response 
oncritical operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 41917, July 16, 2003]



  Subpart C_Outer Continental Shelf (OCS) Facility SecurityAssessment 
                                  (FSA)



Sec. 106.300  General.

    (a) The Facility Security Assessment (FSA) is a written documentthat 
is based on the collection of background information, thecompletion of 
an on-scene survey and an analysis of that information.
    (b) A single FSA may be performed and applied to more than one 
OCSfacility to the extent they share physical characteristics, 
location,and operations.
    (c) Third parties may be used in any aspect of the FSA if theyhave 
the appropriate skills and if the Company Security Officer (CSO)reviews 
and accepts their work.
    (d) Those involved in a FSA must be able to draw upon 
expertassistance in the following areas, as appropriate:
    (1) Knowledge ofcurrent and anticipated security threats and 
patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns ofpersons 
who are likely to threaten security;
    (4) Recognition of techniques used to circumvent securitymeasures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on structures 
andessential 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 computersystems 
and networks;
    (12) Marine or civil engineering; and
    (13) OCS facility and vessel operations.



Sec. 106.305  Facility Security Assessment (FSA) requirements.

    (a) Background. The OCS facility owner or operator mustensure that 
the following background information, if applicable, isprovided 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 
facilitypersonnel;
    (iii) Security doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to 
maintainessential services;
    (vi) The essential maintenance equipment and storage areas;
    (vii) Location of escape and evacuation routes and assemblystations; 
and
    (viii) Existing security and safety equipment for protection 
ofpersonnel;
    (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 
preventionsystems;
    (5) Response capability for security incidents;
    (6) Threat assessments, including the purpose and methodology ofthe 
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 mustensure 
that an

[[Page 414]]

on-scene survey of each OCS facility is conducted.The on-scene survey 
examines and evaluates existing OCS facilityprotective measures, 
procedures, and operations to verify or collectthe information required 
in paragraph (a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, theOCS 
owner or operator must ensure that the Company Security Officer(CSO) 
analyzes the OCS facility background information and the on-scene 
survey, and considering the requirements of this part, 
providesrecommendations to establish and prioritize the security 
measures thatshould be included in the FSP. The analysis must consider:
    (1) Each vulnerability found during the on-scene survey, 
includingbut not limited to:
    (i) Access to the OCS facility;
    (ii) Structural integrity of the OCS facility;
    (iii) Existing security measures and procedures, 
includingidentification systems;
    (iv) Existing security measures and procedures relating toessential 
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 securitymeasures 
and procedures;
    (viii) Any conflicting OCS facility operations and security 
dutyassignments;
    (ix) Any deficiencies identified during daily operations ortraining 
and drills; and
    (x) Any deficiencies identified following security incidents 
oralerts, the report of security concerns, the exercise of 
controlmeasures, or audits.
    (2) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the OCS facility or of a 
vesseladjacent to the OCS facility;
    (ii) Smuggling dangerous substances and devices;
    (iii) Use of a vessel interfacing with the OCS facility to 
carrythose intending to cause a security incident and their equipment;
    (iv) Use of a vessel interfacing with the OCS facility as a weaponor 
as a means to cause damage or destruction; and
    (v) Effects of a nuclear, biological, radiological, explosive, 
orchemical attack to the OCS facility's shoreside support system;
    (3) Threat assessments by Government agencies;
    (4) Vulnerabilities, including human factors, in the OCSfacility's 
infrastructure, policies and procedures;
    (5) Any particular aspects of the OCS facility, including thevessels 
that interface with the OCS facility, which make it likely tobe the 
target of an attack;
    (6) Likely consequences, in terms of loss of life, damage 
toproperty, or economic disruption, of an attack on or at the 
OCSfacility; and
    (7) Locations where access restrictions or prohibitions will 
beapplied for each MARSEC Level.
    (d) FSA Report. (1) The OCS facility owner or operator mustensure 
that a written FSA report is prepared and included as a part ofthe FSP. 
The report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, 
includinginspection, control and monitoring equipment, personnel 
identificationdocuments and communication, alarm, lighting, access 
control, andsimilar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used toaddress 
each vulnerability;
    (v) A list of the key OCS facility operations that are importantto 
protect; and
    (vi) A list of identified weaknesses, including human factors, inthe 
infrastructure, policies, and procedures of the OCS facility.
    (2) A FSA report must describe the following elements within theOCS 
facility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;

[[Page 415]]

    (v) Radio and telecommunication systems, including computersystems 
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 
followingcategories:
    (i) OCS facility personnel;
    (ii) Visitors, vendors, repair technicians, vessel personnel,etc.;
    (iii) OCS facility stores;
    (iv) Any security communication and surveillance systems; and
    (v) Any other security systems, if any.
    (4) The FSA report must account for any vulnerabilities in 
thefollowing 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 
onpersonnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communicationsystems.
    (5) The FSA report must discuss and evaluate key OCS 
facilitymeasures and operations, including--
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the OCS facility through the use 
ofidentification systems or otherwise;
    (iii) Controlling the embarkation of OCS facility personnel andother 
persons and their effects (including personal effects andbaggage, 
whether accompanied or unaccompanied);
    (iv) Supervising the delivery of stores and industrial supplies;
    (v) Monitoring restricted areas to ensure that only 
authorizedpersons 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 fromunauthorized 
access or disclosure.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 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 
FacilitySecurity Plan (FSP) required in Sec. 106.410 of this part.
    (b) An OCS facility owner or operator may generate and submit 
areport that contains the FSA for more than one OCS facility subject 
tothis part, to the extent that they share similarities in 
physicalcharacteristics, location and operations.
    (c) The FSA must be reviewed and validated, and the FSA reportmust 
be updated each time the FSP is submitted for reapproval orrevisions.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



   Subpart D_Outer Continental Shelf (OCS) Facility SecurityPlan (FSP)



Sec. 106.400  General.

    (a) The OCS facility owner or operator must ensure the FSOdevelops 
and implements a Facility Security Plan (FSP) for each OCSfacility for 
which he or she is designated as FSO. The FSP:
    (1) Must identify the FSO by name or position and provide 24-
hourcontact information;
    (2) Must be written in English;
    (3) Must address each vulnerability identified in the 
FacilitySecurity Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one OCS facility to the extent that 
theyshare similarities in physical characteristics and operations, 
ifauthorized and approved by the cognizant District Commander.
    (b) The FSP must be submitted for approval to the cognizantDistrict 
Commander in a written or electronic format in a mannerprescribed by the 
cognizant District Commander.
    (c) The FSP is sensitive security information and must beprotected 
in accordance with 49 CFR part 1520.
    (d) If the FSP is kept in an electronic format, procedures must bein 
place to prevent its unauthorized deletion, destruction, oramendment.

[[Page 416]]



Sec. 106.405  Format and content of the FacilitySecurity Plan (FSP).

    (a) An OCS facility owner or operator must ensure that the 
FSPconsists of the individual sections listed in this paragraph (a). 
Ifthe FSP does not follow the order as it appears in this paragraph, 
theOCS facility owner or operator must ensure that the FSP contains 
anindex identifying the location of each of the following sections:

    (1) Security 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 Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control;
    (11) Security measures for restricted areas;
    (12) Security measures for delivery of stores and 
industrialsupplies;
    (13) Security measures for monitoring;
    (14) Security incident procedures;
    (15) Audits and FSP amendments; and
    (16) Facility Security Assessment (FSA) report.
    (b) The FSP must describe in detail how the requirements ofSubpart B 
of this part will be met. FSPs that have been approved bythe Coast Guard 
prior to March 26, 2007 do not need to be amended todescribe their TWIC 
procedures until the next regularly scheduledresubmission of the FSP.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68FR 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 eachOCS 
facility currently in operation must either:
    (1) Submit one copy of the Facility Security Plan (FSP) for 
reviewand approval to the cognizant District Commander and a 
lettercertifying that the FSP meets the applicable requirements of 
thispart; or
    (2) If intending to operate under an Approved Security 
Program,submit a letter signed by the OCS facility owner or operator 
statingwhich approved Alternative Security Program the owner or 
operatorintends to use.
    (b) Owners or operators of OCS facilities not in service on orbefore 
December 31, 2003, must comply with the requirements inparagraph (a) of 
this section 60 days prior to beginning operations orby December 31, 
2003, whichever is later.
    (c) The cognizant District Commander will examine each submissionfor 
compliance with this part and either:
    (1) Approve it and specify any conditions of approval, returningto 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter 
withbrief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a 
briefstatement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than oneOCS 
facility where they share similarities in physicalcharacteristics, 
location, and operations.
    (e) Each OCS facility owner or operator that submits one FSP tocover 
two or more OCS facilities of similar design, location, andoperation 
must address OCS facility-specific information that includesthe physical 
and operational characteristics of each OCS facility.
    (f) An FSP that is approved by the cognizant District Commander 
isvalid for 5 years from the date of its approval. The cognizantDistrict 
Commander will issue an approval letter, as indicated inSec. 106.115 of 
this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60558, 
Oct. 22, 2003]



Sec. 106.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Facility Security Plan(FSP) that 
are approved by the cognizant District Commander may beinitiated by:
    (i) The OCS facility owner or operator; or

[[Page 417]]

    (ii) The cognizant District Commander, upon a determinationthat an 
amendment is needed to maintain the OCS facility's security.The 
cognizant District Commander will give the OCS facility owner oroperator 
written notice and request that the OCS facility owner oroperator 
propose amendments addressing any matters specified in thenotice. The 
OCS facility owner or operator will have at least 60 daysto submit its 
proposed amendments. Until amendments are approved, theOCS facility 
owner or operator shall ensure temporary securitymeasures are 
implemented to the satisfaction of the cognizant DistrictCommander.
    (2) Proposed amendments must be sent to the cognizant 
DistrictCommander. If initiated by the OCS facility owner or operator, 
theproposed amendment must be submitted at least 30 days before 
theamendment is to take effect unless the cognizant District 
Commanderallows a shorter period. The cognizant District Commander will 
approveor disapprove the proposed amendment in accordance withSec. 
106.410 of this subpart.
    (3) Nothing in this section should be construed as limiting theOCS 
facility owner or operator from the timely implementation of 
suchadditional security measures not enumerated in the approved FSP 
asnecessary to address exigent security situations. In such cases, 
theowner or operator must notify the cognizant District Commander by 
themost rapid means practicable as to the nature of the 
additionalmeasures, the circumstances that prompted these additional 
measures,and the period of time these additional measures are expected 
to be inplace.
    (4) If the owner or operator has changed, the Facility 
SecurityOfficer (FSO) must amend the Facility Security Plan (FSP) to 
includethe name and contact information of the new OCS facility owner(s) 
oroperator(s) and submit the affected portion of the FSP for review 
andapproval in accordance with Sec. 106.410 of this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP isperformed 
annually, beginning no later than one year from the initialdate of 
approval and attach a letter to the FSP certifying that theFSP meets the 
applicable requirements of this part.
    (2) If there is a change in ownership or operations of the 
OCSfacility, or if there have been modifications to the OCS facility, 
theFSP 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 OCSfacility 
may be limited to those sections of the FSP affected by theOCS facility 
modifications.
    (4) Unless impracticable due to the size and nature of the companyor 
the OCS facility, personnel conducting internal audits of thesecurity 
measures specified in the FSP or evaluating itsimplementation must:
    (i) Have knowledge of methods of conducting audits andinspections, 
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 
theFacility Security Assessment (FSA) or FSP, the FSO must submit, 
inaccordance with Sec. 106.410 of this subpart, the amendmentsto the 
cognizant District Commander for review and approval no laterthan 30 
days after completion of the audit and a letter certifyingthat the 
amended FSP meets the applicable requirements of this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, asamended at 68 FR 60559, 
Oct. 22, 2003]



PART 107_NATIONAL VESSEL AND FACILITY CONTROLMEASURES AND LIMITED ACCESS AREAS--Table of Contents




Subpart A [Reserved]

        Subpart B_Unauthorized Entry Into Cuban TerritorialWaters

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.


[[Page 418]]


    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);Secretary of Homeland 
Security Order 2004-001; Department ofHomeland Security 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]



        Subpart B_Unauthorized Entry Into Cuban TerritorialWaters



Sec. 107.200  Definitions.

    Unless otherwise specified, as used in this subpart:
    Auxiliary vessel includes every description of watercraft orother 
artificial contrivance used, or capable of being used, as ameans of 
transportation on water attached to, or embarked in, anothervessel to 
which this subpart applies.
    Cuban territorial waters means the territorial sea andinternal 
waters of Cuba determined in accordance with internationallaw.
    Owner, agent, master, officer, or person in charge means thepersons 
or entities that maintain operational control over any vesselsubject to 
the requirements of this subpart.
    U.S. territorial waters has the same meaning as provided in50 U.S.C. 
195.
    Vessel includes every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water, including auxiliary vessels.
    Vessel of the United States means--
    (1) A vessel documented under chapter 121 of title 46 or a 
vesselnumbered 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 possessionof 
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, jointventure, 
limited liability company, limited liability partnership, orany other 
legal entity, created and authorized to own vessels underthe 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 nationin accordance with 
article 5 of the 1958 Convention on the High Seasand a claim of 
nationality or registry for the vessel is made by themaster or 
individual in charge at the time of the enforcement actionby an officer 
or employee of the United States authorized to enforceapplicable 
provisions of United States law;
    (3) A vessel that was once documented under the laws of the 
UnitedStates and, in violation of the laws of the United States, was 
eithersold to a person not a citizen of the United States or placed 
underforeign registry or a foreign flag, whether or not the vessel has 
beengranted the nationality of a foreign nation;
    (4) A vessel without nationality as defined in 46 U.S.C. 
Appendix1903(c)(2)-(3); or
    (5) A vessel assimilated to a vessel without nationality, 
inaccordance with paragraph (2) of article 6 of the 1958 Convention 
onthe High Seas.



Sec. 107.205  Purpose and delegation.

    The purpose of this subpart is to implement PresidentialProclamation 
7757, and Secretary of Homeland Security Order2004-001. All powers and 
authorities granted to officers of theCoast Guard by this subpart may be 
delegated to other officers andagents 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 crewof such 
vessels, that depart U.S. territorial waters and thereafterenter Cuban 
territorial waters, regardless of whether such entry ismade after an 
intervening entry into, passage through, or departurefrom 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

[[Page 419]]

the owners,agents, masters, officers, persons in charge, and members of 
the crewof 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 
ororder given under this subpart, or knowingly obstructs or 
interfereswith the exercise of any power conferred by this subpart.
    (b) This subpart does not apply to: Foreign vessels, as defined by46 
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 
Statesentering Cuban territorial waters under force majeure.



Sec. 107.215  Regulations.

    (a) Each person or vessel to which this subpart applies may notget 
underway or depart from U.S. territorial waters without a writtenpermit 
from the Commander, Seventh Coast Guard District, or theDistrict 
Commander's designee. Permits may be obtained pursuant to theprocess 
established in Sec. 107.220. The owner, agent,master, or person in 
charge of the vessel must maintain the writtenpermit for the vessel on 
board the vessel.
    (b) Each person or vessel to which this subpart applies must obeyany 
oral or written order issued by a Coast Guard Area or DistrictCommander, 
or their designees, who may issue oral or written orders tocontrol the 
anchorage or movement of such vessels and persons.Designees include 
Captains of the Port, and commissioned, warrant andpetty officers of the 
Coast Guard.
    (c) No person or vessel to which this subpart applies may obstructor 
interfere with the exercise of any power conferred by this subpart.
    (d) Coast Guard commissioned, warrant and petty officers may go 
orremain on board a vessel subject to this subpart, may place guards 
onthe subject vessel, may remove all persons not specifically 
authorizedby the Coast Guard to go or remain on board the subject 
vessel, andmay take full or partial possession or control of any such 
vessel orpart thereof, or person on board. Such actions to be taken are 
in thediscretion of the Coast Guard Area or District Commander, or 
theirdesignees, as deemed necessary to ensure compliance with this 
subpartand any order given pursuant thereto.
    (e) Where there is a reasonable, articulable basis to believe 
avessel to which this subpart applies intends to enter Cubanterritorial 
waters, any Coast Guard commissioned, warrant, or pettyofficer may 
require the owners, agents, masters, officers, or personsin charge, or 
any member of the crew of any such vessel to provideverbal assurance 
that the vessel will not enter Cuban territorialwaters as a condition 
for a vessel to get underway from a berth, pier,mooring, or anchorage in 
U.S. territorial waters, or to depart fromU.S. territorial waters. A 
Coast Guard commissioned, warrant, or pettyofficer may require the 
owners, agents, masters, officers, or personsin charge of the vessel to 
identify all persons on board the vesseland provide verbal assurances 
that all persons on board have receivedactual notice of these 
regulations. The failure of an owner, agent,master, officer, or person 
in charge, or any member of the crew of anyvessel (including all 
auxiliary vessels) to which this subpart appliesto provide requested 
verbal assurances shall not be used as the solebasis for seizing the 
vessel for forfeiture under this subpart.
    (f) The provisions of this subpart are in addition to any 
powersconferred by law upon Coast Guard commissioned, warrant, or 
pettyofficers, and not in limitation of any powers conferred by law 
orregulation upon such officers, or any other officers of the 
UnitedStates.



Sec. 107.220  Permits.

    (a) Applications for a permit may be obtained by writing orcalling 
the Chief of Operations at Commander, Seventh Coast GuardDistrict (o), 
909 SE First Avenue, Miami, FL 33131, telephone (305)415-6920, or by 
such other means as the District Commander maymake available to the 
public. The completed application may bereturned via regular mail or 
facsimile to the Chief of Operations atCommander, Seventh Coast Guard 
District (o), 909 SE First Avenue,Miami, FL 33131, facsimile

[[Page 420]]

(305) 415-6925, or by othermeans prescribed by the District Commander 
for the convenience of theapplicant.
    (b) All applications must be written in English and legible.
    (c) The information and documentation in this paragraph must 
beprovided with the application in order for it to be complete 
andconsidered by the Coast Guard:
    (1) The name, address, and telephone number of the applicant;
    (2) A copy of the valid vessel registration;
    (3) A copy of a valid and applicable license issued to theapplicant 
by the U.S. Department of Commerce, Bureau of Industry andSecurity, 
pursuant to the Export Administration Regulations, 15 CFRchapter VII, 
subchapter C, parts 730-774 for the export of thevessel to Cuba; and
    (4) A copy of a valid and applicable specific license issued bythe 
U.S. Department of the Treasury, Office of Foreign Assets Control(OFAC), 
pursuant to the Cuban Assets Control Regulations, 31 CFR part515, 
authorizing the applicant's travel-related transactions in 
Cuba.Applicants who do not require such an OFAC specific license shall 
makea written certification to that effect identifying which OFAC 
generallicense applies or explaining why no OFAC license is required.
    (d) Such applications must provide the documentation required 
bySec. 107.220(c) for each person to which this subpartapplies on board 
the particular vessel.
    (e) Upon receiving an application for a permit, the Seventh 
CoastGuard District Commander (o) has ten (10) calendar days from 
thereceipt of the application to decide whether the application 
iscomplete and, if so, whether a permit will be issued or 
denied.Applicants will be notified in writing of the decision to issue 
ordeny a permit. Incomplete applications will be returned to 
theapplicant, along with the reasons why such application was 
deemedincomplete.



Sec. 107.225  Appeals.

    (a) Upon written notification by the Coast Guard that anapplication 
has been denied, the applicant may request the SeventhCoast Guard 
District Commander to reconsider. The request toreconsider must be in 
writing, must be made within five (5) businessdays from the date of 
receipt of the initial denial, and must containcomplete supporting 
documentation and evidence which the applicantwishes to have considered. 
Requests for reconsideration must be mailedto Commander, Seventh Coast 
Guard District (d), 909 SE First Avenue,Miami, FL 33131.
    (b) Upon receipt of the request to reconsider, the Seventh 
CoastGuard District Commander may direct a representative to gather 
andsubmit documentation or other evidence, which, in the judgment of 
theSeventh District Commander, would be necessary or helpful to 
aresolution of the request. If gathered and submitted, a copy of 
thisdocumentation and evidence shall be made available to the 
applicant.The applicant shall be afforded five (5) business days from 
the dateof receipt of documentation and evidence gathered by the Seventh 
CoastGuard District Commander's representative to submit 
rebuttalmaterials. On or before the fifteenth (15th) calendar day 
followingsubmission of all materials, the Seventh Coast Guard 
DistrictCommander shall issue a ruling, in writing, on the request 
toreconsider. The ruling may reverse the initial denial, or, if 
thedenial is upheld, must contain the specific basis for denial of 
theapplication upon reconsideration.
    (c) The Seventh Coast Guard District Commander's denial of arequest 
for reconsideration taken under paragraph (b) of this sectionconstitutes 
final agency action.



Sec. 107.230  Enforcement.

    (a) Unauthorized departure or entry, or both. (1) Vesselsand persons 
to whom this subpart applies, as described inSec. 107.210(a)(1), that 
do not comply withSec. 107.215(a), or any order issued pursuant to 
thissubpart may be subject to a civil penalty of not more than $25,000 
foreach 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 entryinto Cuban 
territorial waters without a permit or for failure tomaintain the permit 
for the vessel on board the vessel as requiredunder this

[[Page 421]]

subpart, except that strict liability will not beimposed if the failure 
to obtain or carry a permit results primarilyfrom an act of war, force 
majeure, or the negligence of the UnitedStates.
    (b) Knowing failure to comply. Any person to whom thissubpart 
applies as described in Sec. Sec. 107.210(a)(2) or(a)(3) who knowingly 
fails to comply with this subpart or order givenunder this subpart, or 
knowingly obstructs or interferes with theexercise 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 
ofviolation.
    (c) False Statements. Violation of 18 U.S.C. 1001 may resultin 
imprisonment for not more than five years or a fine, or both.
    (d) Other enforcement. The civil penalties provided for inthis 
subpart are separate from and in addition to any enforcementaction that 
any other agency may seek for violations of the statutesand regulations 
administered by such agencies.



Sec. 107.240  Continuation.

    This subpart will continue to be enforced so long as the 
nationalemergency with respect to Cuba, and the emergency authority 
relatingto the regulation of the anchorage and movement of vessels 
declared inProclamation 6867, and expanded in scope by Proclamation 
7757,continues.

[[Page 423]]

                                  INDEX

                   SUBCHAPTER H_GENERAL MARITIME SECURITY

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

Additional communication devices.................................101.310
Additional requirements passenger vessels and ferries............104.292
Alternatives.....................................................101.120
Alternative Security Programs..................104.140, 105.140, 106.135
Amendment and audit.....................................104.415, 106.415
AMS Plan review and approval.....................................103.510
Applicability................101.110, 103.100, 104.105, 105.105, 106.105
Approved Alternative Security Programs...........................101.125
Area Maritime Security (AMS) Committee...........................103.300
Area Maritime Security (AMS) Committee Responsibilities..........103.310
Area Maritime Security (AMS) Committee, composition of...........103.305
Area Maritime Security (AMS) Plan....................Part 103, Subpart c
Area Maritime Security (AMS) Plan elements.......................103.505
Area Maritime Security (AMS) Plan review and approval............103.510

                                 C

Communications (vessel)..........................................104.245
Communications (facility)........................................105.235
Communications (OCS).............................................106.240
Company Security 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, SubpartB
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 Security (DoS).........101.505, 104.255, 105.245, 106.250
Definitions..................101.105, 103.105, 104.100, 105.100, 106.100
Department of Homeland Security alignment........................101.205
Designation of the Federal Maritime Security Coordinator (FMSC) 
                                                                 103.200
Drill and exercise requirements................104.230, 105.220, 106.225

[[Page 424]]

                                 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 Security Assessment (FSA)...................Part 105, Subpart C
Facility Security Assessment (FSA) requirements.........105.305, 106.305
Facility Security Officer (FSO).........................105.205, 106.210
Facility Security Plan (FSP).........................Part 105, Subpart D
Facility Security Requirements.......................Part 105, Subpart B
Federal Maritime Security 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 Security:
Area Maritime Security...............................................103
Facilities...........................................................105
Outer Continental Shelf (OCS) Facilities.............................106
Vessels..............................................................104
Maritime Security (MARSEC) Directives.....101.405, 102, 104.145,105.145, 
                                                                 106.140

                                 N

Noncompliance...........................................104.125, 106.120

                                 O

Outer Continental Shelf (OCS) Facility Security Assessment (FSA) 
                                                     Part 106, Subpart C
Outer Continental Shelf (OCS) Facility Security Plan (FSP)......Part106, 
                                                               Subpart D
Owner or operator................................................106.200

                                 P

Penalties........................................................101.415
Personal identification..........................................101.515
Persons involved in the Area Maritime Security Assessment........103.410
Preparedness communications......................................101.300
Purpose..........................................................101.100

                                 R

Recognized Security Organization (RSO), procedures forauthorizing 
                                                                 101.500
Recordkeeping.........................103.520, 104.235, 105.225, 106.230
Reporting........................................................101.305

[[Page 425]]

Right to appeal................................101.420, 104.150, 106.145

                                 S

Security incident procedures............................104.290, 105.280
Submission and approval.................................104.410, 106.410
Submission requirements.................................104.310, 106.310

                                 V

Vessel Security Assessment (VSA).....................Part 104, Subpart C
Vessel Security Assessment (VSA)....................requirements 104.305
Vessel Security Officer (VSO)....................................104.215
Vessel Security Plan (VSP)...........................Part 104, Subpart D
VSP Submission and approval......................................104.410

                                 W

Waivers........................................104.130, 105.130, 106.125

[[Page 426]]



                         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 asamended, 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 ofHomeland Security Delegation No. 0170.1.



Sec. 109.01  Purpose.

    The purpose of the rules and regulations in this subchapter is 
toimplement certain laws and set forth the requirements for 
anchorageareas.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended byCGD 79-096, 44 FR 
51585, Sept. 4, 1979;USCG-1998-3799, 63 FR 35526, June 30, 1998]



Sec. 109.05  Anchorage grounds.

    (a) Section 7 of the Rivers and Harbors Act of March 4, 1915 
(33U.S.C. 471), authorizes the establishment of anchorage grounds 
forvessels in navigable waters of the United States whenever it 
isapparent that these are required by the maritime or 
commercialinterests of the United States for safe navigation. The 
statute alsoauthorizes the adoption of suitable rules and regulations 
regardingthe establishment of anchorage grounds, which are enforced by 
theCoast Guard. The authority conferred by this statute was 
transferredto and vested in the Secretary of Homeland Security by 
section 902(j)of the Coast Guard and Maritime Transportation Act of 2006 
(Pub. L.109-241, 120 Stat. 516), and delegated to the Commandant of 
theU.S. Coast Guard in Department of Homeland Security Delegation 
No.0170.1. The Commandant redelegated the authority to 
establishanchorage grounds to each Coast Guard District Commander as 
providedin 33 CFR 1.05-1(e)(1)(i).
    (b) District Commanders will, whenever matters relating to 
theanchorage of vessels are under consideration, ascertain the view 
ofthe District and Division Engineer, Corps of Engineers, U.S. Army, 
andthe proper representatives of other departments likely to 
beinterested, including the Commandant of the Naval District 
concernedand the medical officer in charge of the quarantine station 
atlocalities where quarantine anchorages are involved, in order thatthey 
may arrange for suitable representation at such hearings. Theviews of 
the medical officer in charge of the quarantine stationrelating to the 
proposed location and boundaries of the quarantineanchorage will be 
accepted insofar as practicable and consistent withthe establishment of 
other anchorage areas. (An Act of Congressapproved July 1, 1944, as 
amended (42 U.S.C. 267), authorizes theSurgeon General, with the 
approval of the Secretary of Health,Education, and Welfare, to designate 
the boundaries of the quarantinegrounds and quarantine anchorages for 
vessels which are reserved foruse at each United States quarantine 
station.) A notice of publichearing concerning changes to the Anchorage 
Regulations will be issuedby the District Commander and will be mailed 
to all known interestedparties. After providing an opportunity for 
public participation, theDistrict Commander will, if circumstances so 
warrant, issue changes tothe Anchorage Regulations, or in appropriate 
cases forwardrecommendations for such changes to the Commandant.
    (c) As soon as publication has been noted in the FederalRegister, 
the District Commander will publish changes to theAnchorage Regulations 
in the Local Notice to Mariners.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended byCGD 79-096, 44 FR 
51585, Sept. 4, 1979;USCG-1998-3799, 63 FR 35526, June 30, 1998;USCG--
2007-27887, 72 FR 45902, Aug. 16, 2007]

[[Page 427]]



Sec. 109.07  Anchorages under Ports and Waterways Safety Act.

    The provisions of section 4 (a) and (b) of the Ports and 
WaterwaysSafety Act as delegated to the Commandant of the U.S. Coast 
Guard inPub. L. 107-296, 116 Stat. 2135, authorize the Commandant 
tospecify times of movement within ports and harbors, restrict 
vesseloperations in hazardous areas and under hazardous conditions, 
anddirect the anchoring of vessels. The sections listed inSec. 110.1a 
of this subchapter are regulated under the Portsand Waterways Safety 
Act.

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, asamended 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 designationof 
special anchorage areas wherein vessels not more than sixty-fivefeet in 
length, when at anchor, will not be required to carry orexhibit 
anchorage lights. Such designation is to be made afterinvestigation, by 
rule, regulation, or order, the procedure for whichwill be similar to 
that followed for anchorage grounds under section 7of the Rivers and 
Harbors Act of March 4, 1915, as referred to inSec. 109.05. The areas 
so designated should be well removedfrom the fairways and located where 
general navigation will notendanger or be endangered by unlighted 
vessels. The authority todesignate special anchorage areas was 
transferred to and vested in theSecretary of Homeland Security by 
section 902(j) of the Coast Guardand Maritime Transportation Act of 2006 
(Pub. L. 109-241, 120Stat 516), and delegated to the Commandant of the 
U.S. Coast Guard inDepartment of Homeland Security Delegation No. 
0170.1. The Commandantredelegated the authority to establish anchorage 
grounds to each CoastGuard District Commander as provided in 33 CFR 
1.05-1(e)(1)(i).

[USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]



Sec. 109.15  Enforcement proceedings.

    Proceedings against a vessel violating the Anchorage Regulationsare 
to be brought in the name of the officer of the Coast Guardassigned for 
the time being as Captain of the Port. When the vessel isat a port where 
there is no Coast Guard officer, proceedings will beinitiated in the 
name of the District Commander.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended byUSCG-2007-27887, 
72 FR 45903, Aug. 16, 2007]



Sec. 109.20  Publication; notice of proposed rule making.

    (a) Section 4 of the Administrative Procedure Act (5 U.S.C. 
553),requires publication of general notice of proposed rule making in 
theFederal Register (unless all persons subject thereto are namedand 
either personally served or otherwise have actual notice thereofin 
accordance with law), except to the extent that there is involved(1) any 
military, naval, or foreign affairs function of the UnitedStates or (2) 
any matter relating to agency management or personnel orto public 
property, loans, grants, benefits, or contracts. Exceptwhere notice or 
hearing is required by statute, this requirement doesnot apply to 
interpretative rules, general statements of policy, rulesof agency 
organization, procedure, or practice, or in any situation inwhich the 
agency for good cause finds (and incorporates the findingand 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 
accordancewith the above will include (1) a statement of the time, 
place, andnature of public rule making proceedings; (2) reference to 
theauthority under which the rule is proposed; and (3) either the 
termsor substance of the proposed rule or a description of the subjects 
andissues involved.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



PART 110_ANCHORAGE REGULATIONS--Table of Contents




Sec.
110.1 General.
110.1a Anchorages under Ports and Waterways Safety Act.

[[Page 428]]

                    Subpart A_Special Anchorage Areas

110.4 Penobscot Bay, Maine.
110.5 Casco Bay, Maine.
110.6 Portland Harbor, Portland, Maine (between LittleDiamond 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 NewcastleIsland.
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 belowWesterly, 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 toPataguanset 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.
110.59 Eastern Long Island, NY.
110.60 Captain of the Port, New York.
110.65 Indian River Bay, Del.
110.67 Delaware River, Essington, Pa.
110.70 Chesapeake and Delaware Canal, easterly of CourthousePoint, 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.
110.131 Sheepscot River in the vicinity of Edgecomb, Maine.

[[Page 429]]

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 explosivesanchorage 
          area.
110.190 Tortugas Harbor, in vicinity of Garden Key, DryTortugas, 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 PetitBois Island, 
          Miss.
110.195 Mississippi River below Baton Rouge, LA, includingSouth 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 WeaponsStation, Seal 
          Beach, Calif.; naval explosives anchorage.
110.216 Pacific Ocean at Santa Catalina Island, Calif.
110.218 Pacific Ocean at San Clemente Island, Calif.; invicinity 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 connectingwaters, 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 VesselAnchorage.
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 ViequesIsland, 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; Department of Homeland Security DelegationNo. 0170.1.

    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 designatedas 
special anchorage areas for purposes of 33 U.S.C.Sec. Sec. 2030(g) and 
2035(j). Vessels of less than 20meters in length, and barges, canal 
boats, scows, or other nondescriptcraft, are not required to sound 
signals required by rule 35 of theInland Navigation Rules (33 U.S.C. 
2035). Vessels of less than 20meters are not required to exhibit anchor 
lights or shapes required byrule 30 of the Inland Navigation Rules (33 
U.S.C. 2030).
    (b) The anchorage grounds for vessels described in Subpart B ofthis 
part are established, and the rules and regulations in relationthereto 
adopted, pursuant to the authority contained in section 7 ofthe 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 
orlongitude, or

[[Page 430]]

both, are not intended for plotting on maps orcharts whose reference 
horizontal datum is the North American Datum of1983 (NAD 83), unless 
such geographic coordinates are expresslylabeled NAD 83. Geographic 
coordinates without the NAD 83 referencemay be plotted on maps or charts 
referenced to NAD 83 only afterapplication of the appropriate 
corrections that are published on theparticular map or chart being used.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 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 
thePorts and Waterways Safety Act (33 U.S.C. 1221 et seq.):
    (1) Section 110.155 Port of New York.
    (2) [Reserved]
    (b) [Reserved]

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, asamended 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], 490yards, to a 
point bearing 248[deg] from Rockland Breakwater Light;thence 350[deg], 
580 yards, to a point bearing 263[deg] fromRockland Breakwater Light; 
thence 83[deg], 480 yards, to a pointbearing 263[deg] from Rockland 
Breakwater Light; and thence169[deg], 550 yards, to the point of 
beginning. This area is limitedto vessels no greater than 20 meters in 
length.

    Note to paragraph (a):
    This area is primarily for useby yachts and other recreational 
craft. Temporary floats or buoy formarking the location of the anchor 
may be used. All moorings shall beso placed that no vessel, when 
anchored, shall at any time extendbeyond the limits of the area. All 
anchoring in the area shall beunder the supervision of the local 
harbormaster or such authority asmay be designated by authorities of the 
City of Rockland, Maine.Requests for placement of mooring buoys shall be 
directed to the localgovernment. 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 atEaton Point at latitude 
44[deg]12[min]31[sec] N, longitude069[deg]03[min]34[sec] W; thence to 
latitude44[deg]12[min]28[sec] N, longitude 069[deg]03[min]33[sec] 
W;thence to latitude 44[deg]12[min]32[sec] N, 
longitude069[deg]02[min]49[sec] W; thence along the shoreline to the 
pointof beginning. DATUM: NAD83
    (2) Anchorage B. All of the waters enclosed by a linebeginning at 
Dillingham Point at latitude 44[deg]12[min]12[sec] N,longitude 
069[deg]03[min]20[sec] W.; thence to latitude44[deg]12[min]14[sec] N, 
longitude 069[deg]02[min]58[sec] W.;thence to latitude 
44[deg]12[min]19[sec] N, longitude069[deg]03[min]08[sec] W; thence to 
latitude44[deg]12[min]28[sec] N, longitude 069[deg]03[min]13[sec] 
W;thence to latitude 44[deg]12[min]26[sec] N, 
longitude069[deg]03[min]39[sec] W; thence along the shoreline to the 
pointof beginning. DATUM: NAD83

    Note to paragraph (b):
    Anchorages A and B are specialanchorage areas reserved for yachts 
and other recreational craft. Foreand aft moorings will be allowed in 
this area. Temporary floats orbuoys for marking anchors or moorings in 
place will be allowed. Fixedmooring piles or stakes are prohibited. All 
moorings must be so placedthat no vessel when anchored is at any time 
extended into thethoroughfare. This is to ensure that a distance of 
approximately 150feet is left between Anchorages A and B for vessels 
entering ordeparting from Camden Harbor. All anchoring in the area is 
under thesupervision of the local harbor master or such other authority 
as maybe designated by the authorities of the Town of Camden, Maine.

[CGD01-02-129, 68 FR 44888, July 31, 2003, asamended 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. Theentire cove 
as defined by the shoreline and a line across the entracebearing 
215[deg] and tangent to the shore on the north side.
    (a-1) Merriconeag Sound, Harpswell. The areacomprises that portion 
of the Sound beginning at a point on theshoreline about 1,000 feet 
northeasterly from the southwesterlyextremity of Orrs Island at latitude 
43[deg]45[min]09[sec],longitude 69[deg]59[min]14[sec], thence extending 
290[deg] to apoint at latitude 43[deg]45[min]10[sec], 
longitude69[deg]59[min]20[sec], thence extending 20[deg] to a point 
atlatitude 43[deg]45[min]34[sec], longitude

[[Page 431]]

69[deg]59[min]05[sec], thence extending 110[deg] to a pointon the 
shoreline at latitude 43[deg]45[min]33[sec], 
longitude69[deg]58[min]58[sec], thence along the shoreline to the point 
ofbeginning.

    Note: The area is principally for use by yachts and 
otherrecreational craft. Fore and aft moorings will be allowed. 
Temporaryfloats or buoys for marking anchors in place will be allowed. 
Allmoorings shall be so placed that no vessel, when anchored, shall 
atany time extend beyond the limits of the area. Fixed mooring piles 
orstakes are prohibited. All anchoring in the area shall be under 
thesupervision of the local harbor master or such authority as may 
bedesignated by authorities of the Town of Harpswell, Maine.
    (a-2) Mackerel Cove, Bailey Island, Harpswell. Thewater area of 
Mackerel Cove lying northeasterly of a line from a pointon Abner Point 
at latitude 43[deg]43[min]28[sec] N., longitude70[deg]00[min]19[sec] W., 
to a point on Bailey Island at latitude43[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 atthe northerly end of 
the harbor, said point of land bearingapproximately 275[deg] from the 
observatory on Orrs Island.
    (c) Basin Cove, west side of Harpswell Neck, Harpswell. Allof the 
area lying northeasterly of a line bearing 350[deg] from thenorthwest 
corner of the entrance to the cove.
    (c-1) Basin Point, Potts Harbor, east side of BasinPoint. The water 
area east of Basin Point enclosed by a linebeginning at the southernmost 
extremity of Basin Point at latitude43[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., longitude70[deg]02[min]19[sec] W.; thence 
north northeasterly to a point onthe shoreline at latitude 
43[deg]44[min]43[sec] N., longitude70[deg]02[min]05[sec] W.; thence 
following the shoreline to thepoint of beginning.
    (d) Mussel Cove and adjacent waters at Falmouth Foreside,Falmouth. 
All of the waters enclosed by a line beginning at theDock House (F.S.) 
located at latitude 43[deg]44[min]22[sec] N,longitude 
70[deg]11[min]41[sec] W; thence to latitude43[deg]44[min]19[sec] N, 
longitude 70[deg]11[min]33[sec] W;thence to latitude 
43[deg]44[min]00[sec] N, longitude70[deg]11[min]44[sec] W; thence to 
latitude43[deg]43[min]37[sec] N, longitude 70[deg]11[min]37[sec] 
W;thence to latitude 43[deg]43[min]04[sec] N, 
longitude70[deg]12[min]13[sec] W; thence to 
latitude43[deg]41[min]56[sec] N, longitude 70[deg]12[min]53[sec] 
W;thence to latitude 43[deg]41[min]49[sec] N, 
longitude70[deg]13[min]05[sec] W; thence to 
latitude43[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 smallrecreational craft. Fore and aft moorings will be 
allowed in thisarea. Temporary floats or buoys for marking anchors or 
moorings inplace will be allowed. Fixed mooring piles or stakes are 
prohibited.All moorings must be so placed so that no vessel when 
anchored is atany time extended into the thoroughfare. All anchoring in 
the area isunder the supervision of the local harbor master or such 
otherauthority as may be designated by the authorities of the Town 
ofFalmouth, Maine.
    (e) Harraseeket River. That portion of the Harraseeket Riverwithin 
the mean low water lines, between Stockbridge Point and WestonPoint, 
excluding therefrom a thoroughfare, 100 feet wide, the centerline of 
which follows the natural channel.
    Note: This area is reserved for yachts and other smallrecreational 
craft. Fore and aft moorings will be allowed in thisarea. Temporary 
floats or buoys for marking anchors or moorings inplace will be allowed. 
Fixed mooring piles or stakes are prohibited.All moorings shall be so 
placed that no vessel when anchored shall atany time extend into the 
thoroughfare. All anchoring in the area shallbe under the supervision of 
the local harbor master or such otherauthority as may be designated by 
the authorities of the Town ofFreeport, Maine.
    (f) Yarmouth Harbor and adjacent waters. (1)Anchorage A. All of the 
waters enclosed by a line from a point locatedat the northernmost point 
of Littlejohn Island at latitude43[deg]45[min]86[sec] N., longitude 
70[deg]06[min]95[sec] W.;thence to latitude 43[deg]45[min]78[sec] N., 
longitude70[deg]06[min]89[sec] W.; thence to 
latitude43[deg]45[min]43[sec] N., longitude 70[deg]07[min]38[sec] 
W.;thence to latitude 43[deg]45[min]28[sec] N., 
longitude70[deg]07[min]68[sec] W.; thence to 
latitude43[deg]44[min]95[sec] N., longitude 70[deg]08[min]45[sec] 
W.;thence to latitude 43[deg]44[min]99[sec] N., 
longitude70[deg]08[min]50[sec] W. DATUM: NAD 83.
    (2) Anchorage B. All of the waters enclosed by a line from apoint 
located Northeast of Birch Point on Cousins Island at 
latitude43[deg]45[min]27[sec] N., longitude 70[deg]09[min]32[sec] 
W.;thence to latitude 43[deg]45[min]35[sec] N., 
longitude70[deg]09[min]50[sec] W.; thence to 
latitude43[deg]45[min]63[sec] N., longitude 70[deg]09[min]18[sec]

[[Page 432]]

W.; thence to latitude 43[deg]45[min]95[sec] N., 
longitude70[deg]08[min]98[sec] W.; thence to 
latitude43[deg]45[min]99[sec] N., longitude 70[deg]08[min]83[sec] 
W.DATUM: NAD 83.
    (3) Anchorage C. All of the waters enclosed by a line from apoint 
located South of Drinkwater Point in Yarmouth, Maine at 
latitude43[deg]46[min]42[sec] N., longitude 70[deg]09[min]25[sec] 
W.;thence to latitude 43[deg]46[min]35[sec] N., 
longitude70[deg]09[min]16[sec] W.; thence to 
latitude43[deg]46[min]07[sec] N., longitude 70[deg]09[min]77[sec] 
W.;thence to latitude 43[deg]45[min]48[sec] N., 
longitude70[deg]10[min]40[sec] W.; thence to 
latitude43[deg]45[min]65[sec] N., longitude 70[deg]10[min]40[sec] 
W.DATUM: NAD 83.
    Note to paragraph (f).
    An ordinance of the Town of Yarmouth, Maine requires the approvalof 
the Yarmouth Harbor Master for the location and type of mooringsplaced 
in these special anchorage areas. All anchoring in the areasare under 
the supervision of the Yarmouth Harbor Master or other suchauthority as 
may be designated by the authorities of the Town ofYarmouth, Maine. All 
moorings are to be so placed that no mooredvessel will extend beyond the 
limit of the anchorage area.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citationsaffecting Sec. 110.5, 
see the List of CFR Sections Affected,which appears in the Finding Aids 
section of the printed volume and onGPO Access.



Sec. 110.6  Portland Harbor, Portland, Maine (between Little Diamond Islandand Great Diamond Island).

    Beginning at the southeasterly corner of the wharf, at the 
mostsoutherly point of Great Diamond Island at 
latitude43[deg]40[min]13[sec], longitude 70[deg]12[min]00[sec]; 
thenceextending southwesterly to the northeasterly corner of the wharf 
onthe easterly side of Little Diamond Island at 
latitude43[deg]40[min]03[sec], longitude 70[deg]12[min]15[sec]; 
thenceextending along the northerly side of the wharf to its shoreward 
endat latitude 43[deg]40[min]03[sec], longitude70[deg]12[min]17[sec]; 
thence extending along the shoreline ofLittle Diamond Island to latitude 
43[deg]40[min]11[sec], longitude70[deg]12[min]20[sec]; thence extending 
northeasterly to theshoreline of the southerly side of Great Diamond 
Island at latitude43[deg]40[min]21[sec], longitude 
70[deg]12[min]06[sec]; thenceextending along the shoreline of Great 
Diamond Island to the shorewardend of a wharf at latitude 
43[deg]40[min]15[sec], longitude70[deg]12[min]02[sec]; thence extending 
along the southwesterlyside of the wharf to the point of beginning.

    Note: The area is principally for use by yachts and 
otherrecreational craft. Temporary floats or buoys for marking anchors 
willbe allowed. Fixed mooring piles or stakes are prohibited. 
Theanchoring of vessels and placing of temporary moorings will be 
underthe jurisdiction, and at the discretion of the local Harbor 
Master.All moorings shall be so placed that no moored vessels will 
extendbeyond 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 theCoast 
Guard Base in Position 43-38 43[sec] N and 070-1449[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 
thencesouthwesterly 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 bearing312[deg] 
from Ticonderoga Light to the southeast corner of the NewYork State Boat 
Launching Ramp.
    (b) Essex, N.Y. A small cove at the westerly side of LakeChamplain, 
shoreward of a line connecting the offshore ends of twopromontories 
located at Essex.
    (c) Shelburne, Vt. An area shoreward of a line bearing142[deg] from 
the eastern point of Collymer Pt. to Allen Hill.
    (c-1) Shelburne Bay. Beginning at a point on theshoreline at 
latitude 44[deg]25[min]53.0[sec] N., longitude73[deg]14[min]47.3[sec] 
W.; thence north to a point at latitude44[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 latitude44[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 apoint at Allen Hill 
at latitude 44[deg]24[min]35[sec] N., longitude73[deg]14[min]14[sec] W.; 
to a point near the mouth of the LaPlatte River at latitude 
44[deg]24[min]03[sec] N., longitude73[deg]14[min]05[sec] W.

    Note: The anchoring of vessels and placement of temporarymoorings in 
the anchorage area described in paragraph (c-2) ofthis section are 
administered by the Harbormaster appointed by theTown of Shelburne, 
Vermont.


[[Page 433]]


    (d) Mallets Bay, Vt. The southwesterly portion ofMallets Bay, south 
of Coates Island and west of a line bearing170[deg] from the most 
easterly point of Coates Island to themainland.
    (e) Mallets Bay, Vt. An area in the northwesterly portion ofMallets 
Bay, south of a line extending from the northeasterly end ofMallets Head 
to the northeasterly end of Marble Island, and west of aline extending 
from the northeasterly end of Marble Island to thenortheasterly side of 
Cave Island, and southerly to the point on thelower east side of Mallets 
Head.
    (f) St. Albans Bay, Vt. An area in the northerly portion ofSt. 
Albans Bay westward of the State Pier at St. Albans Bay StatePark, 
northeasterly of a line bearing 296[deg]30[min] from thesouthwesterly 
corner of the State Pier, and southeasterly of a lineparallel to and 500 
feet west of the west side of the State Pier.
    (g) Charlotte, Vt. An area shoreward of a line bearing 080 Tfrom 
44[deg]16[min]12[sec] N, 73[deg]17[min]18[sec] W, onThompson'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 lineconnecting 
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 northof a line 
drawn shore to shore along the 44[deg]46[min]14[sec] Nline of Latitude.

    Note: Anyone wishing to occupy a mooring in this area shallobtain a 
permit from the New York State Office of Parks, Recreation& 
Preservation.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGFR 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; 
CGD191-063, 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 
latitude43[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 285yards, 
thence 213[deg] to the shoreline of Newcastle Island, thencealong the 
shoreline of Newcastle Island and across the breakwater toGoat 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 extendingfrom the 
northerly end of the Salem Willows Yacht Club House 360 yardsbearing 
281[deg] true to latitude 42[deg]32[min]14[sec] N.,longitude 
70[deg]52[min]26[sec] W.; thence north 275 yards toMonument Bar Beacon 
thence 540 yards bearing 080[deg] to latitude42[deg]32[min]25[sec] N., 
longitude 70[deg]52[min]04[sec] W.,thence 365 yards bearing 175[deg] to 
latitude42[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 highwaybridge (Popes 
Bridge) outside of the dredged channel.
    (c) South Channel. Bounded by a line commencing at thenorthern most 
point of Peach's Point at latitude42[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; thencewesterly 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; 
thencesouthwesterly 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 toa 
point at latitude 42[deg]30[min]38.0[sec] N, 
longitude70[deg]52[min]36.5[sec] W; thence easterly to a point on Long 
Pointat latitude 42[deg]30[min]52.3[sec] N, 
longitude70[deg]53[min]06.9[sec] W. The areas will be principally for 
use byyachts and other recreational craft. Temporary floats or buoys 
formarking anchors will be allowed in the areas but fixed piles or 
stakesmay not be placed. The anchoring of vessels, the placing of 
moorings,and the maintenance of fairways will be under the jurisdiction 
of thelocal Harbor Master.
    (d) Beverly and Mackerel Coves, north side of BeverlyHarbor. The 
water area enclosed by a line commencing at thesouthernmost point of 
Curtis Point in Beverly; thence bearing238[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 yardsto the western shoreline of

[[Page 434]]

Mackerel Cove; thence northnortheasterly to the point of beginning.
    (e) Collins Cove, Salem, Mass. The water area enclosed by aline 
beginning at Monument Bar Beacon; thence 242[deg], 580 yards tolatitude 
42[deg]32[min]14.5[sec] N., longitude70[deg]52[min]46.3[sec] W.; thence 
284[deg], 220 yards to latitude42[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; thencefollowing the shoreline and the western boundary of the 
specialanchorage area as described in 33 CFR 110.25(a) to the point 
ofbeginning.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 74-189, 40 FR 
6339, Feb. 11, 1975; CGD 76-192, 42 FR39386, 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 
theextreme low water line and southwestward of a line bearing 
336[deg]from Marblehead Neck Light to a point on Peach Point at 
latitude42[deg]31[min]03[sec], longitude 70[deg]50[min]30[sec].

    Note: The area is principally for use by yachts and 
otherrecreational craft. Temporary floats or buoys for marking anchors 
areallowed. Fixed mooring piles or stakes are prohibited. All 
mooringsshall be so that no vessel, when anchored, shall at any time 
extendbeyond the limits of the area. The anchoring of vessels and 
theplacing of temporary moorings are under the jurisdiction and at 
thedirection of the local harbormaster.

[CGFR 68-96, 33 FR 12550, Sept. 5, 1968; CGFR68-157, 34 FR 1380, Jan. 
29, 1969]



Sec. 110.30  Boston Harbor, Mass., and adjacent waters.

    (a) Lynn Harbor. North of a line bearing 244[deg] from thetower of 
the Metropolitan District Building, extending from the shoreto a point 
100 feet from the east limit of the channel; east of a linebearing 
358[deg], extending thence to a point 100 feet east of thenortheast 
corner of the turning basin; south of a line bearing88[deg], extending 
thence to the shore; and south and west of theshore 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 ofPleasant Street, 
Winthrop, 360 feet from the southwest corner of itsintersection with 
Main Street; westerly of a line bearing 186[deg]from a point on the 
south side of Main Street 140 feet from thesouthwest corner of its 
intersection with Pleasant Street; northerlyof a line bearing 256[deg] 
from a point on the west side of PleasantStreet 550 feet from the 
southwest corner of its intersection withMain Street and easterly of a 
line bearing 182[deg] from a point onthe south side of Main Street 640 
feet from the southwest corner ofits 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; andwesterly of a line bearing 7[deg] 
from the easterly end of theaforesaid fender pier.
    (d) Mystic River, west side of Chelsea Bridge North.Northerly of the 
northerly fender pier of Chelsea Bridge North and aline extending from 
the westerly end of the shoreward face of theaforesaid fender pier to 
the southeasterly corner of the wharfprojecting from the Naval Hospital 
grounds; easterly of the aforesaidwharf; southerly of the shore of the 
Naval Hospital grounds; andwesterly 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 heatingplant of the Boston 
Housing Authority in South Boston; easterly of aline bearing 5[deg] from 
the west shaft of the tunnel of the BostonMain Drainage Pumping Station; 
southerly of the shore line; andwesterly of a line bearing 158[deg] from 
the northeast corner of theiron fence marking the east boundary of the 
South Boston Yacht Clubproperty.
    (f) Dorchester Bay, in vicinity of Savin Hill Yacht Club.Northerly 
of a line bearing 64[deg] from the stack of the old powerplant of the 
Boston Elevated Railway on Freeport Street in Dorchester;westerly of a 
line bearing 163[deg] from the stack of the Boston MainDrainage Pumping 
Station on the Cow Pasture in Dorchester; andsoutherly and easterly of 
the shore line.
    (g) Dorchester Bay, in vicinity of Dorchester Yacht Club.Eastward of 
a line

[[Page 435]]

bearing 21[deg] from the stack located ashort distance northwestward of 
the Dorchester Yacht Club; southwardof a line bearing 294[deg] from the 
southerly channel pier of thehighway bridge; westward of the highway 
bridge and the shore line; andnorthward of the shore line.
    (h) Quincy Bay, in vicinity of Wollaston and Squantum YachtClubs. 
Northwesterly of a line bearing 36[deg]30[min] from apoint on the shore 
2,600 feet easterly of the east side of theWollaston Yacht Club landing; 
southwesterly of a line bearing129[deg]15[min] from the water tank in 
Squantum; and southeasterlyand northeasterly of the shore line.
    (i) Quincy Bay, in vicinity of Merrymount Yacht Club. Southof a line 
starting from a point bearing 246[deg], 3,510 yards, fromthe stack of 
the pumping station on Nut Island, and extending thence306[deg] to the 
shore; west of a line bearing 190[deg] from theaforesaid 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 
thewharf at Nut Island; northwesterly of a line bearing 
199[deg]30[min]from Pig Rock Light to the eastern end of Raccoon Island; 
northerly ofRaccoon Island and of a line from its western extremity 
bearing245[deg] from Beacon 2A; and easterly of the shore of Houghs 
Neck.
    (k) Weymouth Fore River, in vicinity of Wessagussett YachtClub. 
Southwesterly of a line bearing 117[deg] from channel light``4''; 
southeasterly of a line 150 feet from and parallelto the meandering 
easterly limit of the dredged channel; easterly of aline 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. Thecove on the 
north side of the river lying northerly of a line bearing264[deg]30[min] 
from the southwesterly corner of the AmericanAgricultural Chemical 
Company's wharf (Bradley's Wharf) to the shoreof Eastern Neck, about 
2,200 feet distant.
    (m)(1) Boston Inner Harbor A. The waters of the western sideof 
Boston Inner Harbor north of the entrance to the Fort Point 
Channelbounded by a line beginning at a point due east of the New 
EnglandAquarium, Latitude 42[deg]21[min]31.62[sec] North, 
Longitude71[deg]02[min]52.37[sec] West. Thence ENE toward the Main 
ShipChannel 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 dueeast 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 BostonShore to a 
point, Latitude 42[deg]21[min]26.4[sec] North, 
Longitude71[deg]02[min]56.31[sec] West. Thence NE to the original point.
    (2) [Reserved]

    Note: Administration of Special Anchorage areas is exercisedby the 
Harbormaster, City of Boston pursuant to local ordinances. TheCity of 
Boston will install and maintain suitable navigational aids tomark the 
limits of Special Anchorage areas.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD1-85-2R, 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 HogIsland 
beginning at latitude 42[deg]18[min]15[sec], 
longitude70[deg]53[min]46[sec]; thence due east to 
latitude42[deg]18[min]15[sec], longitude 70[deg]53[min]29.5[sec]; 
thencedue south to latitude 42[deg]18[min]07.5[sec], 
longitude70[deg]53[min]29.5[sec]; thence due west to 
latitude42[deg]18[min]07.5[sec], longitude 70[deg]53[min]46[sec]; 
thencedue north to the point of beginning.
    (b) Area No. 2 in Hull Bay. That area south of Hog Islandbeginning 
at latitude 42[deg]17[min]50.5[sec], longitude70[deg]54[min]07[sec]; 
thence due east to latitude42[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], longitude70[deg]53[min]29.5[sec]; thence due west 
to latitude42[deg]17[min]30[sec], longitude 70[deg]54[min]07[sec]; 
thencedue north to the point of beginning.
    (c) Area No. 3 in Hull Bay. That area north of Bumkin 
Islandbeginning at latitude 42[deg]17[min]22[sec], 
longitude70[deg]54[min]07[sec]; thence due east to 
latitude42[deg]17[min]22[sec], longitude 70[deg]53[min]17.5[sec]; 
thencedue south to latitude 42[deg]17[min]01[sec], 
longitude70[deg]53[min]17.5[sec]; thence due west to 
latitude42[deg]17[min]01[sec], longitude 70[deg]54[min]07[sec]; 
thencedue north to the point of beginning.

    Note: The areas will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles or stakes are prohibited.The anchoring of 
vessels and the placing of temporary moorings

[[Page 436]]

isunder the jurisdiction, and at the discretion, of the local 
HarborMaster, 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 latitude42[deg]15[min]53.5[sec], 
longitude 70[deg]53[min]32[sec]; thenceto latitude 
42[deg]15[min]56[sec], longitude70[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 latitude42[deg]15[min]30[sec], 
longitude 70[deg]53[min]13.5[sec]; thenceto latitude 
42[deg]15[min]27.5[sec], longitude70[deg]53[min]18[sec]; thence to 
latitude42[deg]15[min]28.5[sec], longitude 70[deg]53[min]31[sec]; 
thenceto latitude 42[deg]15[min]35[sec], longitude70[deg]53[min]34[sec]; 
thence to latitude 42[deg]15[min]36[sec],longitude 
70[deg]53[min]36.5[sec]; thence to latitude42[deg]15[min]41[sec], 
longitude 70[deg]53[min]34.5[sec]; thenceto latitude 
42[deg]15[min]31[sec], longitude70[deg]53[min]28[sec]; thence to 
latitude42[deg]15[min]31.5[sec], longitude 70[deg]53[min]03[sec]; 
thenceto 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 latitude42[deg]15[min]33.5[sec], 
longitude 70[deg]53[min]19[sec]; thenceto latitude 
42[deg]15[min]35.5[sec], longitude70[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 latitude42[deg]14[min]48.5[sec], 
longitude 70[deg]53[min]11.5[sec];thence to latitude 
42[deg]14[min]54[sec], longitude70[deg]53[min]08[sec]; thence to 
latitude42[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 latitude42[deg]14[min]48.5[sec], 
longitude 70[deg]53[min]02[sec]; thenceto latitude 
42[deg]14[min]58[sec], longitude70[deg]52[min]51[sec]; thence to 
latitude42[deg]14[min]53.5[sec], longitude 70[deg]52[min]50[sec]; 
thenceto point of beginning.

    Note: The areas will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed in the areas but fixed piles or stakes may notbe placed. The 
anchoring of vessels and the placing of moorings willbe 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 extendingbetween 
the outer end of the jetties on each side of the entrance tothe Harbor.

    Note: The area will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles of stakes will beprohibited. The anchoring 
of vessels and the placing of temporarymoorings will be under the 
jurisdiction and at the discretion of thelocal Harbor Master.



Sec. 110.38  Edgartown Harbor, Mass.

    An area in the inner harbor easterly of the project channel andsouth 
of Chappaquiddick Point bounded as follows: Beginning atlatitude 
41[deg]23[min]19[sec], longitude 70[deg]30[min]32[sec];thence 
southeasterly along the shore to latitude41[deg]22[min]52[sec], 
longitude 70[deg]30[min]12[sec]; thence287[deg]30[min] 1,600 feet; 
thence 327[deg]30[min], 700 feet;thence 359[deg] true, 800 feet; thence 
24[deg]15[min] approximately900 feet to the point of beginning.

    Note: The area is reserved for yachts and other smallrecreational 
craft. Fore and aft moorings and temporary floats orbuoys for marking 
anchors in place will be allowed. All moorings shallbe so placed that no 
vessel when anchored shall extend into watersbeyond the limits of the 
area. Fixed mooring piles or stakes areprohibited.



Sec. 110.40  Silver Beach Harbor, North Falmouth, Mass.

    All the waters of the harbor northward of the inner end of 
theentrance channel.



Sec. 110.45  Onset Bay, Mass.

    Northerly of a line extending from the northernmost point of 
OnsetIsland to the easternmost point of Wickets Island; easterly of a 
lineextending from the easternmost point of Wickets Island to 
thesouthwest extremity of Point Independence; southerly of the 
shoreline; and westerly of the shore line and of a line bearing due 
northfrom 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 
latitude41[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 
latitude41[deg]39[min]02[sec] N., longitude 70[deg]47[min]48[sec] 
W.;thence along the shore to the point of beginning.

[[Page 437]]

    (b) Area No. 2 beginning at a point on the shore at 
latitude41[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 
latitude41[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 isexercised by 
the Harbormaster, Town of Mattapoisett pursuant to alocal ordinance. The 
town of Mattapoisett will install and maintainsuitable navigational aids 
to mark the perimeter of the anchoragearea.

[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 lineextending 
from latitude 41[deg]28[min]50[sec] N., longitude71[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 tothe point of beginning.
    (b) Area No. 2. The waters east of Goat Island beginning ata point 
bearing 090[deg], 245 yards from Goat Island Shoal Light;thence 
007[deg], 505 yards; thence 054[deg], 90 yards; thence086[deg], 330 
yards; thence 122[deg], 90 yards; thence 179[deg],290 yards; thence 
228[deg], 380 yards; thence 270[deg], 250 yards tothe point of 
beginning.
    (c) Area No. 3. The waters north of Goat Island CausewayBridge 
beginning at Newport Harbor Light; thence 023[deg] to thesouthwest 
corner of Anchorage E; thence 081[deg] following thesoutherly boundary 
of Anchorage E to the shoreline; thence south alongthe shoreline to the 
east foot of the Goat Island Causeway bridge;thence west following Goat 
Island Causeway Bridge to the shoreline ofGoat Island; thence north 
following the east shore of Goat Island tothe 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 
aline beginning at the shore end of the United States project groin 
onthe southerly shore of the cove and running 41[deg]30[min] true, tothe 
northerly shore of the cove at a point about 200 feet west of thewest 
side of the shore end of Meadow Lane, with the exception of a100-foot 
wide channel running from the westerly end of the cove in asoutheasterly 
direction to the Watch Hill Yacht Club pier, thencealong in front of the 
piers on the easterly side of the cove northerlyto 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 
ThompsonDock at the northern end of Thompson Cove 184[deg] to the shore 
atthe southern end of Thompson Cove.



Sec. 110.50  Stonington Harbor, Conn.

    (a) Area No. 1. Beginning at the southeastern tip ofWamphassuc 
Point; thence to the northwesterly end of Stonington InnerBreakwater; 
thence along the breakwater to longitude71[deg]54[min]50.5[sec]; thence 
to latitude41[deg]20[min]25.3[sec], longitude 
71[deg]54[min]50.5[sec];thence to a point on the shoreline at 
latitude41[deg]20[min]32[sec], longitude 71[deg]54[min]54.8[sec]; 
thencealong the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the shoreline atlatitude 
41[deg]19[min]55.8[sec], longitude71[deg]54[min]28.9[sec]; thence to 
latitude41[deg]19[min]55.8[sec], longitude 
71[deg]54[min]37.1[sec];thence to latitude 41[deg]20[min]01.6[sec], 
longitude71[deg]54[min]38.8[sec]; thence to a point on the shoreline 
atlatitude 41[deg]20[min]02[sec], longitude71[deg]54[min]34.3[sec]; 
thence along the shoreline to the point ofbeginning.
    (c) Area No. 3. Beginning at a point on the shoreline atlatitude 
41[deg]20[min]29.5[sec], longitude71[deg]54[min]43[sec]; thence to 
latitude41[deg]20[min]25.6[sec], longitude 
71[deg]54[min]48.5[sec];thence to latitude 41[deg]20[min]10.7[sec], 
longitude71[deg]54[min]48.5[sec]; thence to the shoreline at 
latitude41[deg]20[min]10.7[sec]; thence along the shoreline to the point 
ofbeginning.

    Note: A fixed mooring stake or pile is prohibited. TheGeneral 
Statutes of the State of Connecticut authorizes the HarborMaster 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 Islandat 
latitude 41[deg]20[min]06[sec]; thence due east about 600

[[Page 438]]

feet to latitude 41[deg]20[min]06[sec], longitude71[deg]57[min]37[sec]; 
thence due south about 2,400 feet tolatitude 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 easterlyside of Mason Island at latitude 
41[deg]19[min]42[sec]; thencealong the shore line to the point of 
beginning.

    Note: The area will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles or stakes will beprohibited. The anchoring 
of vessels and the placing of temporarymoorings will be under the 
jurisdiction and the discretion of thelocal Harbor Master.



Sec. 110.50b  Mystic Harbor, Groton and Stonington, Conn.

    (a) Area No. 1. Beginning at Ram Point on the westerly sideof Mason 
Island at latitude 41[deg]19[min]44[sec], 
longitude71[deg]58[min]42[sec]; thence to latitude 
41[deg]19[min]30[sec],longitude 71[deg]58[min]43[sec]; thence to 
latitude41[deg]19[min]36[sec], longitude 71[deg]58[min]58[sec]; thenceto 
latitude 41[deg]19[min]45[sec], longitude71[deg]58[min]56[sec]; thence 
to the point of beginning.
    (b) Area No. 2. Beginning at a point about 250 feetsoutherly of Area 
1 and on line with the easterly limit of Area 1 atlatitude 
41[deg]19[min]27[sec], longitude 71[deg]58[min]44[sec];thence to 
latitude 41[deg]19[min]19[sec], longitude71[deg]58[min]45[sec]; thence 
to latitude 41[deg]19[min]25[sec],longitude 71[deg]58[min]59[sec]; 
thence to latitude41[deg]19[min]33[sec], longitude 
71[deg]58[min]58[sec]; thenceto the point of beginning.

    Note: The areas will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles or stakes are prohibited.All moorings shall 
be so placed that no vessel, when anchored, shallat any time extend 
beyond the limits of the areas. The anchoring ofvessels and the placing 
of temporary moorings will be under thejurisdiction 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 shoreof Mumford 
Cove at latitude 41[deg]19[min]36[sec], longitude72[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 atlatitude 
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 shoreof Mumford 
Cove at latitude 41[deg]19[min]15[sec], longitude72[deg]00[min]54[sec]; 
thence to latitude41[deg]19[min]14.5[sec], longitude 
72[deg]00[min]59[sec]; thenceto latitude 41[deg]19[min]11[sec], 
longitude72[deg]00[min]58[sec]; thence to latitude 
41[deg]19[min]10[sec],longitude 72[deg]00[min]54[sec]; thence to 
latitude41[deg]19[min]12.5[sec], longitude 72[deg]00[min]52[sec]; 
thenceto latitude 41[deg]19[min]14[sec], longitude72[deg]00[min]55[sec]; 
and thence to the point of beginning.

    Note: The areas are principally for use by yachts and 
otherrecreational craft. Temporary floats or buoys for marking anchors 
willbe allowed. Fixed mooring piles or stakes will be prohibited. 
Theanchoring of vessels and placing of temporary moorings will be 
underthe 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 
easterlyside of Morgan Point beginning at a point at 
latitude41[deg]19[min]15[sec], longitude 71[deg]59[min]13.5[sec]; 
thenceto latitude 41[deg]19[min]15[sec], longitude71[deg]59[min]00[sec]; 
thence to latitude41[deg]19[min]02.5[sec], longitude 
71[deg]59[min]00[sec]; thenceto latitude 41[deg]19[min]06[sec], 
longitude71[deg]59[min]13.5[sec]; and thence to the point of beginning.
    (b) The following requirements shall govern this special 
anchoragearea:
    (1) The area will be principally for use by yachts and 
otherrecreational craft.
    (2) Temporary floats or buoys for marking anchors will be allowedbut 
fixed piles or stakes are prohibited. All moorings shall be soplaced 
that no vessel, when anchored, shall extend beyond the limitsof the 
area.
    (3) The anchoring of vessels and the placing of temporary 
mooringsshall be under the jurisdiction and at the discretion of the 
localharbor 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 atlatitude 
41[deg]19[min]01.4[sec], longitude072[deg]03[min]42.8[sec]; thence to a 
point in the cove at latitude41[deg]19[min]02.5[sec], longitude 
72[deg]03[min]36.2[sec];thence southeasterly to a point at 
latitude41[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], longitude072[deg]03[min]19.2[sec] thence 
terminating at the tip of JupiterPoint at

[[Page 439]]

latitude 41[deg]19[min]04.4[sec], longitude072[deg]03[min]19.7[sec]. 
DATUM: NAD 83
    (b) Beginning at a point on the shoreline of Pine Island atlatitude 
41[deg]18[min]47.1[sec], longitude072[deg]03[min]36.8[sec]; thence 
northerly to latitude41[deg]18[min]54.1[sec], longitude 
072[deg]03[min]35.4[sec];thence northeasterly to a point at 
latitude41[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 principallyfor the use 
of recreational vessels. Vessels shall be anchored so thatpart of the 
vessel obstructs the 135 foot wide channel. Temporaryfloats or buoys for 
marking the location of the anchor of a vessel atanchor 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 GreensHarbor bounded 
as follows: Beginning at a point on the shore 100 yardssoutheasterly of 
the southerly side of Thames Street extended; thence84[deg], 420 yards; 
thence 156[deg], 425 yards; thence 240[deg],210 yards, to the shore; and 
thence northwesterly along the shore tothe point of beginning.
    (b) Area No. 2. An area in the westerly part of GreensHarbor bounded 
as follows: Beginning at a point on the shore 15 yardssoutheasterly of 
the southerly side of Converse Place extended; thence54[deg], 170 yards; 
thence 114[deg]30[min], 550 yards; thence266[deg]30[min], 250 yards; 
thence 234[deg], 230 yards, to theshore; and thence northwesterly along 
the shore to the point ofbeginning.
    (c) Area No. 3. An area on the westerly side of the ThamesRiver in 
the vicinity of Jacobs Rock, the location of the U.S. CoastGuard Academy 
Sailing Center, bounded as follows: Beginning at thepoint on the shore 
where the north side of the Jacobs Rock causewaymeets the western 
shoreline; thence northerly along the western shoreof the Thames River a 
distance of 200 yards: thence 090[deg], 240yards; thence 180[deg], 200 
yards to the Jacobs Rock causeway; thencewesterly along the causeway to 
the point of beginning.
    (d) Area No. 4. An area in the western part of the ThamesRiver, 
north of the highway bridge, bounded as follows: Beginning at apoint 125 
yards north of the highway bridge at latitude41[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., longitude72[deg]05[min]27[sec] W.; thence 
northerly to latitude41[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., longitude72[deg]05[min]47[sec] W.; thence 
southeasterly to latitude41[deg]22[min]02[sec] N., longitude 
72[deg]05[min]40[sec] W.;thence downriver along the charted foul grounds 
to the point ofbeginning.

    Note: The area designated by paragraph (c) of this sectionis 
principally for the use of U.S. Coast Guard Academy and Academy-related 
boats. Temporary floats or buoys for marking anchors may beused. The 
anchoring of vessels and the placing of moorings will beunder the 
jurisdiction and at the discretion of the Chief, WaterfrontBranch, U.S. 
Coast Guard Academy, New London, Connecticut.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD3-84-37, 49 FR 
36840, Sept. 20, 1984; CGD385-67, 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 
latitude41[deg]18[min]23.3[sec], longitude 
72[deg]12[min]11.6[sec];thence to latitude 41[deg]18[min]50.7[sec], 
longitude72[deg]11[min]51.5[sec]; thence to the shoreline at 
latitude41[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 vesselsused for a 
recreational purpose. A temporary float or buoy for markingthe location 
of the anchor of a vessel at anchor may be used. Fixedmooring 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], 2,140feet; thence 
283[deg]- 27[min]15.5[sec], 240 feet; thence220[deg]36[min]39[sec], 
1,252.6 feet; thence295[deg]23[min]16.5[sec], 326.5 feet; 
thence269[deg]02[min]42.6[sec], 240 feet; 
thence261[deg]46[min]50.9[sec], 181.9 feet; 
thence226[deg]28[min]07.7[sec], 275.9 feet; 
thence147[deg]43[min]27.7[sec], 449.4 feet; thence

[[Page 440]]

238[deg]01[min]35.8[sec], 379.6 feet; and thence 
approximately156[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 apoint 
bearing 254[deg]09[min]16[sec], 153 yards, from Calves Island20 Light; 
thence 157[deg], 1,037 yards; thence 175[deg], 150 yards;thence 
265[deg], 250 yards; thence 350[deg], 660 yards; thence337[deg], 460 
yards; and thence approximately 67[deg], 135 yards, tothe point of 
beginning.
    (a-1) Area No. 1, at Essex. Beginning at a point onthe shore on the 
west side of Haydens Point bearing approximately211[deg], 270 yards, 
from Haydens Point Light; thence 270[deg], 160yards; thence due north, 
140 yards; thence 300[deg], 190 yards;thence 330[deg], 400 yards; thence 
90[deg], 60 yards; thence150[deg], 350 yards; thence 120[deg], about 434 
yards to a point onthe shore; thence along the shore southwesterly to 
the point ofbeginning.
    (b) Area No. 2, at Essex. Beginning at a point 
latitude41[deg]21[min]22[sec], longitude 72[deg]22[min]53[sec]; 
thence205[deg]30[min], 375 yards; thence 194[deg]31[min], 100 
yards;thence 185[deg]00[min], 440 yards; thence 153[deg]30[min], 
80yards; thence 121[deg]00[min], 220 yards; thence due 
northapproximately 1060 yards to the point of beginning.

    Note: The area will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles or stakes are prohibited.The anchoring of 
vessels and the placing of temporary moorings will beunder the 
jurisdiction and at the discretion of the local HarborMaster.

    (c) West of Brockway Island at Essex. That portion of thewaters 
northwest of a line ranging 238[deg] from 
latitude41[deg]22[min]20.7[sec], longitude 72[deg]22[min]49.8[sec] tothe 
shoreline; southwest of a line connecting a point at 
latitude41[deg]22[min]20.7[sec], longitude 72[deg]22[min]49.8[sec] and 
apoint at latitude 41[deg]22[min]28.2[sec], 
longitude72[deg]22[min]56[sec]; and southeast of a line ranging 
238[deg]from latitude 41[deg]22[min]28.2[sec], 
longitude72[deg]22[min]56[sec] to the shoreline.

    Note: This area is principally for vessels used for arecreational 
purpose. A mooring buoy is permitted. Fixed mooring pilesor stakes are 
prohibited.

    (d) Area No. 1, at Eddy Rock Light. Beginning at 
latitude41[deg]26[min]38[sec], longitude 72[deg]27[min]37[sec]; 
thenceextending southeasterly to latitude 
41[deg]26[min]12[sec],longitude 72[deg]27[min]18[sec]; thence extending 
westerly tolatitude 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 tolatitude 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 
latitude41[deg]26[min]11[sec], longitude 72[deg]27[min]16[sec]; 
thenceextending south southeasterly to latitude 
41[deg]26[min]03[sec],longitude 72[deg]27[min]02[sec]; thence extending 
southeasterly tolatitude 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 tolatitude 41[deg]26[min]05[sec], longitude 
72[deg]27[min]11[sec];thence extending north northwesterly to 
latitude41[deg]26[min]10[sec], longitude 72[deg]27[min]20[sec]; 
thenceextending easterly to the point of beginning.

    Note: The areas designated by paragraphs (d) and (e) of thissection 
are principally for use by yachts and other recreationalcraft. Fore and 
aft moorings will be allowed. Temporary floats orbuoys for marking 
anchors in place will be allowed. Fixed mooringpiles or stakes are 
prohibited. All moorings shall be so placed thatno vessel, when 
anchored, shall at any time extend beyond the limitsof the areas. The 
anchoring of vessels and placing of mooring floatsor buoys will be under 
the jurisdiction, and at the discretion of thelocal Harbor Master. Area 
2 will not be used during the shad fishingseason.

    (e-1) Area No. 1 at Chester. Beginning at a pointabout 600 feet 
southeasterly of the entrance of Chester Creek, atlatitude 
41[deg]24[min]23[sec], longitude 72[deg]25[min]41[sec];thence due south 
about 1,800 feet to latitude41[deg]24[min]05[sec], longitude 
72[deg]25[min]41[sec]; thencedue 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 feetto latitude 41[deg]24[min]23[sec], 
longitude72[deg]25[min]32[sec]; thence due west about 600 feet to the 
pointof beginning.

    Note: The area is principally for use by yachts and 
otherrecreational craft. A mooring buoy is allowed. Fixed mooring piles 
orstakes are prohibited.

    (e-2) Area No. 2 at Chester. That area south oflatitude 
41[deg]24[min]43.9[sec], west of longitude72[deg]25[min]35[sec], north 
of latitude

[[Page 441]]

41[deg]24[min]33.4[sec], and east of longitude72[deg]25[min]40.8[sec].

    Note: Area No. 2 may not be used during the shad fishingseason, 
April 1 to June 15, inclusive. A mooring buoy is permitted atother 
times. Fixed mooring piles or stakes are prohibited.

    (f) Vicinity of Mouse Island Bar below Portland. On thenorth side of 
the river shoreward of lines described as follows: (1)Beginning at a 
point bearing 02[deg], 175 yards, from Mouse Island 73Light; thence 
270[deg], 480 yards; and thence due north,approximately 230 yards, to 
the shore. (2) Beginning at the said pointbearing 02[deg], 175 yards, 
from Mouse Island 73 Light; thence70[deg], 400 yards; and thence 
350[deg], approximately 250 yards, tothe 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 latitude41[deg]33[min]55[sec], 
longitude 72[deg]38[min]43[sec]; thence250[deg] to latitude 
41[deg]33[min]54[sec], longitude72[deg]38[min]46[sec]; thence 160[deg] 
to latitude41[deg]33[min]48[sec], longitude 72[deg]38[min]43[sec]; 
thence145[deg] to latitude 41[deg]33[min]44[sec], 
longitude72[deg]38[min]39[sec]; thence 55[deg] to a point on the shore 
atlatitude 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 andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed. Fixed mooring piles or stakes are prohibited.All moorings shall 
be so placed that no vessel, when anchored, shallat any time extend 
beyond the limit of the area or closer than 50 feetto the Federal 
channel limit. The anchoring of vessels and the placingof temporary 
moorings will be under the jurisdiction, and at thediscretion of the 
local Harbor Master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGFR 68-137, 33 FR 
18279, Dec. 10, 1968; CGFR 68-139, 33FR 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 
thesoutheast shore of Butler Island at latitude41[deg]03[min]27.5[sec] 
N., longitude 73[deg]26[min]52[sec] W.;thence following the shoreline 
northerly along the westerly side ofFive Mile River to the highway 
bridge at Route 136 (White Bridge);thence easterly along the southerly 
side of the highway bridge to theeasterly side of Five Mile River; 
thence following the shorelinesoutherly along the easterly side of Five 
Mile River to a point on thesouthwest 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 pointof beginning, except those areas within the 
designated project channelas shown by dotted lines on the Five Mile 
River on Chart No. 12368(formerly C and GS Chart No. 221) issued by 
National Oceanic andAtmospheric Administration, U.S. Department of 
Commerce.

    Note: Under an Act of the Connecticut State Legislature theharbor 
superintendent, appointed by the Five Mile River Commission,may control 
moorings and navigation including preventing vessels fromanchoring 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 NeckPoint 
at latitude 41[deg]02[min]10[sec], longitude73[deg]28[min]44[sec]; 
thence northwesterly to latitude41[deg]02[min]17[sec], longitude 
73[deg]29[min]11[sec]; thencein a north-northwesterly direction to the 
southeast side of PrattIsland at latitude 41[deg]02[min]28[sec], 
longitude73[deg]29[min]17[sec]; thence following the shoreline around 
theeasterly and northerly sides of Pratt Island, the westerly 
andnortherly sides of Pratt Cove, and the westerly side of the 
DarienRiver to the causeway and dam at Gorham Pond on the north; 
thencealong the downstream side of the causeway and dam to the easterly 
sideof the Darien River, thence along the easterly shoreline to the 
pointof beginning.

    Note: An ordinance of the town of Darien, Conn. requires theDarien 
Harbor Master's approval of the location and type of anymooring 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 2,800feet 
downstream from the easterly end of the New York, New Haven andHartford 
Railroad Bridge at latitude 41[deg]01[min]23[sec],longitude 
73[deg]35[min]40[sec]; thence extending

[[Page 442]]

True west tolatitude 41[deg]01[min]23[sec], longitude 
73[deg]35[min]42[sec];thence extending southwesterly to a point at 
latitude41[deg]01[min]02[sec], longitude 73[deg]35[min]50[sec]; 
thenceTrue east to a point on the shoreline at 
latitude41[deg]01[min]02[sec], longitude 73[deg]35[min]48[sec]; 
thenceextending along the mean low water line to the point of beginning.
    (b) Area B. Beginning at the mean low water line about 700feet 
downstream from the westerly end of the New York, New Haven andHartford 
Railroad Bridge at latitude 41[deg]01[min]42[sec],longitude 
73[deg]35[min]47[sec]; thence True east to 
latitude41[deg]01[min]42[sec], longitude 73[deg]35[min]45[sec]; 
thencesoutheasterly to latitude 41[deg]01[min]23[sec], 
longitude73[deg]35[min]44[sec]; thence southwesterly to 
latitude41[deg]01[min]04[sec], longitude 73[deg]35[min]52[sec], 
thencesouthwesterly to latitude 41[deg]01[min]02[sec], 
longitude73[deg]35[min]55[sec]; thence True west to a point on shore on 
thenortherly 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 atthe mean low water line at latitude 
41[deg]01[min]05[sec],longitude 73[deg]36[min]00[sec]; thence along the 
mean low waterline to the point of beginning.

    Note: The areas are principally for use by yachts and 
otherrecreational craft. Temporary floats or buoys for marking anchors 
willbe allowed. Fixed mooring piles or stakes are prohibited. 
Theanchoring of vessels and placing of temporary moorings will be 
underthe jurisdiction, and at the discretion of the local Harbor 
Master.All moorings shall be so placed that no moored vessels will 
extendinto the waters beyond the limits of the areas or closer than 50 
feetto the Federal channel limits.



Sec. 110.59  Eastern Long Island, NY.

    (a) Huntington Harbor. Beginning on the shoreline atlatitude 
40[deg]54[min]19.5[sec], longitude73[deg]26[min]07.9[sec]; thence to 
latitude40[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; thencealong the downstream side of the bridge to the 
westerly side ofHuntington Harbor; thence along the western shoreline to 
the point ofbeginning.
    (b) Centerport Harbor. Beginning at the shoreline atlatitude 
40[deg]54[min]00[sec] , longitude73[deg]22[min]55.3[sec]; thence to 
latitude40[deg]54[min]03.8[sec], longitude 
73[deg]22[min]52.1[sec];thence along the eastern shoreline to the Mill 
Dam Bridge; thencealong the downstream side of the bridge to the 
westerly side ofCenterport Harbor; thence along the western shoreline to 
the point ofbeginning.
    (c) Northport Harbor. Beginning on the shoreline at 
latitude40[deg]54[min]25[sec] , longitude 73[deg]22[min]05[sec] ; 
thenceto latitude 40[deg]54[min]37.5[sec], 
longitude73[deg]21[min]32.9[sec]; thence along the eastern shoreline 
tolatitude 40[deg]53[min]33.1[sec], longitude72[deg]21[min]28.2[sec]; 
thence to latitude40[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), (b), and (c)of this 
section are principally for vessels used for a recreationalpurpose. A 
vessel shall be anchored so that no part of the vesselcomes within 50 
feet of the marked channel. A temporary float or buoyfor marking the 
location of the anchor of a vessel at anchor may beused. Fixed mooring 
piles or stakes are prohibited.
    (d) Cold Spring Harbor. That portion of the waters of ColdSpring 
Harbor easterly of a line ranging from the cupola in theextreme inner 
harbor through Cold Spring Harbor Light; southerly of aline ranging from 
the southernmost point of an L-shaped pier offWawepex Grove through the 
Clock Tower at Laurelton and northerly of aline ranging from the outer 
end of the Socony Mobil Oil Company's pierat Cold Spring Harbor through 
the Clock Tower at Laurelton, with theexception of an area within a 300-
foot radius of the outer end of theSocony Mobil Oil Company's pier.
    (e) Oyster Bay Harbor, New York. That portion of Oyster BayHarbor 
adjacent to the easterly side of Centre Island, westerly of aline on 
range with Cold Spring Harbor Light and the Stone House on theend of 
Plum Point, Centre Island.
    (f) Harbor of Oyster Bay, Oyster Bay, New York. The waterarea north 
of the town of Oyster Bay enclosed by a line beginning onthe shoreline 
at latitude 40[deg]52[min]35.5[sec] N., longitude73[deg]32[min]17[sec] 
W.; thence to latitude40[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., 
longitude73[deg]30[min]53[sec] W.; thence to 
latitude40[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 shorelineto 
the point of beginning.
    (g) Harbor of Oyster Bay, New York, Moses Point to BrickyardPoint. 
That portion of the waters of the Harbor of

[[Page 443]]

Oyster Bayenclosed by a line beginning at Moses Point on Centre Island 
atlatitude 40[deg]53[min]11[sec] N., longitude73[deg]31[min]14[sec] W.; 
thence to latitude40[deg]53[min]02[sec] N., longitude 
73[deg]31[min]22[sec] W.;thence to latitude 40[deg]53[min]02[sec] N., 
longitude73[deg]32[min]00[sec] W.; thence to Brickyard Point on 
CentreIsland at 40[deg]53[min]06[sec] N., longitude73[deg]32[min]00[sec] 
W.; thence following the shoreline to thepoint of beginning.
    Note: The anchoring of vessels and placement of temporarymoorings in 
anchorage areas described in paragraph (g) of this sectionwill be under 
the jurisdiction of the local Harbormaster appointed inaccordance with 
Article 12 of the Village Ordinance of the Village ofCentre Island, New 
York.
    (h) Coecles Harbor at Shelter Island, New York. That portionof 
Coecles Harbor bounded on the North by a line drawn between 
thenorthernmost point of land at Sungic Point and 
latitude41[deg]04[min]09[sec] North, longitude 
72[deg]17[min]54[sec]West, thence eastward along the shoreline to the 
point of origin.
    (i) West Neck Harbor at Shelter Island, New York. Thatportion of 
West Neck Harbor bounded on the North by a line drawnbetween latitude 
41[deg]02[min]48[sec] North, longitude72[deg]20[min]27[sec] West and a 
point on Shell Beach located atlatitude 41[deg]02[min]29[sec] North, 
longitude72[deg]20[min]59[sec] West; thence eastward along the shoreline 
tothe point of origin.

[USCG-2008-0179, 73 FR 35009, June 19, 2008]



Sec. 110.60  Captain of the Port, New York.

    (a) Western Long Island Sound. (1) Glen Island. Allwaters 
surrounding Glen Island bound by the following 
points:40[deg]52[min]53.1[sec] N, 073[deg]46[min]58.9[sec] W; thence 
to40[deg]52[min]46.6[sec] N, 073[deg]47[min]02.7[sec] W; thence toa line 
drawn from 40[deg]53[min]23.3[sec] N073[deg]47[min]01.5[sec] W to 
40[deg]53[min]19.0[sec] N073[deg]46[min]56.2[sec] W, excluding all 
waters within 25 feet ofthe 50-foot channel west and south of Glen 
Island.
    (2) Echo Bay. All waters northwest of a line drawn 
from40[deg]54[min]10.0[sec] N, 073[deg]45[min]52.9[sec] W 
to40[deg]54[min]25.0[sec] N, 073[deg]45[min]38.4[sec] W.
    Note: An ordinance of the Town of New Rochelle NY requires apermit 
from the New Rochelle Harbor Master or the New RochelleSuperintendent of 
Bureau of Marinas, Docks and Harbors before anymooring is placed in this 
special anchorage area.
    (3) Glen Island, East. All waters east of Glen Island, boundby the 
following points: 40[deg]53[min]01.4[sec] N,073[deg]46[min]51.4[sec] W; 
thence to 40[deg]53[min]03.1[sec] N,073[deg]46[min]44.4[sec] W; thence 
to 40[deg]53[min]06.2[sec] N,073[deg]46[min]38.0[sec] W; thence to 
40[deg]53[min]15.0[sec] N,073[deg]46[min]44.0[sec] W; thence along the 
shoreline to the pointof origin.
    (4) City Island, Eastern Shore. All waters bound by thefollowing 
points: 40[deg]50[min]12.0[sec] N,073[deg]46[min]57.3[sec] W; thence to 
40[deg]50[min]31.9[sec] N,073[deg]46[min]18.3[sec] W; thence to 
40[deg]51[min]17.0[sec] N,073[deg]46[min]49.9[sec] W; thence to 
40[deg]51[min]19.8[sec] N,073[deg]46[min]51.3[sec] W; thence to 
40[deg]51[min]47.0[sec] N,073[deg]47[min]02.5[sec] W; thence to 
40[deg]51[min]28.5[sec] N,073[deg]47[min]31.7[sec] W; thence to 
40[deg]51[min]25.1[sec] N,073[deg]47[min]29.9[sec] W; thence along the 
shoreline to the pointof origin, excluding the Cable and Pipeline Area 
between City and HartIslands.
    (5) City Island, Western Shore. All waters bound by thefollowing 
points: 40[deg]50[min]11.6[sec] N,073[deg]46[min]58.4[sec] W; thence to 
40[deg]50[min]02.5[sec] N,073[deg]47[min]23.3[sec] W; thence to 
40[deg]50[min]43.7[sec] N,073[deg]47[min]56.0[sec] W; thence to 
40[deg]51[min]15.9[sec] N,073[deg]47[min]36.0[sec] W; thence to 
40[deg]51[min]15.9[sec] N,073[deg]47[min]28.6[sec] W; thence along the 
shoreline to the pointof origin.
    (6) Eastchester Bay, Western Shore. All waters shoreward ofa line 
connecting the following points: 40[deg]49[min]31.3[sec] 
N,073[deg]48[min]26.3[sec] W; thence to 40[deg]50[min]56.4[sec] 
N,073[deg]48[min]49.2[sec] W; thence to 40[deg]50[min]55.3[sec] 
N,073[deg]48[min]55.4[sec] W; thence along the shoreline to the pointof 
origin.
    (7) Eastchester Bay, Locust Point. All waters west of a linedrawn 
from 40[deg]48[min]56.3[sec] N, 073[deg]47[min]56.2[sec] Wto 
40[deg]48[min]34.4[sec] N, 073[deg]47[min]56.2[sec] W.
    (8) Manhasset Bay, Plum Point. All waters bound by thefollowing 
points: 40[deg]50[min]02.9[sec] N,073[deg]43[min]37.3[sec] W; thence to 
40[deg]49[min]54.0[sec] N,073[deg]43[min]14.9[sec] W; thence to 
40[deg]50[min]06.6[sec] N,073[deg]42[min]51.0[sec] W; thence to 
40[deg]50[min]18.6[sec] N,073[deg]42[min]51.0[sec] W; thence along the 
shoreline to the pointof origin; excluding the seaplane restricted area 
described inSec. 162.
    (9) Manhasset Bay, Toms Point. All waters bound by thefollowing 
points: 40[deg]50[min]20.6[sec] N,073[deg]42[min]49.5[sec] W; thence to 
40[deg]50[min]05.3[sec] N,073[deg]42[min]49.4[sec] W; thence to 
40[deg]49[min]58.6[sec] N,073[deg]42[min]39.0[sec] W; thence to 
40[deg]49[min]48.9[sec] N,073[deg]42[min]55.6[sec] W; thence to 
40[deg]49[min]49.3[sec] N,073[deg]42[min]20.4[sec] W; thence to 
40[deg]50[min]02.5[sec] N,073[deg]42[min]14.2[sec] W; thence to 
40[deg]50[min]11.8[sec] N,073[deg]42[min]15.4[sec] W; thence along the 
shoreline to the pointof origin.
    (10) Manhasset Bay, at Port Washington. All waters bound bythe 
following points: 40[deg]49[min]44.9[sec] N,073[deg]42[min]11.3[sec] W; 
thence to 40[deg]49[min]44.3[sec] N,073[deg]43[min]03.2[sec] W;

[[Page 444]]

thence to40[deg]49[min]06.8[sec] N, 073[deg]42[min]46.6[sec] W; thence 
to40[deg]49[min]07.0[sec] N, 073[deg]42[min]16.2[sec] W; thencealong the 
shoreline to the point of origin.
    (11) Manhasset Bay, West Shore. All waters bound by thefollowing 
points: 40[deg]49[min]24.6[sec] N,073[deg]43[min]40.2[sec] W; thence to 
40[deg]49[min]33.2[sec] N,073[deg]43[min]28.3[sec] W; thence to 
40[deg]49[min]43.8[sec] N,073[deg]43[min]53.5[sec] W; thence to 
40[deg]49[min]39.2[sec] N,073[deg]43[min]57.9[sec] W; thence along the 
shoreline to the pointof origin.
    (12) Manhasset Bay, Plandome. All waters bound by thefollowing 
points: 40[deg]48[min]41.6[sec] N, 073[deg]42.31.7[sec]W; thence to 
40[deg]48[min]43.6[sec] N, 073[deg]42[min]42.5[sec]W; thence to 
40[deg]48[min]29.0[sec] N, 073[deg]42[min]44.4[sec]W; thence to 
40[deg]48[min]27.6[sec] N, 073[deg]42[min]44.4[sec]W; thence along the 
shoreline to the point of origin.
    (13) Elm Point. All waters bound by the following 
points:40[deg]49[min]01.0[sec] N, 073[deg]45[min]41.9[sec] W; thence 
to40[deg]49[min]04.4[sec] N, 073[deg]45[min]45.3[sec] W; thence 
to40[deg]49[min]13.8[sec] N, 073[deg]45[min]38.7[sec] W; thence 
to40[deg]49[min]18.9[sec] N, 073[deg]45[min]28.3[sec] W; thence 
to40[deg]49[min]08.9[sec] N, 073[deg]45[min]17.5[sec] W; thencealong the 
shoreline to the point of origin.
    Note: Temporary floats or buoys for marking anchors in placeare 
allowed. Fixed mooring piles or stakes are prohibited. Anordinance of 
the village of Kings Point regulates mooring andanchoring in the area 
which includes this special anchorage area.
    (14) Little Neck Bay. All waters east of a line drawn 
from40[deg]47[min]39.4[sec] N, 073[deg]46.27.1[sec] W; thence 
to40[deg]48[min]36.6[sec] N, 073[deg]45[min]58.5[sec] W; thence 
to40[deg]48[min]36.4[sec] N, 073[deg]45.48.4[sec] W; thence alongthe 
shoreline to the point of origin.
    (15) Hempstead Harbor, Mosquito Neck. All waters bound bythe 
following points: 40[deg]51[min]43.0[sec] N,073[deg]39[min]37.1[sec] W; 
thence to 40[deg]51[min]09.4[sec] N,073[deg]39[min]32.4[sec] W; thence 
to 40[deg]51[min]14.6[sec] N,073[deg]39[min]08.9[sec] W; thence to 
40[deg]51[min]20.0[sec] N,073[deg]38[min]56.1[sec] W; thence along the 
shoreline andbreakwater to the point of origin.
    (16) Hempstead Harbor, Sea Cliff. All waters bound by thefollowing 
points: 40[deg]51[min]16.7[sec] N,073[deg]38[min]51.9[sec] W; thence to 
40[deg]51[min]12.9[sec] N,073[deg]39[min]07.2[sec] W; thence to 
40[deg]51[min]03.6[sec] N,073[deg]39[min]31.6[sec] W; thence to 
40[deg]50[min]24.7[sec] N,073[deg]39[min]26.4[sec] W; thence along the 
shoreline to the pointof origin.
    (b) East River and Flushing Bay. (l) Flushing Bay,College Point 
North. All waters bound by the following points:40[deg]47[min]37.5[sec] 
N, 073[deg]51[min]13.4[sec] W; thence to40[deg]47[min]10.3[sec] N, 
073[deg]51[min]34.0[sec] W; thence to40[deg]47[min]09.1[sec] N, 
073[deg]51[min]32.6[sec] W; thencealong the shoreline to the point of 
origin.
    (2) Flushing Bay, College Point South. All waters bound bythe 
following points: 40[deg]47[min]01.8[sec] N,073[deg]51[min]29.2[sec] W; 
thence to 40[deg]47[min]01.8[sec] N,073[deg]51[min]33.2[sec] W; thence 
to 40[deg]46[min]31.7[sec] N,073[deg]51[min]15.9[sec] W; thence to 
40[deg]46[min]46.1[sec] N,073[deg]50[min]58.6[sec] W; thence along the 
shoreline to the pointof origin.
    (3) Flushing Bay, Cape Ruth. All waters bound by thefollowing 
points: 40[deg]46[min]39.9[sec] N,073[deg]50[min]56.1[sec] W; thence to 
40[deg]46[min]29.2[sec] N,073[deg]51[min]14.3[sec] W; thence to 
40[deg]46[min]12.3[sec] N,073[deg]51[min]04.3[sec] W; thence to 
40[deg]46[min]15.2[sec] N,073[deg]50[min]55.2[sec] W; thence along the 
shoreline to the pointof origin.
    (4) Flushing Bay, Southeast Area. All waters south of a linedrawn 
from 40[deg]45[min]41.4[sec] N, 073[deg]50[min]57.2[sec] Wto 
40[deg]45[min]51.7[sec] N, 073[deg]50[min]34.2[sec] W.
    (5) Flushing Bay, Southwest Area. All waters bound by thefollowing 
points: 40[deg]45[min]36.7[sec] N,073[deg]51[min]16.3[sec] W; thence to 
40[deg]45[min]48.5[sec] N,073[deg]50[min]58.4[sec] W; thence to 
40[deg]45[min]51.3[sec] N,073[deg]50[min]59.2[sec] W; thence to 
40[deg]45[min]49.4[sec] N,073[deg]51[min]07.5[sec] W; thence to 
40[deg]45[min]58.7[sec] N,073[deg]51[min]13.4[sec] W; thence to 
40[deg]46[min]02.1[sec] N,073[deg]50[min]20.1[sec] W; thence to 
40[deg]45[min]54.8[sec] N,073[deg]51[min]28.7[sec] W; thence to 
40[deg]45[min]46.2[sec] N,073[deg]51[min]35.3[sec] W; then northward 
along the shoreline andbreakwater to the point of origin.
    (6) Flushing Bay, West Area. All waters bound by thefollowing 
points: 40[deg]46[min]51.1[sec] N,073[deg]52[min]07.3[sec] W; thence to 
40[deg]47[min]11.2[sec] N,073[deg]51[min]47.1[sec] W; thence to 
40[deg]47[min]01.9[sec] N,073[deg]51[min]39.6[sec] W; thence to 
40[deg]46[min]28.3[sec] N,073[deg]51[min]20.0[sec] W; thence to the 
point of origin.
    Note: The anchoring of vessels and placing of temporarymoorings in 
anchorage areas described in paragraphs (b)(5) and (b)(6)of this section 
will be under the jurisdiction, and at the discretionof the local Harbor 
Master appointed by the City of New York.
    (7) Bowery Bay. All waters bound by the following 
points:40[deg]46[min]58.4[sec] N, 073[deg]53[min]44.1[sec] W; thence 
to40[deg]47[min]03.3[sec] N, 073[deg]53[min]37.4[sec] W; thence 
to40[deg]47[min]00.3[sec] N, 073[deg]53[min]29.3[sec] W; thence 
to40[deg]46[min]57.0[sec] N, 073[deg]53[min]29.8[sec] W; thence 
to40[deg]46[min]59.9[sec] N, 073[deg]53[min]34.2[sec] W; thence 
to40[deg]46[min]58.5[sec] N, 073[deg]53[min]35.8[sec] W; thence 
to40[deg]46[min]57.1[sec] N, 073[deg]53[min]33.8[sec] W; thence 
to40[deg]46[min]55.9[sec] N, 073[deg]53[min]35.2[sec] W; thence 
to40[deg]46[min]58.2[sec] N, 073[deg]53[min]39.0[sec] W; thence 
to40[deg]46[min]56.1[sec] N, 073[deg]53[min]41.4[sec] W; thencealong the 
shoreline and pier to the point of origin.
    (c) Hudson River. (1) Yonkers, Greystone Station. Allwaters bound by 
the following points: 40[deg]58[min]19.8[sec] N,

[[Page 445]]

073[deg]53[min]22.8[sec] W; thence to40[deg]58[min]21.1[sec] N, 
073[deg]53[min]28.7[sec] W; thence to40[deg]58[min]42.7[sec] N, 
073[deg]53[min]20.3[sec] W; thence to40[deg]58[min]41.8[sec] N, 
073[deg]53[min]15.4[sec] W; thencealong the shoreline to the point of 
origin.
    (2) Yonkers, North Glenwood. All waters bound by thefollowing 
points: 40[deg]57[min]26.8[sec] N,073[deg]53[min]46.6[sec] W; thence to 
40[deg]57[min]27.3[sec] N,073[deg]53[min]48.8[sec] W; thence to 
40[deg]57[min]55.3[sec] N,073[deg]53[min]34.4[sec] W; thence to 
40[deg]57[min]53.6[sec] N,073[deg]53[min]28.6[sec] W; thence along the 
shoreline to the pointof origin.
    (3) Nyack. That portion of the Hudson River bound by thefollowing 
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 pointof origin (NAD 1983), excluding a fairway in the 
charted cable areathat is marked with buoys.
    Note: The area is principally for use by yachts and 
otherrecreational craft. A mooring buoy is permitted.
    (4) Manhattan, Fort Washington Point. All waters bound bythe 
following points: 40[deg]51[min]08.1[sec] N,073[deg]56[min]36.7[sec] W; 
thence to 40[deg]51[min]09.4[sec] N,073[deg]56[min]40.9[sec] W; thence 
to 40[deg]52[min]08.3[sec] N,073[deg]55[min]56.6[sec] W; thence along 
the shoreline to the pointof origin.
    (5) Yonkers, Main Street. All waters bound by the followingpoints 
40[deg]56[min]15.4[sec] N, 073[deg]54[min]11.2[sec] W;thence to 
40[deg]56[min]16.7[sec] N, 073[deg]54[min]20.2[sec] W;thence to 
40[deg]56[min]08.9[sec] N, 073[deg]54[min]22.6[sec] W;thence to 
40[deg]56[min]07.9[sec] N, 073[deg]54[min]16.9[sec] W;thence to 
40[deg]56[min]07.0[sec] N, 073[deg]54[min]17.3[sec] W.
    (6) Yonkers, JFK Marina. All waters bound by the followingpoints: 
40[deg]57[min]28.5[sec] N, 073[deg]53[min]46.0[sec] W;thence to 
40[deg]57[min]30.5[sec] N, 073[deg]53[min]56.8[sec] W;thence to 
40[deg]57[min]07.5[sec] N, 073[deg]54[min]06.2[sec] W;thence to 
40[deg]57[min]08.0[sec] N, 073[deg]53[min]58.5[sec] W;thence along the 
shoreline to the point of origin.
    Note: The areas designated by paragraphs (c)(5) and (c)(6)are 
limited to vessels no greater than 20 meters in length and isprimarily 
for use by recreational craft on a seasonal or transientbasis. These 
regulations do not prohibit the placement of mooringswithin the 
anchorage area, but requests for the placement of mooringsshould be 
directed to the local government to ensure compliance withlocal 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 encouragedto 
contact the local harbormaster for any additional ordinances and 
toensure compliance with additional applicable state and local laws.
    (7) Hastings-on-Hudson. All waters bound by the followingpoints: 
40[deg]59[min]56.0[sec] N, 073[deg]53[min]05.4[sec] W;thence to 
40[deg]59[min]56.3[sec] N, 073[deg]53[min]09.6[sec] W;thence to 
41[deg]00[min]05.1[sec] N, 073[deg]53[min]09.2[sec] W;thence to 
41[deg]00[min]14.7[sec] N, 073[deg]53[min]06.4[sec] W;thence to 
41[deg]00[min]14.5[sec] N, 073[deg]53[min]00.5[sec] W;thence along the 
shoreline to the point of origin.
    (8) Tarrytown. All waters bound by the following 
points:41[deg]04[min]21.0[sec] N, 073[deg]52[min]03.4[sec] W; thence 
to41[deg]04[min]21.0[sec] N, 073[deg]52[min]11.3[sec] W; thence 
to41[deg]04[min]13.6[sec] N, 073[deg]52[min]11.0[sec] W; thence 
to41[deg]04[min]13.6[sec] N, 073[deg]52[min]00.5[sec] W; thencealong the 
shoreline to the point of origin.
    (9) West Point. All waters west of a line drawn 
from41[deg]23[min]10.0[sec] N, 073[deg]57[min]18.1[sec] W 
to41[deg]23[min]23.5[sec] N, 073[deg]57[min]11.5[sec] W.
    (10) Haverstraw. That portion of the Hudson River bound bythe 
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.
    (11) Cedar Hill. All waters bound by the following 
points:42[deg]32[min]33.1[sec] N, 073[deg]45[min]33.1[sec] W; thence 
to42[deg]32[min]33.1[sec] N, 073[deg]45[min]28.3[sec] W; thence 
to42[deg]32[min]49.2[sec] N, 073[deg]45[min]26.6[sec] W; thence 
to42[deg]32[min]49.3[sec] N, 073[deg]45[min]31.1[sec] W; thencealong the 
shoreline to the point of origin.
    (d) New York Harbor. (1) Newark Bay, Southeast. Allwaters bound by 
the following points: 40[deg]39[min]27.9[sec] N,074[deg]08[min]07.1[sec] 
W; thence to 40[deg]39[min]31.7[sec] N,074[deg]08[min]13.4[sec] W; 
thence to 40[deg]39[min]31.4[sec] N,074[deg]08[min]24.6[sec] W; thence 
to 40[deg]39[min]52.4[sec] N,074[deg]08[min]11.7[sec] W; thence to 
40[deg]39[min]47.8[sec] N,074[deg]07[min]59.4[sec] W; thence along the 
shoreline to the pointof origin.
    (2) Newark Bay, Southwest. All waters bound by the followingpoints: 
40[deg]38[min]52.1[sec] N, 074[deg]09[min]41.1[sec] W;thence to 
40[deg]38[min]51.6[sec] N, 074[deg]10[min]18.2[sec] W;thence to 
40[deg]38[min]51.0[sec] N, 074[deg]10[min]36.5[sec] W;thence to 
40[deg]39[min]16.8[sec] N, 074[deg]09[min]56.3[sec] W;thence to 
40[deg]39[min]16.2[sec] N, 074[deg]09[min]36.9[sec] W;thence to the 
point of origin, excluding therefrom the ``PipeLine Area''.
    (3) Great Kills Harbor. All waters northeast of a lineconnecting the 
following points: 40[deg]32[min]06.4[sec] N,074[deg]08[min]24.5[sec] W; 
thence to 40[deg]32[min]06.9[sec] N,074[deg]08[min]25.8[sec] W; thence 
to 40[deg]32[min]19.0[sec] N,074[deg]08[min]21.1[sec] W; thence to 
40[deg]32[min]28.1[sec] N,074[deg]08[min]24.3[sec] W;

[[Page 446]]

thence to40[deg]32[min]40.3[sec] N, 074[deg]08[min]08.4[sec] W; thence 
to40[deg]32[min]45.2[sec] N, 074[deg]08[min]11.4[sec] W; thencealong the 
northern and eastern shoreline to the point of origin.
    Note: The special anchorage area is principally for use byyachts and 
other recreational craft. A temporary float or buoy formarking the 
location of the anchor of a vessel at anchor may be used.Fixed mooring 
piles or stakes are prohibited. Vessels shall beanchored so that no part 
of the vessel comes within 50 feet of themarked channel.
    (4) Jamaica Bay, Canarsie Beach. All waters bound by thefollowing 
points: 40[deg]37[min]22.0[sec] N,073[deg]53[min]43.5[sec] W; thence to 
40[deg]37[min]18.4[sec] N,073[deg]53[min]32.9[sec] W; thence to 
40[deg]37[min]37.6[sec] N,073[deg]53[min]06.5[sec] W; thence to 
40[deg]37[min]42.9[sec] N,073[deg]53[min]14.4[sec] W; thence along the 
shoreline to the pointof origin.
    (5) Jamaica Bay, East Broad Channel. All waters bound by 
thefollowing points: 40[deg]35[min]48.5[sec] N,073[deg]49[min]12.5[sec] 
W; thence to 40[deg]35[min]50.2[sec] N,073[deg]49[min]04.7[sec] W; 
thence to 40[deg]36[min]23.4[sec] N,073[deg]48[min]56.3[sec] W; thence 
along the shoreline to the pointof origin.
    Note: The area will be principally for use by yachts andother 
recreational craft. Temporary floats or buoys for markinganchors will be 
allowed.
    (6) Sheepshead Bay, West. All waters bound by the followingpoints: 
40[deg]35[min]00.0[sec] N, 073[deg]56[min]54.8[sec] W;thence to 
40[deg]34[min]58.9[sec] N, 073[deg]57[min]09.6[sec] W;thence to 
40[deg]34[min]56.6[sec] N, 073[deg]57[min]09.1[sec] W;thence to 
40[deg]34[min]57.5[sec] N, 073[deg]56[min]54.4[sec] W;thence to the 
point of origin.
    (7) Sheepshead Bay, North. All waters bound by the followingpoints: 
40[deg]34[min]58.5[sec] N, 073[deg]56[min]00.5[sec] W;thence to 
40[deg]34[min]58.6[sec] N, 073[deg]56[min]26.0[sec] W;thence to 
40[deg]34[min]56.6[sec] N, 073[deg]56[min]26.8[sec] W;thence to 
40[deg]34[min]54.8[sec] N, 073[deg]56[min]24.8[sec] W;thence to 
40[deg]34[min]55.4[sec] N, 073[deg]56[min]10.1[sec] W;thence to 
40[deg]34[min]57.9[sec] N, 073[deg]56[min]00.5[sec] W;thence to the 
point of origin.
    (8) Sheepshead Bay, South. All waters bound by the followingpoints: 
40[deg]34[min]54.2[sec] N, 073[deg]56[min]01.8[sec] W;thence to 
40[deg]34[min]53.6[sec] N, 073[deg]56[min]27.2[sec] W;thence to 
40[deg]34[min]55.8[sec] N, 073[deg]56[min]43.6[sec] W;thence to 
40[deg]34[min]54.5[sec] N, 073[deg]56[min]43.6[sec] W;thence to 
40[deg]34[min]52.0[sec] N, 073[deg]56[min]34.0[sec] W;thence to 
40[deg]34[min]53.1[sec] N, 073[deg]56[min]01.6[sec] W;thence to the 
point of origin.
    (9) Lower Bay, Point Comfort. All waters bound by thefollowing 
points: 40[deg]27[min]18.5[sec] N,074[deg]08[min]24.5[sec] W; thence to 
40[deg]27[min]37.4[sec] N,074[deg]08[min]51.8[sec] W; thence to 
40[deg]27[min]51.4[sec] N,074[deg]08[min]31.9[sec] W; thence to 
40[deg]27[min]49.7[sec] N,074[deg]07[min]44.9[sec] W; thence to 
40[deg]27[min]15.3[sec] N,074[deg]07[min]45.7[sec] W; thence along the 
shoreline to the pointof origin.
    (10) Perth Amboy, NJ. All waters bound by the followingpoints: 
40[deg]30[min]18.5[sec] N, 074[deg]15[min]45.1[sec] W;thence to 
40[deg]30[min]16.6[sec] N, 074[deg]15[min]37.8[sec] W;thence to 
40[deg]30[min]03.0[sec] N, 074[deg]15[min]43.5[sec] W;thence to 
40[deg]29[min]36.4[sec] N, 074[deg]16[min]07.9[sec] W;thence to 
40[deg]29[min]31.1[sec] N, 074[deg]16[min]20.2[sec] W;thence to 
40[deg]29[min]47.1[sec] N, 074[deg]16[min]48.8[sec] W;thence to 
40[deg]30[min]02.0[sec] N, 074[deg]16[min]40.3[sec] W;thence along the 
shoreline to the point of origin.
    (e) Datum. All positions are NAD 1983.

[USCG-2008-0179, 73 FR 35010, June 19, 2008]



Sec. 110.65  Indian River Bay, Del.

    Beginning at a point bearing 174[deg], 300 feet, from a point onthe 
southerly edge of the project channel 5,500 feet westerly from theState 
highway bridge across Indian River Inlet; thence 174[deg], 600feet; 
thence 264[deg], 800 feet; thence 354[deg], 600 feet; andthence 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 Creekand 
Jansen Avenue, Essington, bounded as follows: Beginning at a 
point(approximately latitude 39[deg]51[min]31[sec], 
longitude75[deg]17[min]43[sec] ) on a line in prolongation of the 
westerlyline of Jansen Avenue 135 yards southerly from the mean high 
waterline; thence 184[deg], 300 yards; thence 274[deg]30[min], 
1,700yards; thence 04[deg], 425 yards; thence 100[deg], 1,225 yards; 
andthence 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 extremityof 
Courthouse Point and the westernmost point of Herring Island;westerly of 
a line bearing 180[deg] from a point on the aforesaidline 220 yards from 
the westernmost point of Herring Island; andnortherly and easterly of 
the shoreline.



Sec. 110.70a  Northeast River, North East, Md.

    The water area west of North East Heights, Maryland enclosed by 
aline beginning on the shoreline at latitude

[[Page 447]]

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., 
longitude75[deg]57[min]29[sec] W.; thence northeasterly to 
latitude39[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 followingthe 
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 mouthof 
Elk River, Maryland, comprising the entire cove south of JacobsNose as 
defined by the shoreline and a line bearing046[deg]--226[deg] true 
across the entrance of the covetangent 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 
fromlatitude 38[deg]56[min]34[sec] N., longitude76[deg]12[min]49[sec] 
W., on the western shore to latitude38[deg]56[min]28[sec] N., longitude 
76[deg]12[min]29[sec] W., onthe eastern shore; thence following the 
general line of the shore tothe 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 oppositeDrum 
Point enclosed by a line drawn from latitude38[deg]53[min]17[sec] N., 
longitude 76[deg]11[min]23[sec] W., tolatitude 38[deg]53[min]18[sec] N., 
longitude76[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 shorelineto 
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 
ofMagothy River, southwest of a line bearing 310[deg]30[min] from 
themost northerly tip of an unnamed island located 0.16 mile 
upstreamfrom the mouth of the creek approximately 660 feet to the west 
shoreof the creek; northwest of a line ranging from the southwesterly 
tipof the island toward the point of land on the west shore of the 
creekimmediately southwest thereof; and north of a line 100 feet from 
andparallel to the shore of the creek to its intersection with the 
southproperty line extended of the Potapskut Sailing Association, 
Inc.,thence northwesterly along the said property line extended to 
theshore.



Sec. 110.72a  Chester River, southeast of Chestertown, Md.

    The waters of the Chester River enclosed by a line beginning at 
apoint 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 point400 feet 
southwest of the entrance to Hambleton Creek at 
latitude39[deg]10[min]55[sec] N., longitude 76[deg]02[min]40[sec] 
W.;thence northeasterly to the eastern side of the entrance to 
HambletonCreek; thence southerly following the shoreline to the Rolph 
PointMarina pier; thence southwesterly along the Rolph Point Marina pier 
tothe point of beginning.

[CGD 73-10R, 38 FR 33973, Dec. 10, 1973]



Sec. 110.72aa  Elizabeth River Spectator Vessel Anchorage Areas, between Norfolkand Portsmouth, Virginia.

    (a) Special Anchorage Areas. (1) The waters of the ElizabethRiver 
bounded by the shore and a line drawn between Hospital Point atlatitude 
Latitude 36[deg]50[min]50.5[sec] North, longitude76[deg]18[min]09.0[sec] 
West, and the tip of the channelside pierat 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 
NorfolkReach section of the Elizabeth River, bounded by the shore and a 
linedrawn 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 ofthe southern most railroad pier at Port Norfolk at 
latitude36[deg]51[min]14.5[sec] North, longitude 
76[deg]18[min]44.0[sec]West.
    (b) Effective period. These special anchorage areas inparagraph (a) 
of this section are only in effect when the regulationsin Sec. 100.501 
of this title are in effect.

[CGD05-88-12, 53 FR 20320, June 3, 1988]

[[Page 448]]



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 tolatitude 
31[deg]09[min]42[sec] N., longitude81[deg]25[min]10[sec] W.; thence 
westerly to the shoreline atlatitude 31[deg]09[min]45[sec] N., 
longitude81[deg]25[min]20[sec] W.; thence northeasterly along the 
shorelineto latitude 31[deg]10[min]02[sec] N., 
longitude81[deg]25[min]00[sec] W.; thence southeasterly to the point 
oforigin.

[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 ColumbiaSailing 
Club, approximately latitude 34[deg]03[min]51[sec] N.,longitude 
81[deg]13[min]37[sec] W.; thence 167[deg] to 
latitude34[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., 
longitude81[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 areaacross 
the Ashley River Channel from the George M. Lockwood MunicipalMarina 
bounded by the southwest side of the channel beginning atlatitude 
32[deg]46[min]42.7[sec] N, longitude079[deg]57[min]19.3[sec] W; thence 
to latitude32[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, 
longitude079[deg]57[min]15.5[sec] W; thence to 
latitude32[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 
theAshley River Channel. All coordinates referenced use datum: NAD 1983.
    (b) Ashley River Anchorage 2. The waters lying within an areaacross 
the Ashley River Channel from the Ashley Marina bounded by thesouthwest 
side of the channel beginning at latitude32[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, longitude079[deg]57[min]40.5[sec] W; thence 
to latitude32[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, 
longitude079[deg]57[min]28.7[sec] W; thence back to the beginning 
followingthe southwest boundary of the Ashley River Channel. All 
coordinatesreferenced use datum: NAD 1983.

[CGD07-96-017, 61 FR 40994, Aug. 7, 1996; 61 FR63715, Dec. 2, 1996]



Sec. 110.73  St. Johns River, Fla.

    (a) Area A. The waters lying within an area bounded by aline 
beginning at a point located at the west bank of St. Johns Riverat 
latitude 30[deg]15[min]11[sec], longitude81[deg]41[min]23[sec]; thence 
to latitude 30[deg]15[min]13[sec],longitude 81[deg]41[min]14[sec]; 
thence to latitude30[deg]15[min]03[sec], longitude 
81[deg]41[min]11[sec]; thenceto latitude 30[deg]15[min]04[sec], 
longitude81[deg]41[min]20[sec]; and thence to the point of beginning.
    (b) Area B. The waters lying within an area bounded by aline 
beginning at latitude 30[deg]15[min]03[sec], 
longitude81[deg]41[min]28[sec]; thence to latitude 
30[deg]15[min]02[sec],longitude 81[deg]41[min]10[sec]; thence to 
latitude30[deg]14[min]56[sec], longitude 81[deg]41[min]08[sec]; thenceto 
latitude 30[deg]14[min]54.5[sec], longitude81[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 
latitude27[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., 
longitude80[deg]28[min]13[sec] W.; thence 156[deg] to 
latitude27[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., 
longitude80[deg]28[min]18[sec] W.; thence northerly along the shoreline 
tothe point of beginning.

    Note: This area is principally for use by commercial fishingvessels 
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 easternshore of 
Fritz Is. at latitude 27[deg]39[min]32.5[sec] N.,longitude 
80[deg]22[min]20.6[sec] W. following the shorelinenorthward 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 apoint on Orchid Is. at 
approximately latitude 27[deg]39[min]46[sec]N., longitude 
80[deg]22[min]16.2[sec] W., thence southerly alongthe 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 pointof beginning.

[[Page 449]]

    (b) Area B. Beginning at a point located at theentrance channel 
marker No. 2 at latitude 27[deg]39[min]12[sec] N.,longitude 
80[deg]22[min]17.3[sec] W., thence northeasterly tochannel 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., longitude80[deg]22[min]11.8[sec] W., thence 
southerly along the westernshoreline 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 pointof beginning.
    (c) Vessels shall be so anchored so that no part of the 
vesselobstructs the turning basin or channels adjacent to the 
specialanchorage 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 
theOkeechobee Intracoastal Waterway between mile marker 7 and 8 on 
theSt. Lucie River, bounded by a line beginning 
at27[deg]12[min]06.583[sec] N, 80[deg]15[min]33.447[sec] W; thenceto 
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 
to27[deg]11[min]42.51[sec] N, 80[deg]15[min]49.36[sec] W; thenceto 
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 
to27[deg]11[min]47.881[sec] N, 80[deg]15[min]38.271[sec] W; thenceback 
to the original point. All coordinates reference Datum NAD:83.

    Note: This area is principally used by recreational vessels.The 
mooring of vessels in this area is administered by the 
localHarbormaster, City of Stuart, Florida.

[CGD07-99-058, 65 FR 2877, Jan. 19, 2000, asamended 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 
CaptainsLanding Docks at latitude 25[deg]58[min]04[sec] N., 
longitude81[deg]43[min]31[sec] W.; thence 108[deg], 450 feet; 
thence198[deg], 900 feet; thence 288[deg], 450 feet; thence 018[deg], 
900feet to the point of beginning.

    Note: The area is principally for use by yachts and 
otherrecreational craft. Fore and aft moorings will be allowed. 
Temporaryfloats or buoys for marking anchors in place will be allowed. 
Fixedmooring piles or stakes are prohibited. All moorings shall be 
soplaced that no vessel, when anchored, shall at any time extend 
beyondthe 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 
atlatitude 27[deg]31[min]18.6[sec] N. longitude82[deg]36[min]49.2[sec] 
W.; thence westerly to latitude27[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 tolatitude 27[deg]31[min]25.8[sec] N., 
longitude82[deg]37[min]00[sec] W.; thence easterly to 
latitude27[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 
TampaSailing Squadron at latitude 27[deg]46[min]50.2[sec] N., 
longitude82[deg]25[min]27.8[sec] W.; thence southeasterly to 
latitude27[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 tolatitude 
27[deg]46[min]39.9[sec] N., longitude82[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 
oflongitude 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 atthe 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 therubble breakwater; 
westward and northward of said breakwater; andeastward of the Corpus 
Christi sea wall.



Sec. 110.77  Amistad Reservoir, Tex.

    (a) Diablo East, Tex. That portion of the Amistad Reservoirenclosed 
by a

[[Page 450]]

line connecting the following points, excluding a300-foot-wide fairway 
extending northerly from the launching ramp asestablished 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 Reservoirenclosed 
by a line connecting the following points, excluding a 300-foot-wide 
fairway extending westerly from the launching ramp to theDevils River 
main channel as established by the Superintendent ofAmistad 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 ofAmistad 
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 andother 
recreational craft. The anchoring of vessels and the placing oftemporary 
moorings will be under the jurisdiction and at thediscretion of the 
Superintendent, Amistad Recreation Area.

[CGFR 70-12, 35 FR 3807, Feb. 27, 1970]



Sec. 110.77a  Duluth-Superior Harbor, Duluth, Minn.

    The area adjacent to Park Point in Duluth-Superior Harbor withinthe 
following boundaries: beginning at latitude46[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., longitude92[deg]05[min]01[sec] W.; thence to 
latitude46[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., 
longitude92[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 to46[deg]46[min]35.5[sec] N, 090[deg]47[min]17.0[sec] W; 
thensouth southeasterly to 46[deg]46[min]27[sec] 
N,090[deg]47[min]12.8[sec] W; then east southeasterly 
to46[deg]46[min]22.6[sec] N, 090[deg]46[min]58.8[sec] W; thenfollowing 
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], 3,000feet from 
the fixed green Sturgeon Bay Canal Leading Light mounted onthe highway 
bridge; thence 120[deg], 1,200 feet, this line beingparallel to and 150 
feet from the channel edge; thence 222[deg], 500feet; thence 300[deg], 
1,200 feet; thence 042[deg], 500 feet to thepoint of beginning.
    (b) Area 2. Beginning at a point 160 feet from the shorelineand on 
the east line of 15th Avenue extended; thence south 530 feet toa point 
100 feet from the northern edge of the channel; thencesoutheasterly 
2,350 feet along a line parallel to the northern edge ofthe channel to a 
point on the east line of 18th Avenue extended, usingthat portion of 
18th Avenue that runs in a true north-south directionperpendicular to 
Utah Street; thence north 530 feet along this line of18th Avenue 
extended to a point approximately 400 feet from theshoreline; thence 
northwesterly 2,350 feet along a line parallel tothe 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 ofSturgeon Bay 
and provides for other regulation of the use of vesselsand moorings in 
this area.

[CGFR 70-15A, 35 FR 8823, June 6, 1970, as amended byCGFR 70-86A, 35 FR 
18374, Dec. 3, 1970; CGD9 92-29, 58FR 9543, Feb. 22, 1993]



Sec. 110.79a  Neenah Harbor, Neenah, Wis.

    (a) Area 1. The area of Neenah Harbor south of the main 
shippingchannel within the following boundary: A line beginning at a 
pointbearing 117.5[deg], 1,050 feet from the point where the 
southeasterlyside of the First Street/Oak Street Bridge crosses the 
south shorelineof the river; thence 254[deg], 162 feet; thence 146[deg], 
462 feet;164[deg], 138 feet; 123[deg], 367 feet; 068[deg], 400 
feet;044[deg], 400 feet;

[[Page 451]]

thence 320[deg], 107 feet; thence283[deg], 1,054 feet to the point of 
beginning.
    (b) Area 2. Commencing at a point where the west line of 
SecondStreet extended meets the north edge of the harbor, thence south 
tointersect the north edge of the channel at 
latitude44[deg]11[min]04.2[sec] North, longitude 
88[deg]27[min]13.2[sec]West, thence northwesterly to a point at 
latitude44[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., requiresapproval of 
the Neenah Police Department for the location and type ofindividual 
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 
thefollowing boundaries: beginning at latitude 44[deg]01[min]47[sec]N., 
longitude 88[deg]31[min]05[sec] W.; thence to 
latitude44[deg]01[min]46[sec] N., longitude 88[deg]31[min]00[sec] 
W.;thence to latitude 44[deg]01[min]34[sec] N., 
longitude88[deg]31[min]04[sec] W.; thence to 
latitude44[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 
latitude45[deg]07[min]58[sec] N., longitude 87[deg]14[min]41[sec] 
W.;thence to latitude 45[deg]07[min]58[sec] N., 
longitude87[deg]14[min]35[sec] W.; thence to 
latitude45[deg]07[min]50[sec] N., longitude 87[deg]14[min]30[sec] 
W.;thence to latitude 45[deg]07[min]47[sec] N., 
longitude87[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 Parkenclosed by a 
line beginning at McKinley Park Jetty Light; thence090[deg], 500 feet to 
a point on the breakwater; thence northerly andnorthwesterly following 
the breakwater, piers, jetty and naturalshoreline to the point of 
beginning.
    (b) South Shore Park. The water area northeast of SouthShore Park 
enclosed by a line beginning at the northeast corner of thejetty at 
latitude 43[deg]00[min]07.5[sec] N., longitude87[deg]53[min]08[sec] W.; 
thence to latitude43[deg]00[min]05[sec] N., longitude 
87[deg]53[min]01[sec] W.;thence to latitude 42[deg]59[min]55[sec] N., 
longitude87[deg]52[min]53[sec] W.; thence to 
latitude42[deg]59[min]40[sec] N., longitude 87[deg]52[min]33.5[sec] 
W.;thence to a point of the shoreline at latitude42[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 Parkenclosed by a 
line beginning on the shoreline at latitude42[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., longitude87[deg]52[min]27[sec] W.; thence to 
latitude42[deg]59[min]08[sec] N., longitude 87[deg]51[min]37[sec] 
W.;thence to a point on the shoreline at latitude42[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, Wisconsinrequires the 
approval of the Milwaukee Harbor Master for the locationand 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 theentrance 
to Lake Michigan, shoreward (south) of a line commencingoffshore of 
Macatawa Park at a point 960 feet S 156[deg] E from thelight on the 
south pier at the entrance to the Lake, and extending1,550 feet N 
82[deg] E toward the northwest corner of the MacatawaBay Yacht Club 
pier.



Sec. 110.80b  Marquette Harbor, Marquette, Mich.

    The area within Marquette Harbor beginning at 
latitude46[deg]32[min]38[sec] N., longitude 87[deg]22[min]46[sec] 
W.;thence to latitude 46[deg]32[min]37[sec] N., 
longitude87[deg]22[min]54[sec] W.; thence to 
latitude46[deg]32[min]33[sec] N., longitude 87[deg]22[min]54[sec] 
W.;thence to latitude 46[deg]32[min]33[sec] N., 
longitude87[deg]22[min]46[sec] W., thence to point of origin.

    Note: An ordinance of the City of Marquette authorizes 
theHarbormaster to direct the location and length of time any 
watercraftmay anchor in this area.

[CGD 79-018, 44 FR 50040, Aug. 27, 1979]

[[Page 452]]



Sec. 110.81  Muskegon Lake, Mich.

    (a) Muskegon Lake West. The waters of the southwest side ofMuskegon 
Lake enclosed by a line beginning at latitude43[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., longitude86[deg]19[min]02.5[sec] W.; thence 
230[deg]T to latitude43[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 ofMuskegon 
Lake enclosed by a line beginning at latitude43[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., longitude86[deg]16[min]27[sec] W.; thence 
205[deg]T to the shore; thencealong the shoreline to the point of 
origin.

    Note: Administration of the Special Anchorage Area isexercised 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, 
longitude86[deg]13[min]52.5[sec] West; thence to 
latitude44[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, longitude86[deg]13[min]37.8[sec] West; then to 
latitude44[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]



Sec. 110.82  Charlevoix Harbor, Mich.

    The waters on the north side of Round Lake northward of a 
linebeginning at a point approximately 200 feet south of the north 
shorebearing 60[deg], 280 feet, from the northeast corner of 
theCharlevoix Municipal Wharf, and bearing thence 92[deg], 400 
feet,thence 129[deg], 1,160 feet, and thence 110[deg] to the westerly 
endof 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 
latitude45[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., 
longitude84[deg]59[min]07[sec] W.; thence to 
latitude45[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., 
longitude84[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 
latitude45[deg]25[min]35[sec] N., longitude 84[deg]58[min]53[sec] 
W.;thence to latitude 45[deg]25[min]35[sec] N., 
longitude84[deg]58[min]24.8[sec] W.; thence to 
latitude45[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., 
longitude84[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 feetSouth of the 
intersection of the North line of the Chicago Yacht Clubbulkhead, as 
constructed in 1927, and the harbor line approved by theDepartment of 
the Army on August 3, 1940, along the West side of theharbor, said 
harbor line runs parallel to the overall alignment ofsaid Grant Park 
bulkhead between its North and South ends, saidintersection is 
approximately 800 feet South of the South face of theformer Naval Armory 
Dock, and 100 feet East of said bulkhead, thatpoint being approximately 
on the harbor line; thence North along astraight line parallel to said 
harbor line and bulkhead, 1,705 feet toa point that is 100 feet East of 
said harbor line and 150 feet East ofthe 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 theaforesaid Grant Park bulkhead; thence Southeasterly 740 
feet to apoint 1,600 feet East of said harbor line; thence Southerly 
1,960 feetto a point approximately 1,555 feet East of said harbor line 
and about1,560 feet East of said Grant Park bulkhead; thence 
Southwesterly 295feet to a point 1,180 feet due East, in a direction 
perpendicular tothe West line hereof, from the point of beginning; and 
thence West tothe point of beginning.
    (b) Grant Park North-B. Beginning at a point 145 feet Northof the 
North line of the Chicago Yacht Club bulkhead, as constructedin 1927, 
and 320 feet East of the harbor line approved by theDepartment of the 
Army on August 3, 1940, along the West side of theharbor, said Chicago 
Yacht Club bulkhead extends due East,perpendicular to the

[[Page 453]]

Grant Park bulkhead's overall alignmentbetween its North and South ends, 
said bulkhead runs parallel to theaforesaid harbor line and is 
approximately 800 feet South of the Southface of the former Naval Armory 
Dock, said point is 20 feet East ofthe East face of the Chicago Park 
District jetty; thence Northparallel to said jetty, 230 feet to a point 
20 feet South of the Southface of the Lake Shore Drive bulkhead, said 
bulkhead runs Easterly andWesterly in a curved direction; thence 
Easterly along a line parallelto said curved bulkhead to a point 20 feet 
Southwest and perpendicularto a line extended along the Southwest side 
of the Columbia Yacht Clubpier to said curved bulkhead; thence 
Southeasterly parallel to saidextended line, 160 feet; thence 
Southwesterly to the point ofbeginning.
    (c) Grant Park North-C. Beginning at a point 970 feet Northof the 
North line of the Chicago Yacht Club bulkhead, as constructedin 1927, 
which extends due East and perpendicular from the harbor lineapproved by 
the Department of the Army on August 3, 1940, said ChicagoYacht Club 
bulkhead line is approximately 800 feet South of the Southface of the 
former Naval Armory Dock, and 1,170 feet East of saidharbor line, said 
point of beginning is 20 feet East of the East faceof the Columbia Yacht 
Club pier and 20 feet South of the South face ofa breakwater, which runs 
in a East and West direction; thence Eastalong 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 lineparallel to the West face of said 
North-South breakwater,approximately 965 feet; thence Northwesterly to a 
point 20 feetSoutheast and perpendicular to the Southeast side of the 
aforesaidColumbia Yacht Club pier; thence Northerly along a line 
parallel tothe East face of said pier to the point of beginning.
    (d) Grant Park South. Beginning at a point 2,220 feet Southof the 
intersection of the North line of the Chicago Yacht Clubbulkhead, as 
constructed in 1927, and the harbor line approved by theDepartment of 
the Army on August 3, 1940, along the West side of theharbor, said 
harbor line runs parallel to the overall alignment of theGrant Park 
bulkhead between its North and South ends, saidintersection is 
approximately 800 feet South of the South face of theformer Naval Armory 
Dock, and 100 feet East of said Grant Parkbulkhead, that point being 
approximately on the harbor line; thenceEast, perpendicular to the 
overall alignment of the Grant Parkbulkhead, and perpendicular to said 
harbor line, 1,180 feet; thenceSoutheasterly 330 feet to a point 1,510 
feet East of said Grant Parkbulkhead and 225 feet South of an extension 
of the first describedline; thence South perpendicular to the first 
described line, 220feet; thence Southwesterly 2,375 feet along a line 
generally 100 feetNorthwesterly from and parallel to the Northwesterly 
face of thenarrow section of the U.S. Inner Breakwater; thence 
Northwesterly 100feet to a point 150 feet East of said Grant Park 
bulkhead (or 100 feetEast of the aforesaid harbor line), and 4,570 feet 
South of the Northline of the aforesaid Chicago Yacht Club bulkhead; and 
thence North2,350 feet of the point of beginning.

    Note: The Chicago Park District controls the location andtype of any 
moorings placed in the special anchorage areas in thissection.

[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 
latitude41[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 
linesouthwesterly to latitude 41[deg]28[min]20[sec] N., 
longitude82[deg]40[min]55[sec] W.; thence along the break wall to 
latitude41[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 andBird 
Island Pier opposite the foot of Porter Avenue, bounded asfollows: 
Beginning at Triangulation Marker ``N-5''on Bird Island Pier; thence 
southeasterly along

[[Page 454]]

the pier adistance of approximately 745 feet; thence 60[deg]52[min] 
true,approximately 300 feet to a point 50 feet westerly of the 
westerlylimit of Black Rock Channel; thence northwesterly along an arc 
of acircle parallel to and 50 feet westerly of the westerly limit of 
thechannel to a point approximately 360 feet southerly of Bird 
IslandPier Light No. 17; thence 276[deg]20[min] true, approximately 
135feet to Bird Island Pier; thence southwesterly and southerly along 
thepier 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 
SmallBoat Harbor commencing at a point on shore at 
latitude42[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 
theshoreline; 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 thesouth 
line of Swain Street extended with the east shoreline of theNiagara 
River at latitude 43[deg]14[min]33[sec] N, 
longitude79[deg]03[min]7.5[sec] W; thence westerly to a point at 
latitude43[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 
atlatitude 43[deg]14[min]15.5[sec] N, longitude79[deg]03[min]17[sec] W; 
thence northerly to a point at latitude43[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 pointat latitude 43[deg]14[min]51.4[sec] N. 
longitude73[deg]03[min]09[sec] W; thence easterly to a point at 
latitude43[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 latitude43[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 pointat latitude 43[deg]15[min]07[sec] N., 
longitude79[deg]03[min]13[sec] W.; thence northwesterly to a point 
atlatitude 43[deg]15[min]9.5[sec] N., longitude79[deg]03[min]13.5[sec] 
W.; thence southeasterly to a point atlatitude 43[deg]15[min]7.5[sec] 
N., longitude79[deg]03[min]08[sec] W.; thence southerly to the point 
ofbeginning.
    (c) Area 3. Beginning at a point at latitude43[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 pointat latitude 43[deg]15[min]11.8[sec] N., 
longitude79[deg]03[min]14[sec] W.; thence northerly to a point at 
latitude43[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 apoint at 
latitude 43[deg]15[min]25.5[sec] N., longitude79[deg]03[min]13[sec] W.; 
thence along the shoreline to the pointof beginning.

    Note: The Youngstown Harbor Commission controls thelocation, type, 
and assignment of moorings placed in the specialanchorage areas in this 
section.

[CGD 79-098, 45 FR 32674, May 19, 1980, as amended byCGD9-85-10, 50 FR 
43387, Oct. 25, 1985]



Sec. 110.86  Sodus Bay, NY.

    The water area in Sodus Bay, New York, south of Sand Point, 
twoseparate sections, enclosed by:
    (a) Eastern Section, 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 Section, 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 HendersonHarbor west 
of the Henderson Harbor Yacht Club bounded by a linebeginning at 
latitude 43[deg]51[min]08.8[sec] N, longitude76[deg]12[min]08.9[sec] W, 
thence to latitude43[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, 
longitude76[deg]12[min]19.0[sec] W,

[[Page 455]]

thence to latitude43[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 onNorth American Datum of 1983.
    (b) Area B. The area in the southern portion of HendersonHarbor 
north of Graham Creek Entrance Light bounded by a linebeginning at 
latitude 43[deg]51[min]21.8[sec] N, longitude76[deg]11[min]58.2[sec] W, 
thence to latitude43[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, 
longitude76[deg]12[min]06.2[sec] W, thence to 
latitude43[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 
onNorth American Datum of 1983.

    Note: Permission must be obtained from the Town of 
HendersonHarbormaster before any vessel is moored or anchored in this 
specialanchorage 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 ShelterIsland Yacht Basin 
Anchorage, the water area enclosed by a linebeginning at latitude 
32[deg]42[min]56.7[sec] N., longitude117[deg]13[min]47.1[sec] W.; thence 
southwesterly to latitude32[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 tolatitude 32[deg]43[min]02.6[sec] N., 
longitude117[deg]13[min]55.5[sec] W.; thence southeasterly to 
latitude32[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 ShelterIsland Roadstead 
Anchorage east of Shelter Island, the water area 55feet either side of a 
line beginning at latitude32[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'seastern shore, 210 
feet shoreward of a line beginning at latitude32[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'seastern shore, 210 
feet shoreward of a line beginning at latitude32[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'sCup Harbor 
Anchorage, the water area enclosed by a line beginning atlatitude 
32[deg]43[min]13.7[sec] N, longitude117[deg]13[min]23.8[sec] W; thence 
northeasterly to latitude32[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 latitude32[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 thepoint of beginning.
    (f) Area A-3. In North San Diego Bay, the LaurelStreet Roadstead 
Anchorage, the water area enclosed by a linebeginning at latitude 
32[deg]43[min]30.5[sec] N., longitude117[deg]10[min]28.5[sec] W.; thence 
southwesterly to latitude32[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 latitude32[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 to32[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 feetbayward of, the shoreline of San Diego Bay 
adjoining Harbor Drive tothe point of beginning.
    (g) Area A-4. In Central San Diego Bay, the BayBridge Roadstead 
Anchorage, the water area enclosed by a linebeginning at latitude 
32[deg]41[min]32.1[sec] N., longitude117[deg]09[min]43.1[sec] W.; thence 
southwesterly to latitude32[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 tolatitude 32[deg]41[min]14.9[sec] N., 
longitude117[deg]09[min]37.9[sec] W.; thence northeasterly to 
latitude32[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 GloriettaBay Anchorage, 
the water area enclosed by a line beginning at 
latitude32[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 tolatitude 32[deg]40[min]46.2[sec] N., 
longitude117[deg]10[min]15.6[sec] W.; thence northeasterly to 
latitude32[deg]40[min]46.7[sec] N., longitude 
117[deg]10[min]14.1[sec]W.; thence southeasterly to the point of 
beginning.

[[Page 456]]

    (i) Area A-6. In Fiddler's Cove, the waterenclosed 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 tolatitude 
32[deg]39[min]14.9[sec] N., longitude117[deg]08[min]51.8[sec] W.; thence 
northeasterly to latitude32[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 tolatitude 32[deg]39[min]24.4[sec] N., 
longitude117[deg]08[min]41.4[sec] W.; thence southeasterly to 
latitude32[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 theUnited 
States Navy, and it is reserved for active duty military, 
theirdependents, retirees, and DOD employees only.

    (j) Area A-8. In South San Diego Bay, the SweetwaterAnchorage, the 
water enclosed by a line beginning at latitude32[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 latitude32[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 thepoint of beginning.
    (k) Area A-9. In North San Diego Bay, the CruiserAnchorage, the 
water enclosed by a line beginning at latitude32[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.; thence southeasterly tolatitude 32[deg]43[min]28.9[sec] N., 
longitude117[deg]11[min]11.0[sec] W.; thence southeasterly to 
latitude32[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 thepoint of beginning. All coordinates in this section 
use Datum: NAD 83.

    Note: Mariners anchoring in these anchorages, excludingAnchorage A-
6, should consult applicable local ordinances ofthe San Diego Unified 
Port District. Temporary floats or buoys formarking anchors are allowed. 
Fixed moorings, piles or stakes areprohibited. All moorings shall be 
positioned so that no vessel, whenanchored, shall at any time extend 
beyond the limits of the area. SeeCaptain of the Port Notice 6-97, a 
copy of which can beobtained 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 areawest 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 NorthLight; latitude 
32[deg]46[min]48.0[sec] N., longitude117[deg]14[min]50.1[sec] W.

    Note: Control over the anchoring of vessels and placing oftemporary 
moorings in this area is exercised by the City of San DiegoPark and 
Recreation Department pursuant to local ordinances.

    (b) Area M-2. In Santa Barbara Cove, the entire waterarea 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 latitude32[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 placingof 
temporary moorings in this area is exercised by the City of SanDiego 
Park and Recreation Department pursuant to local ordinances.

    (c) Area M-3. In Mariners Basin, the entire waterarea 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., longitude117[deg]14[min]41.9[sec] W.

    Note: Control over the anchoring of vessels and the placingof 
temporary moorings in this area is exercised by the City of SanDiego 
Park and Recreation Department pursuant to local ordinances.

    (d) Area M-4. In Quivira Basin, the entire water areaenclosed by 
that portion of a circle of 45 yard radius from 
latitude32[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 placingof 
temporary moorings in this area is exercised by the City of SanDiego 
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 
atlatitude 33[deg]27[min]36.2[sec] N., longitude117[deg]42[min]20.4[sec] 
W.; thence 016[deg]20[min] True for 612feet to a point at latitude 
33[deg]27[min]42.1[sec] N., longitude117[deg]42[min]18.4[sec] W.; thence 
106[deg]20[min] True for 85feet to a point at latitude 
33[deg]27[min]41.8[sec] N., longitude117[deg]42[min]17.7[sec] W.; thence 
196[deg]20[min] True for 222feet to a

[[Page 457]]

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] Truefor 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 lineparallel to and 
195 feet from the pierhead line along the southwestshore of Lido Isle; 
north of the south U. S. Bulkhead line off LidoIsle extended; southwest 
of a line parallel to and 120 feet from thepierhead line along the 
southwest shore of Lido Isle; and southeast ofthe north side of Via 
Barcelona, on Lido Isle, extended.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (b) Area A-2. East of the east side of 15th Streetextended; north of 
a line parallel to and 250 feet from the pierheadline between 14th and 
15th Streets, this line being the north line ofNewport Channel, and 
extending east in a straight line to anintersection with a line bearing 
268[deg] from Lido Isle East Light2, this line being the northwest line 
of the main fairway; west of theeast side of 13th Street extended; and 
south of a line parallel to and220 feet from the pierhead line off the 
south shore of Lido Isle.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (c) Area A-3. A rectangular area, 40 feet wide and885 feet long, on 
the west side of Upper Bay Channel, 120 feet east ofand parallel to the 
west pierhead line, the south end being 50 feetnorth from U.S. Bulkhead 
Station 130.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto Orange 
County Harbor Ordinance No. 490 for recreational and smallcraft of such 
size and alignment as permitted by the harbor master.

    (d) Area A-4. South of a line bearing 268[deg] fromNewport Bay 
Channel Light 11, this line being the south line of themain fairway; 
north of a line parallel to and 200 feet from thepierhead line off 11th 
to 8th Streets; and west of a line bearing203[deg] from Newport Bay 
Channel Light 12, passing through thepierhead line at the east end of 
Lido Isle.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (e) Area A-5. (Newport Harbor Yacht Club). East of aline 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 AreaA-4; north of a line 
parallel to and 200 feet from the pierheadline off 7th and 8th Streets; 
northwest of a line parallel to and 200feet from the northwest pierhead 
line off Bay Island; and south of aline bearing 268[deg] from Newport 
Bay Channel Light 11, this linebeing the southerly line of the main 
fairway.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (f) Area A-6. Northwest of Harbor Island, beginningat a point on the 
Newport City line 107 feet from the angle pointnorthwest of Harbor 
Island; thence 36[deg]27[min], 55 feet; thence303[deg]18[min], 300 feet; 
thence 216[deg]27[min], 72 feet; thence165[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 smallcraft. 
Fore and aft moorings will be allowed in this area conformingto Orange 
County Harbor Ordinance No. 490 for recreational and smallcraft of such 
size and alignment as permitted by the harbor master.

    (g) Area A-7. East of a line parallel to and 150 feetfrom the east 
pierhead line

[[Page 458]]

off Bay Island; north of a lineparallel to and 150 feet from the 
pierhead line off Fernando Street;northwest of the east side of Adams 
Street extended; and southwest ofa line bearing 131[deg] from Newport 
Bay Channel Light 11, beingparallel to and 100 feet southwest of the 
southwest line of the mainchannel.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (h) Area A-8. Northeast of a line parallel to and 270feet from the 
southwest pierhead line from Collins Isle to BalboaIsland; north of a 
line bearing 311[deg] from Newport Bay ChannelLighted Buoy 10 and 
passing through Newport Bay Channel Light 12, thisline being the 
northeast line of the main channel; southwest of a lineparallel to and 
150 feet from the southwest pierhead line from CollinsIsle to Balboa 
Island; and southeast of a line bearing 238[deg] fromU.S. Station 160.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (i) Area A-9. In Balboa Island Channel, east of aline bearing due 
north from U.S. Station 151, being 25 feet west ofthe end of Emerald 
Avenue; north of a line parallel to and 75 feetfrom the north pierhead 
line off Balboa Island; west of the east sideof Amethyst Avenue 
extended; and south of a line parallel to and 150feet from the north 
pierhead line of Balboa Island.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (j) Area A-10. Southeast of a line bearing 209[deg]from Newport Bay 
Channel Lighted Buoy 10 and passing through the eastside of the end of 
``A'' Street; north of an irregularline parallel to and 150 feet from 
the north pierhead line off BalboaPeninsula from ``A'' to ``K'' Streets; 
southof the south line of the main channel; and south and southeast of 
anirregular line parallel to and 375 feet from the north pierhead 
lineoff Balboa Peninsula.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (k) Area A-11. Northeast of a line bearing108[deg]30[min] from 
Newport Bay Channel Lighted Buoy 10, this linebeing the northeast line 
of the main channel; north of a line parallelto and 350 feet from the 
south pierhead line off Balboa Island; westof the west bulkhead line of 
the Grand Canal extended; and south of aline parallel to and 150 feet 
from the south pierhead off BalboaIsland.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

    (l) Area A-12 (Balboa Yacht Club). South of aline parallel to and 
150 feet from the south pierhead line off BalboaIsland; west of the east 
end pierhead line off Balboa Island extendedand bearing 161[deg]; north 
of a line parallel to and 700 feet fromthe south pierhead line off 
Balboa Island; and east of a line parallelto and 1,000 feet from the 
east boundary, bearing 161[deg] from thepoint of intersection of the 
east bulkhead line of Grand Canal and thesouth bulkhead line off Balboa 
Island.

    Note: This area is reserved for recreational and other smallcraft. 
Single moorings will be allowed in this area conforming to theCity of 
Newport Beach Harbor Ordinance No. 543 for pleasure boats andyachts 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 fromthe pierhead line 
off the southeast end of Rhine Point; northeast ofthe southwest bulkhead 
line off Rhine Point extended; north of a lineparallel to and 250 feet 
from the pierhead line between

[[Page 459]]

15th and18th Streets, this line being the north line of Newport Channel; 
westof the west side of 15th Street extended; and south of a line 
parallelto and 220 feet from the pierhead off the south shore of Lido 
Isle.

    Note: This area is reserved for recreational and other smallcraft. 
Fore and aft moorings will be allowed in this area conformingto the City 
of Newport Beach Harbor Ordinance No. 543 for recreationaland small 
craft of such size and alignment as permitted by the harbormaster.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD11-85-02, 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 outerbasin of Fish 
Harbor on the east and west sides of Fish HarborEntrance Channel 
described as follows:
    (1) Part 1. Beginning at a point at the intersection ofwesterly 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 pointof beginning.
    (2) Part 2. Beginning at a point at the intersection of theeast side 
of Fish Harbor Entrance Channel and Fish Harbor mole (outerFish Harbor); 
thence northwesterly along channel line about 850 feetto the southerly 
side of the Fairway; thence northeasterly andeasterly along the 
southerly side of the Fairway, about 478 and 565feet respectively to its 
intersection with Fish Harbor mole; thencesoutherly and southwesterly 
along the mole to the point of beginning.
    (c) Area B-1. Long Beach outer harbor along east sideof 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 
latitude33[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 tolatitude 33[deg]44[min]15.3[sec] N., 
longitude118[deg]14[min]26.6[sec] W.; thence northeasterly to 
latitude33[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 IslandFreeman and 
Island Chaffee beginning at latitude33[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., longitude118[deg]09[min]32.6[sec] W.; thence 
north to latitude33[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 thebeginning point.
    (e) Area E-1. Long Beach outer harbor northwest ofIsland Freeman 
beginning at latitude 33[deg]44[min]55.0[sec] N.,longitude 
118[deg]09[min]40.0[sec] W.; thence southwesterly tolatitude 
33[deg]44[min]37.0[sec] N., longitude118[deg]09[min]48.5[sec] W.; thence 
northwesterly to latitude33[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., longitude118[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 byCGD11-04-005, 71 
FR 15036, Mar. 27, 2006]



Sec. 110.111  Marina del Rey Harbor, Calif.

    An area in the main channel within the following 
describedboundaries:
    Beginning at the most northeasterly corner at 
latitude33[deg]58[min]58[sec], longitude 118[deg]26[min]46[sec]; 
thencesoutherly to latitude 33[deg]58[min]53[sec], 
longitude118[deg]26[min]46[sec]; thence southeasterly to 
latitude33[deg]58[min]52[sec], longitude 118[deg]26[min]45[sec]; 
thencesoutherly to latitude 33[deg]58[min]39[sec], 
longitude118[deg]26[min]45[sec]; thence westerly to 
latitude33[deg]58[min]38[sec], longitude 118[deg]26[min]55[sec]; 
thencenortherly to latitude 33[deg]59[min]00[sec], 
longitude118[deg]26[min]55[sec]; thence easterly to the point of 
beginning.

    Note: This area is reserved for yachts and otherrecreational craft 
and for all types of small craft during storm,stress, or other 
emergency. Single and fore-and-aft moorings will beallowed in the area 
as permitted by the Director of the Department ofSmall Craft Harbors, 
Los Angeles County.



Sec. 110.115  Santa Barbara Harbor, Calif.

    North of the Santa Barbara breakwater; seaward of the line of 
meanhigh water; and southwest of a line bearing 46[deg]30[min] from 
thenorth corner of Bath Street and Cabrillo Boulevard to the

[[Page 460]]

end ofthe Santa Barbara breakwater; excluding a fairway 225 feet wide, 
100feet from each side of and parallel to the Navy pier.

    Note: Fore and aft moorings will be allowed in this areaconforming 
to the City of Santa Barbara Harbor Ordinance No. 2106 foryachts and 
small craft of such size and alignment as permitted by theharbor master.



Sec. 110.120  San Luis Obispo Bay, Calif.

    (a) Area A-1. Area A-1 is the water areabounded by the San Luis 
Obispo County wharf, the shoreline, a linedrawn from the southernmost 
point of Fossil Point to latitude35[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 Countywharf.
    (b) Area A-2. Area A-2 is the water areaenclosed by a line drawn 
from the outer end of Whaler Islandbreakwater at latitude 
35[deg]09[min]22[sec] N., longitude120[deg]44[min]56[sec] W., to the 
Marr[eacute] Chimney at latitude35[deg]10[min]56[sec] N., longitude 
120[deg]44[min]31[sec] W.

    Note: The Port San Luis Harbor District prescribes localregulations 
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 lineand the prolongation of the 
center line of Seventh Street; thence in agenerally southeasterly 
direction and parallel to the channel line fora distance of 450 yards; 
thence 166[deg] and parallel to therevetment for a distance of 1,025 
yards; thence 270[deg] for adistance of 200 yards; thence 346[deg] for a 
distance of about 1,425yards 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 150feet from the 
high water line on the most westerly part of FairbanksPoint; thence 
continuing on this bearing for a distance of 1,346 feet;thence 52[deg] 
for a distance of 450 feet and thence generallysoutheasterly parallel to 
and 150 feet from the mean high water lineto the point of beginning.

    Note: Moorings and boating activities will be allowed inthese areas 
conforming to applicable City of Morro Bay ordinances andregulations 
adopted pursuant thereto.



Sec. 110.126  Monterey Harbor, Calif.

    The waters of Monterey Harbor between the shoreline and thefollowing 
coordinates: Beginning at a point on the shoreline atlatitude 
36[deg]36[min]27.5[sec] N., longitude121[deg]53[min]35.0[sec] W.; thence 
to latitude36[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 
latitude36[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 latitude36[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 atSausalito, 
except for federally-maintained channels, and all channelsapproved for 
private use therein.

    Note: Mariners anchoring in the special anchorage areashould consult 
applicable ordinances of the Richardson Bay RegionalAgency and the 
County of Marin. These ordinances establishrequirements on matters 
including the anchoring of vessels, placementof moorings, and use of 
anchored and moored vessels within the specialanchorage area. 
Information on these local agency requirements may beobtained from the 
Richardson Bay Harbor Administrator.

[CGFR 69-109, 34 FR 17771, Nov. 4, 1969, as amended byCGD 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 enclosedby the 
shore and a line connecting the following points, excluding a100-foot-
wide fairway, extending westerly from the launching ramp, asestablished 
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 bythe 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching

[[Page 461]]

ramp, asestablished 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 Mohaveinclosed by 
the shore and a line connecting the following points,excluding a 50-
foot-wide fairway, extending easterly from thelaunching ramp, as 
established by the Superintendent, Lake MeadRecreation 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 Mohaveinclosed by the 
shore and a line connecting the following points,excluding a 200-foot-
wide fairway extending northeasterly from thelaunching ramp, as 
established by the Superintendent Lake MeadRecreation 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 shoreand lines connecting the following points, 
excluding two 300-foot-widefairways, extending northwesterly and 
southwesterly from the launchingramps, as established by the 
Superintendent, Lake Mead RecreationArea:

``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.
``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 theshore 
and lines connecting the following points, excluding a 100-foot-wide 
fairway, extending southwesterly from the launching ramp, asestablished 
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 inclosedby the 
shore and lines connecting the following points, excluding a200-foot-
wide fairway, extending southeasterly from the launchingramp, 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 inclosedby the 
shore and a line connecting the following points, excluding a200-foot-
wide fairway, extending easterly from the launching ramp, asestablished 
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 inclosedby the 
shore and lines connecting the following points, excluding a100-foot-
wide fairway, extending easterly from the launching ramp atBoulder Beach 
and a 600-foot-wide fairway, extending northeasterlyfrom the launching 
ramp at Hemenway Harbor, both as established by theSuperintendent, 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 inclosedby the 
shore and a line connecting the following points, excluding a100-foot-
wide fairway, extending westerly from the launching ramp, asestablished 
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 bythe shore 
and lines connecting the following points, excluding a 200-foot-wide 
fairway, extending southwesterly from the launching ramp, asestablished 
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 theshore and 
a line connecting the following points, excluding a 100-foot-wide 
fairway, extending northerly from the launching ramp, asestablished 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 inclosedby the 
shore and a line connecting the following points,

[[Page 462]]

excluding a 100-foot-wide fairway, extending easterly from thelaunching 
ramp, as established by the Superintendent, Lake MeadRecreation 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 bythe shore 
and a line connecting the following points, excluding one100-foot wide 
fairway, extending westerly from the launching ramp, asestablished 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. Theanchoring of vessels 
and the placing of temporary moorings will beunder 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 byCGFR 69-36, 34 FR 
6577, Apr. 17, 1969; CGD 79-045, 44 FR60091, Oct. 18, 1979]



Sec. 110.127a  Lake Powell, Utah-Arizona.

    (a) Castel Butte, Utah. That portion of Lake Powell inclosedby the 
shore and a line connecting the following points, excluding a300-foot-
wide fairway extending in an east-west directionperpendicular to the 
launching ramp, as established by theSuperintendent, 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 Powellinclosed by the 
shore and a line connecting the following points,excluding a 300-foot-
wide fairway, extending southeasterly from thelaunching ramp, as 
established by the Superintendent, Glen CanyonNational 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 Powellinclosed by the 
shore and a line connecting the following points,excluding a 300-foot-
wide fairway, extending northwesterly from thelaunching ramp, as 
established by the Superintendent, Glen CanyonNational 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 DanglingRope Canyon, 
Lake Powell, enclosed by the shoreline and a lineconnecting the 
following points, excluding a 200-foot-wide fairway,extending southerly 
from the marina, as established by theSuperintendent, 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 Powellinclosed by 
the shore and a line connecting the following points,excluding a 200-
foot-wide fairway, extending northeasterly from thenortherly launching 
ramp and a 300-foot-wide fairway, extendingeasterly from the southerly 
launching ramp, as established by theSuperintendent, 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. Theanchoring of vessels 
and the placing of temporary moorings will beunder the jurisdiction and 
at the discretion of the Superintendent,Glen Canyon National Recreation 
Area.

    (f) Hite, Utah. That portion of Lake Powell enclosed by theshore and 
by lines connecting the following two sets of points,excluding a 200-
foot-wide fairway extending westerly from thelaunching 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.
 


[[Page 463]]


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, asamended 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 GorgeLake 
inclosed by the shore and a line connecting the following 
points,excluding a 150-foot-wide fairway, extending southeasterly from 
thelaunching ramp, as established by the Superintendent, Flaming 
GorgeNational 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 Lakeinclosed by 
the shore and a line connecting the following points,excluding a 100-
foot-wide fairway, extending southeasterly from thelaunching ramp, as 
established by the Superintendent, Flaming GorgeNational 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 Lakeinclosed 
by the shore and a line connecting the following points,excluding a 150-
foot-wide fairway, extending southeasterly from thelaunching ramp to a 
point beyond the floating breakwater and thenwesterly, as established by 
the Superintendent, Flaming Gorge NationalRecreation 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 Lakeinclosed 
by the shore and a line connecting the following points,excluding a 300-
foot-wide fairway extending southeasterly from thelaunching ramp, as 
established by the Superintendent, Flaming GorgeNational 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. Theanchoring of vessels 
and the placing of temporary moorings will beunder 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 
ofTrinidad Head at latitude 41[deg]03[min]04[sec] N., 
longitude124[deg]08[min]56[sec] W.; thence east to Prisoner Rock at 
latitude41[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., 
longitude124[deg]08[min]19[sec] W., thence north to 
latitude41[deg]03[min]26[sec] N., longitude 124[deg]08[min]21[sec] 
W.;thence following the shoreline to Trinidad Bay in a westerly 
andsoutherly direction to the point of beginning.

    Note: The area will be principally for use by sport andcommercial 
fishing vessels. Temporary floats and buoys for anchoringwill be allowed 
in the area. Fixed moorings, piles or stakes areprohibited. All moorings 
shall be placed so that no vessel whenanchored or moored shall at any 
time extend beyond the limits of thearea. The anchoring of all vessels 
and placing of all moorings will beunder the supervision of the City of 
Trinidad or such other authorityas may be designated by the City Council 
of the City of Trinidad,California.

[CGD 76-105, 42 FR 37811, July 25, 1977, as amended byCGD12 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 andGovernment 
Island, bounded on the west by pile dike U.S. 5.75 and aline extending 
true north from the northerly end of the dike to thesouth shore of Sand 
Island and bounded on the east by a line bearing339[deg]15[min] true, 
from a point on Government Island at latitude45[deg]35[min]10[sec], 
longitude 122[deg]32[min]41[sec], to thesoutherly shore of Sand Island.



Sec. 110.128b  Island of Hawaii, Hawaii.

    (a) Hilo Bay. The waters of Hilo Bay enclosed by a linebeginning at 
19[deg]43[min]55.5[sec] N. latitude,155[deg]03[min]30[sec] W. longitude; 
thence to19[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 
to19[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 linebeginning 
at 19[deg]44[min]13[sec] N. latitude,155[deg]03[min]25[sec] W. 
longitude; thence to19[deg]44[min]15[sec] N. latitude,

[[Page 464]]

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 byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.128c  Island of Kauai, Hawaii.

    (a) Nawiliwili Bay. The waters of Nawiliwili Bay enclosed bya line 
beginning at 21[deg]57[min]12.5[sec] N. latitude,159[deg]21[min]38[sec] 
W. longitude; thence to21[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 byCGD 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 aline 
beginning at 21[deg]26[min]28[sec] N. latitude,157[deg]46[min]00[sec] W. 
longitude; thence to21[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 
to21[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 tothe beginning point.
    (b) Kaneohe Bay (2). The waters of Kaneohe Bay enclosed by aline 
beginning at 21[deg]27[min]28[sec] N. latitude,157[deg]49[min]08[sec] W. 
longitude; thence to21[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 
to21[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 aline 
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 Beachenclosed by a 
line beginning at 21[deg]15[min]49[sec] N. 
latitude,157[deg]49[min]31[sec] W. longitude; thence 
to21[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 
to21[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 PointLagoon 
enclosed by a line beginning at 21[deg]19[min]53[sec] N.latitude, 
157[deg]58[min]30[sec] W. longitude; thence to21[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 AFBMarina enclosed 
by a line beginning at 21[deg]19[min]13[sec] N.latitude, 
157[deg]57[min]40[sec] W. longitude; thence to21[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 to21[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 Marinaenclosed 
by a line beginning at 21[deg]19[min]11[sec] N. 
latitude,157[deg]57[min]10[sec] W. longitude; thence 
to21[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 
shorelineto the beginning point.
    (h) Aiea Bay. The waters of Aiea Bay enclosed by a linebeginning at 
21[deg]22[min]20[sec] N. latitude,157[deg]56[min]30[sec] W. longitude; 
thence to21[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 
to21[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 
tothe beginning point.

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended at43 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
 


[[Page 465]]


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'' isthat portion of 
Frenchman Bay, Bar Harbor, ME enclosed by a rhumb lineconnecting 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;
                                             returningto start.
------------------------------------------------------------------------

    (2) Anchorage ``B'' is that portion of Frenchman Bay,Bar Harbor, ME 
enclosed by a rhumb line connecting the followingpoints:

------------------------------------------------------------------------
                 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 tocopied
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;
                                             returningto start.
------------------------------------------------------------------------

    (b) Regulations. (1) Anchorage A is a general anchorageground 
reserved for passenger vessels, small commercial vessels andpleasure 
craft. Anchorage B is a general anchorage ground reservedprimarily for 
passenger vessels 200 feet and greater.
    (2) These anchorage grounds are authorized for use year round.
    (3) Temporary floats or buoys for marking anchors will be allowedin 
all anchorage areas.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Any vessels anchored in this area shall be capable of movingand 
when ordered to move by the Captain of the Port shall do so 
withreasonable promptness.
    (6) The anchoring of vessels is under the coordination of thelocal 
Harbormaster.

[CGD-01-02-027, 67 FR 68518, Nov. 12,2002]



Sec. 110.131  Sheepscot River in the vicinity of Edgecomb, Maine.

    (a) Anchorage grounds. All of the waters enclosed by a linestarting 
from a point located at the southwestern end of Davis Islandat latitude 
43[deg]59.655[min] N., longitude 69[deg]39.617[min]W.; thence to 
latitude 43[deg]59.687[min] N., longitude69[deg]39.691[min] W.; thence 
to latitude 43[deg]59.847[min] N.,longitude 69[deg]39.743[min] W.; 
thence to latitude43[deg]59.879[min] N., longitude 69[deg]39.559[min] 
W.; thence tolatitude 43[deg]59.856[min] N., longitude 
69[deg]39.488[min] W.;thence to latitude 43[deg]59.771[min] N., 
longitude69[deg]39.585[min] W.; thence to the point of beginning. DATUM: 
NAD83
    (b) Regulations. (1) This anchorage is reserved for vesselsof all 
types, with drafts of 3 to 12 feet.
    (2) These anchorage grounds are authorized for use from Maythrough 
October.
    (3) Vessels are limited to a maximum stay of 1 week.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Vessels must not anchor so as to obstruct the passage of 
othervessels proceeding to or from other anchorage spaces.
    (6) Anchors must not be placed in the channel and no portion ofthe 
hull or rigging of any anchored vessel shall extend outside thelimits of 
the anchorage area.
    (7) The anchorage of vessels is under the coordination of thelocal 
Harbormaster.

[CGD01-07-011, 72 FR 70514, Dec. 12, 2007]



Sec. 110.132  Rockland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A.Beginning at a point 
bearing 158[deg], 1,075 yards, from RocklandBreakwater Light; thence 
252[deg], 2,020 yards, to a point bearing224[deg] from Rockland 
Breakwater Light; thence 345[deg], 740 yards,to a point bearing 242[deg] 
from Rockland Breakwater Light; thence72[deg], 1,300 yards, to a point 
bearing 222[deg] from RocklandBreakwater Light; and thence 120[deg], 
1,000 yards, to the point ofbeginning.
    (2) Anchorage B. Beginning at a point bearing 273[deg], 400yards, 
from Rockland Breakwater Light; thence 273[deg], 700 yards, toa point 
bearing 273[deg] from Rockland Breakwater Light; thence349[deg], 850 
yards, to a point bearing 305[deg] from RocklandBreakwater Light; thence 
89[deg], 700 yards, to a point bearing328[deg] from Rockland Breakwater 
Light; and thence 169[deg], 900yards, to the point of beginning.
    (b) The regulations. (1) Anchorages A and B are generalanchorage 
grounds

[[Page 466]]

reserved for merchant vessels, commercialvessels 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 
betweenAnchorages A and B for vessels entering or departing from the 
Port ofRockland. A distance of approximately 100 yards shall be left 
betweenAnchorage A and the Special Anchorage Area for vessels entering 
ordeparting facilities in the vicinity of Atlantic Point. Any 
vesselanchored in these anchorages shall be capable of moving and 
whenordered to move by the Captain of the Port shall do so with 
reasonablepromptness.
    (3) All other vessels within the Rockland Harbor area areprohibited 
from anchoring within 300 yards or operating within 100feet 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 thePort, Rockland, 
Maine, or his authorized representative.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignatedby 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 withinthe 
following limits:
    (1) Northward of a line bearing 54[deg] true and extending from 
apoint on Passmore's wharf in prolongation with the north side 
ofCommerce 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 IronWorks 
wharf to Sassanoa Point in Woolwich.
    (b) The regulations. (1) Vessels in the north anchorageshall be so 
anchored as to leave a clear fairway of 150 feetchannelward of the 
established harbor lines at Bath, and a clearfairway 200 feet from the 
east or Woolwich shore, for the passage ofsteamers, tows, rafts, and 
other watercraft.
    (2) The launching of vessels into the waters between theanchorages 
or the bringing up of such vessels by their anchors will bepermitted: 
Provided, That the vessels so launched shall beremoved therefrom within 
12 hours from the time of anchorage.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignatedby 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 
Buoy 4; thence 350[deg]for 300 yards; thence 025[deg] for 780 yards; 
thence 303[deg] for750 yards; thence 254[deg] for 560 yards; thence 
186[deg] for 750yards and thence to the point of beginning.
    (2) Anchorage B (general--primarily intended for deepdraft vessels). 
Beginning at Fort Gorges Island Ledge Buoy 4;thence 062[deg] to Little 
Diamond Island; thence along thesouthwestern shore to the pier on the 
southern end of Little DiamondIsland; 133[deg] for 1200 yards; 270[deg] 
to House Island Light;thence along the western shore of House Island to 
Fort Scammel PointLight; 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 toPeak Island; 
on the east by the western shore of Peak Island, by aline running 
198[deg] from the westernmost point on Peak Island toCushing Island, and 
by the shore of Cushing Island to its westernmostpoint; and on the 
southwest by a line running from the westernmostpoint on Cushing Island 
to Fort Scammel Point Light.
    (b) The regulations. (1) Anchorage B is intended for 
generalpurposes, but especially for use by oil tankers and other large 
deep-draft ships entering harbor at night and intending to proceed to 
thedock allotted at daylight the following morning or as soon 
aspracticable. This area is also to be used for quarantine 
anchorage.Vessels must be so anchored in this area as to leave at all 
times anopen usable channel at least 100 feet wide for passage of ferry 
andother boats between Portland, Peak Island, and Bay Points. Any 
vesselsanchored in this area shall be

[[Page 467]]

ready to move on short notice whenordered to do so by the Captain of the 
Port.
    (2) Anchorage C is intended for use only by small vessels and 
fortemporary anchorage.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 83-1R, 48 FR 
56578, Dec. 22, 1983. Redesignated byCGD-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 
lineconnecting 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 thisanchorage 
and no vessel may remain at anchor longer than 7 days in anyperiod 
unless specifically permitted to do so by the City ofBurlington, 
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 IslandAnchorage. Beginning at a 
point bearing 93[deg], 1,400 yards, fromthe aerial beacon on top of the 
Boston Custom House tower; thence to apoint bearing 81[deg], 1,600 
yards, from the aerial beacon on top ofthe Boston Custom House tower; 
thence to a point bearing 102[deg],3,100 yards, from the aerial beacon 
on top of the Boston Custom Housetower; thence to a point bearing 
109[deg], 3,050 yards, from theaerial beacon on top of the Boston Custom 
House tower; and thence tothe point of beginning.
    (2) President Roads Anchorage--(i) 40-footanchorage. Beginning at a 
point bearing 237[deg], 522 yards fromDeer Island Light; thence to a 
point bearing 254[deg], 2,280 yardsfrom Deer Island Light; thence to a 
point bearing 261[deg], 2,290yards from Deer Island Light; thence to a 
point bearing 278[deg],2,438 yards from Deer Island Light; thence to a 
point bearing319[deg], 933 yards from Deer Island Light; thence to a 
point bearing319[deg], 666 yards from Deer Island Light; and thence to 
point ofbeginning.
    (ii) 35-foot anchorage. Beginning at a point bearing256[deg], 2,603 
yards from Deer Island Light; thence to a pointbearing 258[deg]30[min], 
3,315 yards from Deer Island Light; thenceto a point bearing 264[deg], 
3,967 yards from Deer Island Light;thence to a point bearing 261[deg], 
2,290 yards from Deer IslandLight; and thence to point of beginning.
    (3) Long Island Anchorage. East of Long Island, bounded asfollows: 
Beginning at the southwesternmost point of Gallups Island;thence 
270[deg] to Long Island; thence southerly along the easternshore line of 
Long Island to Bass Point; thence to the northernmostpoint of Rainsford 
Island; thence to Georges Island Gong Buoy 6; andthence to the point of 
beginning.
    (4) Castle Island Anchorage. Bounded on the north by CastleIsland 
and adjacent land; on the east by a line between Castle RocksFog Signal 
Light and Old Harbor Shoal Buoy 2; on the southeast by aline between Old 
Harbor Shoal Buoy 2 and Old Harbor Buoy 4; and on thewest by a line 
running due north from Old Harbor Buoy 4 to the shoreline at City Point.
    (5) Explosives anchorage. In the lower harbor, bounded onthe 
northeast by a line between the northeast end of Peddocks Islandand the 
northeast end of Rainsford Island; on the northwest byRainsford Island; 
on the southwest by a line between the westernextremity of Rainsford 
Island and the westernmost point of PeddocksIsland; and on the southeast 
by Peddocks Island.
    (b) The regulations. (1) The Captain of the Port mayauthorize the 
use of the President Roads Anchorage as an explosivesanchorage when he 
finds that the interests of commerce will bepromoted and that safety 
will not be prejudiced thereby. Vesselsanchored in this area shall move 
promptly upon notification by theCaptain of the Port.
    (2) In the Long Island Anchorage vessels shall anchor in theposition 
designated by the Captain of the Port.

[[Page 468]]

    (3) Floats or buoys for marking anchors or moorings in placewill be 
allowed in all areas. Fixed mooring piles or stakes areprohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignatedby 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; thence154[deg] along a line 
which passes 100 yards east of New BedfordChannel Buoys 8, 6, and 4, to 
a point bearing approximately 130[deg],225 yards, from New Bedford 
Channel Buoy 4; thence 87[deg], 340yards; thence 156[deg] along a line 
approximately one mile to itsintersection with a line ranging 87[deg] 
from the cupola on ClarksPoint; thence 87[deg] to Sconticut Neck.
    (2) Anchorage B. Southeast of a line ranging 222[deg] fromthe 
southwest corner of Fort Phoenix to the New Bedford shore; west ofa line 
ranging 154[deg] from Palmer Island Light to Butler FlatsLight; and 
north of a line bearing 267[deg] from Butler Flats Lightto the shore.
    (b) Buzzards Bay near entrance to approach channel to Cape 
CodCanal--(1) Anchorage C. West of a line parallel to and850 feet 
westward from the centerline of Cleveland Ledge Channel;north of a line 
bearing 129[deg] from the tower on Bird Island; eastof a line bearing 
25[deg]30[min] and passing through Bird IslandReef Bell Buoy 13; and 
south of a line bearing 270[deg] from WingsNeck Light. Each vessel must 
obtain permission to proceed to AnchorageC from the U.S. Army Corps of 
Engineers Cape Cod Canal Control trafficcontroller.
    (2) Anchorage D. Beginning at a point bearing 185[deg],1,200 yards, 
from Hog Island Channel 4 Light; thence 129[deg] to apoint bearing 
209[deg], approximately 733 yards, from Wings NeckLight; thence 209[deg] 
to Southwest Ledge Buoy 10; thence 199[deg]along a line to its 
intersection with a line bearing 129[deg] fromthe tower on Bird Island; 
thence 309[deg] to a point 850 feeteasterly, right angle distance, from 
the centerline of Cleveland LedgeChannel; thence northeasterly along a 
line parallel to and 850 feeteastward from the centerline of Cleveland 
Ledge Channel to itsintersection with a line bearing 218[deg] 30[min] 
from the point ofbeginning; thence 38[deg]30[min] to the point of 
beginning. Eachvessel 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 linesconnecting 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 lineconnecting 
the following points:41-35-35N/70-44-47W to41-36-24N/70-45-53W to41-35-
00N/70-47-53W to41-34-12N/70-46-47W and thence to thebeginning
    (5) Each vessel that anchors in these anchorages must notify theU.S. 
Army Corps of Engineers Cape Cod Canal Control traffic controllerwhen 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. 
ArmyCorps of Engineers Cape Cod Canal Control traffic controller when 
itweighs anchor.
    (7) No vessel may anchor unless it maintains a bridge watch,guards 
and answers Channel 16 FM, and maintains an accurate positionplot.
    (8) No vessel may anchor unless it maintains the capability to 
getunderway within 30 minutes; except with prior approval of the 
CoastGuard Captain of the Port Southeastern New England.
    (9) No vessel may anchor in a ``dead ship'' status(propulsion or 
control unavailable for normal operations) without theprior approval of 
the Coast Guard Captain of the Port Southeastern NewEngland.
    (10) No vessel may conduct lightering operations within 
theseanchorages.
    (c) Vineyard and Nantucket Sounds--(1) AnchorageE. South of a line 
beginning at a point bearing 180[deg] about3.25 miles from Cuttyhunk 
Light; thence 65[deg] to a point bearing180[deg], 0.625 mile from 
Nashawena Lighted Whistle Buoy; thence57[deg]30[min] passing 600 yards 
northerly of Middle Ground LightedBell Buoy 25A, to a point bearing 
145[deg], 1.25

[[Page 469]]

miles fromNobska Point Light; southwest of a line ranging 113[deg] 
through WestChop Buoy 25 to East Chop Flats Bell Buoy 23; and west of a 
linebearing 163[deg] between East Chop Flats Bell Buoy 23 and Lone 
RockBuoy 1; and northerly of a line bearing 269[deg] between Lone 
RockBuoy 1 and a point on the mainland at Oak Bluffs about 0.30 
milesoutherly of Oak Bluffs Wharf.
    (2) Anchorage F. Southeast of the Elizabeth Islands, northof a line 
ranging 97[deg]30[min] from Cuttyhunk Light towardNashawena 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 pointto a point opposite the 
entrance to Woods Hole; and southwest of aline from the shore of 
Nonamesset Island bearing 114[deg] and rangingthrough West Chop Light 
and East Chop Light.
    (3) Anchorage G. South of a line beginning at a point on themainland 
at Oak Bluffs about 0.30 mile southerly of Oak Bluffs Wharfbearing 
89[deg] to Lone Rock Buoy 1; thence 113[deg] from Lone RockBuoy 1 to 
Outer Flats Bell Buoy 17; thence 86[deg] to Cross RipLightship; thence 
118[deg]30[min] to Tuckernuck Shoal Bell Buoy 7;thence ranging 149[deg] 
toward Brant Point Light to the breakwater atBrant Point.
    (4) Anchorage H. In the vicinity of Squash Meadow shoal,east of a 
line ranging 163[deg] through Squash Meadow West End Buoy21; north of 
lines parallel to and 0.5 mile northerly from linesjoining Lone Rock 
Buoy 1, Outer Flats Bell Buoy 17, and Cross RipLightship; and south of a 
line ranging 97[deg] from East Chop Lighttoward Cross Rip Lightship.
    (5) Anchorage I. Northerly of a line ranging 109[deg] fromNobska 
Point Light toward Hedge Fence Lighted Horn and Gong Buoy 16,and of a 
line ranging 97[deg]30[min] through Hedge Fence East EndBuoy to Halfmoon 
Shoal Lighted Bell Buoy 12, thence 73[deg] toHandkerchief Shoal Buoy 16, 
and thence to the westernmost point ofMonomoy Island.
    (6) Anchorage J. East of a line bearing 329[deg], parallelto and 
0.875 mile northeasterly of a line running from Brant PointLight through 
Tuckernuck Shoal Bell Buoy 7, from Coatue Beach to apoint 1.25 miles 
southeasterly from a line between Halfmoon ShoalLighted Bell Buoy 12 and 
Handkerchief Shoal Buoy 16; thence 73[deg],parallel to and 1.25 miles 
southeasterly from a line running fromHalfmoon Shoal Lighted Bell Buoy 
12 through Handkerchief Shoal Buoy16, to a point bearing 215[deg] from 
Stone Horse North End LightedBell Buoy 9; thence 35[deg] to Stone Horse 
North End Lighted BellBuoy 9; thence 70[deg] to a point bearing 207[deg] 
from Pollock RipLightship; and thence 27[deg] through, and to a point 
5.0 milesnortheasterly from, Pollock Rip Lightship.
    (7) Anchorage K. North of a line tangent to thesoutheasterly edge of 
Monomoy Point and extending to Bearse ShoalNorth End Buoy 2A and west of 
a line bearing 7[deg] from Bearse ShoalNorth End Buoy 2A to Chatham Bar 
Buoy 2.
    (d) The regulations. (1) Floats or buoys for marking anchorsor 
moorings in place will be allowed in all areas. Fixed mooring pilesor 
stakes are prohibited.
    (2) Except in cases of great emergency, no vessels shall beanchored 
in New Bedford Outer Harbor, Buzzards Bay near the entranceto the 
approach channel to Cape Cod Canal, or Vineyard and NantucketSounds, 
outside of the anchorage areas defined in paragraphs (a) to(c) of this 
section.
    (3) Anchors must not be placed outside the anchorage areas, norshall 
any vessel be so anchored that any portion of the hull orrigging will at 
any time extend outside the boundaries of theanchorage area.
    (4) Any vessel anchoring under the circumstances of greatemergency 
outside any anchorage area must be placed near the edge ofthe channel 
and in such position as not to interfere with the freenavigation of the 
channel, nor obstruct the approach to any pier norimpede the movement of 
any boat, and shall move away immediately afterthe emergency ceases or 
upon notification by an officer of the CoastGuard.
    (5) A vessel upon being notified to move into the anchorage limitsor 
to shift its position in anchorage grounds must get under way atonce or 
signal for a tug, and must change position as directed withreasonable 
promptness.
    (6) Whenever the maritime or commercial interests of the 
UnitedStates so require, any officer of the Coast

[[Page 470]]

Guard is herebyempowered to shift the position of any vessel anchored 
within theanchorage areas, of any vessel anchored outside the anchorage 
areas,and of any vessel which is so moored or anchored as to impede 
orobstruct vessel movements in any channel.
    (7) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from the penalties of the lawfor 
obstructing navigation or for obstructing or interfering withrange 
lights, or for not complying with the navigation laws in regardto 
lights, fog signals, or for otherwise violating the law.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD1 90-125, 56 FR 
22644, May 16, 1991; 56 FR 40360, Aug. 14,1991; CGD01-04-004, 70 FR 
2355, Jan. 13, 2005;USCG-2006-25556, 72 FR 36327, July 2, 2007]



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], longitude70[deg]05[min]14.5[sec]; thence 
southerly to latitude41[deg]17[min]03[sec], longitude 
70[deg]05[min]14.5[sec]; thencesouthwesterly to latitude 
41[deg]16[min]54[sec], longitude70[deg]05[min]23[sec]; thence 
northwesterly to latitude41[deg]16[min]55[sec], longitude 
70[deg]05[min]31[sec]; thencenortheasterly to latitude 
41[deg]17[min]07.5[sec], longitude70[deg]05[min]27[sec]; thence 
northeasterly to the point ofbeginning.
    (b) The regulations. The anchorage is for the use ofcommercial and 
pleasure craft. Temporary floats or buoys for markinganchors or moorings 
in place will be allowed. Fixed mooring piles orstakes are prohibited. 
The anchoring of vessels including the placingof anchors and moorings is 
subject to the supervision and approval ofthe local harbor master.



Sec. 110.145  Narragansett Bay, R.I.

    (a) East Passage--(1) Anchorage A. East ofConanicut Island, 
beginning at the easterly extremity of theDumplings; extending 9[deg] to 
a point at latitude41[deg]29[min]28[sec], longitude 
71[deg]21[min]05.5[sec]; thence356[deg] for 5,350 feet; thence 24[deg] 
for 5,700 feet; thence12[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 tothe easterly side of Conanicut Island; thence generally along 
theeasterly side of the island to a point on the easterly side of 
theisland due west of the Dumplings; and thence due east to the point 
ofbeginning; excluding the approach of the Jamestown Ferry, a zone 
900feet wide to the southward of a line ranging 103[deg] from a 
point,300 feet north of the existing ferry landing toward the spire 
ofTrinity Church, Newport.
    (i) That portion of the area to the northward of the approach ofthe 
Jamestown Ferry shall be restricted for the anchorage of vesselsof the 
U.S. Navy. In that portion of the area to the southward of theapproach 
of the Jamestown Ferry, the requirements of the Navy shallpredominate.
    (ii) Temporary floats or buoys for marking anchors or moorings 
inplace shall be allowed in this area. Fixed mooring piles or stakeswill 
not be allowed.
    (2) Anchorage B. Off the west shore of Aquidneck Island tonorth of 
Coggeshall Point, northerly of a line ranging 075[deg] froma point on 
the easterly end of Gould Island, latitude41[deg]32[min]13[sec], 
longitude 71[deg]20[min]40.5[sec], towardthe shore of Aquidneck Island; 
east of a line ranging 019[deg] fromthe easternmost of the Dumplings to 
latitude 41[deg]36[min]16[sec],longitude 71[deg]17[min]48[sec]; thence 
northeast to latitude41[deg]36[min]53[sec], longitude 
71[deg]17[min]07.5[sec]; thenceeast to latitude 41[deg]36[min]53[sec], 
longitude71[deg]16[min]40[sec]; thence southwesterly to 
latitude41[deg]35[min]54[sec], longitude 71[deg]17[min]17.5[sec]; 
thencesoutheasterly to the shore at the easterly end of the north 
boundaryof the cable area in the vicinity of Coggeshall Point; excluding 
thecable area in the vicinity of Coggeshall Point.
    (i) Anchorage B-1. Off the southerly end of PrudenceIsland 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 shallpredominate.
    (b) Temporary floats or buoys for marking anchors ormoorings in 
place will be allowed in this area. Fixed mooring piles orstakes will 
not be allowed.
    (ii) Anchorage X-1, Naval explosives and ammunitionhandling 
anchorage.

[[Page 471]]

The waters of Narragansett Baynortheasterly of Gould Island within a 
circle having a radius of 500yards with its center at latitude 
41[deg]33[min]18[sec], longitude71[deg]20[min]03[sec].
    (a) This area will be used for anchoring naval vesselscarrying or 
transferring ammunition or explosives under standardmilitary 
restrictions as established by the Safety Manual, ArmedServices 
Explosive Board. Explosives or dangerous materials includeinflammable 
liquid or inflammable solids, oxidizing materials,corrosive liquids, 
compressed gases and poisonous substances.
    (b) No vessel shall anchor within 500 yards of the 
explosiveanchorage area when occupied by vessels carrying explosives.
    (c) No more than 2,000 tons Net High Explosives limit willbe handled 
in the anchorage area.
    (d) No vessel shall be so anchored in the anchorage that itwill at 
any time extend beyond the limits of the area.
    (e) Naval vessels anchoring in the area will display theproper 
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 bearing351[deg] 
from Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoynortheast of 
Gull Rocks; south of a line bearing 292[deg] from thecupola at the Naval 
War College; east of a line ranging 19[deg] fromthe easternmost of The 
Dumplings toward Dyer Island North Point ShoalLighted Bell Buoy 12A; and 
north of latitude 41[deg]30[min]22[sec]which parallel passes through a 
point 230 yards north of Rose IslandShoal 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 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (4) Anchorage D. West of Goat Island, south of a linebearing 
247[deg] from Newport Harbor Light; east of a line 
bearing176[deg]30[min] from the northwesterly end of Rose Island; north 
ofa line bearing 117[deg] from the northerly end of the ferry slip 
atJamestown to longitude 71[deg]20[min] and west of a line runningnorth 
and south along longitude 71[deg]20[min].
    (i) In this area the requirements of the Navy shall predominatefrom 
May 1 to October 1, subject at all times to such adjustments asmay be 
necessary to accommodate all classes of vessels which mayrequire 
anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (5) Anchorage E. South of Coasters Harbor Island, east of aline 
bearing 341[deg] from the outer end of Briggs Wharf to thesouthwestern 
shore of Coasters Harbor Island near the War CollegeBuilding; and north 
of a line ranging 265[deg] from the flagstaff atFort Greene toward Rose 
Island Light.
    (i) In this area the requirements of the naval service 
willpredominate from May 1 to October 1, but will at all times be 
subjectto such adjustment as may be necessary to accommodate all classes 
ofvessels that may require anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (b) West Passage--(1) Anchorage H. North of aline 1,000 yards long 
bearing 88[deg] from Bonnet Point; west of aline 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 southof the Kearny wharf toward the 
church spire at South Ferry, BostonNeck.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (2) Anchorage I. North of a line 1,000 yards long bearing88[deg] 
from Bonnet Point to the shore at Austin Hollow; east of aline bearing 
183[deg] from Dutch Island Light; and south of a lineranging 302[deg] 
through a point 200 yards south of the Kearny wharftoward the church 
spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed

[[Page 472]]

mooring piles or stakeswill not be allowed.
    (3) Anchorage J. At Saunderstown, south of a line ranging110[deg] 
from the south side of the ferry wharf toward the cablecrossing sign on 
Dutch Island; west of a line ranging 192[deg] fromPlum Beach Shoal Buoy 
1 PB toward the east shore of The Bonnet; andnorth of a line from the 
shore ranging 108[deg] toward Dutch IslandLight and the north end of the 
wharf at Beaver Head.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (4) Anchorage K. In the central and southern portion ofDutch Island 
Harbor, north of a line ranging 106[deg] from BeaverHead Point Shoal 
Buoy 2 toward the Jamestown standpipe; east of a lineranging 14[deg] 
from Beaver Head Point Shoal Buoy 2 toward theinshore end of the 
engineer wharf, Dutch Island; southeast of a lineranging 50[deg] from 
Dutch Island Light toward the windmill north ofJamestown; and south of a 
line parallel to and 100 yards southwesterlyfrom 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 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (5) Anchorage L. North of a line ranging 101[deg] from apoint on 
shore 300 yards northerly of the Saunderstown ferry wharftoward the 
entrance to Round Swamp, Conanicut Island; west of a linebearing 15[deg] 
parallel to and 1,000 feet westerly from a linejoining the western point 
of Dutch Island and Twenty-three Foot RockBuoy 4, and a line ranging 
6[deg] from Dutch Island Light towardWarwick Light; and south of a line 
ranging 290[deg] from Sand Point,Conanicut Island, to Wickford Harbor 
Light, and a line bearing226[deg] from Wickford Harbor Light to Poplar 
Point tower.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (6) Anchorage M. East and north of Dutch Island, northeastof a line 
ranging 316[deg] from the inshore end of the west ferrywharf, Jamestown, 
toward the north end of Dutch Island to a pointbearing 88[deg], 200 
yards, from the engineer wharf, Dutch Island,thence ranging 3[deg] 
toward the shore of Conanicut Island at SlocumLedge; north of a line 200 
yards off the Dutch Island shore ranging281[deg] from the entrance to 
Round Swamp toward a point on shore 300yards northerly from the 
Saunderstown ferry wharf; east of a lineranging 15[deg] from the western 
point of Dutch Island to Twenty-three Foot Rock Buoy 4; and south of a 
line bearing 77[deg] fromTwenty-three Foot Rock Buoy 4 to the shore.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot 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 ofa line 
bearing 8[deg] from Twenty-three Foot Rock Buoy 4; and northof a line 
ranging 290[deg] from Sand Point toward Wickford HarborLight.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (c) Bristol Harbor--(1) Anchorage O. South ofthe south line of 
Franklin Street extended westerly; west of a linebearing 164[deg]30[min] 
parallel to and 400 feet westerly from theState harbor line between 
Franklin and Constitution Streets, and of aline ranging 244[deg] from a 
point on the north line of ConstitutionStreet extended 400 feet beyond 
the State harbor line toward UsherRock Buoy 3; and north of the north 
line of Union Street extended tothe Popasquash Neck shore.
    (i) Temporary floats or buoys for marking anchors or moorings 
inplace will be allowed in this area. Fixed mooring piles or stakes 
willnot be allowed.
    (d) The regulations. (1) Except in cases of great emergency,no 
vessel shall be anchored in the entrances to Narragansett Bay, inNewport 
Harbor, or in

[[Page 473]]

Bristol Harbor, outside of the anchorageareas defined in paragraphs (a), 
(b) and (c) of this section.
    (2) Anchors must not be placed outside the anchorage areas, norshall 
any vessel be so anchored that any portion of the hull orrigging shall 
at any time extend outside the boundaries of theanchorage area.
    (3) Any vessel anchoring under the circumstances of greatemergency 
outside the anchorage areas must be placed near the edge ofthe channel 
and in such position as not to interfere with the freenavigation of the 
channel, nor obstruct the approach to any pier, norimpede the movement 
of any boat, and shall move away immediately afterthe emergency ceases, 
or upon notification by an officer of the CoastGuard.
    (4) A vessel upon being notified to move into the anchorage limitsor 
to shift its position on anchorage grounds must get under way atonce or 
signal for a tug, and must change position as directed withreasonable 
promptness.
    (5) Whenever the maritime or commercial interests of the 
UnitedStates so require, any officer of the Coast Guard is hereby 
empoweredto shift the position of any vessel anchored within the 
anchorageareas, of any vessel anchored outside the anchorage areas, and 
of anyvessel which is so moored or anchored as to impede or obstruct 
vesselmovements in any channel.
    (6) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from the penalties of the lawfor 
obstructing navigation or for obstructing or interfering withrange 
lights, or for not complying with the navigation laws in regardto 
lights, fog signals, or for otherwise violating the law.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]


    Editorial Note: For Federal Register citationsaffecting Sec. 
110.145, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 110.147  New London Harbor, Conn.

    (a) The anchorage grounds--(1) Anchorage A. Inthe Thames River east 
of Shaw Cove, bounded by lines connecting pointswhich are the following 
bearings and distances from Monument, Groton(latitude 
41[deg]21[min]18[sec] N., longitude72[deg]04[min]48[sec] W.): 243[deg], 
1,400 yards; 246[deg], 925yards; 217[deg], 1,380 yards; and 235[deg], 
1,450 yards.
    (2) Anchorage B. In the Thames River southward of NewLondon, bounded 
by lines connecting points which are the followingbearings and distances 
from New London Harbor Light (latitude41[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], 1,175yards; and 008[deg], 1,075 yards.
    (3) Anchorage C. In the Thames River southward of New LondonHarbor, 
bounded by lines connecting a point bearing 100[deg], 450yards from New 
London Harbor Light, a point bearing 270[deg], 575yards from New London 
Ledge Light (latitude 41[deg]18[min]21[sec]N., longitude 
72[deg]04[min]41[sec] W.), and a point bearing270[deg], 1,450 yards from 
New London Ledge Light.
    (4) Anchorage D. In Long Island Sound approximately twomiles west-
southwest of New London Ledge Light, bounded by linesconnecting points 
which are the following bearings and distances fromNew 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 LondonHarbor one 
mile southeast of New London Ledge Light beginning atlatitude 
41[deg]17[min]26[sec] N., longitude72[deg]04[min]21[sec] W.; thence 
northeasterly to latitude41[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 tolatitude 41[deg]16[min]38[sec] N. 
longitude72[deg]03[min]43[sec] W.; and thence northwesterly to the point 
ofbeginning.
    (6) Anchorage F. The waters off the mouth of New LondonHarbor two 
miles southeast of New London Ledge Light beginning atlatitude 
41[deg]16[min]00[sec] N., longitude72[deg]03[min]13[sec] W.; thence 
westerly to latitude41[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., longitude72[deg]03[min]38[sec] W.; thence 
easterly to latitude41[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 andsmall vessels 
drawing less than 12 feet.
    (2) Anchorage F is reserved for the use of naval vessels and,except 
in

[[Page 474]]

cases of emergency, no other vessel may anchor inAnchorage F without 
permission from the Captain of the Port, NewLondon, CT.
    (3) Except in emergencies, vessels shall not anchor in New 
LondonHarbor or the approaches thereto outside the anchorages defined 
inparagraph (a) of this section unless authorized to do so by theCaptain 
of the Port.


[CGD3-80-4A, 46 FR 48193, Oct. 1, 1981, asamended 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 apoint 
``A'' latitude 41[deg]10[min]12.3[sec], 
longitude73[deg]09[min]50.2[sec]; thence westerly to a point``B'' 
latitude 41[deg]10[min]12.3[sec], longitude73[deg]09[min]52.1[sec]; 
thence southwesterly to point``C'' latitude 41[deg]10[min]10[sec], 
longitude73[deg]09[min]54.9[sec]; thence south southwesterly to 
point``D'' latitude 41[deg]10[min]05[sec], 
longitude73[deg]09[min]56.1[sec]; thence southeasterly to point``E'' 
latitude 41[deg]10[min]04[sec], longitude73[deg]09[min]55.9[sec]; thence 
northeasterly to point``F'' latitude 41[deg]10[min]05[sec], 
longitude73[deg]09[min]54.5[sec]; thence northerly to point``G'' 
latitude 41[deg]10[min]05.8[sec], longitude73[deg]09[min]54.5[sec]; 
thence northeasterly to the point ofbeginning.
    (b) The regulations. The anchorage is for use by commercialand 
pleasure craft. Temporary floats or buoys for marking anchors ormoorings 
will be allowed. The anchoring of vessels and placing oftemporary 
anchors or mooring piles are under the jurisdiction of thelocal harbor 
master. Fixed mooring piles or stakes will not beallowed.



Sec. 110.150  Block Island Sound, N.Y.

    (a) The anchorage ground. A \3/4\- by 2-mile rectangulararea 
approximately 3 miles east-northeast of Gardiners Island with 
thefollowing coordinates: latitude 41[deg]06[min]12[sec] N., 
longitude72[deg]00[min]05[sec] W., latitude 41[deg]07[min]40[sec] 
N.,longitude 72[deg]01[min]54[sec] W.; latitude41[deg]08[min]12[sec] N., 
longitude 72[deg]01[min]10[sec] W.;latitude 41[deg]06[min]46[sec] N., 
longitude71[deg]59[min]18[sec] W.
    (b) The regulations. This anchorage ground is for use ofU.S. Navy 
submarines. No vessel or person may approach or remainwithin 500 yards 
of a U.S. Navy submarine anchored in this anchorageground.


[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 rangingfrom Aunt Phebe Rock Light 
and tangent to the north edge of GlenIsland; southwest of a line tangent 
to the northeast edge of GlenIsland and Goose Island breakwater; 
southwest of a line bearingsoutheasterly from the southwest end of Goose 
Island breakwater and onrange with the south gable of the Casino on the 
northeast end of GlenIsland; west of a line ranging from the east edge 
of Goose Islandbreakwater to the west edge of the north end of Hart 
Island; west ofHart Island; and northwest of a line extending from Hart 
Island Lightto Locust Point; excluding from this area, however, (i) the 
watersnortheast of a line ranging 303[deg] from the southwest end of 
HartIsland; northwest of a line ranging from the water tank at the 
northend of Davids Island 207[deg]40[min] to the northwest end of 
CityIsland; and south of latitude 40[deg]52[min]12[sec]; and (ii) 
thewaters west of Hunter Island; and south of a line ranging from 
themost southerly end of Glen Island tangent to the most northerly end 
ofHunter 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 aredescribed in 
Sec. 110.60.

    (2) Anchorage No. 1-A. Southwest of a line rangingfrom Duck Point, 
Echo Bay, through Bailey Rock Lighted Buoy 3 BR;northwest of a line 
ranging from Hicks Ledge Buoy 2H to Old Tom HeadRocks Buoy 4; and north 
of a line ranging from Old Tom Head Rocks Buoy4 to the southernmost 
point of Davenport Neck.

    Note: The special anchorage area in this anchorage isdescribed in 
Sec. 110.60(b-1).

    (3) Anchorage No. 1-B. West of a line ranging fromthe point on the 
southwest side of the entrance to Horseshoe

[[Page 475]]

Harbor, Larchmont, to Hicks Ledge Buoy 2H; north of a lineranging from 
Hicks Ledge Buoy 2H to Duck Point; and in Echo Bay northand west of the 
channel.

    Note: The special anchorage area in this anchorage isdescribed in 
Sec. 110.60(b-1).

    (4) Anchorage No. 2. West of a line from Locust Pointtangent to the 
northeasterly sea wall at Throgs Neck.

    Note: Special anchorage areas in this anchorage aredescribed in 
Sec. 110.60.

    (5) Anchorage No. 3. Northeast of a line from the south sideof 
Barker Point to Gangway Rock Bell Buoy 27; southeast of a line 
fromGangway Rock Bell Buoy 27 to Sands Point Reef Lighted Buoy 25; 
andsouthwest of a line from Sands Point Reef Lighted Buoy 25 
throughSands Point Light to Sands Point.
    (6) Anchorage No. 4. Manhassett Bay, excluding the 
seaplanerestricted area described in Sec. 207.35; and that portionof 
Long Island Sound northeast of a line ranging from Stepping StonesLight 
through Elm Point Buoy 2 to Elm Point; southeast of a lineranging from 
Stepping Stones Light to Gangway Rock Bell Buoy 27; andsouthwest of 
Anchorage No. 3.

    Note: Special anchorage areas in this anchorage aredescribed in 
Sec. 110.60.

    (7) Anchorage No. 5. In Little Neck Bay; and east of a lineranging 
from Fort Totten flagpole to Hart Island Light; and south ofAnchorage 
No. 4.

    Note: Special anchorage areas in this anchorage aredescribed in 
Sec. 110.60.

    (b) East River--(1) Anchorage No. 6. On HammondFlats north of a line 
bearing 260[deg] from the head of the pier onThrogs Neck at the foot of 
Pennyfield Avenue to the north tower ofBronx-Whitestone Bridge at Old 
Ferry Point.
    (2) Anchorage No. 7. South of a line from Whitestone Pointto 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 FerryPoint and a point 
at latitude 40[deg]47[min]57[sec], longitude73[deg]52[min]16[sec]; 
thence east of a line bearing 0[deg] tolatitude 40[deg]48[min]06[sec]; 
thence southeast of a line parallelto the bulkhead extending 
northeasterly to latitude40[deg]48[min]20[sec]; thence north of a line 
bearing 296[deg] toshore.
    (4) Anchorage No. 9. East of a line from College Point ReefLight 
tangent to the west side of College Point; and south of a linefrom 
College Point Reef Light to Whitestone Point.
    (5) Anchorage No. 10. An area in Flushing Bay, beginning ata point 
on shore at La Guardia Airport at latitude40[deg]46[min]49[sec], 
longitude 73[deg]52[min]21[sec]; thenceto latitude 
40[deg]47[min]20[sec], longitude73[deg]51[min]55[sec]; and thence to a 
point on shore at CollegePoint at latitude 40[deg]47[min]38[sec], 
longitude73[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 
latitude40[deg]47[min]03[sec], longitude 73[deg]53[min]39[sec]; thenceto 
latitude 40[deg]47[min]00[sec], longitude73[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 atlatitude 40[deg]46[min]49[sec], longitude 
73[deg]53[min]39[sec].

    Note: Special anchorage areas in this anchorage aredescribed in 
Sec. 110.60.

    (6) Anchorage No. 11. An area in East River beginning at apoint on a 
pierhead at latitude 40[deg]47[min]55[sec], 
longitude73[deg]53[min]19.5[sec]; thence to 
latitude40[deg]47[min]40[sec], longitude 73[deg]51[min]58[sec]; 
andthence 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 apoint on 
shore 100 feet west of the southerly prolongation of 2dStreet, Astoria, 
to Gibbs Point.
    (c) Hudson River--(1) Anchorage No. 16. North ofa line on a range 
with the north side of the north pier of the UnionDry Dock and Repair 
Company Shipyard, Edgewater, New Jersey; west of aline ranging 25[deg] 
from a point 120 yards east of the east end ofsaid pier to a point (500 
yards from the shore and 915 yards from theFort Lee flagpole) on a line 
ranging approximately 100[deg]22[min]from the Fort Lee flagpole toward 
the square chimney on the MedicalCenter Building at 168th Street, 
Manhattan; and south of said lineranging between the Fort Lee flagpole 
and the square chimney on theMedical 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 
Portdirects them.

[[Page 476]]

    (2) Anchorage No. 17. North of a line bearing 66[deg]from shore to a 
point at latitude 40[deg]51[min]34[sec], longitude73[deg]56[min]54[sec]; 
thence west of a line bearing 29[deg] tolatitude 40[deg]52[min]27[sec], 
longitude 73[deg]56[min]16[sec];thence 20[deg] to latitude 
40[deg]54[min]17[sec], longitude73[deg]55[min]23[sec]; thence 15[deg] to 
latitude40[deg]56[min]20[sec], longitude 73[deg]54[min]39[sec]; 
thencesouth 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 
Portdirects them.
    (3) Anchorage No. 18-A. East of lines bearing 8[deg]from the 
northwest corner of the crib icebreaker north of the New YorkCentral 
Railroad Company drawbridge across Spuyten Duyvil Creek(Harlem River) to 
a point 250 yards offshore and on line with the NewYork 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 ofWest 261st Street, 
Riverdale, Bronx, New York.
    (i) When the use of Anchorage No. 18-A is required by navalvessels 
the vessels anchored therein shall move when the Captain ofthe 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 
atlatitude 40[deg]46[min]47.8[sec] N., longitude73[deg]59[min]22.3[sec] 
W.; thence to latitude40[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., longitude73[deg]59[min]18[sec] W.; thence to 
latitude40[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., 
longitude73[deg]58[min]06.2[sec] W.; thence to 
latitude40[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., 
longitude73[deg]56[min]59[sec] W.; thence to a point on the 
Manhattanshoreline at latitude 40[deg]51[min]00.8[sec] N., 
longitude73[deg]56[min]51[sec] W.; thence following the shoreline to 
thepoint of beginning.
    (i) No vessel may anchor in Anchorage No. 19 without permissionfrom 
the Captain of the Port.
    (ii) Each vessel shall report its position within Anchorage No. 19to 
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 navalvessels, 
the vessels anchored therein shall move when the Captain ofthe Port 
directs them.
    (v) No vessel over 800 feet, in length overall, or 40 feet indraft 
may anchor in Anchorage No. 19 unless it notifies the Captain ofthe Port 
at least 48 hours before it arrives in New York Harbor.
    (vi) No vessel may occupy this anchorage for a period of time 
inexcess of 96 hours without prior approval of the Captain of the Port.
    (6) Anchorage No. 19-A. An area located west of Hyde Parkenclosed by 
the coordinates starting at 41[deg]48[min]35[sec] 
N073[deg]57[min]00[sec] W; to 41[deg]48[min]35[sec] 
N073[deg]56[min]44[sec] W; to 41[deg]47[min]32[sec] 
N073[deg]56[min]50[sec] W; to 41[deg]47[min]32[sec] 
N073[deg]57[min]10[sec] W; thence back to 41[deg]48[min]35[sec] 
N073[deg]57[min]00[sec] W (NAD 1983).
    (i) No vessel may anchor in Anchorage 19-A from December 16to the 
last day of February without permission from the Captain of thePort, New 
York.
    (ii) No vessel less than 20 meters in length may anchor inAnchorage 
19-A without prior approval of the Captain of thePort, New York.
    (d) Upper Bay--(1) Anchorage No. 20-A.That area enclosed by 
coordinates starting at40[deg]42[min]02.5[sec] N., 
74[deg]02[min]25.5[sec] W.; to40[deg]42[min]06.5[sec] N., 
74[deg]02[min]19.5[sec] W.; to40[deg]42[min]05.0[sec] N., 
74[deg]01[min]58.4[sec] W.; to40[deg]41[min]54.5[sec] N., 
74[deg]01[min]59.2[sec] W.; thenceto 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 bycoordinates 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 
to40[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 bycoordinates 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 
to40[deg]41[min]42.0[sec] N., 74[deg]02[min]43.0[sec] W.

[[Page 477]]

    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (4) Anchorage No. 20-D. That area enclosed bycoordinates 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 
to40[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 bycoordinates 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 
to40[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 
inexcess of 72 hours without the prior approval of the Captain of 
thePort.
    (7) Anchorage No. 20-F. That area enclosed bycoordinates 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 
to40[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 bycoordinates 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 
to40[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 
ofthe Port may permit commercial vessels to anchor temporarily in 
thisanchorage, ordinarily not more than 24 hours, when the anchorage 
willnot be needed for naval vessels. Upon notification of an 
anticipatednaval arrival, any commercial vessel so anchored must 
relocate at itsown expense.
    (10) Anchorage No. 21-A. That area enclosed bycoordinates 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 
to40[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 
inexcess of 96 hours without prior approval of the Captain of the Port.
    (11) Anchorage No. 21-B. That area enclosed bycoordinates starting 
at 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 
to40[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 
mayoccupy this anchorage without the prior approval of the Captain of 
thePort.
    (iii) No vessel may occupy this anchorage for a period of time 
inexcess of 96 hours without prior approval of the Captain of the Port.
    (12) Anchorage No. 21-C. That area enclosed bycoordinates 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 
to40[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 lessmay 
occupy this anchorage without the prior approval of the Captain ofthe 
Port.
    (iii) No vessel may occupy this anchorage for a period of time 
inexcess of 96 hours without prior approval of the Captain of the Port.
    (13) Anchorage No. 23-A. That area enclosed by coordinatesstarting 
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.; 
to40[deg]37[min]49.5[sec] N., 74[deg]03[min]25.7[sec] W.; 
to40[deg]37[min]49.8[sec] N., 74[deg]03[min]50.1[sec] W.; 
to40[deg]37[min]50.0[sec] N., 74[deg]03[min]50.2[sec] W.; 
to40[deg]37[min]53.0[sec] N., 74[deg]04[min]07.0[sec] W.; thenceback 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 
inexcess of 48 hours without the prior approval of the Captain of 
thePort.

[[Page 478]]

    (iii) No vessel with a length overall in excess of 670 feet(204.216 
meters) may occupy this anchorage without the prior approvalof the 
Captain of the Port.
    (iv) No vessel with a draft of 40 feet (12.192 meters) or more 
mayoccupy this anchorage without the prior approval of the Captain of 
thePort unless it anchors within 5 hours after ebb current begins at 
theNarrows.
    (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 coordinatesstarting 
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.; 
to40[deg]37[min]23.0[sec] N., 74[deg]03[min]59.0[sec] W.; 
to40[deg]37[min]30.0[sec] N., 74[deg]04[min]04.0[sec] W.; 
to40[deg]37[min]37.5[sec] N., 74[deg]03[min]46.0[sec] W.; thenceback 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 theCaptain 
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 coordinatesstarting 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.; 
to40[deg]36[min]25.5[sec] N., 74[deg]02[min]56.4[sec] W.; 
to40[deg]36[min]21.0[sec] N., 74[deg]03[min]11.0[sec] W.; 
to40[deg]36[min]25.0[sec] N., 74[deg]03[min]17.5[sec] W.; thenceback 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 
(243.84meters), or with a draft of less than 40 feet (12.192 meters) 
mayoccupy this anchorage without the prior approval of the Captain of 
thePort.
    (16) Any vessel anchored in or intending to anchor in 
FederalAnchorage 20-A through 20-G, 21-A through21-C, 23-A and 23-B, 24 
or 25 must comply withthe following requirements:
    (i) No vessel may anchor unless it notifies the Captain of thePort 
when it anchors, of the vessel's name, length, draft, and itsposition in 
the anchorage.
    (ii) Each vessel anchored must notify the Captain of the Port whenit 
weighs anchor.
    (iii) No vessel may conduct lightering operations unless itnotifies 
the Captain of the Port before it begins lighteringoperations.
    (iv) Each vessel lightering must notify the Captain of the Port 
atthe termination of lightering.
    (v) No vessel may anchor unless it maintains a bridge watch,guards 
and answers Channel 16 FM, and maintains an accurate positionplot.
    (vi) If any vessel is so close to another that a collision 
isprobable, each vessel must communicate with the other vessel and 
theCaptain of the Port on Channel 16 FM and shall act to eliminate 
theclose proximity situation.
    (vii) No vessel may anchor unless it maintains the capability toget 
underway within 30 minutes except with prior approval of theCaptain of 
the Port.
    (viii) No vessel may anchor in a ``dead ship'' status(propulsion or 
control unavailable for normal operations) without theprior approval of 
the Captain of the Port.
    (ix) Each vessel in a ``dead ship'' status must engagean adequate 
number of tugs alongside during tide changes. A tugalongside may assume 
the Channel 16 FM radio guard for the vesselafter it notifies the 
Captain of the Port.
    (x) No vessel may lighter in a ``dead ship'' statuswithout prior 
approval from the Captain of the Port.
    (e) Lower Bay--(1) Anchorage No. 25. That areaenclosed 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 to40[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 
theCaptain of the Port.
    (iii) No vessel may occupy this anchorage for a period of time 
inexcess

[[Page 479]]

of 96 hours without prior approval of the Captain of thePort.
    (f) Lower Bay--(1) Anchorage No. 26. In SandyHook Bay south of a 
line extending from Point Comfort to Sandy HookPoint Light.

    Note: Anchorages Nos. 49-F and 49-G in thisarea are reserved for 
vessels carrying explosives (see paragraphs (m)(2) and (3) of this 
section) and are excluded from use as generalanchorages.

    (i) Pleasure or commercial craft may not navigate or moor within750 
yards of the Naval Ammunition Depot Pier at Leonardo, New Jersey,nor 
anchor in the approach channel or the turning basin adjacentthereto.
    (ii) When immediate action is required and representatives of 
theCoast Guard are not present in sufficient force to exercise 
effectivecontrol of shipping, the Commanding Officer of the Naval 
AmmunitionDepot at Earle, New Jersey, may control the anchorage or 
movement ofany vessel, foreign or domestic, to the extent he deems 
necessary toinsure 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 latitude40[deg]28[min]41[sec], 
longitude 73[deg]58[min]54[sec]; thenceto latitude 
40[deg]25[min]58[sec], longitude73[deg]55[min]00[sec]; thence 180[deg] 
to latitude40[deg]23[min]46[sec], thence 270[deg] toward Highland Light 
andSandy Hook shore; thence following the easterly shoreline of 
SandyHook to the point of beginning.
    (ii) Romer Shoal. Beginning at latitude40[deg]27[min]30[sec], 
longitude 73[deg]55[min]00[sec]; thencedue north to latitude 
40[deg]29[min]05[sec]; thence to latitude40[deg]31[min]25[sec], 
longitude 74[deg]00[min]55[sec]; thenceto latitude 
40[deg]32[min]11[sec], longitude74[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 latitude40[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 LightedBell Buoy 
18; thence along the north side of Sandy Hook Channel toSandy Hook 
Channel Lighted Buoy; thence along the southwest side ofSwash Channel to 
Junction Buoy; thence along the east side of ChapelHill Channel to 
Chapel Hill Channel Buoy 2; and thence to the point ofbeginning.
    (3) Anchorage No. 28. West of lines bearing154[deg]30[min] from Fort 
Wadsworth Light to Craven Shoal LightedBell Buoy 19A, thence in 
succession to the buoys marking the east sideof West Bank and the buoys 
on the west side of Chapel Hill Channel toSouthwest Spit Junction 
Lighted Gong Buoy, thence 182[deg] to a lineextending from Sandy Hook 
Point Light to Point Comfort; north of thelatter line and the New Jersey 
shore; and east of a line bearing353[deg] from the head of the Keansburg 
Steamboat Pier at PointComfort, through Great Kills Flat Buoy 4, to the 
Staten Island shore;excluding from this area, however, (i) the waters 
west of a lineranging from the stack on Hoffman Island 344[deg] through 
thenortheast corner of the T-shaped pier at South Beach; northwest of 
aline ranging from Great Kills Light 39[deg] and tangent to theoffshore 
face of the T-shaped pier at Midland Beach; and northeast ofa line 
ranging from the stack on Swinburne Island 301[deg] to theshore end of 
the north jetty at New Creek; and (ii) the waters west ofa 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 fromGreat Kills Light 
332[deg] through Marine Park Light at Crooks Point.

    Note: A special anchorage area in this anchorage isdescribed in 
Sec. 110.60(r-1).

    (g) [Reserved]
    (h) Newark Bay. (1) Anchorage No. 34. All waters boundby the 
following points: 40[deg]38[min]51.5[sec] N,074[deg]10[min]35.6[sec] W; 
thence to 40[deg]39[min]20.2[sec] N,074[deg]09[min]50.8[sec] W; thence 
to 40[deg]39[min]41.4[sec] N,074[deg]09[min]30.2[sec] W; thence to 
40[deg]39[min]29.6[sec] N,074[deg]08[min]58.0[sec] W; thence to 
40[deg]39[min]21.7[sec] N,074[deg]08[min]50.8[sec] W; thence to 
40[deg]39[min]08.0[sec] N,074[deg]08[min]58.9[sec] W; thence to 
40[deg]38[min]49.9[sec] N,074[deg]09[min]20.0[sec] W; thence to 
40[deg]38[min]53.5[sec] N,074[deg]09[min]37.1[sec] W; thence to 
40[deg]38[min]52.0[sec] N,074[deg]09[min]41.6[sec] W; thence to the 
point of origin (NAD 83).
    (2) [Reserved]
    (3) Anchorage No. 36. All waters bound by the followingpoints: 
40[deg]41[min]13.1[sec] N, 074[deg]08[min]06.1[sec] W;thence to 
40[deg]41[min]12.7[sec] N, 074[deg]08[min]09.9[sec] W;thence to 
40[deg]40[min]51.0[sec] N, 074[deg]08[min]29.7[sec] W;thence to 
40[deg]40[min]44.7[sec] N, 074[deg]08[min]29.8[sec] W;thence to 
40[deg]40[min]34.0[sec] N,

[[Page 480]]

074[deg]08[min]12.0[sec] W; thence to40[deg]40[min]36.6[sec] N, 
074[deg]08[min]04.8[sec] W; thence to40[deg]40[min]54.5[sec] N, 
074[deg]07[min]56.5[sec] W; thence to40[deg]41[min]03.3[sec] N, 
074[deg]07[min]56.5[sec] W; thence tothe point of origin (NAD 83).
    (4) Anchorage No. 37. North of the Central Railroad of NewJersey 
bridge; east of a line ranging from a point 200 yards east ofthe east 
pier of the east lift span of the bridge to a point 200 yardseast of the 
east end of the lift span of the Pennsylvania-LehighValley Railroad 
bridge; and south of the latter bridge.
    Note: A portion of this general anchorage is described as aspecial 
anchorage in Sec. 110.60(q).
    (i) Arthur Kill--(1) Anchorage No. 41. Thepassage between Pralls 
Island and Staten Island included between aline running 29[deg] from the 
extreme northwest point of PrallsIsland to a point on Staten Island and 
a line from the southern pointof Pralls Island to the north side of the 
mouth of Neck Creek atTravis, Staten Island.
    (2) Anchorage No. 42. East of lines ranging from the head ofthe 
Tottenville Shipyard Company pier at Tottenville, Staten Island,to the 
first pier of the Outerbridge Crossing west from the StatenIsland shore, 
thence to Arthur Kill Light 10, thence to Arthur KillLight 14, and 
thence to Arthur Kill Lighted Buoy 16; and south of aline from thence to 
Smoking Point.
    (j) Raritan Bay--(1) Anchorage No. 44. An areain Raritan Bay located 
at the junction of Arthur Kill and RaritanRiver, beginning at a point at 
latitude 40[deg]30[min]07[sec],longitude 74[deg]15[min]30[sec]; thence 
to latitude40[deg]30[min]01[sec], longitude 74[deg]15[min]30[sec]; 
thenceto latitude 40[deg]29[min]27[sec], longitude74[deg]15[min]06[sec]; 
thence to latitude 40[deg]29[min]24[sec],longitude 
74[deg]15[min]01[sec]; thence to latitude40[deg]29[min]15[sec], 
longitude 74[deg]14[min]55[sec]; thenceto latitude 
40[deg]29[min]14[sec], longitude74[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 ofbeginning.
    (i) The anchorage is restricted to deep-draft vessels except 
thatbarges may moor in that portion of the anchorage southerly of 
latitude40[deg]29[min]22[sec].
    (ii) No vessel shall occupy the deep-draft portion of theanchorage 
for a longer period than 48 hours without a permit from theCaptain of 
the Port.
    (2) Anchorage No. 45. West of the Raritan Bay Channelleading into 
Arthur Kill; north of the Raritan River Channel leadinginto Raritan 
River; and east of the Cutoff Channel between RaritanRiver and Arthur 
Kill, except that part of the said area occupied byAnchorage No. 44.
    (3) [Reserved]
    (4) Anchorage No. 46. West of the west limit of AnchorageNo. 28, as 
defined by a line bearing 353[deg] from the head of theKeansburg 
Steamboat Pier at Point Comfort, through Great Kills FlatBuoy 4 to the 
Staten Island shore; north of Raritan Bay Channel asdefined by the buoys 
and lights marking the north side of the channel,including Princess Bay; 
northeast of Raritan Bay Channel leading intoArthur Kill; and south of a 
line bearing 243[deg] from the gable of ahouse at Ward Point, Staten 
Island.
    (5) Anchorage No. 47. South of the Raritan River Channelfrom 
opposite the Sun Oil Company pier at South Amboy to Raritan RiverBuoy 3; 
thence south of a line in the direction of Boundary Daybeaconto latitude 
40[deg]28[min]48.5[sec], longitude74[deg]14[min]31.6[sec]; thence south 
of lines through Raritan BayLight 7B, Raritan Bay Light 3A, and the 
buoys marking the south sideof Raritan Bay Channel Off Seguine Point to 
the west limit ofAnchorage No. 28 as defined by a line bearing 353[deg] 
from the headof the Keansburg Steamboat Pier through Great Kills Flat 
Buoy 4 to theStaten Island shore; and west of the latter line.
    (i) Vessels shall not anchor in the channel to Keyport Harbor westof 
lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy9, 
thence through Keyport Channel Buoys 11 and 13 to the northeastcorner of 
the easterly steamboat wharf; and east of a line extendingfrom a point 
400 yards west of Keyport Channel Buoy 1 tangent to thewest 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 draftmay anchor 
unless it notifies the Captain of the Port at least 48hours prior to 
entering Ambrose Channel.

[[Page 481]]

    (2) Except in cases of great emergency, no vessel shall beanchored 
in the navigable waters of the Port of New York outside ofthe anchorage 
areas established in this section, nor cast anchorwithin a cable or pipe 
line area shown on a Government chart, nor bemoored, anchored, or tied 
up to any pier, wharf, or vessel in suchmanner as to obstruct or 
endanger the passage of any vessel in transitby, 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 thatpurpose, any 
anchorage for which the time of occupancy is nototherwise prescribed in 
this section. No vessel in a condition suchthat it is likely to sink or 
otherwise become a menace or obstructionto navigation or anchorage of 
other vessels shall occupy an anchorageexcept in an emergency, and then 
only for such period as may bepermitted by the Captain of the Port.
    (4) Whenever, in the opinion of the Captain of the Port, suchaction 
may be necessary, that officer may require any or all vesselsin any 
designated anchorage area to moor with two or more anchors.
    (5) Every vessel whose crew may be reduced to such number that 
itwill not have sufficient men on board to weigh anchor at any timeshall 
be anchored with two anchors, with mooring swivel put on beforethe crew 
shall be reduced or released, unless the Captain of the Portshall waive 
the requirement of a mooring swivel.
    (6) Anchors of all vessels must be placed well within theanchorage 
areas, so that no portion of the hull or rigging shall atany time extend 
outside the boundaries of the anchorage area.
    (7) Any vessel anchoring under circumstances of great 
emergencyoutside of the anchorage areas must be placed near the edge of 
thechannel and in such position as not to interfere with the 
freenavigation of the channel nor obstruct the approach to any pier 
norimpede the movement of any boat, and shall move away immediately 
afterthe emergency ceases, or upon notification by the Captain of the 
Port.
    (8) The Captain of the Port may grant a revocable permit for 
thehabitual maintenance and use of a given mooring space in an 
anchoragearea. Application information for a mooring permit is available 
from:

Coast Guard Sector New York, Waterways Management Division, 212Coast 
Guard Drive, Staten Island, NY 10305.

    (i) A mooring permit is issued to an individual, for his 
exclusiveuse, of a specific mooring, of a specific type, at a 
specificlocation, for a specific vessel.
    (ii) Mooring permits shall expire on April 30 of the year 
afterissuance.
    (iii) Mooring permits are not transferable.
    (iv) Moorings are shown on the large scale chart which may be seenat 
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 maybe waived or 
modified by the Captain of the Port upon written requestfrom the 
applicant for such waiver or modification.
    (vi) The mooring buoy shall be white in color with the Captain ofthe 
Port mooring permit number, in black letters, clearly visible atall 
times. The buoy is to extend not less than 1 foot above thesurface 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 theCaptain 
of the Port--New York considers reasonable use of themooring. Nonuse of 
a mooring up to 30 days during the boating seasonis deemed reasonable.
    (x) Moorings for which permits have expired without renewal orhave 
been revoked by the Captain of the Port--New York shall beremoved by the 
owner within 10 days of such expiration or revocation.
    (xi) Granting of a Captain of the Port--New York mooringpermit does 
not give a right of access across private property.Arrangements for 
access shall be made by the permit holder.

[[Page 482]]

    (xii) Each person to whom a Captain of the Port--NewYork mooring 
permit is issued agrees to hold harmless the UnitedStates, its officers, 
agents, and employees, for any death, personalinjury, or damage which 
may result from the use of the permit or therights granted under the 
permit.
    (xiii) No vessel shall continuously occupy a mooring when a vesselin 
regular traffic requires the berth or when navigation would bemenaced or 
inconvenienced thereby.
    (xiv) No vessel shall moor in any anchorage in such a manner as 
tointerfere with the use of a duly authorized mooring buoy. Nor shallany 
vessel moored to a buoy authorized by a Captain of thePort--New York 
permit be moored such that any portion of thatvessel comes within 50 
feet of a marked or dredged channel.
    (xv) No vessel shall be navigated within the limits of ananchorage 
at speed exceeding 6 knots when in the vicinity of a mooredvessel.
    (xvi) In an emergency the Captain of the Port may shift theposition 
of any unattended vessel moored in or near any anchorage.

                                                                   Table 110.155(l)(7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Pendantsafe
      Vessellength, in feet        Anchor weight, in      Anchor type         Anchorscope        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 anchorweight.
Greater than 15 but not greater   150...............  Mushroom or navy..  3xMHW.............  \3/8\.............  8.................  Do.
 than 21.
Greater than 21 but not greater   200...............  Mushroom or navy..  3xMHW.............  \3/8\.............  10................  Do.
 than 26.
Greater than 26.................  10 per foot of      Mushroom ornavy...  3x MHW............  \1/2\ for anchor    10................  Do.
                                   vessel length.                                              of 400 
                                                                                               or less, \5/8\ if
                                                                                               greaterthan 400
                                                                                               .
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (9) Barge dispensing stations and stake boats may be anchored insuch 
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 vesselslegally 
engaged in recovering sunken property, or in laying orrepairing pipe 
lines or cables legally established, or plant engagedin dredging 
operations, to anchor within channels of the Port of NewYork. Permit 
issued by the Captain of the Port is not necessary forplant engaged upon 
works of river and harbor improvement under thesupervision of the 
District Engineer, but the District Engineer willnotify the Captain of 
the Port in advance of all such proposed work.
    (11) Whenever the maritime or commercial interests of the 
UnitedStates so require, the Captain of the Port is hereby empowered 
toshift the position of any vessel anchored within the anchorage 
areas,of any vessel anchored outside the anchorage areas, of any 
vesselwhich is so moored or anchored as to impede or obstruct 
vesselmovements in any channel or obstruct or interfere with range 
lightsand of any vessel which, lying at the exterior end of a pier 
oralongside an open bulkhead, obstructs or endangers the passage 
ofvessels in transit by, or to or from, adjacent wharf property 
orimpedes the movements of vessels entering or leaving adjacent slips.
    (12) A vessel upon being notified to move into the anchoragelimits 
or to shift its position on anchorage grounds, shall get underway at 
once or signal for a tug, and shall change position asdirected, with 
reasonable promptness.
    (13) Nothing in this section shall be construed as relieving 
anyvessel or the owner or person in charge of any vessel from 
thepenalties of law for obstructing navigation or for obstructing 
orinterfering with range lights, or for not complying with thenavigation 
laws in regard to lights, fog signals, or for otherwiseviolating law.

[[Page 483]]

    (14) Any vessel prohibited by these rules from anchoring in 
aspecific anchorage because of the vessel's length or draft may anchorin 
the anchorage with permission from the Captain of the Port.
    (m) Anchorages for vessels carrying explosives.
    (1) [Reserved]
    (2) Anchorage No. 49-F (emergency navalanchorage). That portion of 
Sandy Hook Bay bounded by a linebearing 170[deg], 3,800 yards, from a 
point bearing281[deg]30[min], 2,050 yards from Sandy Hook Light; 
thence260[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 navalvessels 
during emergencies only.
    (ii) No pleasure or commercial craft shall navigate or moor 
withinthis area at any time when naval vessels which are moored in the 
areadisplay a red flag by day or a red light by night.
    (3) Anchorage No. 49-G (naval anchorage). Thatportion of Sandy Hook 
Bay bounded by a line bearing 208[deg], 1,350yards, from a point bearing 
292[deg]30[min], 3,600 yards, from SandyHook Light; thence 298[deg], 620 
yards; thence 002[deg], 1,250yards; thence 107[deg], 1,150 yards, to the 
point of beginning.
    (i) No pleasure or commercial craft shall navigate or moor 
withinthis area at any time when vessels which are moored in the 
areadisplay a red flag by day or a red light by night.
    (n) Regulations for explosive anchorages. (1) AnchoragesNos. 49-F 
and 49-G are reserved for vessels carryingexplosives. All vessels 
carrying explosives shall be within theseareas when anchored, except as 
provided in paragraph (n)(6) of thissection.
    (2) A written permit shall be obtained from the Captain of thePort 
before vessels carrying explosives, or on which explosives are tobe 
loaded, may proceed to the anchorages provided for them; and novessel 
shall occupy a berth in such anchorage except by authority ofsuch 
permit, which permit may be revoked at any time.
    (3) Vessels used in connection with loading or unloadingexplosives 
on vessels in anchorage areas, including tugs and stevedoreboats, shall 
carry a written permit from the Captain of the Port. TheCaptain of the 
Port may, in his discretion, require every personhaving business on 
board vessels which are being loaded withexplosives, other than members 
of the crew, to have a pass from theCaptain of the Port in such form as 
he shall prescribe. Such permit orpass shall be shown whenever required 
by him or by his authorizedagents.
    (4) Whenever any vessel not fitted with mechanical power anchorsin 
the explosives anchorages while carrying explosives, the Captain ofthe 
Port may require the attendance of a tug upon such vessel when inhis 
judgment such action is necessary.
    (5) Vessels carrying explosives shall comply with the 
generalregulations in paragraph (l) of this section when applicable.
    (6) The District Engineer, Corps of Engineers, may authorize, 
inwriting, a vessel carrying explosives for use on river and harborworks 
or on other work under Federal permit issued by the DistrictEngineer to 
anchor in or near the vicinity of such work without apermit from the 
Captain of the Port. The District Engineer willprescribe the quantities 
of such explosives allowed on such vessel andthe conditions under which 
they are to be stored and handled, and willfurnish the Captain of the 
Port with a copy of such safetyinstructions together with a copy of his 
written authorization.
    (7) Every vessel loading, unloading, transporting, or 
containingexplosives shall display by day a red flag at least 16 square 
feet inarea at its masthead, or at least 10 feet above the upper deck if 
thevessel has no mast, and shall display by night a red light in the 
sameposition specified for the flag.
    (8) When local regulations of any place require previous 
localauthority for the transfer of explosives or fireworks between 
vesselsor between a vessel and a wharf or other place ashore, the 
Captain ofthe Port will permit the removal from the anchorage of such 
vesselcontaining explosives to any place covered by such local 
regulationsonly when he is satisfied that the required local authority 
has beengranted.


[[Page 484]]


    Note: The anchorage in this section are regulated underTitle I, 
Ports and Waterways Safety Act of 1972 as stated inSec. 110.1a(a) of 
this part. The penalties for violatingregulations under this Act are 
stated in Sec. 110.1a(b) ofthis part.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citationsaffecting Sec. 
110.155, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 110.156  Randall Bay, Freeport, Long Island, N.Y.

    (a) The anchorage grounds. Southward of a line 312 feetsouth of and 
parallel to the south side of Casino Street; eastward ofa line 215 feet 
east of and parallel to the east side of West SideAvenue, said line 
extending southerly to a point 233 feet north of theprolonged north side 
of Clinton Street; northeastward of a line fromthe last-mentioned point 
to a point 243 feet southerly of theprolonged south side of Clinton 
Street and 210 feet east of the eastside of Prospect Street; eastward of 
a line 210 feet east of andparallel to the east side of Prospect Street; 
northward of a line 25feet north of and parallel to the prolonged north 
side of SuffolkStreet; westward of a line 210 feet west of and parallel 
to the westside of South Long Beach Avenue, said line extending 
northerly to apoint 222 feet south of the prolonged south side of Queens 
Street;southwestward of a line from the last-mentioned point to a point 
74feet northerly of the prolonged north side of Queens Street and 
120feet west of the west side of Roosevelt Avenue; and westward of a 
line120 feet west of and parallel to the west side of Roosevelt Avenue.
    (b) The regulations. (1) When applied for, a berth in thisanchorage, 
if available, may be assigned to any vessel by the Captainof the Port of 
New York.
    (2) The Captain of the Port is authorized to issue permits 
formaintaining mooring buoys within the anchorage. The method 
ofanchoring these buoys shall be as prescribed by the Captain of 
thePort.
    (3) No vessel shall anchor in the anchorage in such manner as 
tointerfere with the use of a duly authorized mooring buoy.
    (4) No vessel shall be navigated within the anchorage at a 
speedexceeding six knots.
    (5) In case of emergencies, the Captain of the Port is authorizedto 
shift the position of any unattended vessel moored in or near 
theanchorage.



Sec. 110.157  Delaware Bay and River.

    (a) The anchorage grounds--(1) Anchorage A off theentrance to the 
Mispillion River. In Delaware Bay southwest ofBrandywine Channel 
beginning at latitude 38[deg]53[min]57[sec] N.,longitude 
75[deg]08[min]00[sec] W., thence northwesterly tolatitude 
39[deg]01[min]22[sec] N., longitude75[deg]13[min]25[sec] W., thence 
southwesterly to latitude39[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 thepoint of beginning. Supervision over the anchoring 
of vessels and overall cargo transfer operations in Anchorage A is 
exercised by theCaptain 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 sideof the 
channel along Liston Range, bounded as follows: Beginning at apoint 
(approximately latitude 39[deg]17[min]59[sec], 
longitude75[deg]23[min]07[sec] ) bearing 228 from Ship John Shoal Light, 
167yards southwest of the southwest edge of the channel along 
ListonRange; 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, 
tothe point of beginning.
    (3) Anchorage 2 northwest of Artificial Island. On the eastside of 
the channel along Reedy Island Range, bounded as follows:Beginning at a 
point bearing 105[deg] from the northernmost point ofReedy Island, 167 
yards easterly of the east edge of the channel alongReedy Island Range; 
thence 105[deg], 800 yards; thence 195[deg],4,500 yards; thence 
285[deg], 800 yards to a point (approximatelylatitude 
39[deg]28[min]58[sec], longitude 75[deg]33[min]37[sec]) opposite the 
intersection of Reedy Island and Baker Ranges; andthence 15[deg], 4,500 
yards, to the point of beginning.
    (4) Anchorage 3 southeast of Reedy Point. Southeast of theentrance 
to the Chesapeake and Delaware Canal at Reedy Point, boundedon the east 
by the west edge of the channel along

[[Page 485]]

Reedy Islandand New Castle Ranges; on the west by a line beginning at a 
point onthe west edge of the channel along Reedy Island Range at 
latitude39[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 toa point bearing 131[deg], 1,160 yards, from Chesapeake and 
DelawareCanal 2 Light; and on the north by a line running from the last-
described point 113[deg]30[min], approximately 813 yards, to thewest 
edge of the channel along New Castle Range.
    (5) Anchorage 4 north of Reedy Point. North of the entranceto the 
Chesapeake and Delaware Canal at Reedy Point, on the west sideof the 
river, bounded as follows: Beginning at a point (approximatelylatitude 
39[deg]33[min]51[sec], longitude 75[deg]33[min]35[sec]) 344[deg]58[min] 
true, 160 yards from Chesapeake and Delaware CanalLight 2; thence 
306[deg]26[min], 1,442 yards; thence36[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 thenortheast side 
of the channel along New Castle Range, bounded asfollows: Beginning at 
latitude 39[deg]34[min]28[sec], longitude75[deg]33[min]06[sec]; thence 
334[deg], 2,343 yards; thence64[deg], 512 yards; thence 154[deg], 2,343 
yards; and thence244[deg], 512 yards, to the point of beginning.
    (7) Anchorage 6 off Deepwater Point. Southeast of theentrance to 
Christina River, on the east side of the channel alongCherry Island 
Range, bounded as follows: Beginning at latitude39[deg]41[min]31[sec], 
longitude 75[deg]30[min]55[sec]; thence17[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 ofthis anchorage except in case of emergency.
    (8) Anchorage 7 off Marcus Hook. (i) On the southeast sideof the 
channel along Marcus Hook Range, bounded by a line connectingthe 
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 
thatrequires an examination by public health, customs, or 
immigrationauthorities shall anchor in the preferential area of this 
anchoragedesignated for the use of vessels awaiting quarantine 
inspection, thisarea being the waters bounded by the arc of a circle 
with a radius of366 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, 
thepreferential area, when available, may be used by vessels not 
subjectto quarantine inspection.
    (9) Anchorage 8 off Thompson Point. On the south side of thechannel 
along Tinicum Range, between Thompson Point and the east sideof Crab 
Point, bounded as follows: Beginning at a point on the southedge of the 
channel along Tinicum Range at longitude75[deg]18[min]24[sec]; thence 
easterly along the edge of thechannel to longitude 
75[deg]17[min]54[sec]; thence 179[deg], 267yards; thence 
260[deg]30[min], 793 yards; thence 358[deg], 425yards, to the point of 
beginning.
    (10) Anchorage 9 near entrance to Mantua Creek. On thesoutheast side 
of the channel along Mifflin Range, bounded as follows:Beginning at a 
point on the southeast edge of the channel at 
longitude75[deg]14[min]26[sec]; thence northeasterly along the edge of 
thechannel to longitude 75[deg]12[min]01.5[sec]; thence203[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 tointerfere unreasonably 
with the passage of other vessels to and fromMantua Creek.
    (11) Anchorage 10 (naval) at Naval Base,Philadelphia. On the north 
side of the channel along West HorseshoeRange, bounded as follows: 
Beginning at the southeasterly corner ofPier 7 (approximately latitude 
39[deg]53[min]11[sec], longitude75[deg]09[min]58.5[sec] ); thence 
174[deg], 525 yards, to thenorth edge of the channel along West 
Horseshoe Range; thence273[deg]30[min] along the edge of the channel, 
880 yards; thence354[deg], 433 yards, to the southeasterly corner of 
Pier 1; andthence 88[deg]30[min], 875 yards, to the point of beginning. 
This isa restricted naval anchorage.
    (12) Anchorage 11 at Gloucester. On the east side of thechannel 
south of the

[[Page 486]]

Walt Whitman Bridge at Gloucester, boundedas follows: Beginning at a 
point on the east edge of the channel atlatitude 39[deg]54[min]16[sec]; 
thence 174[deg]30[min], 500yards, to latitude 39[deg]54[min]02[sec], 
longitude75[deg]07[min]43[sec]; thence 202[deg], 1,133 yards; 
thence217[deg]30[min], 1,142 yards, to the east edge of channel; 
thencenortheasterly along the edge of the channel to the point of 
beginning.
    (13) Anchorage 12 between Gloucester and Camden. On the eastside of 
the channel adjoining and on the upstream side of Anchorage11, from the 
Gloucester to Camden, bounded as follows: Beginning at apoint on the 
east edge of the channel at latitude39[deg]54[min]16[sec]; thence 
northerly along the edge of thechannel to latitude 
39[deg]56[min]32.5[sec]; thence 133[deg], 283yards to a point on a line 
100 feet west of the established pierheadline; thence southerly along 
this line to latitude39[deg]54[min]34[sec]; thence 196[deg]16[min], 882 
yards tolatitude 39[deg]54[min]08.5[sec]; thence 354[deg]36[min], 
267yards to the point of beginning. The area between New 
YorkShipbuilding Corporation Pier No. 2 and the MacAndrews and 
ForbesCompany pier, Camden, shall be restricted to facilitate the 
movementof carfloats to and from Bulson Street, Camden. The area in 
front ofthe Public Service Electric and Gas Company pier shall be 
restrictedto facilitate the movement of vessels to and from the pier. 
Should theanchorage become so congested that vessles are compelled to 
anchor inthese restricted areas, they must move immediately when another 
berthis available.
    (14) Anchorage 13 at Camden. On the east side of the 
channeladjoining and on the upstream side of Anchorage 12, to Cooper 
Point,Camden, bounded as follows: Beginning at a point on the east edge 
ofthe channel at latitude 39[deg]56[min]32.5[sec]; thence northerlyalong 
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 theestablished 
pierhead line; thence southerly along this line tolatitude 
39[deg]56[min]26.5[sec]; thence 313[deg], 283 yards tothe point of 
beginning.
    (15) Anchorage 14 opposite Port Richmond. On the southeastside of 
the channel, north of Petty Island, bounded as follows:Beginning at a 
point on the southeast edge of the channel at 
longitude75[deg]05[min]43[sec]; thence 163[deg], 248 yards; 
thence253[deg], 1,978 yards, to the southeast edge of the channel; 
andthence northeasterly along the edge of the channel to the point 
ofbeginning. Vessels having a draft of less than 20 feet must 
anchorsouthwest of Pier No. 11, Port Richmond. The area off the 
CitiesService Oil Company wharves, Petty Island, shall be restricted 
tofacilitate the movement of vessels to and from the wharves.
    (16) Anchorage 15 off northeasterly end of Petty Island. Onthe 
southeast side of the channel, bounded as follows: Beginning at apoint 
on the southeast edge of the channel at 
longitude75[deg]05[min]34.7[sec]; thence northeasterly along the 
southeastedge of the channel to longitude 75[deg]05[min]09.5[sec]; 
thence171[deg], 198 yards; thence 260[deg]30[min], 667 yards; and 
thence351[deg], 198 yards, to the point of beginning. When necessary, 
thisanchorage will be reserved for vessels under the custody of the 
UnitedStates, at which time other vessels may be required by the Captain 
ofthe 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 ata point 
on the northwest edge of the channel at longitude75[deg]05[min]35[sec]; 
thence northeasterly along the edge of thechannel to longitude 
75[deg]04[min]20[sec]; thence 328[deg], 125yards; thence 243[deg], 450 
yards; thence 251[deg], 475 yards;thence 257[deg], 1,042 yards; thence 
174[deg]30[min], 122 yards, tothe point of beginning. When necessary, 
this anchorage will bereserved for vessels under the custody of the 
United States, at whichtime other vessels may be required by the Captain 
of the Port to shiftposition.
    (b) General regulations. (1) Except in cases of greatemergency, no 
vessel shall be anchored in Delaware Bay and Riverbetween Ship John 
Light and The Pennsylvania Railroad Company bridgeat Delair, New Jersey, 
outside of the anchorage areas established inthis section, or within a 
cable or pipe line area shown on aGovernment chart, or be moored, 
anchored, or tied up to any pier,wharf, or other vessel in such manner 
as to obstruct or endanger thepassage of any vessel. When an emergent 
condition exists due tocongestion in the prescribed anchorage areas in

[[Page 487]]

the DelawareRiver, the Captain of the Port may authorize the anchorage 
of vesselsin locations other than the prescribed areas. Vessels so 
anchored mustnot be anchored within the channel limits. Any vessel 
anchored outsideof the prescribed anchorage limits must move to a 
prescribed anchoragearea when space becomes available.
    (2) No vessel shall occupy any prescribed anchorage for a 
longerperiod than 48 hours without a permit from the Captain of the 
Port.Vessels expecting to be at anchor for more than 48 hours shall 
obtaina permit from the Captain of the Port for that purpose. No vessel 
insuch condition that it is likely to sink or otherwise become a 
menaceor obstruction to navigation or anchorage of other vessels 
shalloccupy an anchorage except in an emergency, and then only for 
suchperiod as may be permitted by the Captain of the Port.
    (3) Whenever, in the opinion of the Captain of the Port suchaction 
may be necessary, he may require any or all vessels in anydesignated 
anchorage area to moor with two or more anchors.
    (4) [Reserved]
    (5) Anchors shall be placed well within the anchorage areas, sothat 
no portion of the hull or rigging will at any time extend outsideof the 
anchorage area.
    (6) Light-draft barges using the anchorages shall be anchored 
awayfrom the deeper portions of the anchorages, so as not to 
interferewith the anchoring of deep-draft vessels. Any barges towed in 
tandemto 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 vesselslegally 
engaged in recovering sunken property, or in laying orrepairing pipe 
lines or cables, or plant engaged in dredgingoperations, to anchor in 
channels. Such permission is not necessaryfor plant engaged upon works 
of river and harbor improvement under thesupervision of the District 
Engineer, but the District Engineer willnotify 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 
getunder way at once or signal for a tug and shall change position 
asdirected with reasonable promptness.
    (10) Nothing in this section shall be construed as relieving 
anyvessel or the owner or person in charge of any vessel from 
thepenalties of law for obstructing navigation or for obstructing 
orinterfering with range lights, or for not complying with the 
lawsrelating to lights and fog signals or other navigation laws 
andregulations.
    (11) Annually from September 1 until December 31, 
additionalrequirements and restrictions in this paragraph for the use 
ofanchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of 
thissection apply.
    (i) Before anchoring in Anchorage 7 off Marcus Hook, as describedin 
paragraph (a)(8) of this section, a vessel must first obtainpermission 
from the Captain of the Port, Philadelphia, at least 24hours in advance 
of arrival. Permission to anchor will be granted on a``first-come, 
first-served'' basis. The Captain of thePort, Philadelphia, will allow 
only one vessel at a time to be atanchor in Anchorage 7, and no vessel 
may remain within Anchorage 7 formore than 12 hours. Any vessel arriving 
from or departing to sea thatrequires an examination by the public 
health service, customs orimmigration authorities will be directed to an 
anchorage for therequired inspection by the Captain of the Port on a 
case-by-casebasis.
    (ii) For Anchorage 6 off Deepwater Point, as described inparagraph 
(a)(7) of this section, and Anchorage 9 as described inparagraph (a)(10) 
of this section.
    (A) Any vessel 700 feet or greater in length requesting 
anchorageshall 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 
tugalongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two 
tugsalongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor shallensure 
that

[[Page 488]]

any tug required by this section is of sufficienthorsepower to assist 
with necessary maneuvers to keep the vessel clearof the navigation 
channel.
    (iii) As used in this section, Captain of the Port means 
theCommander of Sector Delaware Bay or any Coast Guard 
commissioned,warrant or petty officer who has been authorized by the 
Captain of thePort to act on his behalf. The Captain of the Port may be 
contacted bytelephone at (215) 271-4807 or via VHF marine band 
radio,channel 16.
    (c) Regulations for vessels carrying and handlingexplosives. (1) All 
vessels carrying explosives as defined in andsubject to Title 49 Code of 
Federal Regulations, Parts 171 through177, or on which such explosives 
are to be loaded, shall obtain apermit from the Captain of the Port, 
except as provided in paragraph(c)(5) of this section. The maximum 
amount of explosives for which apermit is required in 49 CFR Parts 171 
through 177, which may becarried or loaded at any time by a vessel shall 
not exceed 800 tons,except in cases of great emergency or by special 
permit from theCaptain of the Port. This written permit shall be 
obtained from theCaptain of the Port before vessels carrying explosives 
or on whichexplosives are to be loaded within the weight limit specified 
inparagraph (c)(1) of this section, may anchor in any anchorge. 
Permitswill not be issued for Anchorage 2 under any circumstances. 
Suchpermit may be revoked at any time. All vessels used in connection 
withloading, or unloading explosives shall carry written permits from 
theCaptain of the Port, and shall show such permit whenever required 
byhim or his representative.
    (2) Vessels handling explosives shall be anchored so as to be 
atleast 2,200 feet from any other vessel, but the number of vesselswhich 
may anchor in an anchorage at any one time shall be at thediscretion of 
the Captain of the Port. This provision is not intendedto prohibit 
barges or lighters from tying up alongside the vessels forthe transfer 
of cargo.
    (3) Whenever a vessel or barge not mechanically self-
propelledanchors while carrying explosives or while awaiting the loading 
ofexplosives, the Captain of the Port may require the attendance of atug 
upon such vessel or barge when in his judgment such action isnecessary.
    (4) Fishing and navigation are prohibited within an 
anchoragewhenever occupied by an anchored vessel displaying a red flag.
    (5) The District Engineer, U.S. Army Corps of Engineers, 
mayauthorize, in writing, a vessel carrying explosives for use on 
riverand 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 
thePort will prescribe the conditions under which explosives shall 
bestored and handled in such cases.
    (6) Vessels carrying explosives or on which explosives are to 
beloaded, within the weight limit specified in paragraph (c)(1) of 
thissection, shall comply with the general regulations in paragraph (b) 
ofthis section when applicable.
    (7) Nothing in this section shall be construed as relieving 
anyvessel or the owner or person-in-charge of any vessel, and all 
othersconcerned, of the duties and responsibilities imposed upon them 
tocomply with the regulations governing the handling, loading 
ordischarging of explosives entitled ``SubchapterC--Hazardous Materials 
Regulations'' (49 CFR Parts 171through 177).

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 77-212A, 47 FR 
20579, May 13, 1982; CGD3-80-3A, 48 FR 13418, Mar. 31, 1983; CCGD3-82-
31, 48 FR 23638, May 26, 1983; 48 FR 30622, July 5,1983; CGD3-83-72, 49 
FR 25444, June 21, 1984; CGD92-050, 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, generalanchorage. (i) 
The waters bounded by a line connecting thefollowing 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 12hours 
without

[[Page 489]]

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 72hours 
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
 


    (ii) No vessel shall remain in this anchorage for more than 24hours 
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 72hours 
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 72hours 
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 72hours 
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 72hours 
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 ofthe Port 
must be obtained prior to the use of this anchorage for morethan 72 
hours.
    (b) Definitions. As used in this section:Class 1 (explosive) 
materials means

[[Page 490]]

Division 1.1, 1.2, 1.3,and 1.4 explosives, as defined in 49 CFR 173.50. 
Dangerous cargomeans certain dangerous cargo as defined in Sec. 160.203 
of thistitle.
    (c) General regulations. (1) Except as otherwise provided,this 
section applies to vessels over 20 meters long and all vesselscarrying 
or handling dangerous cargo or Class 1 (explosive) materialswhile 
anchored in an anchorage ground described in this section.
    (2) Except in cases where unforeseen circumstances createconditions 
of imminent peril, or with the permission of the Captain ofthe Port, no 
vessel shall be anchored in Baltimore Harbor and PatapscoRiver outside 
of the anchorage areas established in this section formore than 24 
hours. No vessel shall anchor within a tunnel, cable orpipeline area 
shown on a government chart. No vessel shall be moored,anchored, or tied 
up to any pier, wharf, or other vessel in suchmanner as to extend into 
established channel limits. No vessel shallbe positioned so as to 
obstruct or endanger the passage of any othervessel.
    (3) Except in an emergency, a vessel that is likely to sink 
orotherwise become a menace or obstruction to navigation or theanchoring 
of other vessels may not occupy an anchorage, unless thevessel obtains a 
permit from the Captain of the Port.
    (4) The Captain of the Port may grant a revocable permit to avessel 
for a habitual use of an anchorage. Only the vessel that holdsthe 
revocable permit may use the anchorage during the period that thepermit 
is in effect.
    (5) Upon notification by the Captain of the Port to shift 
itsposition, a vessel at anchor shall get underway and shall move to 
itsnew designated position within 2 hours after notification.
    (6) The Captain of the Port may prescribe specific conditions 
forvessels 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 oftugs, and requirements for maintaining communication guards 
onselected radio frequencies.
    (7) No vessel at anchor or at a mooring within an anchorage 
maytransfer oil to or from another vessel unless the vessel has given 
theCaptain of the Port the four hours advance notice required bySec. 
156.118 of this chapter.
    (8) No vessel shall anchor in a ``dead ship'' status(propulsion or 
control unavailable for normal operations) withoutprior approval of the 
Captain of the Port.
    (d) Regulations for vessels handling or carrying dangerouscargoes or 
Class 1 (explosive) materials. (1) This paragraph (d)applies to every 
vessel, except a U.S. naval vessel, handling orcarrying dangerous 
cargoes or Class 1 (explosive) materials.
    (2) The Captain of the Port may require every person havingbusiness 
aboard a vessel handling or carrying dangerous cargoes orClass 1 
(explosive) materials while in an anchorage, other than amember of the 
crew, to hold a form of identification prescribed in thevessel's 
security plan.
    (3) Each person having business aboard a vessel handling orcarrying 
dangerous cargoes or Class 1 (explosive) materials while inan anchorage, 
other than a member of the crew, shall present theidentification 
prescribed by paragraph (d)(2) of this section to anyCoast Guard 
Boarding Officer who requests it.
    (4) Each non-self-propelled vessel handling or carrying 
dangerouscargoes or Class 1 (explosive) materials must have a tug in 
attendanceat 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 
flagin 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 citationsaffecting Sec. 
110.158, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 110.159  Annapolis Harbor, MD.

    (a) The Anchorage Grounds--(1) Naval Anchorage forDeep Draft 
Vessels. In the Chesapeake Bay, bounded on the north bylatitude 
38[deg]58[min]00[sec]; on the east by a line bearing203[deg] from 
latitude 38[deg]58[min]00[sec], longitude76[deg]24[min]00[sec]; on the 
south by latitude38[deg]56[min]30[sec]; and on the west by a line 
bearing 139[deg]from Greenbury Point

[[Page 491]]

Shoal Light. This anchorage is reserved fordeep draft naval vessels. 
Berths in the area will be assigned onapplication to the Superintendent, 
U.S. Naval Academy.
    (2) Middle Ground Anchorage. Beginning at a point in theSevern River 
139[deg], 620 yards from Triton Light (located at theintersection of the 
northeast and southeast seawall of the NavalAcademy grounds); thence 
easterly to a point 112[deg]30[min], 970yards from Triton Light; thence 
southeasterly to a point 274[deg],1,045 yards from the radio tower at 
the tip of Greenbury Point; thencesouth-southeasterly to a point 
233[deg]30[min], 925 yards from theradio tower at the tip of Greenbury 
Point; thence west to a point295[deg], 1,015 yards from Greenbury Point 
Shoal Light: thencenorthwesterly to the point of beginning.
    (3) South Anchorage. In the Severn River, beginning at apoint on the 
shoreline at Horn Point, Eastport, 168[deg], 1,190 yardsfrom Triton 
Light; thence east to a point 294[deg], 1,075 yards fromGreenbury Point 
Shoal Light; thence northwest to a point 143[deg],595 yards from Triton 
Light; thence westerly to a point 209[deg], 700yards from Triton Light; 
thence 180[deg] to a point on the shorelineat Eastport. No vessel shall 
anchor within 100 feet of any wharf,marine railway, or other structure 
without the permission of the ownerthereof.
    (4) Naval Anchorage for Small Craft. In the Severn River,beginning 
at a point 80 feet off the southeast seawall of the NavalAcademy bearing 
132[deg] from Triton Light; thence easterly to apoint 072[deg]30[min], 
285 yards from Triton Light; thencesoutheasterly 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 ofthe Naval Academy bearing 214[deg], 535 yards from 
Triton Light;thence northeasterly to the point of beginning. Except in 
the case ofemergency, no vessel shall be anchored in this area without 
thepermission of the Superintendent, U.S. Naval Academy. Anchorages 
willbe assigned upon request to the Superintendent, U.S. Naval Academy.
    (5) Spa Creek Anchorage. In Spa Creek, those waters boundedby 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 localordinances 
to the control building of structures, and mooring andanchorage of 
vessels in anchorages (a)(3), and (a)(5). These localordinances will be 
enforced by the local Harbor Master.

    (b) The regulations. (1) Except in the case of emergency, novessel 
shall be anchored in the area to the north and east of theAnnapolis 
Channel bounded on the east by Greenbury Point; on the southby a line 
bearing 270[deg] from the southern tip of Greenbury Point;on the west by 
the Annapolis Channel; on the north by the southernboundry of the cable 
area and the shoreline of the Governmentreservation and Carr Creek.
    (2) Except in the case of emergency, no vessel shall be anchoredin 
Annapolis Harbor to the westward of the dredged channel andnorthward of 
the southern boundry of the South Anchorage outside ofthe established 
anchorage areas, except in Spa Creek and the area tothe southwestward of 
the Naval anchorage for small craft. No vesselshall be so anchored that 
any part of the vessel extends at any timewithin this area. Any vessel 
anchoring, under great emergency, withinthis area shall be placed as 
close to an anchorage area aspracticable, and shall move away 
immediately after the emergencyceases.
    (3) No vessel shall be anchored in the cable and pipeline area,lying 
between the Naval Academy and the Naval Ship Research andDevelopment 
Laboratory and having the following limits: Southeasternlimit, from 
Triton Light 072[deg] to white ``CableCrossing'' sign at the Naval Ship 
Research and DevelopmentLaboratory; northwestern limit, a line bearing 
054[deg] from theCapitol Dome.
    (4) Except in the case of emergency, no vessel shall be 
anchored,without permission of the Superintendent, U.S. Naval Academy, 
in theNaval Academy Drill area described as follows:

[[Page 492]]

    That portion of the Severn River lying to the northeastwardof the 
Naval Academy, bounded on the north by the State Highway Bridgeand on 
the south by the northern limit of the cable and pipeline area,excluding 
that area off the eastern shoreline enclosed by a linebearing 
approximately 131[deg] from the eastern abutment of the StateHighway 
Bridge to the vicinity of Ferry Point. This drill area alsoincludes the 
lower part of Dorseys Creek below the Naval AcademyDrawbridge. Requests 
to anchor in this drill area shall be made to theSuperintendent, U.S. 
Naval Academy.
    (5) The restrictions in this section do not apply to the anchoringor 
marking by buoys of apparatus used for the purpose of takingseafood, 
except within the cable or pipeline area described inparagraph (b)(3) of 
this section.
    (6) The regulations in paragraph (b) of this section shall 
beenforced by the Superintendent, U.S. Naval Academy, and such 
agenciesas he may designate.

[CGFR 68-97, 34 FR 9677, June 20, 1969, as amended byCGD 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 NavalMine Depot, 
beginning at latitude 37[deg]15[min]34[sec], 
longitude76[deg]31[min]25[sec]; thence to latitude 
37[deg]15[min]25[sec],longitude 76[deg]31[min]39.5[sec]; thence to 
latitude37[deg]16[min]21.5[sec], longitude 76[deg]32[min]46[sec]; 
thenceto latitude 37[deg]17[min]07.5[sec], 
longitude76[deg]34[min]17[sec]; thence to latitude 
37[deg]17[min]55[sec],longitude 76[deg]35[min]14.5[sec]; thence to 
latitude37[deg]18[min]05[sec], longitude 76[deg]35[min]01[sec]; thenceto 
latitude 37[deg]17[min]20[sec], longitude76[deg]34[min]07[sec]; thence 
to latitude37[deg]16[min]33.5[sec], longitude 76[deg]32[min]34[sec], 
andthence to the point of beginning.
    (b) The regulations. This anchorage is reserved for theexclusive use 
of naval vessels and except in cases of emergency, noother vessel shall 
anchor therein without permission from the localnaval authorities, 
obtained through the Captain of the Port, Norfolk,Virginia. Movement of 
vessels through the anchorage will not berestricted.



Sec. 110.168  Hampton Roads, Virginia and adjacent waters (Datum: NAD 83).

    (a) Anchorage Grounds--(1) Anchorage A [NavalAnchorage]. The waters 
bounded by the shoreline and a lineconnecting the following points:


Latitude                             Longitude
 
36[deg]55[min]36.2[sec] N            76[deg]02[min]46.3[sec] W
36[deg]57[min]03.3[sec] N            76[deg]03[min]01.4[sec] W
36[deg]56[min]45.5[sec] N            76[deg]01[min]28.8[sec] W
36[deg]55[min]55.7[sec] N            76[deg]01[min]35.7[sec] W
 

    (2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
    (i) Anchorage B [Naval Anchorage]. The waters bounded by aline 
connecting the following points:

Latitude                             Longitude
 
36[deg]57[min]58.5[sec] N            76[deg]06[min]05.8[sec] W
36[deg]57[min]11.5[sec] N            76[deg]03[min]00.9[sec] W
36[deg]55[min]49.3[sec] N            76[deg]03[min]12.8[sec] W
36[deg]56[min]32.3[sec] N            76[deg]06[min]05.8[sec] W
36[deg]57[min]04.5[sec] N            76[deg]06[min]05.8[sec] W
36[deg]57[min]09.0[sec] N            76[deg]06[min]23.3[sec] W
 

    (ii) Anchorage C [Naval Anchorage]. The waters bounded by aline 
connecting the following points:


Latitude                             Longitude
 
36[deg]58[min]55.3[sec] N            76[deg]09[min]40.3[sec] W
36[deg]58[min]19.3[sec] N            76[deg]07[min]16.8[sec] W
36[deg]57[min]27.5[sec] N            76[deg]07[min]36.3[sec] W
36[deg]58[min]04.5[sec] N            76[deg]09[min]58.8[sec] W
 


    (iii) Anchorage D [Naval Anchorage]. The waters bounded bythe 
shoreline and a line connecting the following points:


Latitude                             Longitude
 
36[deg]55[min]49.5[sec] N            76[deg]10[min]31.6[sec] W
36[deg]58[min]04.5[sec] N            76[deg]10[min]00.9[sec] W
36[deg]57[min]31.7[sec] N            76[deg]07[min]53.6[sec] W
36[deg]55[min]24.6[sec] N            76[deg]08[min]27.6[sec] W
 


    (iv) Anchorage E [Commercial Explosives Anchorage]. Thewaters 
bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]59[min]59.2[sec] N            76[deg]13[min]45.8[sec] W
36[deg]59[min]08.7[sec] N            76[deg]10[min]32.6[sec] W
36[deg]58[min]13.5[sec] N            76[deg]10[min]50.6[sec] W
36[deg]59[min]02.5[sec] N            76[deg]14[min]08.9[sec] W
 


    (v) Explosives Handling Berth E-1 [Explosives AnchorageBerth]. The 
waters

[[Page 493]]

bounded by the arc of a circle with aradius of 500 yards and the center 
located at:


Latitude                             Longitude
 
36[deg]59[min]05.5[sec] N            76[deg]11[min]21.8[sec] W
 


    (3) Hampton Roads Anchorages. (i) Anchorage F, HamptonBar. The 
waters bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]59[min]25.5[sec] N            76[deg]20[min]05.8[sec] W
36[deg]59[min]52.1[sec] N            76[deg]19[min]10.8[sec] W
36[deg]59[min]25.7[sec] N            76[deg]18[min]47.3[sec] W
36[deg]58[min]49.6[sec] N            76[deg]19[min]32.6[sec] W
 


    (ii) Anchorage Berth F-1. The waters bounded by thearc of a circle 
with a radius of 500 yards and the center located at:


Latitude                             Longitude
 
36[deg]59[min]29.6[sec] N            76[deg]19[min]13.9[sec] W
 

    (iii) Anchorage G, Hampton Flats (Naval ExplosivesAnchorage). The 
waters bounded by a line connecting the followingpoints:

 
              Latitude                            Longitude
 
36[deg]59[min]25.0[sec] N            76[deg]20[min]07.0[sec] W
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 watersbounded by the arc of 
a circle with a radius of 500 yards and thecenter located at:


Latitude                             Longitude
 
36[deg]57[min]50.5[sec] N            76[deg]21[min]35.8[sec] W
 


    (v) Explosives Handling Berth G-2. The waters boundedby the arc of a 
circle with a radius of 500 yards and the centerlocated at:


Latitude                             Longitude
 
36[deg]58[min]14.5[sec] N            76[deg]21[min]00.3[sec] W
 

    (vi) Explosives Handling Berth G-3. The watersbounded by the arc of 
a circle with a radius of 500 yards and with thecenter 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 watersbounded by the arc of 
a circle with a radius of 500 yards and with thecenter 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 bya line 
connecting the following points:


Latitude                             Longitude
 
36[deg]57[min]38.8[sec] N            76[deg]24[min]18.5[sec] W
36[deg]57[min]52.3[sec] N            76[deg]22[min]29.7[sec] W
36[deg]58[min]07.4[sec] N            76[deg]22[min]01.8[sec] W
36[deg]57[min]31.6[sec] N            76[deg]22[min]00.6[sec] W
36[deg]57[min]18.7[sec] N            76[deg]24[min]10.1[sec] W
 


    (4) James River Anchorages. (i) Anchorage I, NewportNews. The waters 
bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]58[min]49.0[sec] N            76[deg]27[min]09.8[sec] W
36[deg]58[min]35.9[sec] N            76[deg]26[min]37.2[sec] W
36[deg]57[min]52.2[sec] N            76[deg]26[min]01.6[sec] W
36[deg]57[min]31.1[sec] N            76[deg]25[min]33.3[sec] W
36[deg]57[min]07.2[sec] N            76[deg]24[min]43.1[sec] W
36[deg]56[min]23.1[sec] N            76[deg]24[min]26.8[sec] W
36[deg]56[min]03.5[sec] N            76[deg]24[min]35.8[sec] W
36[deg]57[min]54.2[sec] N            76[deg]26[min]40.3[sec] W
36[deg]58[min]23.5[sec] N            76[deg]27[min]09.8[sec] W
 


    (ii) Anchorage Berth I-1. The waters bounded by thearc of a circle 
with a radius of 400 yards and the center located at:


Latitude                             Longitude
 
36[deg]57[min]09.0[sec] N            76[deg]25[min]20.4[sec] W
 

    (iii) Anchorage Berth I-2. The waters bounded by thearc of a circle 
with a radius of 400 yards and with the center locatedat:

 
              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 watersbounded by a 
line connecting the following points:

[[Page 494]]



 
              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 watersbounded 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 thearc of a circle 
with a radius of 400 yards and with the center locatedat:

 
              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 thearc of a circle 
with a radius of 400 yards and with the center locatedat:

 
              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 watersbounded 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, PortNorfolk. The 
waters bounded by a line connecting the followingpoints:

 
              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 aline 
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 knownas ``The 
Hague'', north of the Brambleton Avenue Bridge,except for the area 
within 100 feet of the bridge span that providesaccess to and from the 
Elizabeth River.
    (6) Anchorage Q. Quarantine Anchorage. The waters bounded bya 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 thearc of a circle 
with a radius of 500 yards and with the center locatedat:

 
              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 thearc 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.

[[Page 495]]

    Dangerous cargo means ``certain dangerouscargo'' 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 vesselunder construction 
for the U.S. Navy, once launched into the water;and any vessel under the 
operational control of the U.S. Navy or aCombatant Command.
    (c) General regulations. (1) Except as otherwise provided,this 
section applies to vessels over 20 meters long and vesselscarrying or 
handling dangerous cargo or Class 1 (explosive) materialswhile anchored 
in an anchorage ground described in this section.
    (2) Except as otherwise provided, a vessel may not occupy 
ananchorage for more than 30 days, unless the vessel obtains 
permissionfrom the Captain of the Port.
    (3) Except in an emergency, a vessel that is likely to sink 
orotherwise become a menace or obstruction to navigation or to 
theanchoring of other vessels, may not occupy an anchorage, unless 
thevessel obtains permission from the Captain of the Port.
    (4) The Captain of the Port may, upon application, assign a vesselto 
a specific berth within an anchorage for a specified period oftime.
    (5) The Captain of the Port may grant a revocable permit to avessel 
for a habitual use of a berth. Only the vessel that holds therevocable 
permit may use the berth during the period that the permitis in effect.
    (6) The Commander, Fifth Coast Guard District, may authorize 
theestablishment and placement of temporary mooring buoys within a 
berth.Placement of a fixed structure within an anchorage may be 
authorizedby the District Engineer, U.S. Army Corps of Engineers.
    (7) If an application is for the long-term lay up of a vessel, 
theCaptain of the Port may establish special conditions in the 
permitwith which the vessel must comply.
    (8) Upon notification by the Captain of the Port to shift 
itsposition within an anchorage, a vessel at anchor must get underway 
atonce or signal for a tug. The vessel must move to its new 
locationwithin 2 hours after notification.
    (9) The Captain of the Port may prescribe specific conditions 
forvessels 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 oftugs, and requirements for maintaining communications guards 
onselected radio frequencies.
    (10) A vessel that does not have a sufficient crew on board toweigh 
anchor at any time must have two anchors in place, unless theCaptain of 
the Port waives this requirement. Members of the crew maynot be released 
until the required anchors have been set.
    (11) No vessel at anchor or at a mooring within an anchorage 
maytransfer oil to another vessel unless the vessel has given the 
Captainof the Port the four hours advance notice required bySec. 
156.118 of this title.
    (12) Barges may not anchor in the deeper portions of anchorages 
orinterfere with the anchoring of deep-draft vessels.
    (13) Barges towed in tandem to an anchorage must be nestedtogether 
when anchored.
    (14) Any vessel anchored or moored in an anchorage adjacent to 
theChesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel 
(MMBT)must be capable of getting underway within 30 minutes with 
sufficientpower to keep free of the bridge tunnel complex.
    (15) A vessel may not anchor or moor in an anchorage adjacent tothe 
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 dangerouscargoes or 
Class 1 (explosive) materials. This paragraph applies toevery vessel, 
except a naval vessel, handling or carrying dangerouscargoes or Class 1 
(explosive) materials.
    (1) Unless otherwise directed by the Captain of the Port, 
eachcommercial vessel handling or carrying dangerous cargoes or Class 
1(explosive) materials must be anchored or moored within AnchorageBerth 
E-1.

[[Page 496]]

    (2) Each vessel, including each tug and stevedore boat, usedfor 
loading or unloading dangerous cargoes or Class 1 (explosive)materials 
in an anchorage, must have permission issued by the Captainof the Port.
    (3) The Captain of the Port may require every person havingbusiness 
aboard a vessel handling or carrying dangerous cargoes orClass 1 
(explosive) materials while in an anchorage, other than amember of the 
crew, to hold a form of valid identification.
    (4) Each person having business aboard a vessel handling orcarrying 
dangerous cargoes or Class 1 (explosive) materials while inan anchorage, 
other than a member of the crew, must present theidentification 
prescribed by paragraph (d)(3) of this section to anyCoast Guard 
boarding officer who requests it.
    (5) Each non-self-propelled vessel handling or carrying 
dangerouscargoes or Class 1 (explosive) materials must have a tug in 
attendanceat all times while at anchor.
    (6) Each vessel handling or carrying dangerous cargoes or Class 
1(explosive) materials while at anchor must display 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, militarysupport vessel, or vessel in an 
emergency situation, a vessel may notanchor in Anchorages A, B, C, or D 
without the permission of theCaptain of the Port. The Captain of the 
Port must consult with theCommander, Naval Amphibious Base Little Creek, 
before granting avessel permission to anchor in Anchorages A, B, C, or 
D.
    (2) Anchorage E. (i) A vessel may not anchor in Anchorage Ewithout 
permission from the Captain of the Port.
    (ii) The Captain of the Port must give commercial vessels 
priorityover naval and public vessels.
    (iii) The Captain of the Port may at any time revoke permission 
toanchor 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, unlessit is 
handling or carrying dangerous cargoes or Class 1 (explosive)materials.
    (v) A vessel may not anchor within 500 yards of Anchorage BerthE-1 
without the permission of the Captain of the Port, if theberth is 
occupied by a vessel handling or carrying dangerous cargoesor Class 1 
(explosive) materials.
    (3) Anchorage F. A vessel having a draft less than 45 feetmay not 
anchor in Anchorage F without the permission of the Captain ofthe Port. 
No vessel may anchor in Anchorage F for a longer period than72 hours 
without permission from the Captain of the Port. Vesselsexpecting to be 
at anchor for more than 72 hours must obtainpermission from the Captain 
of the Port.
    (4) Anchorage G. (i) Except for a naval vessel, a vessel maynot 
anchor in Anchorage G without the permission of the Captain of thePort.
    (ii) When handling or transferring Class 1 (explosive) materialsin 
Anchorage G, naval vessels must comply with Department of 
DefenseAmmunition and Explosives Safety Standards, or the standards in 
thissection, whichever are the more stringent.
    (iii) When barges and other vessels are berthed at the 
AmmunitionBarge Mooring Facility, located at latitude 
36[deg]58[min]34[sec]N, longitude 76[deg]21[min]12[sec] W., no other 
vessel, except avessel that is receiving or offloading Class 1 
(explosive) materials,may anchor within 1,000 yards of the Ammunition 
Barge MooringFacility. Vessels transferring class 1 (explosive) 
materials mustdisplay by day a red flag (Bravo flag) in a prominent 
location and bynight a fixed red light.
    (iv) Whenever a vessel is handling or transferring Class 
1(explosive) materials while at anchor in Anchorage G, no other 
vesselmay anchor in Anchorage G without the permission of the Captain of 
thePort. The Captain of the Port must consult with the Commander, 
NavalStation Norfolk, before granting a vessel permission to anchor 
inAnchorage G.
    (v) A vessel located within Anchorage G may not handle or 
transferClass 1 (explosive) materials within 400 yards of Norfolk 
HarborEntrance Reach.

[[Page 497]]

    (vi) A vessel may not handle or transfer Class 1 
(explosive)materials within 850 yards of another anchored vessel, unless 
theother 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 30feet or less may not 
anchor in Anchorage Berth I-1 orI-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 30feet or less may not 
anchor in Anchorage Berth K-1 orK-2 without the permission of the 
Captain of the Port.
    (7) Anchorage N. Portions of this anchorage are a specialanchorage 
area under Sec. 110.72aa of this part duringmarine events regulated 
under Sec. 100.501 of this chapter.
    (8) Anchorage O. (i) A vessel may not anchor in Anchorage Ounless it 
is a recreational vessel.
    (ii) No float, raft, lighter, houseboat, or other craft may belaid 
up for any reason in Anchorage O without the permission of theCaptain of 
the Port.
    (9) Anchorage Q: Quarantine Anchorage. (i) A vessel that isarriving 
from or departing for sea and that requires an examination bypublic 
health, customs, or immigration authorities shall anchor inAnchorage Q. 
Vessels not needing examination may use Anchorage Q atany time.
    (ii) Every vessel using Anchorage Q must be prepared to movepromptly 
under its own power to another location when directed by theCaptain of 
the Port, and must promptly vacate Anchorage Q after beingexamined and 
released by authorities.
    (iii) Any non-self-propelled vessel using Anchorage Q must have 
atugboat in attendance while undergoing examination by 
quarantine,customs, or immigration authorities, except with the 
permission of theCaptain of the Port.

[CGD05-04-043, 70 FR 29955, May 25, 2005, asamended by USCG-2008-0041, 
73 FR 5746, Jan. 31, 2008]



Sec. 110.170  Lockwoods Folly Inlet, N.C.

    (a) Explosives Anchorage. Beginning at a point southeast ofShallotte 
Inlet at latitude 33[deg]52[min]31[sec], longitude78[deg]18[min]49[sec]; 
thence south to latitude33[deg]51[min]31[sec], longitude 
78[deg]18[min]42[sec]; thenceeast to latitude 33[deg]51[min]51[sec], 
longitude78[deg]14[min]35[sec]; thence north to 
latitude33[deg]52[min]52[sec], longitude 78[deg]14[min]40[sec]; 
thencewest to the point of beginning.
    (b) General regulations. (1) This anchorage is reserved forthe 
exclusive use of vessels carrying explosives.
    (2) Vessels in this anchorage shall not anchor closer than 
1,500yards to one another. This provision is not intended to 
prohibitbarges or lighters from lying alongside vessels for transfer of 
cargo.
    (3) The maximum quantity of explosives aboard any vessel that maybe 
in this anchorage is 8,000 tons.
    (4) Nothing in this section shall be construed as relieving 
theowner, master, or person in charge of any vessel from the penalties 
ofthe law for obstructing navigation or for not complying with 
thenavigation 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 AnchorageA. This anchorage 
is located adjacent to the western edge of FollyIsland Channel and 
southwest of Rebellion Reach and is bounded by thefollowing 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.; thenceback to
32[deg]45[min]34[sec] N., 79[deg]52[min]12[sec] W.

    (2) Commercial Anchorage B. This anchorage is locatedadjacent to the 
south side of South Channel and bounded by thefollowing 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.; thenceback to
32[deg]45[min]28[sec] N., 79[deg]53[min]40[sec] W.

    (3) Commercial Anchorage C. This anchorage is located 1800yards, 
118[deg] true from St. Michaels Church Spire and has adiameter of 500 
yards. Vessels

[[Page 498]]

using this anchorage must anchorin the center.
    (4) Commercial Anchorage D. This anchorage is located51[deg]30[min] 
true, 1375 yards from St. Michaels Church Spire andhas a diameter of 
1400 feet. The use of this anchorage is limited toloaded 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 bybroken 
lines marking their boundaries on NOAA Chart 11524. Vesselsmust be 
anchored in such a way as not to interfere with the freenavigation of 
channels in the port, including Cooper, Ashley, WandoRivers, and Town 
Creek, nor to obstruct the approach to any pier orentrance to any slip, 
nor to impede the movement of any vessel orcraft.
    (2) Vessels using the anchorages opposite the eastern waterfrontof 
Charleston shall place their anchors as near as possible in thecenter of 
the anchorage. Vessels not using a designated commercialanchorage shall 
not place their anchors within the main ship channels,nor shall be so 
anchored as to swing within 400 feet of any wharf orpier on the eastern 
waterfront of Charleston. Vessels may be soanchored as to swing into the 
main ship channels only if they are soplaced with reference to the 
customary winds, tides, and currents ofthe harbor, as to swing only 
during slack water, and that during thisperiod there shall remain in the 
waters adjacent to the channel anarea of sufficient depth as to permit 
the safe passage of loadedvessels.
    (3) No vessel may anchor within the designated anchorages for 
morethan 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 positionplot.
    (5) If any anchored vessel is so close to another that a collisionis 
probable, each vessel must communicate with the other vessel andthe 
Captain of the Port on Channel 16 FM and shall act to eliminatethe close 
proximity situation.
    (6) No vessel may anchor unless it maintains the capability to 
getunderway within 4 hours.
    (7) No vessel may anchor in a ``dead ship'' status(propulsion or 
control unavailable for normal operations) without theprior approval of 
the Captain of the Port.
    (8) Dragging of anchors in or across main ship channels and 
cableareas is prohibited.
    (9) Vessels which, through force of great emergency, are 
anchoredcontrary to the foregoing regulations in this section shall be 
shiftedto new berths in accordance with such regulations at the 
earliestopportunity.
    (10) A vessel, upon notification from the Captain of the Port 
toshift its position in anchorage grounds must get underway at once 
orsignal for a tug, and must change position as directed with 
reasonablepromptness.
    (11) No vessel may conduct lightering operations in an 
anchoragewithout 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 Portdirects 
them.
    (13) Nothing in this section shall be construed as relieving 
theowner or person in charge of any vessel from the penalties of law 
forobstructing navigation, or for obstructing or interfering with 
rangelights, or for not complying with the navigation laws in regard 
tolights, 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 Riverbeginning at a 
point on the mean low water line 400 feet south ofBrady Boat Works, 
thence 76[deg]30[min], 300 feet to a buoy; thence152[deg]30[min], 900 
feet to a buoy; thence 251[deg]00[min], 450feet 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 ofBarbee's 
dock and southward to Day Marker 48 except in the

[[Page 499]]

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 beanchored 
where it can swing within 50 feet of any lawfully constructedwharf or 
within 50 feet of the mean low water line, nor shall anyvessel be so 
anchored that any portion of the hull or rigging shall atany time extend 
outside the boundary of the anchorage area.
    (3) Any vessel anchoring under circumstances of great 
emergencyoutside the anchorage area should be placed in such a position 
as notto interfere with the free navigation of the channel nor obstruct 
theapproach to any lawfully constructed wharf nor impede the movement 
ofany boat, and shall move away immediately after the emergency ceasesor 
upon notification of the District Commander.
    (4) No vessels with an overall length greater than 65 feet willuse 
the anchorage area except in cases of great emergency.
    (5) Vessels operating within the anchorage area will not exceed 
aspeed of five (5) miles per hour.



Sec. 110.182  Atlantic Ocean off Fort George Inlet, near Mayport, Fla.

    (a) The Anchorage areas--(1) Anchorages foraircraft carriers and 
other deep draft vessels. Four circular areaseach with a radius of 600 
yards and with their centers located at:``A''--latitude 
30[deg]25[min]35[sec], longitude81[deg]21[min]23[sec]; ``B''--
latitude30[deg]26[min]13[sec], longitude 81[deg]21[min]13[sec];``C''--
latitude 30[deg]26[min]19[sec], longitude81[deg]20[min]27[sec]; ``D''--
latitude30[deg]26[min]55[sec], longitude 81[deg]20[min]47[sec].
    (2) Anchorages for destroyers and other ships of similarsize. Six 
circular areas each with a radius of 300 yards and withtheir centers 
located at: ``1''--latitude30[deg]24[min]38[sec]; longitude 
81[deg]21[min]57[sec];``2''--latitude 30[deg]24[min]57[sec], 
longitude81[deg]21[min]58[sec]; ``3''--latitude30[deg]24[min]56[sec], 
longitude 81[deg]21[min]38[sec];``4''--latitude 30[deg]25[min]13[sec], 
longitude81[deg]22[min]05[sec]; ``5''--latitude30[deg]25[min]13[sec], 
longitude 81[deg]21[min]43[sec];``6''--latitude 30[deg]25[min]07[sec], 
longitude81[deg]21[min]24[sec].
    (3) Explosives anchorage. The circular area``A'' described in 
paragraph (a)(1) of this section isalso designated as an explosives 
anchorage for use during periods whenammunition must be handled outside 
the limits of the U.S. NavalStation, Mayport, Fla.
    (b) The regulations for all designated areas. (1) Usage ofthese 
areas by naval vessels shall predominate only when necessary formilitary 
requirements; at such times other vessels shall remain clearof the 
areas.
    (2) Prudent assignment of the anchorage areas shall be made by 
theCommanding Officer, U.S. Naval Station, Mayport, Fla.
    (c) Additional regulations for Explosives Anchorage Area``A''. (1) 
When occupied by a vessel handlingexplosives, no other vessel may enter 
the area unless authorized bythe enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area atone 
time. A patrol craft shall be utilized to assure that othervessels 
remain clear when explosives are exposed or being transferredto and from 
the anchorage.
    (3) No more than 500,000 pounds net high explosives or equivalentmay 
be exposed in the area at any one time.
    (d) The regulations in this section shall be enforced by 
theCommanding Officer, U.S. Naval Station, Mayport, Fla., or 
otheragencies 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 followingcoordinates, the area 
enclosed by a line starting at the south shorewesterly 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 isestablished 
within the following coordinates, the area enclosed by aline 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

[[Page 500]]

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, onlyvessels 
meeting the conditions and restrictions of this paragraph willbe 
authorized by the Captain of the Port to anchor in the St. JohnsRiver, 
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 thefollowing 
conditions and restrictions must obtain specificauthorization from the 
Captain of the Port prior to anchoring inAnchorage A or B.
    (2) All vessels intending to enter and anchor in Anchorage A or 
Bshall 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 formore than 24 hours in either anchorage without specific 
writtenauthorization from the Captain of the Port.
    (4) All vessels at anchor must maintain a watch on VHF-FM channels13 
and 16 by a person fluent in English, and shall make a securitybroadcast 
on channel 13 upon anchoring and every 4 hours thereafter.
    (5) Anchorage A is restricted to vessels less than 250 feet 
inlength.
    (6) Anchorage B is restricted to vessels with a draft of 24 feetor 
less, regardless of length.
    (7) Any vessel transferring petroleum products within Anchorage 
Bshall have a pilot or Docking Master aboard, and employ 
sufficientassist tugs to assure the safety of the vessel at anchor and 
anyvessels transiting the area.
    (8) Any vessel over 300 feet in length within Anchorage B shallhave 
a Pilot or Docking Master aboard, and employ sufficient assisttugs to 
assure the safety of the vessel at anchor and any vesselstransiting the 
area.

[CGD07-93-035, 60 FR 14220, Mar. 16, 1995, asamended 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 lyingwithin 
an area bounded by a line beginning at latitude26[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., longitude80[deg]01[min]30[sec] W.; thence 
southerly to latitude26[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., longitude80[deg]01[min]12[sec] W.; and thence 
northerly to the point ofbeginning.
    (2) Anchorage B. The waters lying within an area bounded by a 
linebeginning at latitude 26[deg]45[min]06[sec] N., 
longitude80[deg]01[min]12[sec] W.; thence westerly to 
latitude26[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., 
longitude80[deg]01[min]42[sec] W.; thence easterly to 
latitude26[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 
LakeWorth Inlet awaiting berthing space at the Port of Palm Beach, 
shallonly anchor within the anchorage areas hereby defined and 
established,except in cases of great emergency.
    (2) Vessels anchoring under circumstances of great emergencyoutside 
the anchorage areas shall be shifted to new positions withinthe 
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. The anchorage grounds, the center ofwhich 
is located approximately two and one half miles northeast of theentrance 
to Port Everglades, is an area bounded by a line connectingpoints with 
the following North American Datum 83 coordinates:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
26-08[min]26.934[sec] N...................  080-04[min]28.240[sec]W
26-08[min]08.560[sec] N...................  080-04[min]16.158[sec]W
26-07[min]56.000[sec] N...................  080-04[min]17.486[sec]W
26-07[min]56.000[sec] N...................  080-02[min]42.623[sec]W
26-07[min]19.500[sec] N...................  080-02[min]53.153[sec]W
26-07[min]19.500[sec] N...................  080-04[min]28.800[sec]W
26-06[min]35.160[sec] N...................  080-04[min]28.800[sec]W
26-06[min]35.160[sec] N...................  080-04[min]38.694[sec]W
26-08[min]26.934[sec] N...................  080-04[min]28.240[sec]W
------------------------------------------------------------------------

    (b) The regulations. (1) Commercial vessels in the AtlanticOcean in 
the vicinity of Port Everglades shall anchor only within theanchorage 
area hereby defined and established, except in cases ofemergency.

[[Page 501]]

    (2) Prior to entering the anchorage area, all vessels shallnotify 
the Coast Guard Captain of the Port, via the Port 
EvergladesHarbormaster, on VHF-FM Channel 14.
    (3) All vessels within the designated anchorage area shallmaintain a 
24-hour bridge watch by a licensed deck officer proficientin English, 
monitoring VHF-FM channel 16. This individual shallconfirm that the 
ship's crew performs frequent checks of the vessel'sposition to ensure 
the vessel is not dragging anchor.
    (4) Vessels may anchor anywhere within the designated anchoragearea 
provided that: such anchoring does not interfere with theoperations of 
any other vessels currently at anchorage; and all anchorand chain or 
cable is positioned in such a manner to preclude draggingover reefs.
    (5) No vessel may anchor in a ``dead ship'' status(i.e. propulsion 
or control unavailable for normal operations)without the prior approval 
of the Captain of the Port. Vesselsexperiencing casualties such as a 
main propulsion, main steering oranchoring equipment malfunction or 
which are planning to perform mainpropulsion engine repairs or 
maintenance, shall immediately notify theCoast Guard Captain of the Port 
via Coast Guard Sector Miami onVHF-FM Channel 16.
    (6) No vessel may anchor within the designated anchorage for 
morethan 72 hours without the prior approval of the Captain of the 
Port.To obtain this approval, contact the Coast Guard Captain of the 
Port,via the Port Everglades Harbor Master, on VHF-FM Channel 14.
    (7) The Coast Guard Captain of the Port may close the anchoragearea 
and direct vessels to depart the anchorage during periods ofadverse 
weather or at other times as deemed necessary in the interestof port 
safety or security.
    (8) Commercial vessels anchoring under emergency 
circumstancesoutside the anchorage area shall shift to new positions 
within theanchorage area immediately after the emergency ceases.
    (9) Whenever the maritime or commercial interests of the 
UnitedStates so require, the Captain of the Port, U.S. Coast Guard, 
Miami,Florida, may direct relocation of any vessel anchored within 
theanchorage area. Once directed, such vessel must get underway at 
onceor signal for a tug, and must change position as directed.

[CGD 07-91-060, 58 FR 36356, July 7, 1993, asamended by CGD 07-99-003, 
64 FR 20177, Apr. 26, 1999;USCG-2006-25556, 72 FR 36328, July 2, 
2007;USCG-2007-0036, 73 FR 6610, Feb. 5, 2008]



Sec. 110.188  Atlantic Ocean off Miami and Miami Beach, Fla.

    (a) The anchorage grounds. The area to the eastward of aline bearing 
12[deg] (N. 12[deg] E.) through a point X, which is1\1/2\ nautical miles 
due east of the intersection of the Miami Beachshore line with the north 
jetty; to the northward of a line bearing102[deg] (S. 78[deg] E.) and 
intersecting the 12[deg] line at apoint A, one-half nautical mile north 
of the said point X; and to thesouthward of a line bearing 102[deg] (S. 
78[deg] E.) andintersecting the 12[deg] line at a point B, 2\1/2\ 
nautical milesnorth of the said point X. The northern and southern 
extremities ofthe 12[deg] line are marked by spar buoys. The entire 
anchorage arealies north of the entrance channel to Miami Harbor.
    (b) The rules and regulations. (1) Except in cases of 
greatemergency, no vessel shall be anchored in the Atlantic Ocean in 
thevicinity of the entrances to the approach channels leading to 
thecities of Miami Beach and Miami, Fla., outside of the anchorage 
areahereby defined and established--that is, they shall not 
anchorshoreward of the line first named nor southward of the second 
nornorthward of the third line--but may anchor as far to theeastward as 
may be desired.
    (2) Any vessel anchoring under circumstances of great 
emergencyoutside of the anchorage area shall be shifted to new berths 
withinthe area immediately after the emergency ceases.
    (3) All vessels shall lie at anchor with as short a cable 
asconditions will permit.
    (4) A vessel upon being notified to move into the anchorage limitsor 
to shift its position on the anchorage ground must get under way atonce 
or signal for a tug, and must change position as directed withreasonable 
promptness.
    (5) Whenever the maritime or commercial interests of the 
UnitedStates

[[Page 502]]

so require, the Captain of the Port, U.S. Coast Guard,Miami, Fla., is 
hereby empowered to shift the position of any vesselanchored on the 
anchorage ground or outside thereof, or of any vesselmoored or anchored 
so as to impede or obstruct vessel movements orobstruct or interfere 
with range lights.
    (6) Vessels carrying explosives shall be anchored only under 
awritten permit issued by the Captain of the Port and at such point ashe 
may direct.
    (7) Vessels carrying explosives shall be at all times in charge ofa 
competent person, and must display by day a red flag, of not lessthan 16 
square feet, at the masthead, or not less than 10 feet abovethe upper 
deck if the vessel has no mast; at night a red light shallbe displayed 
in the positions specified for the red flag.
    (8) Nothing in this paragraph shall be construed as relieving 
theowner or person in charge of any vessel from the penalties of the 
lawfor obstructing navigation, or for obstructing or interfering 
withrange lights, or for not complying with the navigation laws in 
regardto lights, fog signals, or other aids to navigation, or for 
otherwiseviolating law.
    (9) All vessels desiring to use the Anchorage must notify theCoast 
Guard Captain of the Port, via the Biscayne Bay Pilots on VHF-FMChannel 
12 or 16.
    (10) All vessels anchored within the anchorage area shall maintaina 
24-hour bridge watch by an English speaking licensed deck 
officermonitoring VHF-FM Channel 16. This individual shall perform 
frequentchecks of the vessel's position to ensure the vessel is not 
dragginganchor.
    (11) Vessels experiencing casualties such as a main propulsion,main 
steering or anchoring equipment malfunction or which are planningto 
perform main propulsion engine repairs or maintenance, shallimmediately 
notify the Coast Guard Captain of the Port via the CoastGuard Sector 
Miami on VHF-FM Channel 16.
    (12) The Coast Guard Captain of the Port may close the anchoragearea 
and direct vessels to depart the anchorage during periods ofadverse 
weather or at other times as deemed necessary in the interestof port 
safety.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD07-99-002, 64 
FR 22554, Apr. 27, 1999;USCG--2006-25556, 72 FR 36328, July 2, 2007]



Sec. 110.189a  Key West Harbor, Key West, Fla., naval explosives anchorage area.

    (a) The anchorage ground. A circular area with its center atlatitude 
24[deg]30[min]50.6[sec], longitude81[deg]50[min]31.6[sec] with a radius 
of 300 yards, for use forammunition exceeding the prescribed limits for 
pier-side handling.
    (b) The regulations. (1) When occupied by a vessel 
handlingexplosives, no other vessel may enter the area unless authorized 
bythe enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area atone 
time.
    (3) No more than 300,000 pounds net of high explosives orequivalent 
may be handled in the area at any one time.
    (4) The regulations in this section shall be enforced by 
theCommander, U.S. Naval Base, Key West, Fla., and any other agencies 
hemay designate.



Sec. 110.190  Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.

    (a) The anchorage grounds. All of Bird Key Harbor, southwestof 
Garden Key, bounded by the surrounding reefs and shoals and, on 
thenortheast, by a line extending from Fort Jefferson West 
ChannelDaybeacon 2 to Fort Jefferson West Channel Daybeacon 4, thence to 
FortJefferson West Channel Daybeacon 6, and thence to Fort Jefferson 
WestChannel Daybeacon 8.
    (b) The regulations. Except in cases of emergency involvingdanger to 
life or property, no vessel engaged in commercial fishing orshrimping 
shall anchor in any of the channels harbors, or lagoons inthe 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 anchorageeast of Mullet 
Key. A rectangular area in Tampa Bay, approximately4,459 yards long and 
1,419 yards wide, beginning at latitude

[[Page 503]]

27[deg]38[min]30[sec], longitude 82[deg]39[min]09[sec], andextending 
northeasterly to latitude 27[deg]39[min]48[sec],longitude 
82[deg]37[min]15[sec]; thence southeasterly to 
latitude27[deg]39[min]17[sec], longitude 82[deg]36[min]46[sec]; 
thencesouthwesterly to latitude 27[deg]37[min]52[sec], 
longitude82[deg]38[min]38[sec]; thence northwesterly to the point 
ofbeginning.
    (2) Temporary explosives anchorage south of InterbayPeninsula. 
Beginning at a point bearing 107[deg], 1,750 yards fromCut ``F'' Range 
Front Light; thence to a point bearing125[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 bearing222[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 ofbeginning.
    (3) Temporary explosives anchorage off Port Tampa. Acircular area 
with a radius of 200 yards with the point at 
latitude27[deg]50[min]22[sec], longitude 82[deg]34[min]15[sec].
    (4) Quarantine Anchorage. Southeast of the temporaryexplosive 
anchorage, beginning at a point bearing 97[deg] true, 4,370yards, from 
Cut ``F'' Range Front Light; thence to a pointbearing 113[deg]30[min], 
5,370 yards, from Cut ``F''Range Front Light; thence to a point bearing 
161[deg]30[min], 3,770yards, from Cut ``F'' Range Front Light; thence to 
a pointbearing 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 feetwest of 
Cut ``D'' Channel at a point beginning at latitude27[deg]54[min]34[sec], 
longitude 82[deg]26[min]35[sec]; thencenortherly 1,000 feet to latitude 
27[deg]54[min]43[sec], longitude82[deg]26[min]40[sec]; thence westerly 
500 feet to latitude27[deg]54[min]41[sec], longitude 
82[deg]26[min]45[sec]; thencesoutherly 1,000 feet to latitude 
27[deg]54[min]32[sec], longitude82[deg]26[min]40[sec]; thence easterly 
500 feet to the point ofbeginning.

    Note: This area is reserved for transient barges only.Barges shall 
not occupy this anchorage for a period longer than 96hours unless 
permission is obtained from the Captain of the Port forthis purpose.

    (b) The regulations. (1) The explosives anchorage east ofMullet Key 
shall be used by vessels awaiting loading or unloading atPort Tampa that 
have explosives actually on board and where theduration of anchorage 
will exceed 72 hours.
    (2) The temporary explosives anchorages south of InterbayPeninsula 
and off Port Tampa shall be used for vessels engaged inloading 
explosives when the duration of the anchorage is less than 72hours.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGFR 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 AnchorageArea 1. A 
rectangular area 3,000 yards long by 700 yards widebeginning at a point 
1,350 yards west of U.S. Highway 98 Bridge overGulf County Canal. The 
area is parallel to and 450 yards northeast ofthe 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 latitude29[deg]47[min]30[sec]; 
longitude 85[deg]21[min]30[sec], 3,100yards southeast of FW South 
Channel Light and 5,250 yards south of FWNorth Channel Light, in St. 
Joseph Bay, Port St. Joe, Florida.
    (b) The regulations. (1) The explosives anchorage areasshall be used 
as temporary anchorage for vessels engaged in loadingand unloading 
explosives at the port of Port St. Joe, Florida, whenthe duration of the 
anchorage period is less than 96 hours.
    (2) No vessel shall occupy this anchorage without obtaining apermit 
from the Captain of the Port.



Sec. 110.194  Mobile Bay, Ala., at entrance.

    (a) The anchorage grounds. The waters within a radius of 750yards 
from a point located 1,000 yards true north from Fort MorganLight.
    (b) The regulations. (1) This anchorage shall be used byvessels 
loading or discharging high explosives. It shall also be usedby vessels 
carrying dangerous or inflammable cargoes requiring ananchorage. It may 
be used for a general anchorage when not requiredfor vessels carrying 
explosives or dangerous or inflammable cargoes.
    (2) No vessel shall occupy this anchorage without obtaining apermit 
from the Captain of the Port.

[[Page 504]]



Sec. 110.194a  Mobile Bay, Ala., and Mississippi Sound, Miss.

    (a) The anchorage grounds. (1) The waters of lower MobileBay, near 
Cedar Point, within an area bounded on the north by 
latitude30[deg]21[min]00[sec], on the east by 
longitude88[deg]05[min]00[sec], on the south by 
latitude30[deg]20[min]00[sec], and on the west by 
longitude88[deg]06[min]00[sec].
    (2) The waters of Mississippi Sound, south of Biloxi, within anarea 
bounded on the north by latitude 30[deg]20[min]00[sec], on theeast by 
longitude 88[deg]54[min]00[sec], on the south by 
latitude30[deg]19[min]00[sec], and on the west by 
longitude88[deg]55[min]00[sec].
    (b) The regulations. (1) The anchorages are exclusively forthe use 
of unmanned barges, canal boats, scows, and other nondescriptvessels. 
Such craft shall be so anchored that they will not at anytime extend 
outside the limits of the anchorages.
    (2) In emergencies or whenever maritime or commercial interests 
ofthe United States so require, the Captain of the Port is authorized 
toshift the position of any craft in the anchorages.
    (3) Whenever in the opinion of the Captain of the Port, suchaction 
may be necessary, any or all craft in these anchorages may berequired to 
be moored with two or more anchors.
    (4) No vessel shall be navigated within the anchorages at a 
speedexceeding six knots.



Sec. 110.194b  Mississippi Sound and Gulf of Mexico, near Petit Bois Island,Miss.

    (a) The anchorage grounds--(1) Explosives AnchorageArea No. 1. A 
circular area with a one-half mile radius with itscenter located at 
latitude 30[deg]14[min]09[sec], longitude88[deg]29[min]13[sec], in the 
waters of Mississippi Sound north ofthe west end of Petit Bois Island.
    (2) Explosives Anchorage Area No. 2. A circular area with athree-
fourths mile radius with its center located at 
latitude30[deg]11[min]12[sec], longitude 88[deg]30[min]07[sec], in 
thewaters of Gulf of Mexico south of the west end of Petit Bois Island.
    (b) The regulations. (1) The areas shall be used astemporary 
anchorages for vessels engaged in loading and unloadingexplosives at the 
Port of Pascagoula, Miss.
    (2) No vessel shall occupy the areas without obtaining a permitfrom 
the Captain of the Port.



Sec. 110.195  Mississippi River below Baton Rouge, LA, including South andSouthwest Passes.

    (a) The Anchorage Grounds. Unless otherwise specified, allanchorage 
widths are measured from the average low water plane (ALWP).
    (1) Pilottown Anchorage. An area 5.2 miles in length alongthe right 
descending bank of the river from mile 1.5 to mile 6.7 aboveHead of 
Passes, extending in width to 1600 feet from the leftdescending bank of 
the river.

    Caution: A wreck is located within the boundaries of thisanchorage. 
Mariners are urged to use caution in this anchorage.

    (2) Lower Venice Anchorage. An area 1.6 miles in lengthalong the 
left descending bank of the river from mile 8.0 to mile 9.6above Head of 
Passes with the west limit 1,200 feet from the ALWP ofthe 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 10.0AHOP.

    (3) Upper Venice Anchorage. An area 1.2 miles in lengthalong the 
left descending bank of the river from mile 10.0 to mile11.2 above Head 
of Passes with the west limit 1,200 feet from the ALWPof the right 
descending bank.
    (4) Boothville Anchorage. An area 5.5 miles in length alongthe right 
descending bank of the river extending from mile 13.0 tomile 18.5 above 
Head of Passes. The width of the anchorage is 750feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 250 feet 
from the water's edge into the river as measuredfrom the Low Water 
Reference Plane (LWRP). The outer boundary of theanchorage is a line 
parallel to the nearest bank 1,000 feet from thewater's edge into the 
river as measured from the LWRP.
    (5) Ostrica Anchorage. An area 1.4 miles in length along theright 
descending bank of the river extending from mile 23.0 to mile24.4 above 
Head of Passes. The width of the anchorage is 800 feet.
    (6) Port Sulphur Anchorage. An area 2.2 miles in lengthalong the 
left descending bank of the river, 800 feet

[[Page 505]]

wide,extending from mile 37.5 to mile 39.7 above Head of Passes.
    (7) Magnolia Anchorage. An area 2.1 miles in length alongthe right 
descending bank of the river extending from mile 45.5 tomile 47.6 above 
Head of Passes. The width of the anchorage is 700feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 400 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 1,100 
feet from the water's edge into the river asmeasured from the LWRP.
    (8) Point Celeste Anchorage. An area 2.2 miles in lengthalong the 
right descending bank of the river extending from mile 49.8to mile 52.0 
above Head of Passes. The width of the anchorage is 400feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 400 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 800 feet 
from the water's edge into the river asmeasured from the LWRP.
    (9) Davant Anchorage. An area 1.1 miles in length along theleft 
descending bank of the river extending from mile 52.8 to mile53.9 above 
Head of Passes. The width of the anchorage is 800 feet.
    (10) Alliance Anchorage. An area 2.0 miles in length alongthe right 
descending bank of the river extending from mile 63.8 tomile 65.8 above 
Head of Passes. The width of the anchorage is 400feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 400 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 800 feet 
from the water's edge into the river asmeasured from the LWRP.
    (11) Wills Point Anchorage. An area 1.1 miles in lengthalong the 
left descending bank of the river extending from mile 66.5to mile 67.6 
above Head of Passes. The width of the anchorage is 600feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 200 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 800 feet 
from the water's edge into the river asmeasured from the LWRP.
    (12) Cedar Grove Anchorage. An area 1.2 miles in lengthalong the 
right descending bank of the river extending from mile 69.9to mile 71.1 
above Head of Passes. The width of the anchorage is 500feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 200 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 700 feet 
from the water's edge into the river asmeasured from the LWRP.
    (13) Belle Chasse Anchorage. An area 2.1 miles in lengthalong the 
right descending bank of the river extending from mile 73.1to mile 75.2 
above Head of Passes. The width of the anchorage is 575feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 425 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 1,000 
feet from the water's edge into the river asmeasured from the LWRP.
    (14) Lower 12 Mile Point Anchorage. An area 2.2 miles inlength along 
the right descending bank of the river extending frommile 78.6 to mile 
80.8 above Head of Passes. The width of theanchorage is 500 feet. The 
inner boundary of the anchorage is a lineparallel to the nearest bank 
300 feet from the water's edge into theriver as measured from the LWRP. 
The outer boundary of the anchorageis a line parallel to the nearest 
bank 800 feet from the water's edgeinto the river as measured from the 
LWRP.
    (15) Lower 9 Mile Point Anchorage. An area 2.3 miles inlength along 
the right descending bank of the river extending frommile 82.7 to mile 
85.0 above Head of Passes. The width of theanchorage is 500 feet. The 
inner boundary of the anchorage is a lineparallel to the nearest bank 
300 feet from the water's edge into theriver as measured from the LWRP. 
The outer boundary of the anchorageis a line parallel to the nearest 
bank 800 feet from the water's edge

[[Page 506]]

into the river as measured from the LWRP.

    Caution: A wreck is located within the boundaries of thisanchorage. 
Mariners are urged to use caution in this anchorage.

    (16) New Orleans Emergency Anchorage. An area 0.5 miles inlength 
along the right descending bank of the river extending frommile 89.6 to 
mile 90.1 above Head of Passes. The width of theanchorage is 550 feet. 
The inner boundary of the anchorage is a lineparallel to the nearest 
bank 250 feet from the water's edge into theriver as measured from the 
LWRP. The outer boundary of the anchorageis a line parallel to the 
nearest bank 800 feet from the water's edgeinto the river as measured 
from the LWRP.

    Note: No vessel shall occupy this anchorage unless 
expresslyauthorized by the Captain of the Port. No vessel may anchor in 
thisanchorage exceeding 24 hours without the authorization of the 
Captainof the Port.

    (17) New Orleans General Anchorage. An area 0.8 miles inlength along 
the right descending bank of the river extending frommile 90.1 to mile 
90.9 above Head of Passes. The width of theanchorage is 550 feet. The 
inner boundary of the anchorage is a lineparallel to the nearest bank 
250 feet from the water's edge into theriver as measured from the LWRP. 
The outer boundary of the anchorageis a line parallel to the nearest 
bank 800 feet from the water's edgeinto the river as measured from the 
LWRP.
    (18) Quarantine Anchorage. An area 0.7 miles in length alongthe 
right descending bank of the river extending from mile 90.9 tomile 91.6 
above Head of Passes. The width of the anchorage is 800feet.

    Caution: A wreck is located within the boundaries of thisanchorage. 
Mariners are urged to use caution in this anchorage.

    Note: Vessels carrying cargos of particular hazard asdefined in 33 
CFR 126.10 or cargos of petroleum products in bulk maynot be anchored in 
the New Orleans General Anchorage or the QuarantineAnchorage without 
permission from the Captain of the Port.

    Except when required by the United States Public Health Servicefor 
quarantine inspection, the Quarantine Anchorage may be used as ageneral 
anchorage.

    (19) Lower Kenner Bend Anchorage. An area 1.0 miles inlength along 
the right descending bank of the river extending frommile 113.3 to mile 
114.3 above Head of Passes. The width of theanchorage is 350 feet. The 
inner boundary of the anchorage is a lineparallel to the nearest bank 
350 feet from the water's edge into theriver as measured from the LWRP. 
The outer boundary of the anchorageis a line parallel to the nearest 
bank 700 feet from the water's edgeinto the river as measured from the 
LWRP.
    (20) Kenner Bend Anchorage. An area 0.9 miles in lengthalong the 
right descending bank of the river extending from mile 114.7to mile 
115.6 above Head of Passes. The width of the anchorage is 700feet.
    (21) Ama Anchorage. An area 1.8 miles in length along theleft 
descending bank of the river extending from mile 115.5 to mile117.3 
above Head of Passes. The width of the anchorage is 400 feet.The inner 
boundary of the anchorage is a line parallel to the nearestbank 300 feet 
from the water's edge into the river as measured fromthe LWRP. The outer 
boundary of the anchorage is a line parallel tothe nearest bank 700 feet 
from the water's edge into the river asmeasured from the LWRP.

    Caution: A wreck is located at mile 115.4 left descending bankabove 
Head of Passes marked by Mississippi River Wreck Lighted BuoyWR4. 
Mariners are urged to use caution when anchoring in the lower endof this 
anchorage.

    (22) Bonnet Carre Anchorage. An area 1.5 miles in lengthalong the 
left descending bank of the river extending from mile 127.3to mile 128.8 
above Head of Passes. This area is located adjacent tothe river end of 
the Bonnet Carre Spillway. The width of the anchorageis 600 feet.

    Note: When the Bonnet Carre Spillway is open, no vessel maybe 
anchored in the Bonnet Carre Anchorage.

    (23) La Place Anchorage. An area 0.7 miles in length alongthe left 
descending bank of the river extending from mile 134.7 tomile 135.4 
above Head of Passes. The width of the anchorage is 600feet.
    (24) Reserve Anchorage. An area 0.5 miles in length alongthe right 
descending bank of the river extending

[[Page 507]]

from mile 137.0to mile 137.5 above Head of Passes. The width of the 
anchorage is 500feet. The inner boundary of the anchorage is a line 
parallel to thenearest bank 300 feet from the water's edge into the 
river as measuredfrom the LWRP. The outer boundary of the anchorage is a 
line parallelto the nearest bank 800 feet from the water's edge into the 
river asmeasured from the LWRP.
    (25) Lower Grandview Reach Anchorage. An area 0.3 miles inlength 
along the left descending bank of the river extending from mile146.4 to 
mile 146.7 above Head of Passes. The width of the anchorageis 500 feet. 
The inner boundary of the anchorage is a line parallel tothe nearest 
bank 200 feet from the water's edge into the river asmeasured from the 
LWRP. The outer boundary of the anchorage is a lineparallel to the 
nearest bank 700 feet from the water's edge into theriver as measured 
for the LWRP.
    (26) Middle Grandview Reach Anchorage. An area 0.4 miles inlength 
along the left descending bank of the river extending from mile146.8 to 
mile 147.2 above Head of Passes. The width of the anchorageis 500 feet. 
The inner boundary of the anchorage is a line parallel tothe nearest 
bank 200 feet from the water's edge into the river asmeasured from the 
LWRP. The outer boundary of the anchorage is a lineparallel to the 
nearest bank 700 feet from the water's edge into theriver as measured 
from the LWRP.
    (27) Upper Grandview Reach Anchorage. An area 1.3 miles inlength 
along the left descending bank of the river extending from mile147.5 to 
mile 148.8 above Head of Passes. The width of the anchorageis 500 feet. 
The inner boundary of the anchorage is a line parallel tothe nearest 
bank 200 feet from the water's edge into the river asmeasured from the 
LWRP. The outer boundary of the anchorage is a lineparallel to the 
nearest bank 700 feet from the water's edge into theriver as measured 
from the LWRP.
    (28) Sunshine Anchorage. An area 2.0 miles in length alongthe left 
descending bank of the river extending from mile 165.0 tomile 167.0 
above Head of Passes. The width of the anchorage is 450feet. The inner 
boundary of the anchorage is a line parallel to thenearest bank 350 feet 
from the water's edge into the river as measuredfrom the LWRP. The outer 
boundary of the anchorage is a line parallelto the nearest bank 800 feet 
from the water's edge into the river asmeasured from the LWRP.
    (29) White Castle Anchorage. An area 0.7 miles in lengthalong the 
right descending bank of the river extending from mile 190.4to mile 
191.1 above Head of Passes. The width of the anchorage is 300feet. The 
inner boundary of the anchorage is a line parallel to thenearest bank 
400 feet from the water's edge into the river as measuredfrom the LWRP. 
The outer boundary of the anchorage is a line parallelto the nearest 
bank 700 feet from the water's edge into the river asmeasured from the 
LWRP.
    (30) Baton Rouge General Anchorage. An area 1.5 miles inlength 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 ofthis 
anchorage. Mariners are urged to use caution in this anchorage.

    (31) Lower Baton Rouge Anchorage. An area 0.5 miles inlength near 
mid-channel between mile 228.5 and mile 229.0 above Headof Passes with 
the west limit 1,100 feet off the right descending bankand having the 
width of 700 feet at both the upper and lower limits.
    (32) Middle Baton Rouge Anchorage. An area 0.2 miles inlength near 
mid-channel between mile 229.6 and mile 229.8 above Headof Passes with 
the west limit 1,100 feet off the right descending bankand having a 
width of 700 feet at both the upper and lower limits.
    (33) Upper Baton Rouge Anchorage. An area 0.4 miles inlength near 
mid-channel between mile 230.6 and mile 231.0 above Headof Passes with 
the west limit 1,100 feet off the right descending bankand having a 
width of 1,075 feet at the upper limit and 1,200 feet atthe lower limit.
    (b) Temporary Anchorages. (1) Temporary anchorages are non-permanent 
anchorages established by the Commander, Eighth Coast GuardDistrict to 
provide additional anchorage space.

[[Page 508]]

Establishment oftemporary anchorages is based on recommendations by the 
Captain of thePort.
    (2) Each vessel using temporary anchorages shall anchor asprescribed 
by the Captain of the Port.
    (3) Establishment of each temporary anchorage and any requirementfor 
the temporary anchorage will be published in the Local Notice 
ofMariners.
    (4) Each person who has notice of any requirement prescribed for 
atemporary anchorage shall comply with that requirement.
    (c) The Regulations. (1) Anchoring in the Mississippi Riverbelow 
Baton Rouge, LA., including South and Southwest Passes isprohibited 
outside of established anchorages except in cases ofemergency. In an 
emergency, if it becomes necessary to anchor a vesseloutside an 
established anchorage, the vessel shall be anchored so thatit does not 
interfere with or endanger any facility or other vessel.The master or 
person in charge of the vessel shall notify the Captainof the Port of 
the location of the emergency anchoring by the mostexpeditious means and 
shall move the vessel as soon as the emergencyis over.
    (2) In an emergency, if it becomes necessary to anchor a vessel 
inSouth Pass or Southwest Pass, the vessel shall be positioned as 
closeto 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 
Orleanssector frequency), maintains an accurate position plot and can 
takeappropriate action to ensure the safety of the vessel, structure, 
andother vessels.
    (4) When anchoring individually, or in fleets, vessels shall 
beanchored with sufficient anchors, or secured with sufficient lines, 
toensure 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 
orwithin any cable or pipeline area. The locations of revetted areas 
andcable 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 anchorageshall 
be reported to the Captain of the Port, giving particulars as toname of 
ships involved, quantity and type of cargo, and expectedduration of the 
operation. The Captain of the Port shall be notifiedupon completion of 
operations. Cargo transfer operations are notpermitted in the New 
Orleans General or Quarantine Anchorages.Bunkering and similar 
operations related to ship's stores are exemptfrom reporting 
requirements.

    Note: Activities conducted within a designated anchorage(e.g. cargo 
transfer, tank cleaning, stack blowing, etc.) may berestricted by other 
Federal, State or local regulations. Owners, orpersons in charge of any 
vessel should consider all safety and/orenvironmental regulations prior 
to engaging in any activity withindesignated anchorages.

    (7) Vessels anchored in the Lower Kenner Bend Anchorage 
areprohibited from using or exercising the ship's hold cargo 
cranes.Vessels in this anchorage must keep the ship's hold cargo gear in 
thedown and hawsed position, as rigged for sea transits. Deck-
mountedcranes, deck booms and stiff legs may be used to take on ships 
storesand spare parts and may be used to move manifold hoses.
    (8) Nothing in this section relieves the owner or person in chargeof 
any vessel from the penalties for obstructing or interfering 
withnavigational aids or for failing to comply with the navigation 
lawsfor lights, day shapes, or fog signals and any other applicable 
lawsand regulations.

[CGD 77-028, 46 FR 49850, Oct. 8, 1981, as amended byCGD 77-028, 47 FR 
12793, Mar. 25, 1982; CCGD8-82-02, 47 FR 53367, Nov. 26, 1982; CCGD8-82-
13, 48 FR 11269, Mar. 17, 1983; CCGD8-82-19, 48 FR 53697, Nov. 29, 1983; 
CGD8-84-21, 50 FR 25710, June 21, 1985; CGD8-83-10, 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 lineconnecting the 
following coordinates:

[[Page 509]]



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 thetemporary use 
of vessels of all types, but especially for naval andmerchant vessels 
awaiting weather and tidal conditions favorable tothe resumption of 
their voyages.
    (2) Except when stress of weather or adverse tides or currentsmake 
sailing impractical or hazardous, vessels shall not anchor in 
theanchorage area for periods exceeding 48 hours unless 
expresslyauthorized by the Captain of the Port to anchor for longer 
periods.
    (3) Vessels shall not anchor so as to obstruct the passage ofother 
vessels proceeding to or from available anchorage spaces.
    (4) Anchors shall not be placed channelward from the anchoragearea, 
and no portion of the hull or rigging of any anchored vesselshall extend 
channelward from the limits of the anchorage area.
    (5) Vessels using spuds for anchors shall anchor as close to shoreas 
practicable having due regard for the provisions in paragraph (b)(3) of 
this section.
    (6) Fixed moorings, piles or stakes, and floats or buoys formarking 
anchorages or moorings in place are prohibited.
    (7) Whenever the maritime or commercial interests of the 
UnitedStates so require, the Captain of the Port is hereby empowered 
toshift the position of any vessel anchored or moored within or 
outsideof the anchorage area including any vessel which is moored or 
anchoredso as to obstruct navigation or interfere with range lights.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD08-06-26, 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 connectingthe 
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 
thefollowing 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
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 lineconnecting 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 thetemporary use 
of vessels of all types, but especially for vesselsawaiting weather and 
other conditions favorable to the resumption oftheir voyages.
    (2) Except when stress of weather makes sailing impractical 
orhazardous, vessels shall not anchor in anchorage areas (A) or (C) 
formore than 48 hours unless expressly authorized by the Captain of 
thePort Houston-Galveston. Permission to anchor for longer periods may 
beobtained through Coast Guard Vessel Traffic Service Houston/
Galvestonon VHF-FM channels 12 (156.60 MHz) or 13 (156.65 MHz).
    (3) No vessel with a draft of less than 22 feet may occupyanchorage 
(A) without prior approval of the Captain of the Port.
    (4) No vessel with a draft of less than 16 feet may anchor 
inanchorage (C) without prior approval of the Captain of the 
PortHouston-Galveston.
    (5) Vessels shall not anchor so as to obstruct the passage ofother 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors shall not be placed in the channel and no portion ofthe 
hull or rigging of any anchored vessel shall extend outside thelimits of 
the anchorage area.
    (7) Vessels using spuds for anchors shall anchor as close to shoreas 
practicable, having due regard for the provisions in paragraph (b)(5) of 
this section.

[[Page 510]]

    (8) Fixed moorings, piles or stakes, and floats or buoys formarking 
anchorages or moorings in place, are prohibited.
    (9) Whenever the maritime or commercial interests of the 
UnitedStates so require, the Captain of the Port, or his 
authorizedrepresentative, may direct the movement of any vessel anchored 
ormoored within the anchorage areas.

[CCGD8-85-21, 55 FR 11369, Mar. 28, 1990, asamended 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 feetsouthwestward of the 
exterior breakwater; west of a line parallel withand 150 feet west of 
the south extension of the exterior breakwater;northeast of a line 
parallel with and 1,500 feet southwestward of theexterior breakwater; 
and east of a line parallel with the southextension of the exterior 
breakwater and 500 feet eastward of the eastface of the filtration 
plant.
    (2) Anchorage B, south arm. West of a line parallel with and150 feet 
west of the south arm of the exterior breakwater; north of aline 
perpendicular to the south arm at its south end; east of a lineparallel 
with the south arm, about 2,200 feet therefrom and on linewith the east 
face of the Municipal Pier; and south of a lineperpendicular to the 
south arm 700 feet from its north end.
    (3) Anchorage C, shore arm. South of a line parallel withand 150 
feet southward of the shore arm of the exterior breakwater;west of a 
line parallel with the south extension of the exteriorbreakwater, 100 
feet westward of the east end of the shore arm;northwest of a line 
perpendicular to the Lake Shore Drive revetmentand 300 feet northwest of 
the northwest corner of the filtrationplant; and east of a line parallel 
with and 600 feet lakeward of theLake Shore Drive revetment.
    (4) Anchorage D, Chicago Harbor Lock South. Beginning at apoint 35.5 
feet South (16 feet South of the South face of theSoutheast guidewall) 
and 28.0 feet West of the SE Guide Wall Light;thence Westerly and 
parallel to the guidewall 800 feet to a point thatis 16 feet South of 
the South face of the Southeast guidewall; thenceSoutherly 80 feet to a 
point that is 96 feet South of the South faceof the Southeast guidewall; 
thence Easterly 800 feet to a point thatis 96 feet South of the south 
face of the southeast guidewall; thenceNortherly 80 feet to the point of 
beginning.
    (5) Anchorage E, Chicago Harbor Lock North. Beginning at apoint 
156.75 feet North (16 feet North of the North face of theNortheast 
guidewall) and 590 feet West of the SE Guidewall Light;thence Westerly 
and parallel to the guidewall 600 feet to a point thatis 16 feet North 
of the North face of the Northeast guidewall; thenceNortherly 80 Feet to 
a point that is 96 feet North of the North faceof the Northeast 
guidewall; thence Easterly 600 feet to a point thatis North of the North 
face of the Northeast guidewall; thenceSoutherly 80 feet to the point of 
beginning.
    (b) The rules and regulations. (1) Except in cases ofemergency, no 
vessel may be anchored in Chicago Harbor outside of theanchorage grounds 
in paragraph (a) of this section or the specialanchorage areas 
prescribed in Sec. 110.83.
    (2) Anchors must not be placed outside the anchorage areas, norshall 
any vessel be so anchored that any portion of the hull orrigging shall 
at any time extend outside the boundaries of theanchorage area.
    (3) Any vessel anchoring under circumstances of great 
emergencyoutside of the anchorage areas must be placed near the edge of 
thechannel and in such position as not to interfere with the 
freenavigation of the channel nor obstruct the approach to any pier 
norimpede the movement of any boat, and shall move away immediately 
afterthe 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 weatheror to 
avoid collision, is prohibited. Unnecessary maneuvering in anyof the 
anchorage grounds is prohibited.
    (5) The directions of the Captain of the Port assigning vessels 
toparts of the anchorage grounds suitable to their

[[Page 511]]

draft, requiringvessels to anchor bow and stern, requiring shifting the 
anchorage ofany vessel within any anchorage ground for the common 
convenience, orfor otherwise enforcing this section, shall be promptly 
executed byowners, masters, and persons in charge of vessels.
    (6) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from the penalties of the lawfor 
obstructing navigation or for obstructing or interfering withrange 
lights, or for not complying with the navigation laws in regardto 
lights, fog signals, or for otherwise violating law.
    (7) No vessel may use anchorages A, B, D, and E except 
commercialvessels operated for profit. No person may place floats or 
buoys formaking moorings or anchors in place in anchorages A and B. No 
personmay place fixed moorings piles or stakes in anchorages A and 
B.(Mooring facilities are available adjacent to the lakeside 
guidewallsof the Chicago Harbor Lock in anchorages D and E.) All vessels 
usinganchorages D and E shall moor against pile clusters adjacent to 
therespective anchorage.
    Any time barges are moored in anchorage D or E, a manned 
towingvessel shall be present in one of these anchorages. Exceptions to 
thissurveillance requirement are allowable for periods not to exceed 
onehour.
    (8) No commercial vessels operated for profit that measure 50gross 
tons or more may anchor in anchorage C. Temporary floats orbuoys for 
marking moorings or anchors in place may be used inanchorage C. No 
person may place a fixed mooring pile or stake inanchorage C.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGFR 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 isin the 
Detroit River immediately downstream from Belle Isle on theU.S. side of 
the International Boundary line within the followingboundaries: 
beginning at a point bearing 250 T, 5400 feet from theJames 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 251T, 3000 feet; thence 341 T, 800 
feet; thence 071 T, 3000 feet; thence161 T, 800 feet to the point of 
beginning.
    (b) The regulations. (1) Vessels shall be anchored so as notto swing 
into the channel or across steering courses.
    (2) The Belle Isle Anchorage area is for the temporary use ofvessels 
of all types, but especially for naval and merchant vesselsawaiting 
berths, weather, or other conditions favorable to theresumptions of 
their voyage.
    (3) No vessel may be anchored unless it maintains a continuousbridge 
watch, guards and answers channel 16 FM and channel 12 FM (VTCSARNIA 
sector frequency), maintains an accurate position plot and cantake 
appropriate action to ensure the safety of the vessel, structuresand 
other vessels.
    (4) Vessels may not anchor in the Belle Isle Anchorage for morethan 
72 hours without permission of the Captain of the Port ofDetroit.

[CGD09 85-05, 51 FR 21357, June 12, 1986, as amended byUSCG-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 northwestlimits of the West Basin 
and a line parallel to and 1,050 feet distantfrom the West Breakwater; 
and from the southwest limits of the WestBasin to a line perpendicular 
to the West Breakwater, 2,050 feetsouthwesterly along the West 
Breakwater from Cleveland West BreakwaterLight.
    (2) East anchorage. The southeasterly portion of the EastBasin 
between the mainland and a line parallel to and 1,250 feetdistant from 
the East Breakwater; from opposite Cleveland EastEntrance Light to a due 
north line passing through the flashing whitelight on the Allied Oil 
Company dock.
    (3) Explosives anchorage. In Lake Erie, northwest ofCleveland Harbor 
East Breakwater, and including a rectangular areamarked by four white 
spar buoys at the following true bearings anddistances from Cleveland 
East Pierhead Light: 38[deg]30[min], 2,050feet; 68[deg], 2,050 feet; 
57[deg], 7,050 feet; and 49[deg], 7,050feet.

[[Page 512]]

    (b) The regulations. (1) The west and east anchoragesare general 
anchorages.
    (2) Use of the explosives anchorage shall be subject to 
thesupervision of the Captain of the Port.



Sec. 110.208  Buffalo Harbor, N.Y.

    (a) The anchorage grounds--(1) Explosives AnchorageA. Inside the 
south section of the main breakwater 700 feet widestarting at a point 
500 feet southerly from the south end of the northsection and extending 
approximately 153[deg] true, 3,000 feetparallel to the line of the south 
section of the main breakwater.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 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 connectingthe 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). 
Thewaters 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 thechannel 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 pointof 
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 theshoreline 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 
theanchorage of vessels of the United States Government and of 
authorizedharbor pilot boats. No other vessels shall anchor in this area 
exceptby special permission obtained in advance from the Commander, 
NavalBase, San Diego, CA. The administration of these anchorages 
isexercised by the Commander, Naval Base, San Diego, CA.
    (2) The area described in paragraph (a)(3) of this section 
isreserved for the use of merchant vessels calling at the Port of 
SanDiego while awaiting a berth. The administration of this anchorage 
isexercised by the Port Director, San Diego Unified Port District.
    (3) Vessels anchoring in San Diego Harbor shall leave a freepassage 
for other craft and shall not obstruct the approaches to thewharves in 
the harbor.

[CCGD11-85-06, 51 FR 19753, June 2, 1986, asamended by CGD11-90-08, 56 
FR 9852, Mar. 8, 1991]



Sec. 110.212  Newport Bay Harbor, Calif.

    (a) The anchorage grounds--(1) Temporary AnchorageC-1. Southeast of 
a line parallel to and 170 feet from thepierhead line at the east end of 
Lido Isle; north of a line parallelto and 250 feet north of a line 
bearing 268[deg] from Newport BayChannel Light 11, this line being the 
north line of the main fairway;northwest of a line 120 feet in length 
bearing 203[deg] from thepoint of the pierhead line off the west end of 
Harbor Island; andsouthwest of the pierhead line off the northeast shore 
of Lido Isleextended.
    (2) Temporary Anchorage C-2. A parallelogram-shapedarea, 100 feet 
wide and 400 feet long, lying 100 feet bayward from andparallel to the 
existing pierhead line, and adjoining and on the northside of Anchorage 
C-3 described in paragraph (a)(3) of thissection.
    (i) Vessels may anchor temporarily in Temporary AnchoragesC-1 and C-
2 when necessary and space permits, but shallmove promptly when the 
necessity passes or upon order of the harbormaster.

[[Page 513]]

    (ii) Vessels anchoring in Temporary Anchorages C-1 andC-2 shall 
comply with all applicable Pilot Rules, includingthat requiring anchor 
lights at night.
    (iii) Floats or buoys for marking anchors or mooring in place 
andfixed mooring piles or stakes are prohibited.
    (3) Anchorage C-3. A parallelogram-shaped area, 100feet wide and 500 
feet long, lying 100 feet bayward from and parallelto the existing 
pierhead line, and adjoining and on the south side ofTemporary Anchorage 
C-2 described in paragraph (a)(2) of thissection.
    (i) This area is reserved for recreational and other small craft.
    (ii) Fore and aft moorings will be allowed in this area conformingto 
Orange County Harbor Ordinance No. 490 and other local harborregulations 
for recreational and small craft of such size andalignment as permitted 
by the harbor master.
    (iii) All vessels using this area are required to maintain 
anchorlights from sunset to sunrise.
    (b) The regulations. (1) Vessels may anchor temporarily inthese 
areas when necessary and space permits, but shall move promptlywhen the 
necessity passes or upon order of the harbor master.
    (2) Vessels anchoring in these areas shall comply with allapplicable 
Pilot Rules, including that requiring anchor lights atnight.
    (3) Floats or buoys for marking anchors or moorings in place 
andfixed mooring piles or stakes are prohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.214  Los Angeles and Long Beach harbors, California.

    (a) General Regulations--(1) AnchorageAssignment. (i) Unless 
otherwise directed by the Captain of thePort Los Angeles-Long Beach, the 
pilot stations for the Port of LongBeach and the Port of Los Angeles 
will assign the use of commercialanchorages within their jurisdictions 
(Long Beach and Los AngelesHarbors respectively). All anchorages outside 
(seaward) of the federalbreakwater will be assigned by the Los Angeles-
Long Beach VesselTraffic Information Service (VTIS). The master, pilot, 
or person incharge of a vessel must notify the appropriate pilot station 
(foranchorages inside the federal breakwater) or the VTIS (for 
anchoragesoutside the federal breakwater) of their intention to anchor, 
uponanchoring, and at least fifteen minutes prior to departing 
ananchorage. All anchorage assignments will be made as described in 
thispart unless modified by the Captain of the Port.
    (ii) Radio communications for port entities governing anchoragesare 
as follows: Los Angeles-Long Beach Vessel Traffic InformationService, 
call sign ``LA-Long Beach Traffic,'' Channel 14VHF-FM; Los Angeles Port 
Pilots, Channel 73 VHF-FM; Long Beach PortPilots, Channel 74 VHF-FM.
    (iii) The exact boundary separating the Port of Long Beach fromthe 
Port of Los Angeles is published in local Port Tariffs. Forpurposes of 
this rule, Long Beach waters are those east, and LosAngeles 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) Novessel may 
anchor anywhere within Los Angeles or Long Beach harborsfor more than 10 
consecutive days unless an extended anchorage permitis obtained from the 
Captain of the Port. In determining whether anextended anchorage permit 
will be granted, consideration will begiven, but not necessarily limited 
to: the current and anticipateddemands 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 1.1or 
1.2 materials as defined in 49 CFR 173.50, or Cargoes of 
ParticularHazard (COPH) as defined in 33 CFR 126.10, or Certain 
DangerousCargoes (CDC) as defined in 33 CFR 160.203, may anchor without 
firstobtaining a permit issued by the Captain of the Port.
    (iii) Vessels requiring use of an explosives anchorage shouldcontact 
the Captain of the Port at least 24 hours

[[Page 514]]

prior to theanticipated need for the explosives anchorage to allow for 
properactivation 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 thePort 
immediately subsequent to anchoring, no commercial vessel greaterthan 
1600 gross tons may anchor in Los Angeles-Long Beach Harborunless it 
maintains the capability to get underway within 30 minutes.Any vessel 
unable to meet this requirement must immediately notify theCaptain of 
the Port and make arrangements for an adequate number oftugs to respond 
to the vessel within 30 minutes notice.
    (v) In anchorages where lightering is authorized, the Captain ofthe 
Port must be notified at least 4 hours in advance of a vesselconducting 
lightering operations (see 33 CFR 156.118).
    (3) Other General Requirements. (i) When at anchor, allcommercial 
vessels greater than 1600 gross tons shall, at all times,have a licensed 
deck officer on watch and maintain a continuous radiolistening watch 
unless subject to one of the exemptions in thisparagraph. The radio 
watch must be on CH-13 VHF-FM whenanchored inside the federal 
breakwater, and on CH-14 VHF-FM oron CH-16 VHF-FM when anchored outside 
the federal breakwater,except for unmanned barges; vessels which have 
less than 100 gallonsof oil or fuel onboard regardless of how the fuel 
is carried; andother vessels receiving advance approval from the Captain 
of the Port.
    (ii) When sustained wind speeds exceed 40 knots, all 
anchoredcommercial vessels greater than 1600 gross tons shall ensure 
theirpropulsion plant is placed in immediate standby and a second anchor 
ismade ready to let go. Vessels unable to comply with this 
requirementmust immediately notify the Captain of the Port. In such 
case, theCaptain of the Port may require the vessel to have one or more 
tugsstanding by to render immediate assistance.
    (4) Prohibitions. Within Los Angeles Harbor, Long BeachHarbor, and 
the Los Angeles-Long Beach Precautionary Area, except foremergency 
reasons, or with the prior approval of the Captain of thePort, vessels 
are prohibited from anchoring outside of designatedanchorage areas. In 
the event a vessel anchors outside a designatedanchorage area for 
emergency reasons, the master, pilot, or person incharge of the vessel 
shall:
    (i) Position the vessel so as to minimize the danger to othervessels 
and facilities;
    (ii) Immediately notify the Captain of the Port by the 
mostexpeditious means of the vessel's location and the reason(s) for 
theemergency anchoring; and
    (iii) Move the vessel as soon as the emergency condition 
promptinganchoring outside a designated area abates, or as soon as 
ordered tomove by the Captain of the Port, whichever occurs sooner.
    (5) Exemption from rules. The Captain of the Port may, uponrequest, 
or whenever he/she deems appropriate, authorize a deviationfrom any rule 
in this section.
    (b) The anchorage grounds. Locations of anchorage groundsare as 
described in this section. Specific requirements for 
individualanchorages 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 circulararea with 
a radius of 400 yards (approximately 366 meters), centeredin 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 areaenclosed by a 
line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33[deg]-44[min]-37.0  118[deg]-13[min]-00.
                                           [sec] N             0[sec] W.
Thence south/southeastto....  33[deg]-44[min]-12.0  118[deg]-12[min]-36.
                                           [sec] N             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]-58.9  118[deg]-13[min]-53.
                                           [sec] N             0[sec] W.
Thence north/northwest to...  33[deg]-43[min]-46.0  118[deg]-14[min]-13.
                                           [sec] N             6[sec] W.
Thence east/northeast to....  33[deg]-43[min]-54.5  118[deg]-13[min]-50.
                                           [sec] N             0[sec] W.

[[Page 515]]

 
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 areaenclosed 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 areaenclosed by a 
line beginning near the east end of the Long BeachBreakwater 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 areaenclosed 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]-29.0  118[deg]-10[min]-57.
                                           [sec] N             4[sec] W.
Thence north/northwest to...  33[deg]-45[min]-06.4  118[deg]-11[min]-09.
                                           [sec] N             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.
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 BeachBreakwater). The 
waters southeast of the Long Beach Breakwaterbounded 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 MiddleBreakwater). The 
waters south of the Middle Breakwater bounded by aline 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/southwestto.....  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/northeastto.....  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 watersnear 
Cabrillo Beach shoreward of a line connecting the followingcoordinates:

[[Page 516]]



------------------------------------------------------------------------
                                    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 waterswithin 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 lightedmarker at....
Thence northwest to.........  33[deg]-45[min]-37.1  118[deg]-10[min]-38.
                                            [sec]N              5[sec] W
Thence north/northwestto....  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 andthe Alamitos
 Bay West Jetty to the beginning point.
------------------------------------------------------------------------

    (10) General Anchorage Q (Long Beach Harbor/AlamitosBay/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/southeastto.....  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) centeredon......
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/northeastto....  33[deg]-44[min]-24.0  118[deg]-07[min]-04.
                                            [sec]N              1[sec] W
Thence east/southeastto.....  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. Jettyto.............
Thence west/southwestto.....  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.
------------------------------------------------------------------------

    (11) Explosives Anchorage (Long Beach Harbor). A circulararea with a 
radius of 1,909 yards (1,745 meters), centered in 
position33[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 thepurpose 
of each anchorage, and contains specific regulationsapplicable to 
certain anchorages. Requirements for the explosivesanchorage are 
contained in paragraph (d) of this section.
    (2) The geographic boundaries of each anchorage are contained 
inparagraph (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 foruse of the anchorage will be given to commercial vessels over
  244meters (approximately 800 feet). East of118[deg]-09[min]-48[sec] W priority for use of theanchorage will be
  given to Naval and Public vessels, vessels underDepartment of Defense charter, and vessels requiring use of
  theexplosives anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area andadditional requirements apply as set forth in 33 CFR
  165.1109(e).

[[Page 517]]

 
e. This anchorage is controlled by the Los Angeles Port Police.Anchoring, mooring and recreational boating
  activities conforming toapplicable City of Los Angeles ordinances and regulations are allowedin this
  anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master.Anchoring, mooring and recreational boating
  activities conforming toapplicable City of Long Beach ordinances and regulations are allowedin this anchorage.
g. When the explosives anchorage is activated portions of thisanchorage lie within the explosives anchorage and
  the requirements ofparagraph (d) of this section apply.

    (d) Explosives Anchorage (Long Beach Harbor). (1) Priorityfor 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 asdefined in 49 CFR 
173.50, or Cargoes of Particular Hazard (COPH) asdefined in 33 CFR 
126.10, or Certain Dangerous Cargoes (CDC) asdefined in 33 CFR 160.203.
    (2) Vessels requiring the use of this anchorage shall notify 
theCaptain of the Port at least 24 hours in advance of their 
intentionsincluding the estimated times of arrival, departure, net 
explosiveweight, and whether the vessel will be loading or unloading. 
Vesselsmay not use this anchorage without first obtaining a permit 
issued bythe Captain of the Port.
    (3) No vessel containing more than 680 metric tons (approximately749 
tons) of net explosive weight (NEW) may anchor in this anchorage;
    (4) Bunkering and lightering operations are permitted in 
theexplosives anchorage, except that vessels engaged in the loading 
orunloading of explosives shall not simultaneously conduct bunkering 
orlightering operations.
    (5) Each anchored vessel loading, unloading or laden withexplosives, 
must display a red flag of at least 1.2 square meters(approximately 16 
square feet) in size by day, and at night the flagmust be illuminated by 
spotlight;
    (6) When a vessel displaying the red flag occupies the 
explosivesanchorage, no other vessel may anchor within the Explosives 
Anchorage.

    Note: When the explosives anchorage is activated, portionsof 
Anchorages ``C'', ``D'', ``F''and ``Q'' are encompassed by the 
explosives anchorage.

[CGD11-99-008, 65 FR 10710, Feb. 29, 2000, asamended 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, SealBeach, California; Naval Explosives Anchorage.

    (a) The anchorage ground. The waters of Anaheim Bay Harborbetween 
the east side of the Entrance Channel and the East Jetty, andthe west 
side of the Entrance Channel and the West Jetty as outlinedin 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 ofnaval 
vessels carrying or transferring ammunition or explosives understandard 
military restrictions as established by the Safety Manual,Armed Service 
Explosives Board.
    (2) No pleasure or commercial craft shall navigate or anchorwithin 
this area at any time without first obtaining permission fromthe 
Commanding Officer, Naval Weapons Station, Seal Beach, California.This 
officer will extend full cooperation relating to public use ofthe area 
and will fully consider every reasonable request for thepassage of small 
craft in light of requirements for national securityand safety of 
persons and property.
    (3) Nothing in this section shall be construed as relieving theowner 
or operator of any vessel from the regulations contained inSec. 204.195 
of Title 33, covering navigation in Anaheim BayHarbor.
    (4) The regulations in this section shall be administered by 
theCommanding Officer U.S. Naval Weapons

[[Page 518]]

Station, Seal Beach,California and by such agencies as he may designate, 
and enforced bythe 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 Rockand Casino Point.
    (2) Isthmus Cove. All the waters bounded by a lineconnecting the 
following coordinates, beginning at33[deg]-27[min]-12[sec] N,118[deg]-
30[min]-05[sec] W (the promontory known asLion Head); thence southeast 
to33[deg]-26[min]-55.5[sec] N,118[deg]-28[min]-44[sec] W; thence west-
southwest to33[deg]-26[min]50[sec] N,118[deg]-29[min]-08[sec] W; thence 
southwest to33[deg]-26[min]-39[sec] N,118[deg]-29[min]-19[sec] W; thence 
along theshoreline returning to the point of origin, excluding the 
following-described non-anchorage area: an area 300 feet wide (170 feet 
west and130 feet east of the centerline of the Catalina Island Steamship 
Linepier), extending 1600 feet from the foot of the pier, and an area 
150feet seaward of the shoreline extending approximately 1500 feet 
eastand 1500 feet northwest of the centerline of said pier.

Datum: NAD 83

    (3) Avalon Bay. (i) Anchorage A. The waters within anarea described 
as follows: A circle of 1350 feet radius centered 
at33[deg]20[min]59.0[sec] N, 118[deg]18[min]56.2[sec] W.
    (ii) Anchorage B. The waters within an area described asfollows: A 
circle of 1350 feet radius centered at33[deg]20[min]38.3[sec] N, 
118[deg]18[min]35.8[sec] W.
    (iii) Anchorage C. The waters within an area described asfollows: A 
circle of 1350 feet radius centered at33[deg]21[min]21.0[sec] N, 
118[deg]19[min]16.7[sec] W.
    (b) The regulations. (1) The Descanso Bay anchorage isreserved for 
yachts and other small craft. Floats or buoys for markinganchors or 
moorings in place will be allowed in this area. Fixedmooring piles or 
stakes are prohibited.
    (2) The Isthmus Cove anchorage shall be available for anchorage 
ofall types of craft. Temporary floats or buoys for marking anchors 
ormoorings in place will be allowed in this area. Fixed mooring piles 
orstakes are prohibited.
    (3) The non-anchorage area described in paragraph (a)(2) of 
thissection shall be used only by commercial vessels. Commercial 
vesselsof 15 feet draft or over may anchor in this area seaward of 
theCatalina Island Steamship Line pier during hours between sunrise 
andsunset. The use of this area for anchorage is forbidden to all 
othercraft at all times. Fixed mooring piles or stakes and floats or 
buoysfor marking anchors or moorings in place are prohibited.
    (4) The instructions of the Captain of the Port requiring vesselsto 
anchor bow and stern, or with two bow anchors, or requiringshifting the 
anchorage of any vessel within the anchorage grounds forthe common 
safety or convenience, or for otherwise enforcing theregulations in this 
section, shall be promptly complied with byowners, masters, and persons 
in charge of vessels.
    (5) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessels or plant from the penaltiesof law for 
obstructing navigation or for obstructing or interferingwith range 
lights, or for not complying with the navigation laws inregard to 
lights, fog signals, or for otherwise violating law.
    (6) The Avalon Bay anchorage is reserved for large passengervessels 
of over 1600 gross tons, unless otherwise authorized by theCaptain of 
the Port Los Angeles-Long Beach.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD11-95-001, 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 ofWilson Cove.

    (a) The anchorage grounds. Shoreward on a line beginning ata point 
on the beach bearing 153[deg] true, 1,400 yards, from WilsonCove 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 shoreline.
    (b) The regulations. (1) This area is reserved exclusivelyfor 
anchorage of United States Government vessels or vesselstemporarily 
operating under Government direction, and no vessel,except in an 
emergency, shall anchor

[[Page 519]]

in the area without firstobtaining permission from the Commandant, 
Eleventh Naval District, orthe Senior Naval Officer present who shall in 
turn notify theCommandant promptly.
    (2) No vessel shall anchor in such a manner as to 
unreasonablyobstruct the approach to the wharf.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.220  Pacific Ocean at San Nicolas Island, Calif.; restricted anchorageareas.

    (a) The restricted areas--(1) East area. Allwaters within a circle 
having a radius of one nautical mile centeredat latitude 
33[deg]13[min]45[sec], longitude119[deg]25[min]50[sec] (the former 
position of San Nicolas IslandEast 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] truefrom San 
Nicolas Island south side light a distance of six nauticalmiles; thence 
to a point bearing 270[deg] true, two nautical miles,from the 
westernmost point of the island; thence 60[deg] to a pointdue north of 
the northernmost point of the island; thence 180[deg]true to the shore.
    (b) The regulations. Except in an emergency, no vessel shallanchor 
in these restricted areas without authority of the Commandant,Eleventh 
Naval District. Cargo vessels destined for San Nicolas Islandmay 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 atthe Santa 
Barbara Island Light on the northeast end of the island andbearing 
23[deg] true a distance of 1.515 nautical miles seaward fromthe beach; 
thence 140[deg]30[min] true, 2.54 nautical miles; thence212[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 foranchorage 
of all types of craft. Temporary floats or buoys for markinganchors in 
place will be permitted in this area.



Sec. 110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay,Sacramento River, San Joaquin River, and connecting waters, CA.

    (a) General regulations. (1) Within the navigable waters ofSan 
Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, NewYork 
Slough, San Joaquin River Deep Water Channel, the StocktonTurning Basin, 
the Sacramento River Deep Water Ship Channel betweenSuisun Bay and the 
east end of the West Sacramento Turning Basin, andconnecting waters, 
anchoring is prohibited outside of designatedanchorages except when 
required for safety or with the writtenpermission of the Captain of the 
Port. Each vessel anchoring outsidean established anchorage area shall 
immediately notify the Captain ofthe Port of her position and reason for 
anchoring.
    (2) No vessel may permanently moor in areas adjacent to the 
SanJoaquin River Deep Water Channel except with the written permission 
ofthe Captain of the Port.
    (3) Each vessel anchoring for safety reasons in the San JoaquinRiver 
Deep Water Channel, the Sacramento River Deep Water ShipChannel, or the 
Stockton or West Sacramento Turning Basins shall bepositioned as near to 
the edge of the channel or turning basin aspossible so as not to 
interfere with navigation, or obstruct theapproach to any pier, wharf, 
slip, or boat harbor and shall move assoon as the reason for anchoring 
no longer exists or when notified tomove by the Captain of the Port.
    (4) No vessel may anchor within a tunnel, cable, or pipeline 
areashown on a Government chart.
    (5) No vessel may moor, anchor, or tie up to any pier, wharf, 
orother vessel in such a manner as to extend into an adjacent channel 
orfairway.
    (6) No vessel in such a condition that it is likely to sink 
orotherwise become a menace or obstruction to navigation or anchorage 
ofother vessels may occupy an anchorage, except when 
unforeseencircumstances create conditions of imminent peril to personnel 
andthen only for such period as may be authorized by the Captain of 
thePort.

[[Page 520]]

    (7) Each vessel carrying explosives shall only anchor in 
anexplosives 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 
goalongside or in any manner moor to any Government-owned vessel,mooring 
buoy, or pontoon boom, their anchor cables, or any of theirappendages. 
No vessel other than a vessel under Federal supervisionmay 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 
designatedanchorage area to moor with two or more anchors.
    (10) Each vessel that will not have sufficient personnel on boardto 
weigh anchor at any time shall anchor with two anchors with 
mooringswivel, unless otherwise authorized by the Captain of the Port.
    (11) Deep-draft vessels shall take precedence over vessels oflighter 
draft in the deeper portions of all anchorages. Light-draftbarges and 
vessels shall anchor away from the deeper portions of theanchorage so as 
not to interfere with the anchoring of deep-draftvessels. Should 
circumstances warrant, the Captain of the Port mayrequire 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 togetherwhen 
anchoring.
    (13) Each vessel that is notified by the Captain of the Port orhis 
authorized representative to shift her position shall promptlyshift her 
position.
    (14) No person may use these anchorages for any purpose other 
thanthe purpose stated in these anchorage regulations.
    (15) Where these regulations require that a vessel notify theCaptain 
of the Port, the operator of the vessel shall transmit suchreport 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 anyvessel 
or the owner or person in charge of any vessel from thepenalties of law 
for obstructing or interfering with range lights orfor not complying 
with the laws relating to lights, day signals, andfog signals and other 
navigation laws and regulations.
    (17) The District Engineer, Corps of Engineers, may issue 
writtenpermission for anchoring a single barge carrying explosives 
inquantities considered by the District Engineer as safe and necessaryin 
the vicinity of work being done directly under the DistrictEngineer 
supervision or under a Department of the Army permit. Whenissuing such a 
permit, the District Engineer shall prescribe theconditions under which 
the explosives must be stored and handled andshall furnish a copy of the 
permit and a copy of the rules andregulations 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 anyanchorage 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 regulationsin 
paragraph (a) of this section, the following regulations apply toeach 
naval anchorage described in this section.
    (1) Naval anchorages are intended for public vessels of the 
UnitedStates, but may be used by other vessels when not required for use 
bypublic vessels.
    (2) Other vessels using a naval anchorage shall promptly notifythe 
Captain of the Port upon anchoring and upon departure and shall 
beprepared to move within one hour upon notice should the anchorage 
berequired for public vessels.
    (c) Explosive anchorages. In addition to the generalregulations in 
paragraph (a) of this section, the followingregulations apply to each 
explosives anchorage described in thissection.
    (1) Explosives anchorages and, where established, 
surroundingforbidden anchorage zones, are temporarily activated as 
needed by theCaptain of the Port. When not activated, explosives 
anchorages andsurrounding forbidden anchorage zones become part of the 
generalanchorage which encompasses

[[Page 521]]

them or, if not located within theboundaries of a general anchorage, 
become available for generalnavigation.
    (2) Notice of activation and deactivation of explosives 
anchorageswill be disseminated by Coast Guard Broadcast Notice to 
Mariners.
    (3) Each vessel which anchors in an explosives anchorage 
orsurrounding forbidden anchorage zone while such anchorage is 
notactivated shall be prepared to move within one hour if the 
anchorageis activated.
    (4) Unless otherwise authorized by the Captain of the Port:
    (i) No vessel may anchor in an activated explosives anchorageexcept 
vessels loaded with, loading, or unloading explosives.
    (ii) No vessel may enter or remain in an activated 
explosivesanchorage except (A) vessels loaded with, loading or 
unloadingexplosives, (B) lighters or barges delivering cargo to or from 
suchvessels, or (C) a tug authorized by paragraph (c)(7)(iii) of 
thissection.
    (iii) No vessel carrying explosives or on which explosives are tobe 
loaded may enter or remain in an activated explosives anchoragewithout 
written permission from the Captain of the Port. Such a permitmust be 
obtained before entering the anchorage and may be revoked atany time.
    (iv) No vessel may anchor in the forbidden anchorage zonesurrounding 
an activated explosives anchorage.
    (5) Each vessel loaded with, loading, or unloading explosives,while 
within an explosives anchorage, shall display by day at hermasthead, or 
at least 10 feet above the upper deck if the vessel hasno mast, a red 
flag at least 16 square feet in area.
    (6) Each passing vessel shall reduce speed as necessary so as 
toinsure that its wake does not interfere with cargo transfer 
operationsaboard 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, 
compressedgases, or poisonous substances to occupy a berth in an 
activatedexplosives anchorage. Such a permit must be obtained before 
enteringthe anchorage and may be revoked at any time.
    (ii) Require any person having business on board a vessel which 
isloaded with, loading, or unloading explosives to have a document 
thatis acceptable to the Coast Guard for identification purposes and 
toshow that document to the Captain of the Port.
    (iii) Require a non-self-propelled vessel, or a self-propelledvessel 
that is unable to maneuver under its own power, that occupiesan 
activated explosives anchorage to be attended by a tug.
    (d) Anchorage grounds. (1) Table 110.224(d)(1) listsanchorage 
grounds, identifies the purpose of each anchorage, andcontains specific 
regulations applicable to certain anchorages.
    (2) The geographic boundaries of each anchorage are contained 
inparagraph (e) of this section.

                           Table 110.224(d)(1)
------------------------------------------------------------------------
                                                             Specific
  AnchorageNo.    General location         Purpose         regulations
------------------------------------------------------------------------
4..............  San Francisco Bay.  General...........  Notes a, b.
5..............  ......do..........  ......do..........  Do.
6..............  ......do..........  ......do..........  Note a.
7..............  ......do..........  ......do..........  Notes a, b, c,
                                                          d, e.
8..............  ......do..........  ......do..........  Notes a, b, c.
8A.............  ......do..........  ......do..........  Notes a, b, c,
                                                          d, e, j, n.
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 knotseach vessel 
greater than 300 gross tons using this anchorage shallmaintain a 
continuous radio watch on VHF channel 13 (156.65 MHz) andVHF channel 14 
(156.70 MHz). This radio watch must be maintained by aperson who 
fluently speaks the English language.
    b. Each vessel using this anchorage may not project into 
adjacentchannels or fairways.
    c. This anchorage is primarily for use by vessels requiring 
atemporary anchorage waiting to proceed to pier facilities or other

[[Page 522]]

anchorage grounds. This anchorage may not be used by vessels forthe 
purpose of loading any dangerous cargoes or combustible liquidsunless 
authorized by the Captain of the Port.
    d. Each vessel using this anchorage may not remain for more than12 
hours unless authorized by the Captain of the Port.
    e. Each vessel using this anchorage shall be prepared to movewithin 
1 hour upon notification by the Captain of the Port.
    f. The maximum total quantity of explosives that may be on board 
avessel using this anchorage shall be limited to 3,000 tons 
unlessotherwise authorized with the written permission of the Captain of 
thePort.
    g. The maximum total quantity of explosives that may be on board 
avessel using this anchorage shall be limited to 50 tons except 
that,with the written permission of the Captain of the Port, each vessel 
intransit, loaded with explosives in excess of 50 tons, may 
anchortemporarily in this anchorage provided that the hatches to the 
holdscontaining explosives are not opened.
    h. Each vessel using this anchorage will be assigned a berth bythe 
Captain of the Port on the basis of the maximum quantity ofexplosives 
that will be on board the vessel.
    i. [Reserved]
    j. Each vessel using this anchorage shall promptly notify theCaptain 
of the Port, upon anchoring and upon departure.
    k. See Sec. 162.270 of this title establishingrestricted areas in 
the vicinity of the Maritime AdministrationReserve Fleet.
    l. Vessels using this anchorage must exceed 15 feet draft, 
haveengines on standby, and have a pilot on board.
    m. Any vessel anchoring in a ``dead-ship'' statusshall have one 
assist tug of adequate bollard pull on standby andimmediately available 
(maximum of 15 minute response time) to provideemergency maneuvering. 
When the sustained winds are 20 knots orgreater, or when the wind gusts 
are 25 knots or greater, the tug mustbe alongside.
    n. This temporary anchorage will be activated by VTS San 
Franciscowhen Anchorages 8 and 9 are at capacity and additional 
anchoragecapacity in the vicinity of Alameda is required. VTS will 
notify avessel that this temporary anchorage is activated and available 
foruse when Anchorages 8 and 9 are full, and a vessel requests 
permissionfrom VTS to anchor in Anchorage 8 or 9.
    (e) Boundaries--(1) Anchorage No. 4. Bounded bythe west shore of San 
Francisco Bay and the following lines: Beginningon the shore southwest 
of Point San Quentin at latitude37[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 tolatitude 37[deg]54[min]13[sec] N., 
longitude122[deg]27[min]24[sec] W., thence southeasterly to the shore 
ofTiburon Peninsula at Point Chauncey at latitude37[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 thePort, it and the forbidden anchorage 
zone surrounding it are excludedfrom Anchorage No. 4.
    (2) Anchorage No. 5, Southampton Shoal. In San Francisco Bayat 
Southampton Shoal bounded by a line connecting the followingcoordinates:

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; thenceback
                                     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 SanFrancisco Bay 
and the following lines: Beginning at the shore of thesouthernmost 
extremity of Point Isabel at latitude37[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 jettyextending westerly therefrom; thence westerly 
along the jetty to itsbayward end at latitude 37[deg]54[min]13[sec] N., 
longitude122[deg]23[min]27[sec] W.; thence south-southeasterly to 
latitude37[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 
latitude37[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 
tothe 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 joiningthe 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 Bayat 
Treasure Island bounded a line connecting the followingcoordinates:

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

[[Page 523]]

 
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 thewest shore 
of Alameda Island and the following lines: Beginning 
at37[deg]47[min]52[sec] N, 122[deg]19[min]58[sec] W; thence west-
northwesterly to 37[deg]48[min]02.5[sec] N122[deg]21[min]01.5[sec] W; 
thence west-southwesterly to37[deg]47[min]51.5[sec] N, 
122[deg]21[min]40[sec] W; thencesouth-southwesterly to 
37[deg]47[min]35.5[sec] N,122[deg]21[min]50[sec] W; thence south-
southeasterly to37[deg]46[min]40[sec] N, 122[deg]21[min]23[sec] W; 
thenceeasterly 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. 8A. In San Francisco Bay bounded by thefollowing 
lines: Beginning at latitude 37[deg]47[min]35[sec] N andlongitude 
122[deg]21[min]50[sec] W; thence south-southwesterly tolatitude 
37[deg]47[min]07[sec] N and longitude122[deg]22[min]09[sec] W; thence 
south-southeasterly to latitude37[deg]46[min]30[sec] N and longitude 
122[deg]21[min]57[sec] W;thence easterly along the northern border of 
Anchorage 9 to latitude37[deg]46[min]26[sec] N and longitude 
122[deg]20[min]42[sec] W;thence northerly to latitude 
37[deg]46[min]38[sec] N and longitude122[deg]20[min]42[sec] W; thence 
westerly along the southern borderof Anchorage 8 to latitude 
37[deg]46[min]41[sec] N and longitude122[deg]21[min]23[sec] W; thence 
northwesterly along thesouthwestern border of Anchorage 8 back to the 
beginning point (NAD83).
    (7) Anchorage No. 9. In San Francisco Bay bounded on theeast by the 
eastern shore of San Francisco Bay and on the north by thesouthern shore 
of Alameda Island and a line beginning at37[deg]46[min]21.5[sec] N, 
122[deg]19[min]07[sec] W; thencewesterly 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); 
thencesoutheasterly 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).
    (8) Anchorage No. 10. In San Francisco Bay bounded by theeast shore 
of Sausalito and the following lines: Beginning on theshore of Sausalito 
at latitude 37[deg]51[min]20[sec] N., longitude122[deg]28[min]38[sec] 
W.; thence southeasterly to latitude37[deg]50[min]57.5[sec] N., 
longitude 122[deg]27[min]57[sec] W.;thence southwesterly to the shore of 
Sausalito at latitude37[deg]50[min]36[sec] N., longitude 
122[deg]28[min]34[sec] W.
    (9) Anchorage No. 12. In San Francisco Bay east of the cityof San 
Francisco a circular area having a radius of 500 yards centeredat 
latitude 37[deg]44[min]32.5[sec] N., longitude122[deg]20[min]27.5[sec] 
W. A 667-yard-wide forbidden anchoragezone surrounds this anchorage.
    (10) Anchorage No. 13. In San Francisco Bay east of theTiburon 
Peninsula a circular area having a radius of 333 yardscentered at 
latitude 37[deg]55[min]26[sec] N., longitude122[deg]27[min]27[sec] W. A 
667-yard-wide forbidden anchorage zonesurrounds this anchorage except 
where such zone would extend beyondthe limits of Anchorage No. 4.

    Note: See Sec. 110.224(e)(2) for a description ofAnchorage No. 4.

    (11) Anchorage No. 14. In San Francisco Bay east of HuntersPoint an 
area 1,000 yards wide and 2,760 yards long, the endboundaries of which 
are semicircles, with a radii of 500 yards andcenter, respectively at 
latitude 37[deg]42[min]37[sec] N.,longitude 122[deg]19[min]48[sec] W. 
and latitude37[deg]43[min]29[sec] N., longitude 122[deg]19[min]48[sec] 
W.(NAD 83); and the side boundaries of which are parallel 
tangentsjoining the semicircles. A forbidden anchorage zone extends 667 
yardsout from the perimeter on each side.
    (12) Anchorage No. 18. In San Pablo Bay bounded by the westshore of 
San Pablo Bay and the following lines: Beginning at the shoreat Point 
San Pedro at latitude 37[deg]59[min]16[sec] N., 
longitude122[deg]26[min]47[sec] W.; thence easterly to 
latitude37[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., 
longitude122[deg]25[min]52.5[sec] W.; thence northwesterly to the 
shoresouth of the entrance to Novato Creek at 
latitude38[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 
andthe extension of this channel easterly to the boundary of 
theanchorage, and the pipeline area therein.
    (13) Anchorage No. 19. In San Pablo Bay bounded by thenortheast 
shore of San Pablo Bay and the following lines: Beginning atthe shore of 
Tubbs Island at latitude 38[deg]07[min]39[sec] N.,longitude

[[Page 524]]

122[deg]25[min]18[sec] W.; thence southerly tolatitude 
38[deg]00[min]36[sec] N., longitude122[deg]25[min]20[sec] W.; thence 
northeasterly to latitude38[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 longdike extending southwesterly from Mare Island at 
latitude38[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.
    (14) Anchorage No. 20. In San Pablo Bay bounded by thesoutheast 
shore of San Pablo Bay and the following lines: Beginning atthe 
northeast corner of Parr Terminal No. 4 at Point San Pablo atlatitude 
37[deg]57[min]59[sec] N., longitude122[deg]25[min]35[sec] W.; thence 
northeasterly to latitude38[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 atlatitude 38[deg]03[min]18[sec] N., 
longitude122[deg]15[min]37[sec] W.; and thence along this pier to the 
shore.
    (15) Anchorage No. 21. In San Pablo Bay south of Mare Islanda 
rectangular area beginning at latitude 38[deg]03[min]56[sec] 
N.,longitude 122[deg]15[min]56[sec] W.; thence easterly to 
latitude38[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., 
longitude122[deg]15[min]16[sec] W.; thence westerly to 
latitude38[deg]03[min]42[sec] N., longitude 122[deg]15[min]52[sec] 
W.;thence northerly to the point of beginning.
    (16) Anchorage No. 22, Carquinez Strait. In Carquinez Straitan 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; thenceback
                                     to
38[deg]02[min]36.8[sec] N.          122[deg]09[min]59[sec] W.
 

    (17) Anchorage No. 23, Benicia. In Carquinez Strait an areabounded 
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;
                                     thenceback to
38[deg]02[min]33.9[sec] N.          122[deg]09[min]00[sec] W.
 

    (18) Anchorage No. 24. Bounded by the north shore ofCarquinez Strait 
and the following points: Beginning on the shore atDillon 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 to38[deg]02[min]36[sec] N, 122[deg]10[min]03[sec] W 
(CarquinezStrait Light 23); thence to the shore at the Benicia City 
Wharf at38[deg]02[min]40[sec] N, 122[deg]09[min]55[sec] W (NAD 83).
    (19) Anchorage No. 26. On the west side of Suisun Bay,adjacent to 
and northeast of the city of Benicia within the 
followingboundaries:Beginning on the shore northeast of Army Point at 
latitude38[deg]02[min]54[sec] N., longitude 122[deg]07[min]37[sec] 
W.;thence south-southeasterly along the Southern Pacific bridge 
tolatitude 38[deg]02[min]38[sec] N., longitude122[deg]07[min]24[sec] W.; 
thence easterly to latitude38[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 theshore at latitude 38[deg]05[min]58[sec] N., 
longitude122[deg]04[min]28[sec] W.; thence along the shore to the point 
ofbeginning.
    (20) Anchorage No. 27. In the northeast portion of SuisunBay bounded 
by the north shore and the following lines: Beginning onthe 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 tripodat 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 southshore of Roe Island to 
latitude 38[deg]04[min]05[sec] N., longitude122[deg]01[min]35[sec] W.; 
thence east-southeasterly to latitude38[deg]03[min]42.5[sec] N., 
longitude 121[deg]58[min]54[sec] W.;thence easterly to the shore of 
Chipps Island at latitude38[deg]03[min]42.5[sec] N., longitude 
121[deg]55[min]05[sec] W.
    (21) Anchorage No. 28. The area bounded on the east by theshore of 
Lower Sherman Island and the following lines: Beginning atPoint 
Sacramento on Lower Sherman Island at latitude38[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 tolatitude 38[deg]02[min]11[sec] N.; 
longitude121[deg]49[min]58[sec] W.; thence to the shore of Lower 
ShermanIsland at latitude 38[deg]02[min]23[sec] N., 
longitude121[deg]49[min]49[sec] W.
    (22) Anchorage No. 30. The portion of the Old San JoaquinRiver 
Channel bounded on the west by the shore of Mandeville Point andthe 
following lines: Beginning on the shore of Mandeville Point atlatitude 
38[deg]04[min]01[sec] N., longitude121[deg]32[min]05[sec] W.; thence 
northeasterly to latitude38[deg]04[min]07.5[sec] N.,

[[Page 525]]

longitude121[deg]31[min]58[sec] W.; thence southeasterly to 
latitude38[deg]03[min]47[sec] N., longitude 121[deg]31[min]42.5[sec] 
W.;thence westerly to the shore of Mandeville Point at 
latitude38[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; CGD96-026, 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; 
CGD11-04-002, 73 FR 4471, Jan. 25, 2008]



Sec. 110.228  Columbia River, Oregon and Washington.

    (a) The anchorage grounds.--(1) Astoria NorthAnchorage. An area 
enclosed by a line beginning north of Astoria,Oregon, at latitude 
46[deg]11[min]47[sec] N, longitude123[deg]49[min]39[sec] W; thence 
continuing northerly to latitude46[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, longitude123[deg]46[min]23[sec] W; thence 
southerly to latitude46[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, longitude123[deg]49[min]13[sec] W; thence 
westerly to the point ofbeginning.
    (2) Astoria South Anchorage. An area enclosed by a linebeginning 
north of Astoria, Oregon, at latitude46[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 tolatitude 46[deg]13[min]03[sec] N, 
longitude123[deg]45[min]50[sec] W; thence northeasterly to 
latitude46[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, 
longitude123[deg]45[min]30[sec] W; thence southwesterly to 
latitude46[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, 
longitude123[deg]47[min]24[sec] W; thence southwesterly to the point 
ofbeginning.
    (3) Longview Anchorage. An area enclosed by a line 
beginningsoutheast of Longview, Washington, at 
latitude46[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 tolatitude 
46[deg]06[min]58[sec] N, longitude122[deg]58[min]20[sec] W; thence 
southeasterly to latitude46[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, longitude122[deg]58[min]04[sec] W; thence 
westerly to latitude46[deg]06[min]35[sec] N, longitude 
122[deg]58[min]10[sec] W;thence northwesterly to latitude 
46[deg]06[min]42[sec] N, longitude122[deg]58[min]23[sec] W; thence 
northwesterly to the point ofbeginning.
    (4) Kalama Anchorage. An area enclosed by a line beginningnortheast 
of Sandy Island at latitude 46[deg]00[min]59[sec] N,longitude 
122[deg]51[min]31[sec] W; thence continuing southeasterlyto latitude 
46[deg]00[min]55[sec] N, longitude122[deg]51[min]27[sec] W; thence 
southeasterly to latitude46[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, longitude122[deg]50[min]48[sec] W; thence 
westerly to latitude45[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, longitude122[deg]51[min]26[sec] W; thence 
northwesterly to latitude46[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 beginningeast of 
Columbia City, Oregon, at latitude 45[deg]53[min]56[sec] N,longitude 
122[deg]48[min]13[sec] W; thence continuing easterly tolatitude 
45[deg]53[min]58[sec] N, longitude122[deg]47[min]58[sec] W; thence 
southerly to latitude45[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, longitude122[deg]47[min]59[sec] W; thence 
northerly to latitude45[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 linebeginning near 
the mouth of Bachelor Slough at latitude45[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 tolatitude 45[deg]46[min]26[sec] N, 
longitude122[deg]45[min]56[sec] W; thence southerly to 
latitude45[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, 
longitude122[deg]45[min]41[sec] W; thence southerly to 
latitude45[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, 
longitude122[deg]45[min]48[sec] W; thence northerly to 
latitude45[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, 
longitude122[deg]46[min]55[sec] W; thence northeasterly to the point 
ofbeginning.

[[Page 526]]

    (7) Willow Bar Anchorage. An area enclosed by a linebeginning 
northeast of Reeder Point at latitude45[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 latitude45[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, longitude122[deg]46[min]22[sec] W; thence 
northerly to the point ofbeginning.
    (8) Kelley Point Anchorage. An area enclosed by a linebeginning east 
of Kelley Point at latitude 45[deg]39[min]07[sec] N,longitude 
122[deg]45[min]36[sec] W; thence continuing northeasterlyto latitude 
45[deg]39[min]11[sec] N, longitude122[deg]45[min]32[sec] W; thence 
southerly to latitude45[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, longitude122[deg]45[min]22[sec] W; thence 
northerly to the point ofbeginning.
    (9) Hayden Island Anchorage. An area enclosed by a linebeginning 
south of Mathews Point at latitude 45[deg]38[min]44[sec]N, longitude 
122[deg]44[min]35[sec] W; thence continuing easterlyto latitude 
45[deg]38[min]27[sec] N, longitude122[deg]43[min]21[sec] W; thence 
southeasterly to latitude45[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, longitude122[deg]43[min]40[sec] W; thence 
northwesterly to latitude45[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 areintended for 
the primary use of deep-draft vessels over 200 feet inlength.
    (2) If a vessel under 200 feet in length is anchored in adesignated 
anchorage, the master or person in charge of the vesselshall:
    (i) Ensure that the vessel is anchored so as to minimize 
conflictwith large, deep-draft vessels utilizing or seeking to utilize 
theanchorage; and
    (ii) Move the vessel out of the area if requested by the master ofa 
large, deep-draft vessel seeking to enter or depart the area or 
ifdirected by the Captain of the Port.
    (3) No vessel may occupy a designated anchorage for more than 
30consecutive days without a permit from the Captain of the Port.
    (4) No vessel being layed-up or dismantled or undergoing 
majoralterations or repairs may occupy a designated anchorage without 
apermit from the Captain of the Port.
    (5) No vessel carrying a Cargo of Particular Hazard listed inSec. 
126.10 of this chapter may occupy a designatedanchorage without 
permission from the Captain of the Port.
    (6) No vessel in a condition such that it is likely to sink 
orotherwise become a hazard to the operation of other vessels 
shalloccupy a designated anchorage except in an emergency and then only 
forsuch periods as may be authorized by the Captain of the Port.
    (7) Except as allowed for emergencies, no vessel may occupy 
eitherthe Henrici Bar or Willow Bar Anchorages during the commercial 
driftfishing seasons established by the Oregon Department of Fish 
andWildlife (ODFW). Vessels occupying either of these anchorages at 
thetime a drift fishing season is announced must depart prior 
tocommencement of the season. In no case, however, shall a vessel 
haveless than 48 hours to effect the move.
    (8) ODFW will normally notify the Captain of the Port four days 
inadvance of any commercial drift fishing season. Once notified, 
theCaptain of the Port will inform the Portland Steamship 
OperatorsAssociation (PSOA) via the Merchant's Exchange and will notify 
theColumbia 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 (PortAngeles Harbor). 
Beginning at a point on the shore at latitude48[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., longitude123[deg]24[min]00[sec] W.; thence 
to latitude48[deg]07[min]36.7[sec] N., longitude 123[deg]23[min]46[sec] 
W.;thence to a point on the shoreline at latitude48[deg]06[min]57.4[sec] 
N., longitude 123[deg]24[min]04[sec] W.
    (b) The regulations. (1) No vessel may anchor in thisnonanchorage 
area at any time.
    (2) Dragging, seining, fishing, or other activities which may 
foulunderwater installations within this nonanchorage area are 
prohibited.
    (3) Vessels may transit his nonanchorage area, but must proceed by

[[Page 527]]

the most direct route and without unnecessary delay.
    (4) The city of Port Angeles will mark this area with signs on 
theshoreline 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 Bayemergency explosives 
anchorage, Strait of Juan de Fuca. All ofFreshwater Bay and adjacent 
waters shoreward of a line beginning atObservatory Point, latitude 
48[deg]09[min]03[sec], longitude123[deg]38[min]12[sec], thence due north 
approximately 1,150 yardsto latitude 48[deg]09[min]36[sec], 
longitude123[deg]38[min]12[sec]; thence 90[deg], approximately 6,450 
yards,to latitude 48[deg]09[min]36[sec], 
longitude123[deg]33[min]27[sec]; thence 180[deg] to the shoreline.
    (i) This area does not constitute an explosives anchorage forloading 
or discharging explosives, but is established exclusively foruse by 
explosives laden vessels enroute to the ammunition dumping areawhich 
encounter adverse weather and sea conditions and are forced toawait more 
favorable conditions before proceeding to sea.
    (1-a) Bellingham Bay General Anchorage. The waters ofBellingham Bay 
within a circular area with a radius of 2,000 yards,having its center at 
latitude 48[deg]44[min]15[sec], longitude122[deg]32[min]25[sec].
    (1-b) Bellingham Bay Explosives Anchorage. The watersof Bellingham 
Bay within a circular area with a radius of 1,000 yards,having its 
center at latitude 48[deg]42[min]48[sec], 
longitude122[deg]33[min]37[sec].
    (2) Port Townsend Explosives Anchorages--(i) Fairweather anchorage 
area. A circular area having a radius of 300yards, whose center is at 
latitude 48[deg]06[min]26[sec], longitude122[deg]43[min]46[sec].
    (ii) Foul weather anchorage area. A circular area having aradius of 
300 yards, whose center is at latitude48[deg]04[min]05[sec], longitude 
122[deg]44[min]52[sec].
    (3) Holmes Harbor General Anchorage. All of Holmes Harborlying 
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 SnohomishRiver Light 5; thence 
180[deg], 675 yards; thence 216[deg], 250yards; thence 254[deg], 800 
yards; thence 302[deg], 1,700 yards;thence 49[deg], 1,280 yards; thence 
approximately 115[deg], 1,525yards, to the point of beginning.
    (5) [Reserved]
    (6) Thorndike Bay Emergency Explosives Anchorage, HoodCanal. 
Beginning at a point bearing 267[deg], 3,500 yards, fromHood Canal Light 
7; thence 180[deg], 1,000 yards to a pointapproximately 251[deg], 3,725 
yards, from Hood Canal Light 7; thence270[deg], 1,350 yards to a point 
approximately 256[deg], 5,000yards, from Hood Canal Light 7; thence due 
north 1,000 yards, to apoint 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 apoint bearing 
207[deg], 1,100 yards, from Fourmile Rock Light; thencesoutheasterly to 
a point bearing 6[deg]30[min], 2,075 yards, fromDuwamish 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 1,350yards to latitude 
47[deg]36[min]56.6[sec] N., Longitude122[deg]22[min]38[sec] W.; thence 
due east to the shore at latitude47[deg]36[min]56.6[sec] N., Longitude 
122[deg]21[min]18.8[sec]W.
    (9) Elliott Bay General Anchorage (east). Shoreward of aline 
beginning at the northeast corner of Harbor Island at 
latitude47[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 saidline to its 
intersection with the east line of the West Waterway atlatitude 
47[deg]35[min]56.5[sec] N., longitude120[deg]21[min]25.5[sec] W.; thence 
due south to the northwestcorner 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 aline 
beginning at latitude 47[deg]35[min]06.7[sec] N., 
longitude122[deg]21[min]36.8[sec] W.; thence due north to 
latitude47[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 
latitude47[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 
theshoreline.

[[Page 528]]

    (11) Orchard Point General Anchorage, Puget Sound.Beginning at 
Orchard Point Light; thence 106[deg], two miles; thence180[deg] to the 
northern shore of Blake Island; thence west and southalong the shoreline 
to the southern end of Blake Island at approximatelongitude 
122[deg]29[min]16[sec]; thence 250[deg] to the dock atHarper; thence 
westerly and northerly along the shoreline to the pointof beginning.
    (12) [Reserved]
    (13) Commencement Bay General Anchorage. A quadrilateralarea bounded 
as follows: Beginning at latitude47[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., longitude122[deg]26[min]00[sec] W.; thence due 
east to a point bearing286[deg] T from Hylebos Waterway Light 1 at a 
distance of 450yards; thence due north to latitude 47[deg]17[min]33[sec] 
N.,longitude 122[deg]25[min]00[sec] W.; thence west northwest to 
thepoint of beginning.
    (14) Cherry Point General Anchorage. The waters within acircular 
area with a radius of 0.8 nautical mile, having its center atlatitude 
48[deg]48[min]30[sec] N., longitude122[deg]46[min]00[sec] W.
    (15) Anacortes General Anchorages. (i) Anacortes East(ANE) Anchorage 
Area. The waters within a circular area with aradius 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 waterswithin a 
circular area with a radius of 600 yards, having its centerat 
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 withina 
circular area with a radius of 600 yards, having its center 
at48[deg]31[min]09[sec] N, 122[deg]34[min]55[sec] W. [Datum: NAD1983].
    (16) Cap Sante Tug and Barge General Anchorage. The CapSante Tug and 
Barge General Anchorage includes all waters enclosed bya line connecting 
the following points: 48[deg]31[min]16[sec] N,122[deg]36[min]00[sec] W, 
which is approximately the northeast tipof Cap Sante; then southeast to 
48[deg]30[min]53[sec] N,122[deg]35[min]28[sec] W; then west southwest 
to48[deg]30[min]45[sec] N, 122[deg]35[min]52[sec] W, approximatelythe 
south tip of Cap Sante; then north along the shoreline to thepoint of 
origin. [Datum: NAD 1983].
    (17) Hat Island Tug and Barge General Anchorage. The HatIsland Tug 
and Barge General Anchorage includes all waters enclosed bya line 
connecting the following points: 48[deg]31[min]19[sec] 
N,122[deg]33[min]04[sec] W, near the west side of Hat Island; 
thensouthwest 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 anygeneral 
anchorage described in paragraph (a) of this section withoutprior 
permission from the Captain of the Port (COTP), or hisauthorized 
representative. Vessel Traffic Service Puget Sound isdesignated as the 
COTP's authorized representative. All vessels shouldseek permission at 
least 48 hours prior to arrival at the anchoragearea in order to avoid 
unnecessary delays.
    (i) Except for the Anacortes General Anchorages, a berth in ageneral 
anchorage, if available, may be assigned to any vessel by theCaptain of 
the Port or his authorized representative upon applicationand he may 
grant revocable permits for the continuous use of the sameberth. For the 
Anacortes General Anchorages, the following hierarchywill be applied for 
assignment of a berth: tankers conductinglightering operations, then 
loaded tankers, and then all othervessels.
    (ii) Tugs and oil barges using the Cap Sante and Hat IslandGeneral 
Anchorages are exempt from the requirement to obtain theCOTP's 
permission.
    (2) Except for the Anacortes General Anchorages, no vessel 
shalloccupy any general anchorage for a period longer than 30 days 
unless apermit is obtained from the Captain of the Port for that 
purpose.There is a 10 days maximum stay at the Anacortes East and 
AnacortesCenter general anchorages, and 6 day maximum stay at the 
AnacortesWest general anchorage.
    (3) The COTP or his authorized representative may require vesselsto 
depart from the Anacortes General Anchorage before the expirationof the 
authorized or maximum stay. The COTP or his authorizedrepresentative 
will provide at least 24-hour notice to a vesselrequired to depart the 
Anacortes General Anchorage.

[[Page 529]]

    (4) No vessel in a condition such that it is likely to sinkor 
otherwise become a menace or obstruction to the navigation oranchorage 
of other vessels shall occupy any general anchorage exceptin an 
emergency and then only for such period as may be permitted bythe 
Captain of the Port.
    (5) Within the Anacortes General Anchorages, lightering 
operationsshall only be conducted in the Anacortes West and Anacortes 
Centeranchorages.
    (6) Tugs and barges using the Cap Sante and Hat Island BargeGeneral 
Anchorages are required to ensure their vessels and barges donot project 
beyond the holding area's boundaries. The tug must bemanned, remain in 
attendance with the barge and maintain acommunications guard with VTS on 
an appropriate VTS VHF radio workingfrequency, which is currently 
channel 5A.
    (7) No vessel shall anchor in any general anchorage described 
inparagraph (a) of this section without prior permission from theCaptain 
of the Port, or his authorized representative. No vessel shalloccupy any 
general anchorage for a period longer than 30 days unless apermit is 
obtained from the Captain of the Port for that purpose. Novessel in a 
condition such that it is likely to sink or otherwisebecome a menace or 
obstruction to the navigation or anchorage of othervessels shall occupy 
a general anchorage except in an emergency andthen only for such period 
as may be permitted by the Captain of thePort. A berth in a general 
anchorage, if available, may be assigned toany vessel by the Captain of 
the Port upon application and he maygrant revocable permits for the 
continuous use of the same berth.
    (8) Explosive anchorages are reserved for vessels 
carryingexplosives. All vessels carrying explosives shall be within 
theseareas when anchored.
    (9) Whenever any vessel not fitted with mechanical power, anchorsin 
an explosive anchorage, the Captain of the Port may require 
theattendance of a tug upon such vessel, when, in his judgment, 
suchaction is necessary.
    (10) Vessels carrying explosives shall comply with the 
generalregulations in paragraph (b)(1) of this section, when applicable.
    (11) Every vessel at anchor in an explosives anchorage shalldisplay 
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 nomast, and by 
night a red light in the same position specified for theflag. These 
signals shall be in addition to day signals and lightsrequired to be 
shown by all vessels when at anchor.
    (12) Every vessel constructed of wood shall, unless there aresteel 
bulwarks or metallic cases or cargo on board, be fitted withradar 
reflector screens of metal of sufficient size to permit targetindication 
on the radar screen of commercial type radars.
    (13) Fishing and navigation by pleasure and commercial craft 
areprohibited within the area at all times when vessels which 
areanchored in the area for the purpose of loading or 
unloadingexplosives display a red flag by day and a red light by night, 
unlessspecial permission is granted by the Captain of the Port.
    (14) No explosives handling in any explosive anchorage will 
beundertaken by any vessel unless personnel from the Captain of the 
Portare on board to supervise the handling of explosives.
    (15) No vessel shall remain at anchor in any explosive 
anchorageunless there is on board such vessel a competent watchman or a 
tug inattendance.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citationsaffecting Sec. 
110.230, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 110.231  Ketchikan Harbor, Alaska, Large Passenger Vessel Anchorage.

    (a) The anchorage grounds. Ketchikan Harbor, Alaska, LargePassenger 
Vessel Anchorage. The waters of Ketchikan Harbor,Ketchikan, Alaska, 
enclosed by the following boundary lines: A linefrom Thomas Basin 
Entrance Light ``2'' to East ChannelLighted Buoy ``4A'', to Pennock 
Island Reef Lighted Buoy``PR'', to Wreck Buoy ``WR6'', then followinga 
line bearing 064 degrees true to shore. This anchorage is effective24 
hours per day from 1 May through 30 September, annually.

[[Page 530]]

    (b) The regulations. (1) When transiting through theanchorage, all 
vessels using propulsion machinery shall proceed acrossthe 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 
1600gross tons, (including ferries), may anchor within the 
anchoragewithout the express consent of the Captain of the Port, 
SoutheastAlaska.

[CGD17-99-002, 64 FR 29558, June 2, 1999]



Sec. 110.232  Southeast Alaska.

    (a) The anchorage grounds--(1) HasslerHarbor--explosives anchorage. 
The waters of Hassler Harborwithin a circular area with a radius of 
1,500 yards, having its centerat latitude 55[deg]12[min]52[sec] N., 
longitude131[deg]25[min]52[sec] W.
    (b) The regulations. (1) Except in an emergency, only avessel that 
is transporting, loading or discharging explosives mayanchor, moor, or 
remain within the Hassler Harbor explosivesanchorage.
    (2) A master or person in charge of a vessel shall obtain awritten 
permit from the Captain of the Port, Southeast, Alaska, toanchor, moor, 
or remain within the explosives anchorage. The vesselshall anchor in the 
position specified by the permit.
    (3) The net weight of the explosives laden aboard all 
vesselsanchored, moored, or remaining within the anchorage shall not 
exceed800,000 pounds.
    (4) The Captain of the Port, Southeast, Alaska, may require anonself 
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 
sufficientsize to permit target indication on the radar screen of 
commercialtype radar; or
    (ii) Have steel bulwarks; or
    (iii) Have metallic cases or cargo aboard.
    (6) Each vessel moored, anchored, or remaining within theexplosives 
anchorage and carrying, loading, or discharging explosivesfrom 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 OpenFlame'' in letters that are 3 inches or 
larger and havesufficient contrast with the background to be seen from a 
distance of200 feet.
    (7) Each vessel moored, anchored, or remaining within theanchorage 
during the night shall display:
    (i) Anchor lights; and
    (ii) A 32 point red light located from the mast or highest part 
ofthe vessel to be visible all around the horizon for a distance of 
2miles.

[CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended byCGD 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 latitude60[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., longitude146[deg]30[min]00[sec] W.; thence 
north to latitude60[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 thetemporary 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 
thevessel traffic center in Valdez; and
    (3) Each vessel anchored shall notify the vessel traffic center 
inValdez when it weighs anchor.

[CGD 77-144, 43 FR 21459, May 18, 1978]



Sec. 110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD83).

    (a) The anchorage grounds--(1) Anchorage A. The watersbounded by the 
arc of a circle with a radius of 350 yards with thecenter 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 
thefollowing coordinates:

[[Page 531]]



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; andthence
                                     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 
aradius 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 
aradius 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 theanchorage 
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 
inbulk of any kind is permitted within Anchorage A.
    (4) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from complying with the rulesof 
navigation and with safe navigation practice.
    (c) Before entering into the anchorage grounds in this section 
youmust first obtain permission from the Captain of the Port Honolulu.

[CGD14-93-003, 59 FR 40820, Aug. 10, 1994, asamended by CGD14-03-001, 68 
FR 20346, Apr. 25, 2003]



Sec. 110.236  Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: Offshorepipeline terminal anchorages.

    (a) The anchorage grounds--(1) Anchorage A. Thewaters within an area 
described as follows: A circle of 1,000 feetradius centered at latitude 
21[deg]17[min]43.6[sec] N., longitude158[deg]07[min]36.1[sec] W. (Datum 
NAD 83)
    (2) Nonanchorage area A. The waters extending 300 feet oneither side 
of a line bearing 059[deg] from anchorage A to theshoreline at latitude 
21[deg]18[min]10.6[sec] N., longitude158[deg]06[min]47.1[sec] W. (Datum 
NAD 83)
    (3) Anchorage B. The waters enclosed by a line beginning atlatitude 
21[deg]16[min]20.1[sec] N., longitude158[deg]04[min]59.1[sec] W.; thence 
to latitude21[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., 
longitude158[deg]05[min]35.9[sec] W.; thence to 
latitude21[deg]16[min]27.4[sec] N., longitude 158[deg]05[min]28[sec] 
W.;thence to the point of beginning. (Datum NAD 83)
    (4) Nonanchorage area B. The waters extending 300 feet oneither side 
of a line bearing 334.5[deg] from anchorage B to theshoreline at 
latitude 21[deg]17[min]39.1[sec] N., longitude158[deg]06[min]03.2[sec] 
W. (Datum NAD 83)
    (5) Anchorage C. The waters enclosed by a line beginning atlatitude 
21[deg]16[min]46.6[sec] N., longitude158[deg]04[min]29.1[sec] W.; thence 
to latitude21[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., longitude158[deg]04[min]02.1[sec] W.; thence to 
latitude21[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 oneither side 
of a line bearing 306[deg] from anchorage C to theshoreline at latitude 
21[deg]17[min]42.6[sec] N., longitude158[deg]05[min]57.9[sec] W. (Datum 
NAD 83)
    (7) Anchorage D. The waters enclosed by a line beginning atlatitude 
21[deg]17[min]48.6[sec] N., longitude158[deg]07[min]10.1[sec] W.; thence 
to latitude21[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., longitude158[deg]07[min]14.1[sec] W.; thence to 
latitude21[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, ornavigate in 
anchorages A, B, C, or D except:
    (i) Vessels using the anchorages and their related pipelines 
forloading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other 
vesselsengaged 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 
asindicated by the display of a red flag (international code flag B) 
atthe masthead, passing vessels of over 100 gross tons shall notapproach 
within 1,000 yards at a speed in excess of 6 knots.
    (3) The owner of any vessel wanting to use an anchorage ground 
anduse of the related pipeline facilities shall notify the Captain of 
thePort, Honolulu, Hawaii, and the Commanding Officer, U.S. Naval 
AirStation, Barbers Point, Hawaii, at least 24 hours in advance 
ofdesired occupancy of the anchorage

[[Page 532]]

ground by the vessel. Suchnotification must include the maximum height 
above the waterline ofthe uppermost portion of the vessel's mast and a 
description of themasts' lighting including height of the highest anchor 
light and anyaircraft warning lights to be displayed by the vessel at 
night.
    (4) When, in the opinion of the Captain of the Port, or 
hisauthorized representative, oil transfer operations within 
theseanchorages could jeopardize the safety of vessels or facilities in 
thearea, or cause an undue risk of oil pollution, such oil 
transferoperations shall be immediately terminated until such time as 
thecognizant Coast Guard officer determines that the danger has 
subsided.
    (5) Nonanchorage areas A, B, and C are established for theprotection 
of submerged pipelines. Except for vessels servicingpipeline facilities, 
no anchoring, dragging, seining or otherpotential pipeline fouling 
activities are permitted within theseareas.
    (6) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from complying with the rulesof the 
road and safe navigation practice.
    (7) The regulations of this section are enforced by the Captain 
ofthe Port or his duly authorized representative.

[CGD 73-59R, 38 FR 16777, June 26, 1973, as amended byCGD 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 circlehaving a 
radius of 300 yards centered at latitude21[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 excepta Naval 
vessel may anchor or moor in this anchorage without permissionof the 
Captain of the Port, Honolulu, Hawaii.

[CGD 74-187, 41 FR 54176, Dec. 13, 1976, as amended byCGD 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:

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 Abounded 
by the arc of a circle with a radius of 350 yards and locatedat:

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 
GeneralAnchorage bounded by the arc of a circle with a radius of 350 
yardsand 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 
thefollowing 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 
thefollowing 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. Anyvessel may anchor in 
the General Anchorage except vessels carryingmore than 25 tons of high 
explosives.
    (2) Explosives Anchorage 701. Vessels carrying more than 25tons of 
high explosives must use Anchorage 701, unless otherwisedirected by the 
Captain of the Port.
    (3) Naval Explosives Anchorage 702. Except Naval vesselsusing the 
anchorage as directed by local Naval authorities, no vesselmay anchor so 
that any part of the hull or rigging, or the anchor

[[Page 533]]

tackle may extend into Anchorage 702 at any time.
    (4) Naval Anchorages A and B. (i) Except as provided inparagraph 
(b)(3)(ii) of this section, non-naval vessels may not anchorwithin these 
anchorages or use the mooring buoys therein withoutpermission of the 
local Naval authorities obtained through the Captainof the Port. (There 
is a user charge for the use of these mooringbuoys.)
    (ii) Small craft that are continuously manned and capable ofgetting 
underway may anchor within these anchorages during daylighthours without 
prior approval of the Captain of the Port.
    (5) General regulations. (i) Vessels may use the Navalmooring buoys 
in the General Anchorage without charge for a period upto 72 hours if 
authorized by the Captain of the Port. Vessels somoored shall promptly 
move at their own expense upon notification fromthe Captain of the Port.
    (ii) Except for vessels not more than 65 feet in length, allvessels 
shall anchor in an anchorage ground.
    (iii) Vessels anchored in an anchorage ground shall place 
theiranchors within the anchorage ground so that no portion of the hull 
orrigging at any time extends outside the anchorage ground.
    (iv) No vessel may anchor in the harbor for more than 30consecutive 
days without permission of the Captain of the Port.

[CDG14-87-02, 52 FR 25864, July 9, 1987, asamended 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 
theshoreline having a radius of 1,900 yards centered at 
latitude14[deg]58[min]57.0[sec] N, longitude 145[deg]35[min]40.8[sec] E.
    (2) Explosives Anchorage B. A circular area intersecting 
theshoreline having a radius of 1,900 yards centered at 
latitude14[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 
theexception of explosives laden naval vessels at explosives anchorage 
Aand B, no vessel may anchor within these areas without permission ofthe 
Captain of the Port. No vessel of more than 500 gross tonsdisplacement 
may enter these areas except for the purpose of anchoringin 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 AnchorageE (general). 
Beginning at a point which bears 262[deg] T, 878yards from Isla Grande 
Aero Beacon; thence along a line75[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 northerlychannel limit of Graving Dock Channel, and thence to the 
point ofbeginning.
    (2) Restricted Anchorage F. Beginning at a point which 
bears212[deg]30[min], 1,337.5 yards from Isla Grande Light; thence 
alonga line 269[deg]00[min], 550 yards; thence along a 
line330[deg]00[min] to the westerly channel limit of Anegado Channel;and 
thence along the westerly channel limit of Anegado Channel to thepoint 
of beginning.
    (b) The regulations. (1) Vessels awaiting customs orquarantine shall 
use Temporary Anchorage E. No vessel shall remain inthis anchorage more 
than 24 hours without a permit from the U.S. CoastGuard Captain of the 
Port.
    (2) Restricted Anchorage F shall serve both as an additionalgeneral 
anchorage area in cases where the temporary anchorage is full,and as an 
explosives anchorage for vessels loading or unloadingexplosives in 
quantities no greater than forty (40) tons, CommercialClass ``A'' 
Explosives, when so authorized by the UnitedStates Coast Guard Captain 
of the Port. No vessel shall enter oranchor therein without first 
obtaining a permit from the United StatesCoast Guard Captain of the 
Port.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 79-119, 45 FR 
32673, May 19, 1980; CGD7-83-29, 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 Passageexplosives anchorage 
and ammunition handling berth (Area 1). Acircular

[[Page 534]]

area having a radius of 1,700 yards with its center atlatitude 
18[deg]09[min]00[sec] N., longitude65[deg]32[min]40[sec] W.
    (2) Vieques Sound explosives anchorage and ammunition handlingberth 
(Area 2). A circular area having a radius of 2,000yards with its center 
at latitude 18[deg]11[min]48[sec], longitude65[deg]26[min]06[sec].
    (3) Southern Vieques Passage explosives anchorage andammunition 
handling berth (Area 3). A circular area having aradius of 2,000 yards 
with its center at latitude18[deg]05[min]51[sec], longitude 
65[deg]36[min]14[sec].
    (b) The regulations. (1) No vessel or craft shall enter orremain in 
these anchorages while occupied by vessels having on boardexplosives or 
other dangerous cargo. Explosives in quantities nogreater than 1,625 
short tons will be handled in any area at one time.
    (2) The regulations of this section shall be enforced by 
theCommander, Coast Guard Sector, San Juan, Puerto Rico, and 
suchagencies as he may designate.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byCGD 77-067, 44 FR 
50040, Aug. 27, 1979;USCG-2008-0179, 73 FR 35012, June 19, 2008]



Sec. 110.250  St. Thomas Harbor, Charlotte Amalie, V.I.

    (a) The anchorage grounds--(1) Inner harboranchorage. Beginning at a 
point bearing 85[deg], 525 yards fromthe 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 Rocklighted buoy 
No. 1 (latitude 18[deg]19[min]25.6[sec], 
longitude64[deg]55[min]41.8[sec] ); thence 180[deg], 1,580 yards; 
thence264[deg]30[min], 2,490 yards; thence due north 1,255 yards; 
thencedue east to the southerly tip of Sprat Point, Water Island; thence 
toCowell 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 thenorthwest boundary of 
the outer harbor anchorage; on the southwest byWater Island; and on the 
northwest by a line running from BananaPoint, Water Island, 55[deg] to 
Hassel Island.
    (4) Small-craft anchorage. All the waters north of a linepassing 
through the outer end of a pier at latitude18[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 of400 
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 onthe north 
by the southerly limit line of Anchorage E, on the west bythe easterly 
limit line of Anchorage A to a point at latitude18[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 atlatitude 
18[deg]20[min]15[sec], longitude 64[deg]55[min]13[sec].
    (b) The regulations. (1) The outer harbor anchorage shall beused by 
vessels undergoing examination by quarantine, customs,immigration, and 
Coast Guard officers. Upon completion of theseexaminations, vessels 
shall move promptly to anchorage. This anchorageshall also be used by 
vessels having drafts too great to permit themto use the inner harbor 
anchorage. No vessel shall remain more than 48hours in this anchorage 
without a permit from the Harbor Master.
    (2) The small-craft anchorage shall be used by small 
vesselsundergoing examination and also by small vessels anchoring 
underpermit 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 andcraft 
shall remain clear of the area. When the area is not requiredfor naval 
vessels, the Harbor Master may upon application made inadvance assign 
other vessels to the area. Vessels so assigned andoccupying the area 
shall move promptly upon notification by the HarborMaster.
    (4) The harbor regulations for the Port of St. Thomas, V.I. of 
theUnited States and approaches thereto, including all waters under 
itsjurisdiction, as adopted by the Government of the Virgin Islands, 
willapply to the Long Bay Anchorage.
    (5) In addition, the Long Bay Anchorage is reserved for all typesof 
small vessels, including sailing and motor

[[Page 535]]

pleasure craft, andsuch craft shall anchor in no other area except 
Anchorage E, in thenorthern portion of the harbor of Charlotte Amalie.
    (6) Floats for marking anchors in place will be allowed in theLong 
Bay anchorage; stakes or mooring piles are prohibited.
    (7) Vessels not more than 65 feet in length are not required 
toexhibit or carry anchor lights within the Long Bay anchorage, but 
mustdisplay them if emergency requires anchoring in any other part of 
theharbor.
    (8) No vessel may anchor in any of the St. Thomas HarborAnchorages 
without a permit from the Harbor Master.
    (9) The Coast Guard Captain of the Port San Juan is herebyempowered, 
whenever the maritime or commercial interests of the UnitedStates so 
require, to shift the position of any vessel anchored withinthe Long Bay 
anchorage, and of any vessel which is so moored oranchored as to impede 
or obstruct vessel movement in the harbor, andto enforce all regulations 
of this section should the need arise.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended byUSCG-2008-0179, 73 
FR 35012, June 19, 2008]



Sec. 110.255  Ponce Harbor, P.R.

    (a) Small-craft anchorage. On the northwest of PonceMunicipal Pier 
and northeast of Cayitos Reef, bounded as follows:Beginning at latitude 
17[deg]58[min]27[sec], longitude66[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, 900feet; 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 thePort may 
authorize use of this anchorage whenever he finds such userequired in 
safeguarding the maritime or commercial interests.
    (2) No vessel shall anchor within the area until assigned a berthby 
the Commonwealth Captain of the Port. Application for permission 
tooccupy the anchorage must be submitted in advance by the master 
orauthorized representative of the vessel.
    (3) Vessels occupying the anchorage will at all times keep withinthe 
limits of the area, and shall move or shift their positionpromptly upon 
notification by the Commonwealth Captain of the Port.
    (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 
ormooring piles are prohibited.

[[Page 537]]

                                  INDEX

                           SUBCHAPTER I_ANCHORAGES

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 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 538]]

                                 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: 
Offshorepipeline 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 
andGreat Diamond Island)...........................................110.6
Rockland Harbor, Maine...........................................110.132
Sheepscot River in the Vicinity of Edgecome, Maine...............110.131
Maryland
Blackhole Creek, MD...............................................110.72
Cabin Creek, Grasonville, MD.....................................110.71a

[[Page 539]]

Chesapeake and Delaware Canal, easterly of Courthouse Point,MD....110.70
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 NewcastleIsland........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

[[Page 540]]

                                 R

Rhode Island
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 541]]



                          SUBCHAPTER J_BRIDGES





PART 114_GENERAL--Table of Contents




Sec.
114.01 Purpose.
114.05 Definitions.
114.10 General policies on issuance of permits anddrawbridge 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, 406, 491, 494, 495, 499, 502,511, 513, 
514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and535(c), (e), 
and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L.107-296, 116 Stat. 
2135; 33 CFR 1.05-1 and1.01-60, Department of Homeland Security 
Delegation Number0170.1.

    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 isto 
implement certain laws and set forth the requirements for:
    (1) Locations and clearances of bridges and causeways over 
thenavigable waters;
    (2) Administration of the alteration of unreasonably 
obstructivebridges; and
    (3) Regulation of drawbridge operation.
    (b) The rules and regulations in this subchapter also describe 
theprocedures and practices, including forms and instructions, which 
areapplicable to the public subject to certain laws governing bridges 
andcauseways over the navigable waters of the United States.

[USCG-2008-0179, 73 FR 35012, June 19, 2008]



Sec. 114.05  Definitions.

    (a) General. Certain terms as used in this subchapter aredefined in 
this section.
    (b) Approved. The term ``approved'' meansapproved by the Commandant 
unless otherwise stated.
    (c) Bridges. The term ``bridge'' means astructure erected across 
navigable waters of the United States, andincludes causeways, 
approaches, fenders, and other appurtenancesthereto.
    (d) Coast Guard District Commander or District Commander.The term 
``Coast Guard District Commander'' or``District Commander'' means an 
officer of the Coast Guarddesignated as such by the Commandant to 
command all Coast Guardactivities within his or her district. (See Part 
3 of this chapter fordescriptions of Coast Guard Districts.)
    (e) Commandant. The term ``Commandant'' meansCommandant, U.S. Coast 
Guard, Department of Homeland Security,Washington, D.C. 20593.
    (f) District Office or Coast Guard District Office. The 
term``District Office'' or ``Coast Guard DistrictOffice'' means the 
Office of the Commander of a Coast GuardDistrict.
    (g) Headquarters or Coast Guard Headquarters. The 
term``Headquarters'' or ``Coast GuardHeadquarters'' means the Office of 
the Commandant, U.S. CoastGuard, Department of Homeland Security, 
Washington, D.C. 20593.
    (h) Permit. The term ``permit'' means thelicense permitting 
construction of bridges and approaches thereto inor over navigable 
waters of the United States, issued under the rulesand regulations in 
this subchapter.
    (i) Secretary. The term ``Secretary'' means theSecretary of Homeland 
Security or any person to whom he or she hasdelegated his or her 
authority in the matter concerned.
    (j) United States Coast Guard or Coast Guard. The term``United 
States Coast Guard'' or ``CoastGuard'' means the organization or agency 
established by the Actof 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 officerof the Coast Guard 
designated by the Commandant as the staff officerin

[[Page 542]]

charge of the Office of Navigation Safety and WaterwayServices, 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 byCGD 76-144, 42 FR 
28882, June 6, 1977; CGD 80-099, 46 FR38353, 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 FR33663, 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 operationregulations.

    The several bridge laws referenced in Sec. 114.01Purpose, are 
intended to prevent any interference with navigablewaters of the United 
States whether by bridges, dams, dikes or otherobstructions to 
navigation except by express permission of the UnitedStates. The 
decision as to whether a bridge permit or a drawbridgeoperation 
regulation will be issued or promulgated must rest primarilyupon the 
effect of the proposed action on navigation to assure thatthe action 
provides for the reasonable needs of navigation after fullconsideration 
of the effect of the proposed action on the humanenvironment. The Coast 
Guard is not responsible for any other permitsthat the applicant may 
need from other federal, state, or localagencies and issuance of a 
bridge permit does not affect flood controlprojects or other 
governmental programs.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982, as amended byUSCG-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 
theauthorized plans which does not materially affect navigation, 
thepermittee will be required to furnish a tracing showing the work 
asactually constructed but no further action will be taken by the 
CoastGuard.
    (b) It is not the practice of the Coast Guard to issue 
letterscertifying that completed work conforms to that which was 
authorized.That question is a matter of fact to be determined in case 
ofcontroversy by the usual rules of court procedure.



Sec. 114.25  Work constructed without prior authority.

    The Commandant or District Commander will approve plans and 
issuepermits authorizing bridges across navigable waters, in cases 
wherethe application therefor is submitted after the commencement 
orcompletion of the bridges subject to the following rules: Approvalwill 
be limited to those cases where the necessary primary authority,State or 
Federal as the case may be, validly existed, when the workwas innocently 
constructed, and where the work will not unreasonablyinterfere with 
navigation. Upon issuance of the permit, applicant willbe informed that 
the law contemplates prior approval and that in thefuture plans must be 
submitted in ample time for their considerationby 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, and525; 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 
thepart of the permittee to comply with any of the conditions therein, 
orwhere the structures or other work constitute an 
unreasonableobstruction to navigation or to operations of the United 
States in theinterest 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 forenforcement 
of the applicable provisions of law for the protection andpreservation 
of navigable waters. It is the policy of the Coast Guardto secure 
compliance with these provisions of law short of legalproceedings. As a 
general principle, no action is taken when theviolation is minor, 
unintentional, or accidental and the partyresponsible corrects the 
violation. It is the policy of the CoastGuard to implement civil or 
criminal proceedings in all othercircumstances.

[[Page 543]]

These proceedings are in subpart 1.07 of Part 1 ofthis chapter.

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

[CGD 82-102, 47 FR 54299, Dec. 2, 1982, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 114.45  Applications, extensions of time.

    Extensions of time to commence or complete construction of abridge 
or remove a bridge that has been replaced as an element of apermitted 
bridge project must be submitted to, and received by theDistrict 
Commander at least 30 days before the existing permit expiresto allow 
the permit to remain in effect until the final agency actionis 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 permitapplication 
or an application for drawbridge operation regulations maybe appealed to 
the Commandant, U.S. Coast Guard. The appeal must besubmitted in writing 
to the Administrator, Bridge AdministrationProgram, 2100 Second Street 
SW., Washington, DC 20593-0001,within 60 days of the District 
Commander's decision. The Commandantwill 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, and525; 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 byCGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997;USCG-2008-0179, 73 FR 35012, June 19, 2008]



PART 115_BRIDGE LOCATIONS AND CLEARANCES;ADMINISTRATIVE PROCEDURES--Table of Contents




Sec.
115.01 Purpose.
115.05 Necessary primary authority.
115.10 Limiting date in permits.
115.15 Permit bonds.
115.20 Transfer of permits.
115.30 Sufficiency of State authority for bridges.
115.40 Bridge repairs.
115.50 Applications for bridge permits.
115.60 Procedures for handling applications for bridgeconstruction 
          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 (33U.S.C. 521); c. 753, 
Title V, sec. 502, 60 Stat. 847, as amended (33U.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 
forconstruction of or modification to bridges crossing the 
navigablewaters of the United States. It also sets forth the procedures 
bywhich 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, theprimary 
authority will be presumed without proof. If the law of theState 
requires a license for or approval of the bridge from aconstituted State 
agency, a copy of such license or approval will berequired and may be 
accepted as evidence of the primary authority. Ifthere be no State 
regulation of bridges in navigable waters, thenecessary primary 
authority may be that granted in the charter of acorporation, or the 
authority inherent in the ownership of the land onwhich the structure is 
placed. The applicant will in such cases berequired to furnish an 
extract from the charter, or a statement ofownership. Especial care will 
be taken that Federal approval is notgranted when there is doubt of the 
right of the builder to constructand utilize the bridge.



Sec. 115.10  Limiting date in permits.

    (a) Specific time limitations are inserted in all permits for 
thecommencement of construction and completion thereof. Normally 
threeyears for start of construction and two additional years 
forcompletion may be allowed.

[[Page 544]]

    (b) Specific time limitations are inserted in all permits forthe 
removal of bridges being replaced in whole or in part by the 
newlypermitted bridges where removal thereof is required as a condition 
ofthe permit. Normally 90 days for removal after completion of the 
newbridge or opening to land transportation, whichever occurs first, 
maybe allowed.

[CGD 75-046, 40 FR 24898, June 11, 1975, as amended byCGD 80-099, 46 FR 
38354, July 27, 1981]



Sec. 115.15  Permit bonds.

    When compensatory works or the removal of temporary structuresshould 
be required of the permittee, or in other unusual cases whenthere is 
reason to anticipate that the permittee may fail to carry outparts of 
the work that are against his interest, an additionalcondition will be 
included in the permit requiring the permittee tofurnish a bond insuring 
compliance with the permit requirements.



Sec. 115.20  Transfer of permits.

    Permits express merely the assent of the Federal Government so faras 
concerns the public rights of navigation. Although issued to aspecific 
party, the assent is not limited to execution of the work bythat party 
and may be availed of by the assignees or purchasers of theproperty 
affected, provided the terms of the instrument are strictlycomplied 
with.



Sec. 115.30  Sufficiency of State authority for bridges.

    An opinion of the attorney general of the State as to thesufficiency 
of State authority for the construction of a bridge isacceptable to the 
Coast Guard in doubtful cases.



Sec. 115.40  Bridge repairs.

    Repairs to a bridge which do not alter the clearances, type 
ofstructure, or any integral part of the substructure or 
superstructureor navigation conditions, but which consist only in the 
replacement ofworn or obsolete parts, may, if the bridge is a legally 
approvedstructure, be made as routine maintenance without approval of 
the U.S.Coast Guard.



Sec. 115.50  Application for bridge permits.

    (a) Approval of plans. An application for authorization toconstruct 
a bridge across navigable waters of the United States mustshow the name 
and address of the applicant; the waterway and locationof the bridge; 
citation to the act of Congress or the Statelegislature authorizing the 
bridge; be accompanied by a map of thelocation and plans of the bridge 
showing the features which affectnavigation; and papers to establish the 
identity of the applicant.
    (b) Prior authority necessary. Except as provided underparagraph (c) 
of this section, a bridge cannot lawfully be constructedacross any 
navigable waterway of the United States until the locationand plans have 
been approved by the Coast Guard.
    (c) Prior authority not necessary. Coast Guard approval ofthe 
location and plans for construction or modification of a bridge 
orcauseway is not required for any bridge or causeway over waters 
whichare not subject to the ebb and flow of the tide and which are not 
usedand are not susceptible to use in their natural condition or 
byreasonable improvement as a means to transport interstate or 
foreigncommerce, whether or not such waters were used or were 
susceptible touse, at some previous time, to transport commerce 
(historic use). Thisprovision does not apply to bridges which connect 
the United Stateswith any foreign country.
    (d) Form. The application for the approval of plans consistsof a 
letter accompanied with maps and plans of the proposed structure.
    (e) Signature. In case of signature by an agent or by anofficial of 
a corporation, a duly authenticated copy of the authorityfor the action 
must accompany the application.
    (f) Identification. If the applicant is a corporation, itmust 
furnish certified copies of the following papers, all 
properlyauthenticated: The charter or articles of incorporation; the 
minutesof organization; extract from minutes showing the names of the 
presentofficers of the corporation.
    (1) Where State laws vest in State or county officers, such asboards 
of supervisors and county courts, the power

[[Page 545]]

to authorizethe construction of bridges, they must furnish with their 
applicationcertified extracts from their proceedings showing their 
actionauthorizing the proposed structure.
    (g) Plans. Four sets of plans must be submitted with theapplication, 
on which the location of the work and the essentialfeatures covered by 
the application will be outlined in red. Eachdrawing must have a simple 
title, date and number, preferably in thelower righthand corner.
    (h) Size of sheets. The drawings will be on letter sizesheets. As 
few sheets will be used as necessary to show clearly whatis proposed.
    (i) Special instructions. (1) The scale will be showngraphically. 
The north and south line will be indicated by a meridianarrow. Soundings 
and elevations will be shown in feet and referred tothe established 
Government datum plane at the locality.
    (2) The direction of currents will be indicated by an arrow, andthe 
strength of currents, both ebb and flow, or low water and highwater, 
will be shown close to the proposed location of the bridge, andat both 
ends of the waterway shown on the map of location.
    (3) The plans will show in figures the least clear height of 
thelowest part of the superstructure over navigation openings, 
withreference to the planes of mean high water and mean low water if 
thebridge is to cross tidal water. If the waters are nontidal, the 
leastclear height will be shown with reference to the planes of 
extremehigh water and mean low water. If records of river heights 
areavailable, the plane above which flood waters have not remained 
morethan 2 percent of the time will be indicated. Reference will also 
bemade to other datum planes if appropriate for the waterway inquestion.
    (4) If harbor lines have been established at the site of thebridge, 
their position will be shown on the plans.
    (j) Structural details. Only those should be shown which areneeded 
to illustrate the effect of the proposed structure onnavigation. If the 
bridge is to be equipped with a draw, the latterwill be shown in two 
positions: closed and open.
    (k) To whom application should be presented. The applicationand the 
papers and plans accompanying it should be submitted to theDistrict 
Commander having jurisdiction over the area in which thebridge site is 
located.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended byCGD 75-046, 40 FR 
24898, June 11, 1975; CGD 80-099, 46FR 38354, July 27, 1981; CGD 82-102, 
48 FR 54299, Dec. 2, 1982]



Sec. 115.60  Procedures for handling applications for bridge constructionpermits.

    The following procedures will be observed in the handling 
ofapplications for permits to construct, modify, or replace bridges 
overnavigable waters.
    (a) District Commander's review of application and plans.When an 
application is received, the District Commander verifies theauthority 
for construction of the bridge, reviews, the application andplans for 
sufficiency, ascertains the views of local authorities andother 
interested parties, and ensures that the application complieswith 
relevant environmental laws, regulations, and orders. If theapplication 
contains any defects that would prevent issuance of apermit (as for 
example, if the proposed bridge provided insufficientclearance), the 
applicant is notified that the permit cannot begranted and given reasons 
for this determination. The applicant maythen request that the 
application be considered by the Commandant. Ifthe applicant makes such 
a request, or if the application is not founddefective, the District 
Commander notifies the public that it has beenreceived and continues its 
processing. A copy of this notificationwill be sent to the state, 
interstate agency or the EnvironmentalProtection Agency (EPA) 
responsible for acting on requests for waterquality certification for 
the project. If the state, interstateagency, or the EPA fails to issue 
or deny the water qualitycertification within 30 days after receiving 
the copy of thisnotification, the requirements for a water quality 
certification arewaived. If the appropriate agency notifies the District 
Commander thatthe applicant has not filed a request for water quality 
certification,or requests additional time to review an application, 
additional timewill be granted.

[[Page 546]]

    (b) Public meeting. (1) Public meetings will be heldwhen there are 
substantial issues concerning the effect that theproposed bridge will 
have on the reasonable needs of navigation.
    (2) Notice of the public meeting will be published in theFederal 
Register. Notice of the meeting is also mailed to State,county, and 
municipal authorities and all other known interestedparties. It is also 
posted at the post office nearest the site andpublic places in the 
vicinity.
    (3) Meetings are public and conducted in an informal manner. 
Adesignated Coast Guard official presides. The submission of 
writtenstatements is invited and encouraged. Anyone desiring to do so 
mayspeak. Statements, written or oral, are not under oath, and cross-
examination is not permitted. No fixed order has been established forthe 
presentation of evidence or argument although proponents aregenerally 
heard first, followed by opponents with full opportunityafforded for 
rebuttals.
    (c) Report and recommendations. After the close of thecomment period 
and any public hearings, a detailed statement offindings, conclusions, 
and recommendations based on all availableinformation (including Coast 
Guard records and experience) isprepared. The following factors may be 
discussed in this report:
    (1) Comparison of proposed bridge with existing bridges over 
thewaterway; attitude of local authorities; summary of objections 
raisedby 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 
ofthe proposed bridge, the number and type of vessels, the number 
ofvessel trips, and the principal method of handling traffic, whether 
insingle vessels or in tows.
    (3) Whether the District Commander approves, or recommendsapproval 
of the plans. If they are found objectionable, the reasonsfor this 
finding will be stated. If there are objectionable featuresin the plans 
which may be corrected, the applicant is given anopportunity to revise 
them. If approval is given or recommended, allconditions to which the 
permit should be subject will be stated.
    (d) Action on permit application. (1) The District Commandermay 
issue the permit if authorized underSec. 1.01-60(b) of this chapter; 
otherwise, a reportwith the application shall be submitted to the 
Commandant for finalaction.
    (2) When an application is approved, the issuing official signsthe 
permit and transmits it to the applicant.
    (3) When an application is not approved, the applicant is 
notifiedand provided with reasons for the disapproval, and suggestions 
formodifications 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 underSec. 114.50 
of this chapter. The Commandant's determinationshall constitute final 
agency action.
    (e) Permit amendments. Applications for amendments topermits will be 
processed in the same manner as permit applications.The District 
Commander may approve amendments to any permits whichthat official is 
authorized to issue underSec. 1.01-60(b) of this chapter. All other 
amendmentsmust be approved by the Commandant.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and525; 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;USCG-2008-0179, 73 FR 35012, June 19, 2008]



Sec. 115.70  Advance approval of bridges.

    (a) The General Bridge Act of 1946 requires the approval of 
thelocation and plans of bridges prior to start of construction 
(33U.S.C. 525). The Commandant has given his advance approval to 
thelocation and plans of bridges to be constructed across reaches 
ofwaterways navigable in law, but not actually navigated other than 
bylogs, log rafts, rowboats, canoes and small motorboats. In such 
casesthe clearances provided for high water stages will be 
consideredadequate to meet the reasonable needs of navigation.
    (b) The term ``small motorboats'' shall be interpretedin the light 
of the

[[Page 547]]

things and conditions with which it isassociated. The term means 
rowboats, canoes and other similar craftwith outboard motors. It does 
not include sailing or cabin cruisercraft.

(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 byCGD 81-076, 46 FR 
54936, Nov. 5, 1981;USCG-1998-3799, 63 FR 35527, June 30, 1998]



PART 116_ALTERATION OF UNREASONABLY OBSTRUCTIVEBRIDGES--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 meetings.
116.30 Administrator, Bridge Administration Program reviewand 
          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 ofcost, and 
          partial payments for bridges eligible for funding under 
          theTruman-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 CFR1.4, 
1.46(c).

    Editorial Note: Nomenclature changes to part 116 appearat 73 FR 
35012, June 19, 2008.

    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 toleratedonly 
as long as they serve the needs of land transportation whileallowing 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 
tonavigation and issues an Order to Alter under the authority of 
thefollowing statutes, as appropriate: Section 18 of the Rivers 
andHarbors Appropriations Act of 1899, 33 U.S.C. 502; Section 4 of 
theBridge Act of 1906, 33 U.S.C. 494; or the Truman-Hobbs Act of 1940, 
asamended, 33 U.S.C. 511-524.
    (c) A bridge constructed across a navigable water of the 
UnitedStates shall not unreasonably obstruct the free navigation of 
thewater over which it was constructed, either due to insufficient 
heightor width of the navigation span, or because of difficulty in 
passingthrough the draw opening. If any bridge unreasonably 
obstructsnavigation, the Commandant, U.S. Coast Guard, will order 
thealteration 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 abridge 
across any of the navigable waters of the United States is 
anunreasonable obstruction to navigation, the Coast Guard will 
givenotice to the owner of the bridge and other interested parties, 
andhold a public meeting at which the interested parties will have a 
fullopportunity to be heard and to offer evidence on the question 
ofwhether alterations to the bridge are necessary and, if so, the 
extentof alterations needed.
    (e) If the Coast Guard determines that alterations to a bridge 
arenecessary, the Commandant, U.S. Coast Guard, will issue to the 
bridgeowner an Order to Alter containing details of the 
alterationsnecessary to render navigation through or under the bridge 
reasonablyfree, easy, and unobstructed.
    (1) In the case of a railroad or publicly owned highway bridge, 
anOrder to Alter is issued to the bridge owner under the provisions 
ofthe Truman-Hobbs Act (33 U.S.C. 511 et seq.). In ordering 
thesealterations, the Coast Guard will give due regard to the 
necessitiesof free and unobstructed navigation and of rail and highway 
traffic.For alterations to bridges governed by the Truman-Hobbs Act, the 
CoastGuard must approve general plans, specifications, and contracts 
forthe alteration project, as well as approving the apportionment of 
thetotal cost of the alterations between the United States and the 
bridgeowner.
    (2) For all other bridges, the Order to Alter will contain 
therequired alterations for the bridge and will prescribe a 
reasonabletime in which to accomplish the required alterations. The

[[Page 548]]

bridgeowner is responsible for the entire cost of the required 
alterations.



Sec. 116.05  Complaints.

    Any person, company, or other entity may submit to the 
DistrictCommander of the Coast Guard district in which a bridge over 
anavigable water of the United States is located, a complaint that 
abridge unreasonably obstructs navigation. The complaint must be 
inwriting and include specific details to support the allegation.



Sec. 116.10  Preliminary review.

    (a) Upon receipt of a written complaint, the District Commanderwill 
review the complaint to determine if, in the District 
Commander'sopinion, the complaint is justified and whether a 
PreliminaryInvestigation is warranted.
    (1) The District Commander's opinion as to whether or not 
thecomplaint warrants a Preliminary Investigation will be formed 
throughinformal discussions with the complainant, users of the 
affectedwaterway, the owner of the bridge, and other interested parties.
    (2) In forming an opinion, the District Commander may also reviewthe 
district files, records of accidents, and details of anyadditional 
written complaints associated with the bridge in question.
    (b) In the absence of any written complaint, the DistrictCommander 
may decide, based on a bridge's accident history or othercriteria, to 
conduct a Preliminary Investigation.
    (c) The District Commander will inform the complainant and 
theAdministrator, Bridge Administration Program of the determination 
ofany Preliminary Review. If the District Commander decides that 
thebridge in question is not an unreasonable obstruction to 
navigation,the complainant will be provided with a brief summary of 
theinformation on which the District Commander based the decision 
andwill be informed of the appeal process described inSec. 116.55. 
There will be no further investigation, unlessadditional information 
warrants a continuance or reopening of thecase.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.15  Preliminary investigation.

    (a) During the Preliminary Investigation, the District Commanderwill 
prepare a written report containing all pertinent information andsubmit 
the report, together with a recommendation for or against thenecessity 
of a Detailed Investigation, to the Administrator, BridgeAdministration 
Program.
    (b) The Preliminary Investigation Report will include adescription 
of the nature and extent of the obstruction, thealterations to the 
bridge believed necessary to meet the reasonableneeds of existing and 
future navigation, the type and volume ofwaterway traffic, and a 
calculation of the benefits to navigationwhich would result from the 
proposed bridge alterations.
    (c) The Administrator, Bridge Administration Program will reviewthe 
Preliminary Investigation Report and make a Preliminary Decisionwhether 
or not to undertake a Detailed Investigation and a PublicMeeting.
    (d) If after reviewing the Preliminary Investigation Report, 
theAdministrator, Bridge Administration Program decides that 
furtherinvestigation is not warranted, the complainant will be notified 
ofthe decision. This notification will include a brief summary 
ofinformation on which the decision was based and details of the 
appealprocess described in Sec. 116.55.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.20  Detailed investigation.

    (a) When the Administrator, Bridge Administration Programdetermines 
that a Detailed Investigation should be conducted, theDistrict Commander 
will initiate an investigation that addresses allof the pertinent data 
regarding the bridge, including informationobtained at a public meeting 
held under Sec. 116.25. As partof the investigation, the District 
Commander will develop acomprehensive report, termed the ``Detailed 
InvestigationReport'',

[[Page 549]]

which will discuss: the obstructive character ofthe bridge in question; 
the impact of that bridge upon navigation;navigational benefits derived; 
whether an alteration is needed to meetthe needs of navigation; and, if 
alteration is recommended, what type.
    (b) The District Commander will forward the completed 
DetailedInvestigation Report to the Administrator, Bridge 
AdministrationProgram for review together with a recommendation of 
whether thebridge should be declared an unreasonable obstruction to 
navigationand, if so, whether an Order to Alter should be issued.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.25  Public meetings.

    (a) Any time the Administrator, Bridge Administration 
Programdetermines that a Detailed Investigation is warranted, or 
whenCongress declares a bridge unreasonably obstructive, the 
DistrictCommander will hold a public meeting near the location of the 
bridgeto provide the bridge owner, waterway users, and other 
interestedparties the opportunity to offer evidence and be heard, orally 
or inwriting, as to whether any alterations are necessary to 
providereasonably free, safe, and unobstructed passage for 
waterbornetraffic. The District Commander will issue a public notice 
announcingthe public meeting stating the time, date, and place of the 
meeting.
    (b) When a bridge is statutorily determined to be an 
unreasonableobstruction, the scope of the meeting will be to determine 
whatnavigation clearances are needed.
    (c) In all other cases, the scope of the meeting will be toaddress 
issues bearing on the question of whether the bridge is anunreasonable 
obstruction to navigation and, if so, what alterationsare needed.
    (d) The meeting will be recorded. Copies of the public 
meetingtranscript will be available for purchase from the recording 
service.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.30  Administrator, Bridge Administration Program Review andEvaluation.

    (a) Upon receiving a Detailed Investigation Report from a 
DistrictCommander, the Administrator, Bridge Administration Program 
willreview all the information and make a final determination of 
whetheror not the bridge is an unreasonable obstruction to navigation 
and, ifso, whether to issue an Order to Alter. This determination will 
beaccompanied by a supporting written Decision Analysis which 
willinclude a Benefit/Cost Analysis, including calculation of aBenefit/
Cost Ratio.
    (b) The Benefit/Cost ratio is calculated by dividing theannualized 
navigation benefit of the proposed bridge alteration by theannualized 
government share of the cost of the alteration.
    (c) Except for a bridge which is statutorily determined to be 
anunreasonable obstruction, an Order to Alter will not be issued 
underthe Truman-Hobbs Act unless the ratio is at least 1:1.
    (d) If a bridge is statutorily determined to unreasonably 
obstructnavigation, the Administrator, Bridge Administration Program 
willprepare a Decision Analysis to document and provide details of 
therequired vertical and horizontal clearances and the 
reasonsalterations are necessary.
    (e) If the Administrator, Bridge Administration Program decides 
torecommend that the Commandant issue an Order to Alter, or a bridge 
isstatutorily determined to unreasonably obstruct navigation, 
theAdministrator, Bridge Administration Program will issue a letter 
tothe bridge owner (``The 60-Day Letter'') at least 60 daysbefore the 
Commandant issues an Order to Alter. This letter willcontain the reasons 
an alteration is necessary, the proposedalteration, and, in the case of 
a Truman-Hobbs bridge, an estimate ofthe total project cost and the 
bridge owner's share.
    (f) If the bridge owner does not agree with the terms proposed inthe 
60-Day Letter, the owner may request a reevaluation of the terms.The 
request for a reevaluation must be in writing, and identify theterms for 
which reevaluation is requested. The request

[[Page 550]]

mayprovide additional information not previously presented.
    (g) Upon receipt of the bridge owner's response, theAdministrator, 
Bridge Administration Program will reevaluate thesituation based on the 
additional information submitted by the bridgeowner. If after the 
Administrator, Bridge Administration Programreviews the determination, 
there is no change, the Commandant mayissue an Order to Alter as set out 
in Sec. 116.35. TheAdministrator, Bridge Administration Program 
determination based onthe reevaluation will constitute final agency 
action.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 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-
DayLetter, if no reply is received by 60 days after the issuance of 
theletter, or if after reevaluation a bridge is determined to be 
anunreasonable obstruction to navigation, the Commandant will issue 
anOrder to Alter.
    (1) If a bridge is eligible for funding under the Truman-HobbsAct, 
the Order to Alter will specify the navigational clearances to 
beaccomplished in order to meet the reasonable needs of navigation.
    (2) An Order to Alter for a bridge that is not eligible forTruman-
Hobbs funding will specify the navigational clearances that arerequired 
to meet the reasonable needs of navigation and will prescribea 
reasonable time in which to accomplish them.
    (b) If appropriate, the Order to Alter will be accompanied by 
aletter of special conditions setting forth safeguards needed toprotect 
the environment or to provide for any special needs ofnavigation.
    (c) If a proposed alteration to a bridge has desirable, non-
navigational benefits, the Administrator, Bridge AdministrationProgram 
may require an equitable contribution from any interestedperson, firm, 
association, corporation, municipality, county, or statebenefiting from 
the alteration as a prerequisite to the making of anOrder to Alter for 
that alteration.
    (d) Failure to comply with any Order to Alter issued under 
theprovisions of this part will subject the owner or controller of 
thebridge to the penalties prescribed in 33 U.S.C. 495, 502, 519, or 
anyother applicable provision.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 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 ownerunder 
the Truman-Hobbs Act, the Administrator, Bridge AdministrationProgram 
will issue a letter to the bridge owner outlining the 
owner'sresponsibilities to submit plans and specifications to 
theAdministrator, Bridge Administration Program for the alteration of 
thebridge. The plans and specifications, at a minimum, must provide 
forthe clearances identified in the Order to Alter. The plans 
andspecifications may also include any other additional alteration to 
thebridge that the owner considers desirable to meet the requirements 
ofrailroad or highway traffic. During the alteration process, 
balancedconsideration shall be given to the needs of rail, highway, and 
marinetraffic.
    (b) The Administrator, Bridge Administration Program will approveor 
reject the plans and specifications submitted by the bridge owner,in 
whole or in part, and may require the submission of new oradditional 
plans and specifications.
    (c) When Administrator, Bridge Administration Program has 
approvedthe submitted plans and specifications, they are final and 
bindingupon all parties, unless later changes are approved by 
theAdministrator, Bridge Administration Program. Any changes to 
theapproved plans will be coordinated with the District Commander.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.45  Submission of bids, approval of award, guaranty of cost, andpartial payments for bridges eligible for funding under the Truman-Hobbs Act.

    (a) Once the plans and specifications for a bridge eligible 
forfunding under

[[Page 551]]

the Truman-Hobbs Act have been approved, the bridgeowner must take bids 
for the alteration of the bridge consistent withthe approved plans and 
specifications. Those bids must then besubmitted to the Administrator, 
Bridge Administration Program forapproval.
    (b) After the bridge owner submits the guaranty of cost requiredby 
33 U.S.C. 515, the Administrator, Bridge Administration 
Programauthorizes the owner to award the contract.
    (c) Partial payments of the government's costs are authorized asthe 
work progresses to the extent that funds have been appropriated.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 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 ownermust 
bear such part of the cost attributable to the direct and 
specialbenefits which will accrue to the bridge owner as a result 
ofalteration to the bridge, including expected savings in repairs 
andmaintenance, expected increased carrying capacity, costs 
attributableto the requirements of highway and railroad traffic, and 
actualcapital costs of the used service life. The United States will 
bearthe balance of the costs, including that part attributable to 
thenecessities of navigation.
    (b) ``Direct and special benefits'' ordinarily willinclude items 
desired by the owner but which have no counterpart orare of higher 
quality than similar items in the bridge prior toalteration. Examples 
include improved signal and fender systems, prorata share of dismantling 
costs, and improvements included, but notrequired, in the interests of 
navigation.
    (c) During the development of the Apportionment of Costs, thebridge 
owner will be provided with an opportunity to be heard.Proportionate 
shares of cost to be borne by the United States and thebridge 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 -------- $--------
    c. Betterments -------- $--------
Expected savings in repair or maintenance costs:
    a. Repair -------- $--------
    b. Maintenance -------- $--------
Costs attributable to requirements of railroad and/or highwaytraffic --
          ------ $--------
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 guarantyof 
costs.



Sec. 116.55  Appeals.

    (a) Except for the decision to issue an Order to Alter, if 
acomplainant disagrees with a recommendation regarding obstruction 
oreligibility made by a District Commander, or the Administrator, 
BridgeAdministration Program, the complainant may appeal that decision 
tothe Assistant Commandant for Operations.
    (b) The appeal must be submitted in writing to the 
AssistantCommandant for Operations, U.S. Coast Guard, 2100 Second 
Street, SW.,Washington, DC 20593-0001, within 60 days after the 
DistrictCommander's or the Administrator's, Bridge Administration 
Programdecision. The Assistant Commandant for Operations will make a 
decisionon the appeal within 90 days after receipt of the appeal. 
TheAssistant Commandant for Operations' decision of this appeal 
shallconstitute final agency action.
    (c) Any Order of Apportionment made or issued under section 6 ofthe 
Truman-Hobbs Act, 33 U.S.C. 516, may be reviewed by the Court ofAppeals 
for any judicial circuit in which the bridge in question iswholly or 
partly located, if a petition for review is filed within 90

[[Page 552]]

days after the date of issuance of the order. The review isdescribed in 
section 10 of the Truman-Hobbs Act, 33 U.S.C. 520. Thereview proceedings 
do not operate as a stay of any order issued underthe Truman-Hobbs Act, 
other than an order of apportionment, norrelieve any bridge owner of any 
liability or penalty under otherprovisions of that act.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended byCGD 96-026, 61 FR 
33663, June 28, 1996; CGD 97-023, 62FR 33363, June 19, 1997; USCG-2008-
0179, 73 FR 35013,June 19, 2008]



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 adrawbridge.
117.21 Signalling for an opened drawbridge.
117.23 Installation of radiotelephones.
117.24 Radiotelephone installation identification.
117.31 Drawbridge operations for emergency vehicles andemergency 
          vessels.
117.33 Closure of draw for natural disasters or civildisorders.
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 infrequentrequests 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.

                                Arkansas

117.121 Arkansas River.
117.123 Arkansas Waterway-Automated Railroad Bridges.
117.125 Black River.
117.127 Current River.
117.129 Little Red River.
117.131 Little River.
117.133 Ouachita River.
117.135 Red River.
117.137 St. Francis River.
117.139 White River.

                               California

117.140 General.
117.141 American River.
117.143 Bishop Cut.
117.147 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.

[[Page 553]]

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 Riverto 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 toSt. Marys 
          River.
117.359 Chattahoochee River.
117.361 Flint River.
117.363 Ocmulgee River.
117.365 Oconee River.
117.367 Ogeechee River.
117.369 Satilla River.
117.371 Savannah River.
117.373 St. Marys River.

                                  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.

[[Page 554]]

117.460 La Carpe Bayou.
117.461 Lacassine Bayou.
117.463 Lacombe Bayou.
117.465 Lafourche Bayou.
117.467 Lake Pontchartrain.
117.469 Liberty Bayou.
117.471 Little Black Bayou.
117.473 Little River.
117.475 Little (Petit) Caillou Bayou.
117.477 Lower Atchafalaya River.
117.478 Lower Grand River.
117.479 Macon Bayou.
117.480 Mermentau River.
117.481 Milhomme Bayou.
117.482 Nezpique Bayou.
117.483 Ouachita River.
117.484 Pass Manchac.
117.485 Patout Bayou.
117.486 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.
117.535 Taunton 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.
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.

[[Page 555]]

                                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.
117.788 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 EastRockaway Inlet to 
          Shinnecock Canal.
117.800 Mill Neck Creek.
117.801 Newtown Creek, Dutch Kills, English Kills and theirtributaries.
117.802 New Rochelle Harbor.
117.803 Niagara River.
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 toSunset 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.

[[Page 556]]

                              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 toSavannah 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.
117.984 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 theElizabeth 
          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.
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 andSouth 
          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; andDepartment of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 82-025, 49 FR 17452, Apr. 24, 1984,unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 117 appearat 63 FR 
35529, June 30, 1998.



                     Subpart A_General Requirements



Sec. 117.1  Purpose.

    (a) This part prescribes the general and special drawbridgeoperating 
regulations that apply to the drawbridges across thenavigable waters of 
the United States and its territories. The

[[Page 557]]

authority to regulate drawbridges across the navigable waters ofthe 
United States is vested in the Secretary of Homeland Security.
    (b) Subpart A contains the general operation requirements thatapply 
to all drawbridges.
    (c) Subpart B contains specific requirements for operation 
ofindividual drawbridges. These requirements are in addition to or 
varyfrom the general requirements in Subpart A. Specific sections 
insubpart B that vary from a general requirement in Subpart A 
supersedethe general requirement. All other general requirements in 
Subpart A,that are not at variance, apply to the drawbridges and 
removable spanbridges listed in Subpart B.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]



Sec. 117.4  Definitions.

    The following definitions apply to thispart:
    Appurtenance means an attachment or accessory extendingbeyond the 
hull or superstructure that is not an integral part of thevessel and is 
not needed for a vessel's piloting, propelling,controlling, or collision 
avoidance capabilities.
    Automated drawbridge means a drawbridge that is operated byan 
automated mechanism, not a drawtender. An automated drawbridge 
isnormally kept in the open to navigation position and closes when 
themechanism is activated.
    Deviation means a District Commander's action authorizing 
adrawbridge owner to temporarily not comply with the drawbridge 
openingrequirements in this part.
    Drawbridge means a bridge with an operational span that isintended 
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 isor can 
be made flexible, hinged, collapsible, or telescopic so that itcan be 
mechanically or manually lowered.
    Nonstructural means that the item is not rigidly fixed tothe vessel 
and can be relocated or altered.
    Not essential to navigation means that a nonstructuralvessel 
appurtenance, when in the lowered position, would not adverselyaffect 
the vessel's piloting, propulsion, control, or collision-avoidance 
capabilities.
    Public vessel means a vessel that is owned and operated bythe 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 isoperated by 
remote control from a location away from the drawbridge.
    Removable span bridge means a bridge that requires thecomplete 
removal of a span by means other than machinery installed onthe bridge 
to open the bridge to navigation.
    Untended means that there is no drawtender at thedrawbridge.

[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 vesselswhen a request or 
signal to open is given in accordance with thissubpart.

[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 January3, 
2007, to remain closed to navigation or as otherwise specified insubpart 
B, drawbridge owners must:
    (a) Provide the necessary drawtender(s) for the safe and 
promptopening of the drawbridge.
    (b) Maintain the working machinery of the drawbridge in 
goodoperating condition.
    (c) Cycle the drawspan(s) periodically to ensure operation of 
thedrawbridge.
    (d) Ensure that the drawbridge operates in accordance with 
therequirements of this part.
    (e) Any drawbridge allowed to remain closed to navigation prior 
toJanuary 3, 2007, when necessary, must be returned to operablecondition 
within the designated time set forth by the DistrictCommander and will 
become subject to the requirements of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]

[[Page 558]]



Sec. 117.8  Permanent changes to drawbridge operation.

    (a) Anyone may submit a written request to the District Commanderfor 
a permanent change to a drawbridge operating requirement. Therequest 
must include documentation supporting or justifying therequested change.
    (b) If after evaluating the request, the District 
Commanderdetermines that the requested change is not needed, he or she 
willrespond to the request in writing and provide the reasons for 
denialof 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 
thesignals 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 ormore in length. 
When a train is in a block with a drawbridge, the drawmay not be able to 
open until the train has passed out of the blockand the yardmaster or 
other manager has ``unlocked'' thedrawbridge controls. The maximum time 
permitted for delay is definedin Subpart B for each affected bridge. 
Land and water traffic shouldpass over or through the draw as soon as 
possible in order to preventunnecessary 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 
issufficient to allow the vessel, after all lowerable 
nonstructuralvessel appurtenances that are not essential to navigation 
have beenlowered, to safely pass under the drawbridge in the closed 
position;or
    (b) Signal a drawbridge to open for any purpose other than to 
passthrough 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 adrawbridge 
to open shall signal the drawtender and the drawtendershall acknowledge 
that signal. The signal shall be repeated untilacknowledged in some 
manner by the drawtender before proceeding.
    (2) The signals used to request the opening of the draw and 
toacknowledge that request shall be sound signals, visual signals, 
orradiotelephone communications described in this subpart.
    (3) Any of the means of signaling described in this 
subpartsufficient to alert the party being signaled may be used.
    (b) Sound signals. (1) Sound signals shall be made bywhistle, horn, 
megaphone, hailer, or other device capable of producingthe described 
signals loud enough to be heard by the drawtender.
    (2) As used in this section, ``prolonged blast'' meansa blast of 
four to six seconds duration and ``shortblast'' means a blast of 
approximately one second duration.
    (3) The sound signal to request the opening of a draw is 
oneprolonged blast followed by one short blast sounded not more 
thanthree seconds after the prolonged blast. For vessels required to 
bepassed through a draw during a scheduled closure period, the 
soundsignal to request the opening of the draw during that period is 
fiveshort blasts sounded in rapid succession.
    (4) When the draw can be opened immediately, the sound signal 
toacknowledge a request to open the draw is one prolonged blast 
followedby one short blast sounded not more than 30 seconds after 
therequesting signal.
    (5) When the draw cannot be opened immediately, or is open andshall 
be closed promptly, the sound signal to acknowledge a request toopen the 
draw is five short blasts sounded in rapid succession notmore than 30 
seconds after the vessel's opening signal. The signalshall be repeated 
until acknowledged in some manner by the requestingvessel.
    (c) Visual signals. (1) The visual signal to request theopening 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 
toacknowledge a request to open the draw,

[[Page 559]]

given not more than 30seconds 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 andmust 
be closed promptly, the visual signal to acknowledge a request toopen 
the draw is--
    (i) A red flag or red light swung back and forth horizontally infull 
sight of the vessel given not more than 30 seconds after thevessel's 
opening signal; or
    (ii) A fixed or flashing red light or lights given not more than30 
seconds after the vessel's opening signal.
    (4) The acknowledging signal when the draw cannot open immediatelyor 
is open and must be closed promptly shall be repeated untilacknowledged 
in some manner by the requesting vessel.
    (d) Radio telephone communications. (1) Radiotelephones maybe used 
to communicate the same information provided by sound andvisual signals.
    (2) The vessel and the drawtender shall monitor the frequency 
useduntil 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 byCGD 82-025, 50 FR 
11366, Mar. 21, 1985; CGD 84-022, 51FR 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 acknowledgmentfrom 
the first bridge that it will promptly open, the opening signalis given 
for the second bridge, and so on until all bridges that thevessel must 
pass have been given the opening signal and haveacknowledged 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 atthe 
same time, or nearly the same, time, whether from the same oropposite 
directions, each vessel shall signal independently for theopening of the 
draw and the drawtender shall reply in turn to thesignal of each vessel. 
The drawtender need not reply to signals byvessels accumulated at the 
bridge for passage during a scheduled openperiod.



Sec. 117.21  Signalling for an opened drawbridge.

    When a vessel approaches a drawbridge with the draw in the 
openposition, the vessel shall give the opening signal. If 
noacknowledgment 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 
ofsafety of navigation, the District Commander may require 
theinstallation and operation or a radiotelephone on or near 
adrawbridge.
    (b) The District Commander gives written notice of the 
proposedrequirement to the bridge owner.
    (c) All comments the owner wishes to submit shall be submitted tothe 
District Commander within 30 days of receipt of the notice 
underparagraph (b) of this section.
    (d) If, upon consideration of the comments received, the 
DistrictCommander determines that a radiotelephone is necessary, the 
DistrictCommander notifies the bridge owner that a radiotelephone shall 
beinstalled and gives a reasonable time, not to exceed six months, 
toinstall the radiotelephone and commence operation.



Sec. 117.24  Radiotelephone installation identification.

    (a) The Coast Guard authorizes, and the District Commander 
mayrequire the installation of a sign on drawbridges, on the upstream 
anddownstream sides, indicating that the bridge is equipped with 
andoperates a VHF

[[Page 560]]

radiotelephone in accordance withSec. 117.23.
    (b) The sign shall give notice of the radiotelephone and itscalling 
and working channels--
    (1) In plain language; or
    (2) By a sign consisting of the outline of a telephone handsetwith 
the long axis placed horizontally and a vertical three-leggedlightning 
slash superimposed over the handset. The slash shall be aslong 
vertically as the handset is wide horizontally and normally notless than 
27 inches and no more than 36 inches long. The preferredcalling channel 
should be shown in the lower left quadrant and thepreferred working 
channel should be shown in the lower right quadrant.

    Note: It is recommended that the radiotelephone sign besimilar in 
design to the Service Signs established by the FederalHighway 
Administration (FHWA) in U.S. Road Symbol Signs usingReflective Blue and 
Reflective White colors. Color and designinformation is available from 
the District Commander of the CoastGuard 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 emergencyvessels.

    (a) Upon receiving notification that an emergency vehicle 
isresponding to an emergency situation, a drawtender must make 
allreasonable efforts to have the drawspan closed at the time 
theemergency vehicle arrives.
    (b) When a drawtender receives notice, or a proper signal asprovided 
in Sec. 117.15 of this part, the drawtender shalltake all reasonable 
measures to have the draw opened, regardless ofthe operating schedule of 
the draw, for passage of the following,provided this opening does not 
conflict with local emergencymanagement procedures which have been 
approved by the cognizant CoastGuard Captain of the Port:
    (1) Federal, State, and local government vessels used for 
publicsafety;
    (2) Vessels in distress where a delay would endanger life 
orproperty;
    (3) Commercial vessels engaged in rescue or emergency 
salvageoperations; and
    (4) Vessels seeking shelter from severe weather.

[CGD 91-016, 58 FR 20, Jan. 4, 1993, as amended at 71FR 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 duringperiods 
of natural disasters or civil disorders declared by theappropriate 
authorities unless otherwise provided for in Subpart B ordirected 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 
adrawbridge, lasting less than or equal to 180 days, the 
DistrictCommander may issue a deviation approval letter to the bridge 
ownerand publish a ``Notice of deviation from drawbridgeregulation'' in 
the Federal Register.
    (b) If the time period for a temporary change to the 
operatingschedule of a drawbridge will be greater then 180 days, the 
DistrictCommander will follow appropriate rulemaking procedures and 
publish atemporary rule in the Federal Register prior to the start of 
theaction.
    (c) Request for change. (1) To temporarily change thedrawbridge-
operating requirements the bridge owner must submit awritten request to 
the District Commander for approval of the change.
    (2) The request must describe the reason for the closure and 
thedates and times scheduled for the start and end of the change.
    (3) Requests should be submitted as early as possible, preferably90 
days before the start of the action. District Commanders havediscretion 
to accept requests submitted less than 90 days before aneeded change if 
those requests can be processed before the date ofthe needed change.
    (d) Determination. The District Commander's determination toallow 
the schedule change is normally forwarded to the bridge ownerwithin ten 
working days after receipt of the request. If the requestis denied, the 
reasons for the denial will be set out in the DistrictCommander's 
decision letter.

[[Page 561]]

    (e) The drawbridge must return to its regular operatingschedule 
immediately at the end of the designated time period.
    (f) If the authorized closure period for an event is broken 
intoseparate time periods on the same day or on consecutive days, 
thedrawbridge must provide openings for navigation between the 
authorizedclosures.
    (g) The District Commander will also announce the change to 
theoperating schedule in the Local Notice to Mariners and 
otherappropriate 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 shouldbe 
immediately rendered inoperable because of mechanical failure 
orstructural defect, the drawbridge owner must notify the 
DistrictCommander of the closure without delay and give the reason for 
theemergency closure of the drawbridge and an estimated time when 
thedrawbridge will be returned to operating condition.
    (b) The District Commander will notify mariners about thedrawbridge 
status through Broadcast Notices to Mariners, Local Noticeto Mariners 
and any other appropriate local media.
    (c) Repair work under this section must be performed with all 
duespeed in order to return the drawbridge to operation as soon 
aspossible.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec. 117.39  Authorized closure of drawbridge due to infrequent requests foropenings.

    (a) When there have been no requests for drawbridge openings forat 
least two years, a bridge owner may request in writing that theDistrict 
Commander authorize the drawbridge to remain closed tonavigation 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 
inparagraph (d): and
    (3) Revoke an authorization and order the drawbridge returned 
tooperation 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.
    (e) Drawbridges authorized under this section to remain closed 
tonavigation and to be untended are identified in subpart B of thispart.

[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, theDistrict 
Commander may authorize a drawbridge to operate under anadvance notice 
for opening. The drawbridge tender, after receiving theadvance notice, 
must open the drawbridge at the requested time andallow for a reasonable 
delay in arrival of the vessel giving theadvance notice.
    (b) If the request is approved, a description of the advancednotice 
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 
tonavigation position may discontinue drawtender service as long as 
thedrawbridge remains fully open to navigation. The drawbridge 
mustremain in the fully open position until drawtender service 
isrestored.
    (b) If a drawbridge is normally maintained in the fully open 
tonavigation position, but closes to navigation for the passage 
ofpedestrian, vehicular, rail, or other traffic, the drawbridge must 
betended unless:
    (1) Special operating requirements are established in subpart B 
ofthis part for that drawbridge; or
    (2) The drawbridge is remotely operated or automated.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]

[[Page 562]]



Sec. 117.42  Remotely operated and automated drawbridges.

    (a) Upon written request by the owner of a drawbridge, theDistrict 
Commander may authorize a drawbridge to operate under anautomated system 
or from a remote location.
    (b) If the request is approved, a description of the fulloperation 
of the remotely operated or automated drawbridge will beadded 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 
navigablewaters of the United States discharging into the Atlantic Ocean 
southof Delaware Bay (including the Lewes and Rehoboth Canal, DE) or 
intothe Gulf of Mexico (including coastal waterways contiguous thereto 
andtributaries 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 
forparticular drawbridges, clearance gauges shall be designed, 
installed,and maintained according to the provisions of Sec. 118.160of 
this chapter.

    Note: Clearance gauge requirements, if any, for drawbridgesother 
than those referred to in this section are listed in Subpart Bunder the 
appropriate bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 84-022, 51 FR 
16308, May 2, 1986; CGD 96-026, 61 FR33664, June 28, 1996]



Sec. 117.49  Process of violations.

    (a) Complaints of alleged violations under this part are submittedto 
the District Commander of the Coast Guard District in which 
thedrawbridge is located.
    (b) Penalties for violations under this part are assessed 
andcollected 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 whichthey 
are located and by the waterway they cross. Waterways arearranged 
alphabetically by state. The drawbridges listed under awaterway are 
generally arranged in order from the mouth of thewaterway moving 
upstream. The drawbridges on the Atlantic IntracoastalWaterway are 
listed from north to south and on the Gulf IntracoastalWaterway from 
east to west.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec. 117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other 
thanremovable span bridges, must ensure that a sign summarizing 
therequirements in this subpart applicable to the drawbridge is 
postedboth upstream and downstream of the drawbridge. The requirements 
to beposted need not include those in Subpart A orSec. Sec. 117.51 
through 117.59 of this part.
    (b) The signs shall be of sufficient size and so located as to 
beeasily read at any time from an approaching vessel.
    (c) If advance notice is required to open the draw, the signsshall 
also state the name, address, and telephone number of the personto be 
notified.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 
operationaldrawbridge listed in this subpart to have the bridge attended 
fulltime 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 
railroadbridge, mile 277 near Montgomery, shall open on signal if at 
least 24hours notice is given.
    (c) The draw of the CSX Transportation Railroad bridge, mile 
293.3near

[[Page 563]]

Montgomery, shall open on signal if at least 24 hours noticeis given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 openon 
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 ofvessels on 
the hours of 7 a.m., 3 p.m., and 4 p.m., Monday throughFriday. Monday 
through Friday the draw will open on signal for thepassage of vessels at 
3:30 p.m. The bridge will remain closed tomarine 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 
nearSaraland, 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 
theNational Weather Service sounds an ``alert'' for the areauntil the 
``all clear'' is sounded, the draw shall open onsignal.

[CGD8-85-12, 50 FR 41685, Oct. 15, 1985]



Sec. 117.107  Chattahoochee River.

    The draws of the CSX Transportation Railroad bridge, mile 117.1near 
Omaha, GA, shall open on signal if at least six hours notice isgiven.



Sec. 117.109  Coosa River.

    The draw of the CSX Transportation Railroad bridge, mile 175.0 
atGadsden, 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 
atHurricane, 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 
theNational Weather Service sounds an ``alert'' for the areauntil the 
``all clear'' is sounded, the draw shall open onsignal.

[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 
beopened from 7 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m. daily. 
Atall other times, the draw shall open on signal if at least 12 
hoursnotice is given.
    (b) The draw of the Norfolk Southern railroad bridge, mile 1.1 
atMobile, 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 
nearYancopin, 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 RoyDrawbridge, 
mile 67.4 at Pine Bluff, Arkansas, is maintained in theclosed position 
and is remotely operated. Any vessel requiring anopening of the draw 
shall establish contact by radiotelephone with theremote drawbridge 
operator on VHF-FM Channel 12 in Omaha,Nebraska. The remote drawbridge 
operator will advise the vesselwhether the bridge can be immediately 
opened and maintain constantcontact with the vessel until the span has 
opened and the vesselpassage has been completed. The bridge is equipped 
with aPhotoelectric Boat Detection System to prevent the span from 
loweringif there is an obstruction under the span. If the drawbridge 
cannot beopened immediately, the remote drawbridge operator shall notify 
thecalling vessel and provide an estimated time for opening.
    (b) Across the Arkansas Waterway, the draw of the Baring 
CrossRailroad Drawbridge, mile 119.6 at Little Rock, Arkansas, 
ismaintained in the closed position and is remotely operated. Use 
thefollowing procedures to request an opening of this bridge 
whennecessary for transit:
    (1) Normal Flow Procedures. Any vessel which requires an openingof 
the

[[Page 564]]

draw of this bridge shall establish contact byradiotelephone with the 
remote drawbridge operator on VHF-FMChannel 13 in Omaha, Nebraska. The 
remote drawbridge operator willadvise the vessel whether the requested 
span can be immediately openedand maintain constant contact with the 
vessel until the requested spanhas opened and the vessel passage has 
been completed. The bridge isequipped with a Photoelectric Boat 
Detection System to prevent thespan from lowering if there is an 
obstruction under the span. If thedrawbridge cannot be opened 
immediately, the remote drawbridgeoperator will notify the calling 
vessel and provide an estimated timefor a drawbridge opening.
    (2) High velocity flow procedures. The area from mile 118.2to mile 
125.4 is a regulated navigation area (RNA) as described inSec. 165.817. 
During periods of high velocity flow, which isdefined as a flow rate of 
70,000 cubic feet per second or greater atthe Murray Lock and Dam, mile 
125.4, downbound vessels which requirethat the draw of this bridge be 
opened for unimpeded passage shallcontact the remote drawbridge operator 
on VHF-FM Channel 13either before departing Murray Lock and Dam, or 
before departing themooring cells at Mile 121.5 to ensure that the 
Baring Cross RailroadDrawbridge is opened. The remote drawbridge 
operator shall immediatelyrespond to the vessel's call, ensure that the 
drawbridge is open forpassage, and ensure that it remains in the open 
position until thedownbound vessel has passed through. If it cannot be 
openedimmediately for unimpeded passage in accordance withSec. 163.203, 
the remote drawbridge operator willimmediately notify the downbound 
vessel and provide an estimated timefor a drawbridge opening. Upbound 
vessels shall request openings inaccordance with the normal flow 
procedures as set forth above. Theremote drawbridge operator shall keep 
all approaching vessels informedof the position of the drawbridge span.
    (c) Across the Arkansas Waterway, the draw of the Van BurenRailroad 
Drawbridge, mile 300.8 at Van Buren, Arkansas, is maintainedin the open 
position except as follows:
    (1) When a train approaches the bridge, amber lights attached tothe 
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 thephotoelectric 
boat detection system detects no obstruction under thespan. If there is 
an obstruction, the draw opens to its full heightuntil the obstruction 
is cleared.
    (2) After the train clears the bridge, the draw opens to its 
fullheight, the amber flashing light stops, and the mid channel 
lightschange from red to green, indicating the navigation channel is 
openfor the passage of vessels.

[CGD08-06-005, 71 FR 70879, Dec. 7, 2006, asamended by USCG-2007-0043, 
73 FR 24868, May 6, 2008]



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 
atPocahontas.
    (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 atCorning.



Sec. 117.127  Current River.

    The draws of the Arkansas highway bridge, mile 10.2, and 
theBurlington Northern railroad bridge, mile 12.2, both at Biggers, 
neednot 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 theArkansas 
highway bridge, mile 30.5 at Searcy, need not be opened forthe passage 
of vessels.



Sec. 117.131  Little River.

    The draws of the Burlington Northern railroad bridge, mile 7.1near 
Fulton, need not be opened for the passage of vessels.

[[Page 565]]



Sec. 117.133  Ouachita River.

    The draw of the St. Louis Southwestern Railroad Bridge, Mile 
338.8near Camden, need not be open for the passage of vessels.

[CGD2 89-03, 55 FR 12820, Apr. 6, 1990, as amended byUSCG-1998-3799, 63 
FR 35527, June 30, 1998]



Sec. 117.135  Red River.

    The draws of the bridges above mile 276.0 at the ArkansasLouisiana 
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 
notbe opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD02 86-33, 51 FR 
32318, Sept. 11, 1986]



Sec. 117.139  White River.

    (a) The draws of the St. Louis Southwestern railroad bridge, 
mile98.9 at Clarendon, the US70 highway bridge, mile 121.7 at 
DeVallsBluff, the Chicago, Rock Island and Pacific Railroad bridge, 
mile122.0 at DeValls Bluff, the Missouri Pacific railroad bridge, 
mile196.3 at Augusta, and the Missouri Pacific railroad bridge, mile 
254.8at Newport, shall open on signal if at least eight hours notice 
isgiven. The draws of any of these bridges need not be opened for 
avessel that arrives later than two hours after the time specified inthe 
notice, unless a second notice of at least eight hours is given.
    (b) The draws of the Arkansas highway bridge, mile 300.1 
atBatesville, and the Missouri Pacific railroad bridge, mile 401.9 
atCotter, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD08-06-005, 72 
FR 70879, Dec. 7, 2006]

                               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 
continuouslyduring the approach and passage of a vessel.



Sec. 117.141  American River.

    The draw of the Jiboom Street bridge, mile 0.1 at Sacramento, 
neednot be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381,Sept. 24, 1984]



Sec. 117.143  Bishop Cut.

    The draw of the San Joaquin County highway bridge, mile 1.0between 
King Island and Bishop Tract, shall open on signal if at least12 hours 
notice is given to the San Joaquin County Department ofPublic 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 6:30a.m. to 8 
a.m. and 3:30 p.m. to 6 p.m. Monday through Friday exceptFederal 
holidays, the draws need not be opened for the passage ofvessels. The 
opening signal for the Commodore Schuyler Heim bridge isthree prolonged 
blasts. The acknowledging signal is two prolongedblasts followed by one 
short blast when the draw will open immediatelyand five short blasts 
when the draw will not open immediately. Channel13 (156.65 MHZ) or other 
assigned frequencies may be used.
    (b) The draw of the Henry Ford Avenue railroad bridge, mile 4.8 
atLong Beach, shall be maintained in the fully open position, exceptwhen 
a train is crossing or for maintenance. If the draw is in theclosed 
position, the opening signal is two short blasts followed byone 
prolonged blast. The acknowledging signal is two prolonged 
blastsfollowed by one short blast when the draw will open immediately 
andfive 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]

[[Page 566]]



Sec. 117.149  China Basin, Mission Creek.

    The draws of the 3rd Street bridge, mile 0.0, and the 4th 
Streetbridge, mile 0.2, both at San Francisco, shall open on signal if 
atleast one hour notice is given.



Sec. 117.150  Connection Slough.

    The draw of the Reclamation District No. 2027 bridge 
betweenMandeville and Bacon Islands, mile 2.5 near Stockton, shall open 
onsignal from May 1 through October 31 from 6 a.m. to 10 p.m., and 
fromNovember 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 
givento the drawtender during regular operating hours, or to the Rio 
Vistabridge across the Sacramento River, mile 12.8. The draw shall open 
onsignal if at least one hour notice is given for emergency 
vesselsowned, operated or controlled by the United States or the State 
ofCalifornia, for commercial vessels engaged in rescue or 
emergencysalvage operations, or for vessels in distress.

[CGD 12-84-02, 49 FR 25446, June 21, 1984; 49 FR43458, Oct. 29, 1984]



Sec. 117.151  Cordelia Slough (a tributary of Suisun Bay).

    The draws of the Union Pacific railroad bridge, mile 1.5 atSuisun, 
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 
TransportationDistrict bridge, mile 0.5 near Greenbrae, shall be 
maintained in thefully open position, except for the crossing of trains 
or formaintenance.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-1998-3799, 63 
FR 35527, June 30, 1998]



Sec. 117.155  Eureka Slough.

    The drawspan for the Northwestern Pacific Railroad 
AuthorityDrawbridge, mile 0.3 at Eureka, need not be opened for the 
passage ofvessels. The owner or agency controlling the drawbridge must 
restorethe drawspan to full operation within six months of notification 
fromthe 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 
nearIsleton, and mile 12.4 near Walnut Grove, shall open on signal from 
6a.m. to 10 p.m. from May 1 through October 31. The draws shall open 
onsignal from November 1 through April 30 from 9 a.m. to 5 p.m. At 
allother times, the draws of these bridges shall open on signal if 
atleast four hours notice is given to the drawtender at the Rio 
Vistabridge 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 atTracy, 
shall open on signal if at least 12 hours notice is given tothe San 
Joaquin County Department of Public Works at Stockton.



Sec. 117.161  Honker Cut.

    The draw of the San Joaquin County (Eightmile Road) bridge, mile0.3 
between Empire Tract and King Island at Stockton, shall open onsignal if 
at least 12 hours notice is given to the San Joaquin CountyDepartment 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 
2.0between Egbert and Lower Hastings Tracts, must be removed for 
thepassage of vessels if at least 72 hours notice is given to 
theHastings 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 
highwaybridge, mile 0.1, at Terminus, shall open on signal if at least 
4hours notice is given to the drawtender at the Rio

[[Page 567]]

Vista bridgeacross 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 
Vallejoshall open on signal between the hours of 9 a.m. and 7 p.m. 
daily, andupon two hours advance notice all other times. When the 
drawbridgeoperator is present, mariners may contact the drawbridge via 
marineradio or telephone at (707) 648-4313 for drawspan operation.When 
the drawbridge operator is not present, mariners may contact theCity of 
Vallejo via the same telephone number to schedule drawspanoperation.
    (b) The draw of the Northwestern Pacific railroad bridge, mile10.6 
at Brazos, shall be maintained in the fully open position, exceptfor the 
crossing of trains or for maintenance. When the draw is closedand 
visibility at the drawtender's station is less than one mile, upor down 
the channel, the drawtender shall sound two prolonged blastsevery 
minute. When the draw is opened, the drawtender shall soundthree short 
blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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; CGD11-05-025, 70 FR 20467, Apr. 20, 
2005]



Sec. 117.171  Middle River.

    (a) The draw of the San Joaquin County (Bacon Island Road) 
highwaybridge, mile 8.6 between Bacon Island and Lower Jones Tract, 
shallopen 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 
9a.m. to 5 p.m. from Thursday through Monday. At all other times, 
thedraw shall open on signal if at least 12 hours notice is given to 
theSan 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 
least12 hours notice is given to the Burlington Northern Santa Fe 
RailwayManager of Structures at San Bernadino.
    (c) The California Route 4 Bridge, mile 15.1, between VictoriaIsland 
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 
highwaybridge, mile 5.5 between the northerly end of Ryer Island and 
HollandTract, shall open on signal if at least 12 hours notice is given 
tothe 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 Transportationhighway 
bridge, the Mokelumne River Bridge, mile 3.0, at East Isletonshall 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., exceptthat 
during the following periods the draw need only open forrecreational 
vessels on the hour, 20 minutes past the hour, and 40minutes 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 
4hours notice is given to the drawtender at Rio Vista bridge over 
theSacramento River, mile 12.8.
    (4) Emergency vessels of the United States, state or 
commercialvessels engaged in rescue or emergency salvage operations, and 
vesselsin distress shall be passed as soon as possible but no later than 
onehour after notice is given.
    (b) The draw of the Sacramento and San Joaquin Counties 
(MillersFerry) highway bridge, mile 12.1 over the North Fork of the 
MokelumneRiver near Walnut Grove, shall open on signal from May 1 
throughOctober 31 from 9 a.m. to 5 p.m. At all other times, the draw 
shallopen on signal if at least 12 hours notice is given to the

[[Page 568]]

SanJoaquin County Department of Public Works at Stockton.
    (c) The removable span of the San Joaquin County highway bridgeover 
the South Fork of the Mokelumne River, mile 18.0 at New HopeLanding, 
shall be removed as soon as possible upon notification by theDistrict 
Commander that an emergency exists which requires theremoval.
    (d) The draws of the bridges above New Hope Landing need not 
beopened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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 nearAlviso, 
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 Departmentrailroad 
bridge, mile 0.5 near Newark, shall open on signal if atleast 24 hours 
notice is given to the San Mateo TransportationDepartment, at San 
Carlos.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 ParkStreet, 
mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile6.0; and the 
U.S. Army Corps of Engineers railroad drawbridge, mile5.6 at Fruitvale 
Avenue, shall open on signal; except that, from 8a.m. to 9 a.m. and 4:30 
p.m. to 6:30 p.m. Monday through Friday exceptFederal holidays, the 
draws need not be opened for the passage ofvessels. However, the draws 
shall open during the above closed periodsfor vessels which must, for 
reasons of safety, move on a tide or slackwater, 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 
10p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At 
allother times, the draw shall open on signal if at least four 
hoursnotice is given to the drawtender at the Rio Vista bridge across 
theSacramento River, mile 12.8.



Sec. 117.185  Pacheco Creek.

    The draw of the Contra Costa County highway bridge, mile 1.0, 
andUnion Pacific Railroad bridge, mile 1.1, both near Martinez, 
shallopen on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 12-85-02, 50 
FR 20758, May 20, 1985]



Sec. 117.187  Petaluma River.

    (a) The draws of the Northwestern Pacific railroad bridges, mile0.8 
at Blackpoint and mile 12.4 at Haystack Landing, shall bemaintained in 
the fully open position, except for the crossing oftrains or for 
maintenance. When the draw is closed and visibility fromthe drawtender's 
station is less than one mile up or down the channel,the drawtender 
shall sound two long blasts every minute. When the drawis 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 fourhours notice is 
given for openings from 6 a.m. to 6 p.m., and if atleast 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 byCGD 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 Riverjunction 
shall open on signal from May 1 through October 31 from 6a.m. to 10 p.m. 
and from November 1 through April 30 from 9 a.m. to 5p.m. At all other 
times, the draws shall open on

[[Page 569]]

signal if atleast four hours notice is given to the drawtender at the 
Rio Vistabridge across the Sacramento River, mile 12.8.
    (b) The draws of the California Department of Transportationbridges, 
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 theCalifornia Department 
of Transportation at Marysville.
    (c) The draws of the bridges above Meridian need not be opened 
forthe passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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 
atStockton, shall open on signal if at least 12 hours notice is given 
tothe Port Director.
    (b) The draws of the U.S. Navy Draw-bridge, mile 39.8, 
BurlingtonNorthern Santa Fe railroad bridge, mile 40.6, and California 
Highway 4bridge (Garwood Bridge), mile 41.6, need not be opened for the 
passageof vessels. The owners or agencies controlling the bridges 
shallrestore the draws to full operation within six months of 
notificationto take such action from the District Commander.
    (c) Drawbridges above the Old River junction need not open for 
thepassage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 12-85-06, 50 
FR 31177, Aug. 1, 1985; CGD88-052, 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 TransportationHighway 
and Bicycle drawbridges, mile 0.0 and mile 0.1, betweenAlameda and Bay 
Farm Island, must open on signal; except that, from 5a.m. to 8 a.m. and 
5 p.m. to 9 p.m., the drawspans must open on signalif at least 12 hours 
notice is given. Notice must be given to thedrawtender 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 allother times. The drawspans need 
not be opened for the passage ofvessels 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 WalnutGrove, 
shall open on signal if at least 72 hours notice is given toSacramento 
County Transportation Operations and Maintenance office atSacramento.

[CGD11-93-02, 59 FR 13248, Mar. 21, 1994, asamended 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 
atWingo, 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 
highwaybridge, mile 11.2 at the head of Grand Island, shall open on 
signalfrom May 1 through October 31 from 6 a.m. to 10 p.m. At all 
othertimes, the draw shall open on signal if at least four hours notice 
isgiven to the drawtender at the Rio Vista bridge across the 
SacramentoRiver, mile 12.8.



Sec. 117.201  Sutter Slough.

    The draw of the Sacramento County highway bridge, mile 6.4 
nearCourtland, need not be opened for the passage of vessels. However, 
thedraw shall be returned to operable condition within six months 
afternotification 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 openwithin 
15 minutes of a mariner's request by telephone. To enablemariners to 
request bridge openings, the owner shall maintain andmonitor a telephone 
at the bridge and provide a means for mariners tosecure their boats 
upstream and downstream of the bridge in order touse this telephone.

[CGD3 86-33, 52 FR 5536, Feb. 25, 1987]

[[Page 570]]



Sec. 117.205  Connecticut River.

    (a) The owners of the AMTRAK Old Saybrook-Old Lyme Bridge, mile3.4 
the Route 82 Bridge, mile 16.8, and the CONRAIL Middletown-Portland 
Bridge, mile 32.0, shall provide, and keep in good legiblecondition, 
clearance gauges with figures not less than twelve (12)inches which 
designed, installed and maintained according to theprovisions of Sec. 
118.160 of this chapter.
    (b) The draws of the AMTRAK Old Saybrook-Old Lyme Bridge, mile3.4, 
and the CONRAIL Middletown-Portland Bridge, mile 32.0, shall beopened as 
soon as practicable for all non-commercial vessels thatcannot pass under 
the closed draws, but in no case shall the delay bemore 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 9a.m. and 
9 p.m., the draw need open for recreational vessels on thehour and half-
hour only. The draw shall open on signal for commercialvessels 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, shallopen 
on signal; except that, from 7 a.m. to 9 a.m., Monday throughFriday, and 
4 p.m. to 5:45 p.m. daily, the draw need not open for thepassage of 
vessels. From December 1 through March 31, from 8 p.m. to 4a.m., the 
draw shall open on signal if at least six-hours notice isgiven by 
calling the number posted at the bridge.
    (b) The draw of the Metro-North (Devon) bridge, mile 3.9 
atStratford, 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. Mondaythrough 
Friday except Federal holidays or an emergency, the draw neednot 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 beopened 
more than once in any 60 minute period.
    (iii) From 9 p.m. to 5 a.m., the draw shall open on signal ifnotice 
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 forthe 
passage of approaching trains from the time of the request.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended byCGD3 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, 
shalloperate as follows:
    (a) From 5 a.m. to 9 p.m.--
    (1) The draw shall open on signal immediately for the passage 
ofcommercial vessels and as soon as practicable but no later than 
20minutes after the signal to open for the passage of all other vessels.
    (2) When a train scheduled to cross the bridge without stoppinghas 
passed the Greenwich or Riverside stations and is in motion towardthe 
bridge, the draw shall open as soon as the train has crossed thebridge.
    (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 
isgiven 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 
callingthe number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended byGCD01-00-228, 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 signalfrom 5 
a.m. to 9 p.m. From 9 p.m. to 5 a.m., the draw shall open onsignal 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 
allowtrains, which

[[Page 571]]

have entered the drawbridge block and are scheduledto cross the bridge 
without stopping, to clear the block.
    (4) All other vessels shall be passed as soon as practicable butno 
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 openon 
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., thedraw 
shall open on signal if at least six-hours notice is given bycalling the 
number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended byCGD3 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 Streetbridge, 
mile 0.7, and the Grand Avenue bridge, mile 1.3, acrossQuinnipiac River, 
and the Chapel Street bridge, mile 0.4 across MillRiver, 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. to1 
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, thedraw 
of the Ferry Street bridge, Quinnipiac River, shall open onsignal, 
unless the drawtender is at the Grand Avenue or Chapel Streetbridges. 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 isgiven to the drawtender at the Ferry Street bridge. In the 
event thatthe drawtender is at the Chapel Street bridge, a delay of up 
to anadditional 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 givento the 
drawtender at Ferry Street bridge. In the event that thedrawtender is at 
the Grand Avenue bridge, a delay of up to anadditional hour may be 
expected.
    (b) Public vessels of the United States, state or local vesselsused 
for public safety, commercial vessels and vessels in distress,shall 
notify the operator of the Tomlinson and the Ferry Streetbridges and 
shall be passed through each of the bridges listed in thissection as 
soon as possible at anytime.
    (c) The sound signals for requesting the opening of each bridgeare 
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 
orhorn.
    (4) The Chapel Street bridge, three short blasts of a whistle 
orhorn.
    (d) The drawtender shall acknowledge sound signals in thefollowing 
manner:
    (1) When the draw can be opened immediately, the same signal asthe 
requesting signal.
    (2) When the draw cannot be opened immediately, or is open andmust 
close, the drawtender shall sound four short blasts of a whistleor horn, 
to be repeated until acknowledged by the vessel by the samesignal.
    (3) When the draw can be reopened, the drawtender shall sound 
theopening signal and open the draw if any vessels are waiting to pass.
    (e) The following visual signal may be used in addition to 
soundsignals for requesting the opening of each bridge when sound 
signalsmay not be heard. A white flag by day or a white light by night 
shallbe swung in full circle at arm's length in full sight of the 
bridgeand facing the draw.
    (f) The drawtender shall acknowledge visual signals in thefollowing 
manner:
    (1) When the draw can be opened immediately, a white flag by dayor a 
green light by night swung up and down vertically a number oftimes in 
full sight of the vessel.
    (2) When the draw cannot be opened immediately, or is open andmust 
close, a red flag by day or a red light by night, swung back andforth 
horizontally in full sight of the vessel, to

[[Page 572]]

be repeateduntil acknowledged by the vessel by the same signal.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984, as amended byCGD3 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 openon 
signal; except that, from April 1 through October 31 from 8 p.m. to4 
a.m. and from November 1 through March 31 from 6 p.m. to 6 a.m., thedraw 
shall open on signal if at least one hour notice is given. When atrain 
scheduled to cross the bridge without stopping has entered thedrawbridge 
block, a delay in opening the draw may occur until thetrain has cleared 
the block.
    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall openon 
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 forthe 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 sixhours 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, 
atNorwalk, shall operate as follows:
    (1) The draw shall open on signal; except that, from 7 a.m. to8:45 
a.m., 11:45 a.m. to 1:15 p.m., and 4 p.m. to 6 p.m., Mondaythrough 
Friday, except holidays, the draw need not be opened for thepassage of 
vessels that draw less than 14 feet of water.
    (2) The draw need not open for the passage of vessel traffic, from10 
a.m. to 12 p.m., on the first Saturday in December, to facilitatethe 
running of the annual Norwalk River Fun Run. Should inclementweather 
force the postponement of the race the above bridge closureshall be 
implemented the next day, the first Sunday after the firstSaturday in 
December, from 10 a.m. to 12 p.m.
    (3) The bridge opening signal is three short blasts. Vesselsdrawing 
14 feet of water or more shall add one prolonged blast afterthe three 
short blasts.
    (b) The draw of the Metro-North ``WALK'' bridge, mile0.1 at Norwalk, 
shall open on signal as follows:
    (1) From 5 a.m. to 9 p.m., except that, from Monday through 
Fridayexcluding holidays, the draw need not be opened from 7 a.m. to 
8:45a.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. and6 
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 
isapproaching so closely that it may not be safely stopped.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD3 85-42, 50 FR 
26711, June 28, 1985;CGD01-07-019, 72 FR 51180, Sept. 6, 2007]



Sec. 117.219  Pequonnock River.

    (a) Public vessels of the United States must be passed through 
assoon as possible.
    (b) The Stratford Avenue Bridge, mile 0.1, at Bridgeport, shallopen 
on signal; except that, from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to8:15 
a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 6:10 p.m., thedraw need 
not open for the passage of vessels. From December 1 throughMarch 31, 
from 8 p.m. to 4 a.m., the draw shall open on signal if atleast six-
hours notice is given by calling the number posted at thebridge.
    (c) The draw of the Metro-North ``PECK'' bridge, mile0.3 at 
Bridgeport, shall open on the signal of three blasts asfollows:
    (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. to8:15 a.m., and 4:30 p.m. to 6:10 p.m.
    (ii) From Monday through Friday, excluding holidays oremergencies, 
the draws need not be opened more than once during theperiods 5:45 a.m. 
to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 a.m. to 9a.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 
atleast eight hours notice is given.
    (3) The draw need not open on signal if a train is approaching 
soclosely that

[[Page 573]]

it may not be safely stopped; however, the delay inopening the draw 
shall not exceed 7 minutes from time of the request.
    (d) The draw of the Congress Street Bridge, mile 0.4 atBridgeport, 
shall open on signal as follows:
    (1) From 8 a.m. to 9 p.m.; except that the draw need not open forthe 
passage of other than commercial vessels from 11:45 a.m. to 1:15p.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 isgiven; 
except that the draw need not open for the passage of vesselsfrom 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 twoshort 
blasts.
    (e) The draw of the East Washington Street bridge mile 0.6, 
shallopen on the signal of one prolonged blast followed by two short 
blastsif at least 24 hours notice is given.
    (f) The draw of the Grand Street bridge mile 0.9 at Bridgeportneed 
not be opened for the passage of vessels. However, the draw shallbe 
returned to operable condition within 12 months after notificationby 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 
assoon as possible.
    (b) The draw of the Metro-North ``SAGA'' Bridge, mile1.1 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 5a.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 5a.m.-9 p.m., except as 
provided in paragraph (b)(1)(i) of thissection.
    (4) A delay in opening the draw not to exceed 10 minutes may 
occurwhen a train scheduled to cross the bridge without stopping 
hasentered the drawbridge block.
    (c) The draw of the Route 136 Bridge, mile 1.3 at Saugatuck 
shalloperate as follows:
    (1) Year-round, need not open weekdays, except Federal holidays,from 
7 a.m. to 8:30 a.m. and 5:30 p.m. to 7:30 p.m.
    (2) From April 15-October 31, open on signal if at leasttwo hours 
notice is given, except as provided in paragraph (c)(1) ofthis 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 isgiven;
    (ii) From 3 p.m. to 8:30 a.m., if at least 24 hours notice isgiven, 
except as provided in paragraph (c)(1) of this section.

[CGD 82-087, 50 FR 13319, Apr. 4, 1985, as amended byUSCG-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 openon 
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. to8 a.m. 
and on Saturdays and Sundays, the draw shall open on signal ifat least 
eight hours notice is given. From April 1 through November 30from 5 a.m. 
to 10 p.m., the draw shall open on signal; and, from 10p.m. to 5 a.m., 
the draw shall open on signal if at least one hournotice is given. A 
delay of up to 10 minutes may be expected if atrain 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]

[[Page 574]]



Sec. 117.224  Thames River.

    The draw of the Amtrak bridge, mile 3.0 in New London, shallopen--
    (a) Immediately on signal for public vessels of the United Statesand 
commercial vessels; except, when a train scheduled to cross 
thedrawbridge, without stopping, has passed the Midway, Groton, or 
NewLondon stations and is in motion toward the drawbridge, the 
drawspanmust not be opened for the passage of any vessel until the train 
hascrossed the drawbridge; and
    (b) As soon as practicable for all other vessels but no later than20 
minutes after the signal to open is given.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984, as amended byUSCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec. 117.225  Yellow Mill Channel.

    The drawspan of the Stratford Avenue Bridge, mile 0.3 atBridgeport, 
must open on signal if at least 24-hours notice is given.Public vessels 
of the United States must pass through as soon aspossible.

[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 Streetbridge, 
mile 1.3, and the Sixteenth Street bridge, mile 1.7, all atWilmington, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD3 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 openon 
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 least48 
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 fromDecember 1 
through March 31 from 6:30 p.m. to 6 a.m., the draw shallopen 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 onboth 
sides of the bridge, shall be used:
    (a) When the draw is to be opened immediately, one fixed amberlight.
    (b) When the draw is not ready to be opened, one flashing redlight.



Sec. 117.237  Christina River.

    (a) The owners of the bridges on this waterway:
    (1) Shall provide and keep in good legible condition two boardgages 
painted white with black figures not less than six inches highto 
indicate the vertical clearance under the closed draw at all stagesof 
the tide. The gages shall be so placed on the bridges that they 
areplainly visible to the operator of each vessel approaching the 
bridgeeither up or downstream.
    (2) Shall open on signal except that the draw of a railroad 
bridgeneed not be opened when a train is in the bridge block, 
approachingthe 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 
10minutes.
    (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.4 
atWilmington, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. 
Thedraw shall only be closed for train crossings or periodic 
maintenanceauthorized in accordance with subpart A of this part.
    (2) The bridge shall be operated by the controller at theHarrisburg, 
PA Dispatcher's Office. The controller shall monitorvessel traffic with 
closed circuit cameras and infrared sensorscovering the swing radius. 
Operational information will be provided 24hours a day on marine channel 
13 and via telephone (717)541-2140.
    (3) The bridge shall not be operated from the remote location inthe 
following events: Failure or obstruction

[[Page 575]]

of the infraredsensors, closed-circuit cameras or marine-radio 
communications, oranytime controller's visibility is inhibited. In these 
situations, abridge tender with Norfolk Southern must be called and on-
site within30 minutes.
    (4) Before the bridge closes for any reason, the remote operatorwill 
monitor waterway traffic in the area. The bridge shall only beclosed if 
the off-site remote operator's visual inspection shows thatthe channel 
is clear and there are no vessels transiting in the area.While the 
bridge is moving, the operator shall maintain constantsurveillance of 
the navigation channel.
    (5) Before closing the draw, the channel traffic lights wouldchange 
from flashing green to flashing red, the horn will sound fiveshort 
blasts, and an audio voice warning stating, ``Attention,Attention. 
Norfolk Southern Railroad Bridge over Christina River atmilepost 1.4 
will be closing to river traffic.'' Five shortblasts of the horn will 
continue until the bridge is seated and lockeddown to vessels. The 
channel traffic lights will continue to flashred.
    (6) When the rail traffic has cleared, the horn will sound 
oneprolonged blast followed by one short blast to indicate the draw 
isopening to vessel traffic. During the opening swing movement, 
thechannel traffic lights would flash red until the bridge returns to 
thefully open position. In the full open position to vessels, the 
bridgechannel lights will flash green followed by an announcement 
stating,``Security, security, security. Norfolk Southern Railroad 
Bridgeover Christina River at mile 1.4 is open for river 
traffic.''Vessels shall stay clear of both channels as to not interfere 
withinfrared detectors, until green lights are displayed on the 
swingspan.
    (c) The draw of the Third Street Bridge, mile 2.3 and WalnutStreet 
bridge, mile 2.8, both at Wilmington shall open on signal. Thedraw of 
the Market Street Bridge, mile 3.0 at Wilmington shall open onsignal 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 ofvessels. Any vessel 
which has passed through one or more of thesebridges immediately prior 
to a closed period and which requirespassage through the other bridge or 
bridges in order to continue toits destination shall be passed through 
the draw or draws of thebridge or bridges without delay. The draws of 
these bridges shall openat all times as soon as possible for passage of 
a public vessel of theUnited States.
    (d) The draws of the Norfolk Southern Railroad bridges, at miles4.1 
and 4.2, both at Wilmington, shall open on signal from 6 a.m. to 8p.m. 
if at least 24 hours notice is given. From 8 p.m. to 6 a.m., thedraws 
need not be opened for the passage of vessels.
    (e) The draw of the SH141 bridge, mile 7.5 at Wilmington, shallopen 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD3 84-06, 49 FR 
33448, Aug. 23, 1984, CGD3 85-42, 50FR 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, inLewes 
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 
shallopen 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 
onsignal 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 
inSeaford, will operate as follows:
    (1) From March 15 through November 15, the draw will open onsignal 
for all vessels except that from 11 p.m. to 5 a.m. at least2\1/2\ hours 
notice will be required.
    (2) At all times, from November 16 through March 14, the draw 
willopen on signal if at least 2\1/2\ hours notice is given.

[[Page 576]]

    (3) When notice is required, the owner operator of the vesselmust 
provide the train dispatcher with an estimated time of passage bycalling 
(717) 215-0379 or (609) 412-4338.
    (b) The draw of the SR 13 Bridge, mile 39.6 in Seaford, shall openon 
signal, except from 6 p.m. to 8 a.m., from April 1 through October31; 
from November 1 through March 31, Monday to Friday, and onSaturday and 
Sunday from 3:30 p.m. to 7:30 a.m., if at least fourhours 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 
FlemingsLanding, 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 
CapitolStreet) bridge, mile 1.2, shall open on signal if at least 24 
hoursnotice is given. The draw is closed to the passage of vessels on 
eachPresidential Inauguration Day and may occasionally be closed 
withoutadvance notice to permit uninterrupted transit of dignitaries 
acrossthe bridge.
    (b) The CSX Railroad Bridge, mile 3.4.
    (1) The draw of the bridge to be operated by the controller at 
theBenning Yard office shall open on signal:
    (i) At all times for public vessels of the United States, stateand 
local government vessels, commercial vessels and any vessels in 
anemergency involving danger to life or property.
    (ii) Between 9 a.m. and 12 p.m. and between 1 p.m. and 6 p.m. 
fromMay 15 through September 30.
    (iii) Between 6 p.m. and 7 p.m. from May 15 through September 30if 
notice is given to the controller at the Benning Yard office notlater 
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 givento 
the controller at the Benning Yard office.
    (2) The CSX Railroad Bridge shall not be operated by thecontroller 
at the Benning Yard office in the event of failure orobstruction of the 
motion sensors, laser scanners, video cameras ormarine-radio 
communications, In these situations, a bridge tender mustbe called to 
operate the bridge on-site.
    (3) Except as provided in Sec. 117.31(b), opening of thedraw shall 
not exceed ten minutes after clearance of rail traffic.
    (4) A horn will sound one prolonged blast followed by one shortblast 
to indicate that the CSX Railroad Bridge is moving to the fullopen 
position for vessel traffic. During open span movement, thechannel 
traffic lights will flash red until the bridge is in the fullopen 
position to vessels. In the full open position to vessels, thebridge 
channel traffic lights will flash green.
    (5) A horn will sound five short blasts, the channel trafficlights 
will flash red, and an audio voice-warning device will announcebridge 
movement during closing span movement. Five short blasts of thehorn will 
continue until the bridge is seated in and locked down. Whenthe bridge 
is seated and in locked down position to vessels, thechannel traffic 
lights will continue to flash red.
    (6) The owners of the bridge shall provide and keep in goodlegible 
condition two board gauges painted white with black figuresnot less than 
six inches high to indicate the vertical clearance underthe closed draw 
at all stages of the tide. The gauges shall be placedon the bridge so 
that they are plainly visible to the operator of anyvessel 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 indistress, 
notwithstanding the provisions of Sec. 117.31.
    (2) Shall open for the passage of a commercial vessel at any 
timeexcept:

[[Page 577]]

    (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 
underparagraph (a)(2) of this section unless--
    (i) The owner or operator of the vessel provides the bridge 
tenderwith an estimate of the approximate time of that passage at least 
12hours in advance at (703) 836-2396; and
    (ii) the owner or operator of the vessel notifies the bridgetender 
at least 4 hours in advance of the requested time for thatpassage.
    (4) Shall open for the passage of a recreational vessel at anytime 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 
12midnight;
    (ii) Saturday, Sunday, and Federal holidays, 7 a.m. to 12midnight, 
except as provided in paragraph (a)(4)(iii) of this section;
    (iii) Notwithstanding paragraph (a)(4)(ii) of this section, 
thebridge may open beginning at 10 p.m. on Saturday, Sunday, or a 
Federalholiday for the passage of a recreational vessel if the owner 
oroperator of the vessel notifies the Bridge Tender of the time of 
thatpassage by not later than 12 hours before that time.
    (5) Need not open for the passage of a recreational vessel 
underparagraph (a)(4) of this section unless--
    (i) The owner or operator of the vessel provides the bridge 
tenderwith an estimate of the approximate time of that passage at least 
12hours in advance at (703) 836-2396; and
    (ii) the owner or operator of the vessel notifies the bridgetender 
at least 4 hours in advance of the requested time for thatpassage.
    (6) A recreational vessel may pass through the drawspan at anytime 
it is open for the passage of a commercial vessel.
    (b) The draws of all other bridges need not be opened for thepassage 
of vessels.
    (c) 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 amendedbyCGD05-06-083, 71 FR 
51480, Aug. 30, 2006;USCG-2001-10881, 71 FR 70310, Dec. 4, 2006; 72 FR 
50876,Sept. 5, 2007]

                                 Florida



Sec. 117.258  Apalachicola River.

    The draw of the CSX Railroad bridge, mile 105.9, at River 
Junctionshall open on signal Monday through Friday from 8 a.m. until 4 
p.m. Atall other times the bridge will open on signal if at least 4 
hoursnotice is given.

[CGD08-03-007, 68 FR 43306, July 22, 2003]



Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to Key Largo.

    (a) General. Public vessels of the United States and tugswith tows 
must be passed through the drawspan of each drawbridgelisted in this 
section at anytime.
    (b) McCormick Bridge, mile 747.5 at Jacksonville Beach. Thedraw 
shall open on signal; except that during April, May, October andNovember 
from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Mondaythrough Friday 
except Federal holidays, the draw need open only on thehour and half 
hour. During April, May, October and November from 12noon to 6 p.m. 
Saturdays, Sundays and Federal holidays, the draw needopen 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 throughFriday 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 andhalf-hour.
    (e)-(f) [Reserved]
    (g) Memorial bridge, mile 830.6 at Daytona Beach. The drawshall open 
on signal; except that, from 7:45 a.m. to 8:45 a.m. and4:45 p.m. to 5:45 
p.m. Monday through Saturday except Federalholidays, the draw need open 
only at 8:15 a.m. and 5:15 p.m.

[[Page 578]]

    (h) Coronado Beach bridge (SR 44), mile 845 at New SmyrnaBeach. The 
Coronado Beach bridge (SR 44), mile 845, shall open onsignal, 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 andforty 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 
displayingflashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, it stops and the 
operatorinitiates a command to lower the bridge. The lights go to 
flashing redand the draw lowers and locks, providing scanning equipment 
revealsnothing under the draw. The draw remains down until a manual 
raisecommand is initiated, or will raise automatically 5 minutes after 
theintermediate track circuit is no longer occupied by a rail car.
    (4) After the train has cleared, the draw opens and the lightsreturn 
to flashing green.
    (k) State Road 402, Max Brewer bridge, mile 878.9 atTitusville. 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, exceptfederal holidays, the 
draw need not open.
    (l) John F. Kennedy Space Center bridge, mile 885 at AddisonPoint. 
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, exceptFederal holidays, the 
draw need not open.
    (m)-(n) [Reserved]
    (o) Jensen Beach (SR 707a) bridge, mile 981.4 at Stuart. Thedraw 
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. Thedraw 
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 openon 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 RivieraBeach. The draw 
shall open on the quarter and three-quarter hour.
    (u) Flagler Memorial (SR A1A) bridge, mile 1020.8, at PalmBeach. 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.
    (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7 at PalmBeach. 
The draw shall open on the quarter and three-quarter hour.
    (x) Ocean Avenue bridge, mile 1031.0, at Lantana. The drawshall open 
on the hour and half-hour.
    (y) Ocean Avenue bridge, mile 1035.0, at Boynton Beach. Thedraw 
shall open on the hour and half-hour.
    (z) [Reserved]
    (z-1) Atlantic Avenue (SR 806) bridge, mile 1039.6, atDelray Beach. 
The draw shall open on the quarter and three-quarter-hour.
    (z-2) Linton Boulevard bridge, mile 1041.1, at DelrayBeach. The draw 
shall open on the hour and half-hour.
    (z-3) Spanish River bridge, mile 1044.9, at BocaRaton. The draw 
shall open on the hour and half-hour.
    (aa) Palmetto Park bridge, mile 1047.5, at Boca Raton. Thedraw shall 
open on the hour and half-hour.
    (aa-1) Boca Club, Camino Real bridge, mile 1048.2, atBoca Raton. The 
draw shall open on the hour, twenty minutes pastthe hour and forty 
minutes past the hour.
    (bb) Broward County. (1) Hillsboro Boulevard bridge (SR810), mile 
1050.0 at Deerfield Beach. The draw shall open on the hourand half-hour.
    (2) NE 14th Street bridge, mile 1055.0 at Pompano. The draw 
shallopen on the quarter-hour and three-quarter hour.
    (3) Atlantic Boulevard (SR 814) bridge, mile 1056.0 at Pompano.The

[[Page 579]]

draw shall open on the hour and half-hour.
    (4) Commercial Boulevard (SR 870) bridge, mile 1059.0, atLauderdale-
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 
FortLauderdale. The draw shall open on the hour and half-hour. On 
thefirst weekend in May, the draw need not open from 4 p.m. to 6 p.m. 
onSaturday and Sunday, and, on the first Saturday in May, the draw 
neednot open from 9:45 p.m. to 10:45 p.m.
    (7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The 
drawshall open on the quarter-hour and three-quarter hour. On the 
firstweekend in May, the draw need not open from 4 p.m. to 6 p.m. 
onSaturday and Sunday, and, on the first Saturday in May, the draw 
neednot open from 9:45 p.m. to 10:45 p.m.
    (8) SE 17th Street (Brooks Memorial) bridge, mile 1065.9 at 
FortLauderdale. The draw shall open on the hour and half-hour.
    (9) Dania Beach Boulevard bridge, mile 1069.4 at Dania Beach. 
Thedraw shall open on the hour and half-hour.
    (10) Sheridan Street bridge, mile 1070.5, at Fort Lauderdale. 
Thedraw shall open on the quarter-hour and three-quarter hour.
    (11) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 
atHollywood. The draw shall open on the hour and half-hour.
    (12) Hallandale Beach Boulevard (SR 824) bridge, mile 1074.0 
atHallandale. The draw shall open on the quarter-hour and three-
quarterhour.
    (cc)-(kk) [Reserved]
    (ll) N.E. 163rd Street (SR826) bridge, mile 1078.0 at SunnyIsles. 
The draw shall open on signal; except that, from 7 a.m. to 6p.m. on 
Monday through Friday except Federal holidays, and from 10a.m. to 6 p.m. 
on Saturdays, Sundays, and Federal holidays, the drawneed open only on 
the quarter-hour and three-quarter hour.
    (mm) Broad Causeway bridge, mile 1081.4 at Bay HarborIslands. The 
draw shall open on signal; except that, from 8 a.m. to6 p.m., the draw 
need open only on the quarter-hour and three-quarterhour.
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, shall openon 
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 andhalf-hour.
    (oo) through (pp) [Reserved]
    (qq) Jewfish Creek, mile 1134, Key Largo. The draw shallopen on 
signal; except that from 10 a.m. to sunset, Thursday throughSunday and 
federal holidays, the draw need open only on the hour andhalf hour.
    (rr)-(ss) [Reserved]

[CGD7-84-29, 50 FR 51248, Dec. 16, 1985]

    Editorial Note: For Federal Register citations toSec. 117.261, see 
the List of CFR Sections Affected, whichappears in the Finding Aids 
section of the printed volume and on GPOAccess.



Sec. 117.263  Banana River.

    (a) The draw of the Mathers (SR A-1-A) Bridge, mile0.5 at Indian 
Harbor Beach, shall open on signal; except that, from 10p.m. to 6 a.m. 
Monday through Friday except Federal holidays, the drawshall open on 
signal if at least two hours notice is given.
    (b) The draw of the NASA Causeway bridge, mile 27.6 at 
CapeCanaveral, shall open on signal if at least four hours notice is 
givento the NASA Security 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 
andBlack Island, shall open on signal; except that, the draw need not 
beopened 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 beopened 
for the passage of vessels; however, the draw shall be restoredto 
operable condition within 6 months after notification by theDistrict 
Commander to do so.

[CGD 07-98-009, 63 FR 67402, Dec. 7, 1998]

[[Page 580]]



Sec. 117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall open on signal, exceptthat 
from 7 a.m. to 7 p.m., Monday through Friday, except Federalholidays, 
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 
atMilton, shall open on signal; except that, from 8 p.m. to 4 a.m., 
thedraw shall open on signal if at least eight hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD8-86-06, 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, 
betweenMarathon and Boot Key, will open as necessary on the hour between 
thehours of 7 a.m. to 7 p.m. At all other times, the bridge will 
openfollowing a one hour notification to the bridge tender by calling 
theposted cell phone number. The draw shall open on demand and as soon 
aspracticable for the passage of tugs with tows, public vessels of 
theUnited States and vessels whereby a delay would endanger life 
orproperty.

[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, mile1.0, 
across the Canaveral Barge Canal need only open daily for vesseltraffic 
on the hour and half-hour from 6 a.m. to 10 p.m.; except thatfrom 6:15 
a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Mondaythrough Friday, 
except Federal holidays, the drawspan need not open.From 10:01 p.m. to 
5:59 a.m., everyday, the drawspan must open onsignal if at least 3 hours 
notice is given to the drawtender. Thedrawspan must open as soon as 
possible for the passage of publicvessels of the United States and tugs 
with tows.
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at PortCanaveral, 
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 Federalholidays, the drawspan 
need not be opened for the passage of vessels.From 10 p.m. to 6 a.m., 
the drawspan must open on signal if at leastthree hours notice is given. 
The drawspan must open as soon aspossible for the passage of pubic 
vessels of the United States andtugs 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 
onsignal 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 
onsignal, except that during the evening hours from 10 p.m. to 6 
a.m.from Sunday evening until Friday morning, except on 
eveningspreceeding a Federal holiday, the draw shall open on signal if 
atleast 2 hours notice is given.
    (b) The draw of the Tortoise Island bridge, mile 2.6, shall openon 
signal; except that from 10 p.m. to 6 a.m. from Sunday eveningthrough 
Friday morning, the draw shall open on signal if at least 2hours advance 
notice is given. From 10 p.m. to 6 a.m. on Friday andSaturday and on 
evenings immediately preceding Federal holidays, thedraw shall open on 
signal if at least 30 minutes advance notice isgiven.

[CGD7-92-113, 58 FR 31474, June 3, 1993, asamended 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 
bepassed through the drawspan of each drawbridge listed in this 
sectionat 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., Mondaythrough Friday, 
except

[[Page 581]]

Federal holidays, the draw need open onlyon 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, quarterhour, half hour and three quarter 
hour.
    (a-2) The draw of the Venice Avenue bridge, mile 56.6 atVenice, 
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 onlyat 10 
minutes after the hour, 30 minutes after the hour and 50 minutesafter 
the hour and except between 4:35 p.m. and 5:35 p.m. when thedraw need 
not open.
    (b) The draw of the Hatchett Creek (US-41) bridge, mile56.9 at 
Venice, shall open on signal, except that, from 7 a.m. to 4:20p.m., 
Monday through Friday except Federal holidays, the draw needopen only on 
the hour, 20 minutes after the hour, and 40 minutes afterthe hour and 
except between 4:25 p.m. and 5:25 p.m. when the draw neednot 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, atSarasota. The draw 
shall open on signal, except that the draw needopen only on the hour, 
twenty minutes past the hour, and forty minutespast the hour, from 6 
a.m. to 10 p.m., Monday through Friday, exceptFederal 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 
openonly on the hour, twenty minutes past the hour and forty minutes 
pastthe 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 
andforty minutes past the hour.
    (d)(1) Cortez (SR 684) Bridge, mile 87.4. The draw shall open 
onsignal, except that from 6 a.m. to 7 p.m., the draw need only open 
onthe 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 
onlyopen 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., thedraw 
need only open on the hour, 20 minutes after the hour, and 40minutes 
after the hour. From January 15 to May 15, from 6 a.m. to 7p.m., the 
draw need only open on the hour and half hour.
    (3) [Reserved]
    (4) Pinellas Bayway Structure ``E'' (SR 679) bridge,mile 113.0 at 
St. Petersburg Beach. The draw shall open on signal,except that from 9 
a.m. to 7 p.m. the draw need open only on the hourand 30 minutes past 
the hour.
    (5) Cortez (SR 684) Bridge, mile 87.4. The draw shall open onsignal; 
except that from 6 a.m. to 7 p.m., the draw shall open on thehour and 
half-hour.
    From September 29, 2008 to November 13, 2008, the Cortez Bridgewill 
remain closed to navigation from 5:35 a.m. to 9:25 a.m., 1:35p.m. to 
4:25 p.m. and 8 p.m. to 4:25 a.m. At all other times, thisbridge will 
open once an hour on the bottom of the hour.
    (6) The Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile89.2. 
The draw shall open a single-leaf on signal; except that from 6a.m. to 7 
p.m., the draw shall open on the hour and half-hour. Adouble-leaf 
opening will be available with a one-hour notice to thebridge tender. 
From September 29, 2008 to November 13, 2008, the AnnaMaria Bridge will 
remain closed to navigation from 6 a.m. to 9 a.m., 2p.m. to 5 p.m. and 8 
p.m. to 5 a.m., at all other times, this bridgewill open once an hour on 
the top of the hour.
    (e) The draw of the Pinellas Bayway, Structure ``C''bridge, mile 
114, at St. Petersburg Beach shall open on signal; exceptthat 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 
atSouth Pasadena, shall open on signal; except that, from 8 a.m. to 
7p.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, 
20minutes after the hour, and 40 minutes after the hour.
    (g) The draw of the Treasure Island Causeway bridge, mile 
119.0,shall open

[[Page 582]]

on signal, except that from 7 a.m. to 7 p.m. the drawneed open only on 
the hour, quarter hour, half hour and three quarterhour. From 11 p.m. to 
7 a.m. the draw shall open on signal if at least10 minutes advance 
notice is given.
    (h) The draw of the Welch Causeway (SR699) bridge, mile 122.8 
atMadiera Beach, shall open on signal; except that, from 9:30 a.m. to 
6p.m. on Saturdays, Sundays, and Federal holidays, the draw need 
beopened only on the hour, 20 minutes after the hour, and 40 
minutesafter the hour.
    (i) The draw of the Belleair Beach Drawbridge, mile 
131.8,Clearwater, FL shall open on signal, except that from 7 a.m. to 
7p.m., the bridge shall open on the hour and half-hour.
    (j) The draw of the Memorial Clearwater Causeway (SR60) bridge,mile 
136.0 at Clearwater, shall open on signal; except that, from 9a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutespast 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 onlyon the hour and half 
hour.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD07-07-107 73 FR 
1496, Jan. 9, 2008]

    Editorial Note: For Federal Register citations toSec. 117.287, see 
the List of CFR Sections Affected, whichappears in the Finding Aids 
section of the printed volume and on GPOAccess.

    Effective Date Note: At 73 FR 16761, Mar. 31, 2008,Sec. 117.287 was 
amended by adding paragraphs (d)(5) and (d)(6), effective from 7 a.m. on 
March 15, 2008, through 7 p.m. onDecember 31, 2008; and paragraphs 
(d)(1) and (d)(2) were suspendedfrom 7 a.m. on March 15, 2008, through 7 
p.m. on December 31, 2008.



Sec. 117.289  Hillsboro Inlet.

    The drawspans of the SR A-1-A Drawbridge, mile 0.3at Hillsboro 
Beach, must open on signal; except that, from 7 a.m. to 6p.m., the 
drawspans need be opened only on the hour, quarter hour,half hour, and 
three quarter hour. Public vessels of the United Statesand 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, 
andWest Hillsborough Avenue, mile 4.8, must open on signal if at 
leasttwo hours notice is given; except that, the drawspan must open 
onsignal as soon as possible for public vessels of the United States.
    (b) The draw of the CSX Railroad Bridge across the 
HillsboroughRiver, mile 0.7, at Tampa, operates as follows:
    (1) The bridge is not tended.
    (2) The draw is normally in the fully open position, displayinggreen 
lights to indicate that vessels may pass.
    (3) As a train approaches, provided the marine traffic 
detectionlaser scanners do not detect a vessel under the draw, the 
lightschange to flashing red and a horn continuously sounds while the 
drawcloses. The draw remains closed until the train passes.
    (4) After the train clears the bridge, the lights continue toflash 
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]



Sec. 117.295  Kissimmee River.

    The draw of the DSX Railroad bridge, mile 37.0, near FortBasinger, 
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 atRuskin, 
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 
theLoxahatchee 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, 
displayingflashing

[[Page 583]]

green lights to indicate that vessels may pass.
    (c) When a train approaches, the lights go to flashing red and ahorn 
starts four blasts, pauses, and then continues four blasts. Afteran 
eight minute delay, the draw lowers and locks, providing thescanning 
equipment reveals nothing under the draw. The draw remainsdown for a 
period of eight minutes or while the approach track circuitis occupied.
    (d) After the train has cleared, the draw opens and the lightsreturn 
to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381,Sept. 24, 1984; 
Redesignated by CGD07-04-015, 69 FR42874, July 19, 2004]



Sec. 117.300  Manatee River.

    The draw of the CSX Railroad Bridge across the Manatee River, 
mile4.5 Bradenton, operates as follows:
    (a) The bridge is not tended.
    (b) The draw is normally in the fully open position, displayinggreen 
lights to indicate that vessels may pass.
    (c) As a train approaches, provided the scanners do not detect 
avessel under the draw, the lights change to flashing red and a 
horncontinuously sounds while the draw closes. The draw remains 
closeduntil the train passes.
    (d) After the train clears the bridge, the lights continue toflash 
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 
thepassage of vessels. The draw will open at any time for a vessel 
indistress.

[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 
onsignal from 8 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. Monday 
throughSaturday. On Sundays the draw shall open on signal from 7 a.m. to 
10a.m. and from 3 p.m. to 7 p.m. At all other times, the draw need notbe 
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, tugswith 
tows, and vessels in a situation where a delay would endangerlife or 
property shall, upon proper signal, be passed through the drawof each 
bridge listed in this section at any time.
    (b) The draws of the S.W. First Street Bridge, mile 0.9, up to 
andincluding the N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall 
openon signal; except that, from 7:35 a.m. to 8:59 a.m. and 4:45 p.m. 
to5:59 p.m., Monday through Friday, except Federal holidays, the 
drawsneed not open for the passage of vessels.
    (c) The draws of the Miami Avenue Bridge, mile 0.3, and the 
S.W.Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; 
exceptthat, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 
4:35p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, 
thedraws 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., Mondaythrough Friday 
except Federal holidays, the draw need open only on thehour and half-
hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59p.m. and 4:35 p.m. 
to 5:59 p.m., Monday through Friday except Federalholidays, 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, shallopen 
on signal if at least 48-hour notice is given to CSX SystemOperating 
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 openon signal from 6 a.m. 
to 6 p.m. if at least six hours notice is

[[Page 584]]

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, 
atSarasota, 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 7a.m., 
the drawspan must open on signal if at least 3 hours notice isgiven to 
the drawtender. Public vessels of the United States and tugswith 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 
FortLauderdale 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 
Federalholidays, 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 
FortLauderdale, shall open on signal; except that, from 7:30 a.m. to 
9a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except 
Federalholidays, the draw need not open. The draw need not open for 
inboundvessels when the draw of the Florida East Coast Railroad bridge, 
mile2.5 at Fort Lauderdale is in the closed position for the passage of 
atrain. Public vessels of the United States, tugs with tows, andvessels 
in distress shall be passed at any time.
    (c) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 atFort 
Lauderdale shall open on signal; except that, from 7:30 a.m. to 9a.m. 
and 4:30 p.m. to 6 p.m., Monday through Friday, except Federalholidays, 
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, asamended 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, from7:30 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 theUnited States, 
tugs with tows, and vessels in distress shall be passedat any time.
    (b) The drawspan for the SR84 Drawbridge, mile 4.4 at 
FortLauderdale, must open on signal if at least 24 hours notice is 
given.Public vessels of the United States and tugs with tows must be 
passedthrough the draw as soon as possible.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006; 72FR 7351, Feb. 15, 2007]



Sec. 117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of theUnited 
States and tugs with tows.
    (b) Evans Crary (SR A1A) bridge, mile 3.4 at Stuart. Thedraw 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 thehour, and 40 minutes after 
the hour. Exempt vessels shall be passed atany time.
    (c) Florida East Coast Railroad bridge, mile 7.4 at Stuart.The draw 
shall operate as follows:
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position, 
displayingflashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, the navigation lights goto 
flashing red and a horn sounds four blasts, pauses, and thenrepeats four 
blasts. After an eight minute delay, the draw lowers andlocks, providing 
the scanning equipment reveals nothing under thedraw. The draw remains 
down for a period of eight minutes or while theapproach track circuit is 
occupied.
    (4) After the train has cleared, the draw opens and the lightsreturn 
to flashing green.
    (d) Roosevelt (US1) bridge, mile 7.4 at Stuart. The drawshall open 
on signal;

[[Page 585]]

except Monday through Friday, exceptFederal holidays, from 7 a.m. to 6 
p.m. the draw need open only on thehour 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. thedraw need open only on the hour, 20 
minutes after the hour, and 40minutes after the hour. When the adjacent 
railway bridge is in theclosed position at the time of a scheduled 
opening the draw need notopen, but it must then open immediately upon 
opening of the railroadbridge to pass all accumulated vessels. Exempt 
vessels shall be passedat any time.
    (e) Seaboard System Railroad bridge, mile 28.2 atIndiantown. The 
draw shall open on signal; except that, from 10p.m. to 6 a.m. the draw 
shall open on signal if at least three hoursnotice 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 
displayingflashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge it will stop and acrewmember 
will observe the waterway for approaching vessels, whichwill be allowed 
to pass. Upon manual signal, the bridge lights will goto flashing red, 
and the horn will sound four blasts, pause, thenrepeat four blasts, then 
the draw will lower and lock, providingscanning equipment reveals 
nothing under the span.
    (4) After the train has cleared, the draw will open, and thelights 
will return to flashing green.
    (g) Belle Glade Dike (SR 71) bridge, mile 60.7 between TorryIsland 
and Lake Shore. The draw shall open on signal from 7 a.m. to6 p.m. 
Monday through Thursday, and from 7 a.m. to 7 p.m. Fridaythrough Sunday. 
At all other times, the draw need not be opened forthe passage of 
vessels.
    (h) Seaboard System Railroad bridge, mile 78.3 at MooreHaven. The 
draw shall open on signal; except that, from 10 p.m. to6 a.m. the draw 
need not be opened for the passage of vessels.
    (i) Highway bridges at Moore Haven (mile 78.4) La Belle (mile103.0), 
Denaud (mile 108.2), Alva (mile 116.0), and Olga (mile126.3). 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 hoursnotice is given.
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The drawshall 
open on signal, except that from 7 a.m. until 6 p.m. Mondaythrough 
Friday, except Federal holidays, the draw need only open onthe hour and 
half hour. On Saturday, Sunday, and Federal holidays thedraw shall open 
on signal, except that from 7 a.m. until 6 p.m., thedraw 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 onsignal if at least five 
minutes advance notice is given to the bridgetender.
    (k) Caloosahatchee River Bridge (SR 29), Mile 103, Labelle,Florida. 
The Caloosahatchee River bridge (SR 29), mile 103, shallopen on signal, 
except that from 7 a.m. to 9 a.m. and from 4 p.m. to 6p.m., Monday 
through Friday, except Federal holidays, the bridge neednot open. Exempt 
vessels shall be passed at any time.

[CGD7 85-50, 51 FR 12319, Apr. 10, 1986, as amended byCGD7 87-06, 52 FR 
28693, Aug. 3, 1987; CGD7-87-37, 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 
shallopen on signal if at least three hours notice is given.
    (b) The draw of the Moss Bluff (SR 464) bridge, mile 66.0, neednot 
open for the passage of vessels.
    (c) The draw of the Muclan Farms bridge, mile 63.9, need not openfor 
the passage of vessels.

[CGD7-85-15, 50 FR 29672, July 22, 1985, asamended by CGD7-87-49, 52 FR 
42649, Nov. 6, 1987;CGD07-02-008, 67 FR 50351, Aug. 2, 2002]

[[Page 586]]



Sec. 117.323  Outer Clam Bay

    The drawspan of the Outer Clam Bay Boardwalk Drawbridge shall openon 
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, shallopen 
on signal from 8 a.m. to 4 p.m., daily. From 4:01 p.m. to 7:59a.m., 
daily, the bridge shall open with a 24-hour advance notice toCSX 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 8:30a.m. 
and from 4:30 p.m. to 6 p.m., Monday through Saturday exceptFederal 
holidays, the drawspan need not be opened for the passage ofvessels.
    (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 
mechanicaloverride capability for the automated operation. A 
radiotelephoneshall be maintained at the bridge for the safety of 
navigation.
    (2) The draw is normally in the fully open position, 
displayingflashing green lights to indicate that vessels may pass.
    (3) When a train approaches, large signs on both the upstream 
anddownstream sides of the bridge flash ``Bridge ComingDown,'' the 
lights go to flashing red, and siren signals sound.After an eight minute 
delay, the draw lowers and locks if there are novessels under the draw. 
The draw remains down for a period of eightminutes or while the approach 
track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lightsreturn 
to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD7-90-76, 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 SystemRailroad 
bridge, mile 23.1, both at Kingsland, shall open on signal ifat least 48 
hours notice is given.



Sec. 117.331  Snake Creek.

    The draw of the Snake Creek bridge, at Islamorada, Florida, 
shallopen on signal, except that from 8 a.m. to 4 p.m., the draw need 
openonly 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 
beopened for the passage of vessels, however, the draw shall be 
restoredto operable condition within 6 months after notification by 
theDistrict 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 
onsignal 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 atPanama 
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 noticeis given.



Sec. 117.341  Whitcomb Bayou.

    The draw of the Beckett Bridge, mile 0.5, at Tarpon Springs,Florida 
shall open on signal if at least two hours notice is given.

[CGD7-87-60, 53 FR 3206, Feb. 4, 1988]


[[Page 587]]



                                 Georgia



Sec. 117.351  Altamaha River.

    (a) The draws of all bridges, except the Seaboard System 
Railroadbridge, mile 59.4 at Doctortown, shall open on signal if at 
least 24hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 59.4 
atDoctortown, shall open on signal if at least seven days notice 
isgiven.



Sec. 117.353  Atlantic Intracoastal Waterway, Savannah River to St. Marys River.

    (a) General. Public vessels of the United States and tugswith tows 
must, upon proper signal, be passed through the drawspan ofeach 
drawbridge in this section at anytime.
    (b) Causton Bluff, SR 26, mile 579.9 near Causton Bluff. Thedraw 
shall open on signal, except that from 6:30 a.m. to 9 a.m. and4:30 p.m. 
to 6:30 p.m. Monday through Friday, except Federal holidaysthe 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. Thedraw 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 Federalholidays. The draw 
shall open at any time for Public vessels of theUnited States, tugs with 
tows, and vessels in distress. At all othertimes, the draw will open on 
signal.

[CGD7 84-29, 50 FR 51249, Dec. 16, 1985, as amended byCGD7-87-12, 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 underAlabama.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.361  Flint River.

    The draws of the CSX Transportation Railroad bridges, miles 28.0and 
28.7, both at Bainbridge, shall open on signal if at least 15 daysnotice 
is given.



Sec. 117.363  Ocmulgee River.

    The draws of each bridge shall open on signal if at least 24 
hoursnotice is given.



Sec. 117.365  Oconee River.

    The draw of the SR46 bridge, mile 44.3 near Soperton, shall openon 
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 
atRichmond Hill, shall open on signal if at least 15 days notice 
isgiven.
    (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 
atWoodbine, shall open on signal if at least 24 hours notice is given.



Sec. 117.371  Savannah River.

    (a) The draw of the Houlihan bridge (US 17) mile 21.6 at 
Savannahshall open on signal if at least three hours advance notice is 
givento the Georgia Department of Transportation Area Engineer in 
Savannah.
    (b) The draw of the Seaboard System Railroad bridge, mile 27.4near 
Hardeeville, South Carolina shall open on a signal if at leastthree 
hours advance notice is given. VHF radiotelephone communicationswill be 
maintained at the railroad's chief dispatcher's office inSavannah.
    (c) The draw of the CSX Transportation railroad bridge, mile 
60.9,near Clyo, Georgia, shall open on signal if at least 48 hours 
advancenotice is given. Openings can be arranged by contacting 
CSXTransportation on Channel 16 VHF or by telephone at 1 800232-0146. 
VHF radiotelephone communications will be maintainedat the dispatcher's 
office in Savannah, Georgia.

[[Page 588]]

    (d) The draw of the Seaboard System Railroad bridge, mile195.4 near 
Augusta, shall open on signal if at least three hoursnotice is given.

[CGD7-84-21, 49 FR 43955, Nov. 1, 1984, asamended 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 atLewiston, 
shall open on signal if at least three hours notice is givento the Camas 
Prairie Railroad in Lewiston.

[CGD 82--025, 49 FR 17452, Apr. 24, 1984, asamended 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, 
mile111.3 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 atthese 
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 
StateDepartment of Transportation.
    (1) Monday through Thursday of every week, except holidays, thedraw 
shall open if at least two hours notice is given.
    (2) Friday through Sunday of every week, except holidays, the 
drawshall 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 
vesselsengaged 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 
and1.36 at Chicago, operate as follows:
    (a) The draws shall open on signal; except that, if either one ofthe 
bridges is inoperable because of equipment breakdown, the otherbridge 
need not be opened.
    (b) In addition to the signals prescribed inSec. 117.15, the 
following special visual signals shall beused on the bridges:
    (1) When the draw cannot be opened immediately, or is open andmust 
be closed promptly, two red lights are flashed alternately.
    (2) When the draw can be opened immediately, two amber lights 
areflashed alternately.
    (3) When the draw is open for passage, two green lights areflashed 
alternately.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 
theMain Branch of Chicago River, the bridges on the North Branch 
ofChicago River from the Main Branch to North Halsted Street, mile 
2.65,and bridges on the South Branch of Chicago River from the Main 
Branchto South Ashland Avenue, mile 4.47, shall operate as follows:
    (a) For commercial vessels, all bridges shall open on signal if 
atleast 12-hours advance notice is provided to the Chicago City 
BridgeDesk prior to the intended time of passage; except that, from 
Mondaythrough Friday between the hours of 7 a.m. and 9:30 a.m., and 
betweenthe hours of 4 p.m. and 6:30 p.m., except for Federal holidays, 
thedraws need not open for the passage of vessels.
    (b) For recreational vessels:

[[Page 589]]

    (1) From April 1 through November 30--
    (i) The draws shall be scheduled to open, before 1 p.m., twice 
onSaturdays and twice on Sundays if requests for passage have 
beenreceived at least 20 hours in advance. If the bridges have 
beenauthorized to remain closed for portions of a Saturday or Sunday 
toaccommodate 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 inadvance 
of a vessel's requested time of passage.
    (iii) The draws shall open on Wednesdays at 10 a.m., or as 
soonthereafter as practical, if a request for passage has been given 
atleast 20 hours in advance.
    (iv) The draws shall open at times in addition to those listed 
inparagraphs (b)(1)(i) through (b)(1)(iii) of this section, after 
noticehas been given at least 20 hours in advance requesting passage for 
aflotilla of at least five vessels. However, the bridges need not 
openMonday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to 
6:30p.m., except for Federal holidays.
    (2) From December 1 through March 31, the draws shall open onsignal 
if at least 48 hours notice is given. However, the bridges neednot open 
Monday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to6:30 p.m., 
except for Federal holidays.
    (c) The following bridges need not be opened for the passage 
ofvessels: The draws of South Damen Avenue, mile 6.14, over South 
Branchof Chicago River; all highway drawbridges between South 
WesternAvenue, mile 6.7, and Willow Springs Road, mile 19.4, over 
ChicagoSanitary and Ship Canal; North Halsted Street, mile 2.85, and 
DivisionStreet, mile 2.99, over North Branch Canal of Chicago River; 
andDivision 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 
ChicagoRiver.

[CGD09-95-023, 60 FR 52311, Oct. 6, 1995, asamended by CGD09-01-148, 67 
FR 31729, May 10, 2002]



Sec. 117.393  Illinois Waterway.

    (a) The draw of the automated Burlington Northern Santa Ferailroad 
bridge, mile 88.8 at Beardstown, Illinois, operates asfollows:
    (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 
openposition, contact shall be established by radiotelephone with 
theremote operator to assure that the draw remains open until passage 
iscomplete.
    (3) When a vessel is approaching and the draw is in the 
closedposition, contact shall be established by radiotelephone with 
theremote operator. If the draw cannot be opened immediately, 
alternateflashing red lights are displayed. If the draw can be 
openedimmediately, flashing amber lights are displayed.
    (4) When a train approaches the bridge and the draw is in the 
openposition, the operator shall activate alternate flashing red lights 
ontop of the draw, sound four short blasts, and scan the river on 
radarto determine whether any vessel is approaching the bridge. The 
remoteoperator shall also broadcast that the draw is closing. If a 
vessel orvessels are approaching the bridge within one mile, as 
determined byradar scanning, response to radio broadcast, or electronic 
detector,the flashing red lights shall be changed to flashing amber and 
theoperator shall keep the draw in the fully open position until 
thevessel or vessels have cleared the bridge. If no vessel is 
approachingthe bridge or is beneath the draw, the draw may be lowered 
and lockedin place.
    (5) After the train has cleared the bridge, the draw shall beraised 
to its full height and locked in place, the red flashing lightsstopped, 
and the draw lights changed from red to green.
    (b) The draw of the Chessie Railroad Bridge, mile 254.1, atSeneca, 
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 
fullyopen.

[[Page 590]]

    (2) When a train approaches the bridge and the draw is in theopen 
position, the train will stop, train operator shall walk out onthe 
bridge and scan the river for approaching vessels.
    (3) If a vessel is approaching the bridge, the draw will remainopen. 
The vessel shall contact the train operator on VHF-FMchannel 16 and the 
train operator shall keep the draw in the fullyopen position until the 
vessel has cleared the bridge.
    (4) If no vessels are observed, the train operator initiates afive 
minute warning period on VHF-FM radio channel 16 beforeclosing the 
bridge. The train operator will broadcast the followingmessage: ``The 
Chessie Railroad Bridge at Mile 254.1, IllinoisRiver, will close to 
navigation in five minutes.'' Theannouncement is repeated every minute 
counting down the time remaininguntil closure.
    (5) At the end of the five minute warning period, and if novessels 
are approaching the bridge, the train operator shall sound thesiren for 
10 seconds, activate the alternate flashing red lights ontop of the 
draw, then lower and lock the draw in place. Red lightsshall continue to 
flash to indicate the draw is closed to navigation.
    (6) After the train has cleared the bridge, the draw shall beraised 
to its full height and locked in place, the red flashing lightsstopped, 
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 openfrom 7:30 a.m. to 
8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Mondaythrough Saturday.
    (d) The drawspan of the Elgin, Joliet and Eastern Railway 
bridge,mile 290.1 at Lockport, Illinois, is operated by remote 
operatorlocated at the Elgin, Joliet & Eastern offices in East 
Joliet,Illinois as follows:
    (1) The drawspan is normally maintained in the fully open 
tonavigation position displaying green center span navigation lights 
toindicate 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 scanningthe 
river, one mile upstream and one mile downstream;
    (iii) Infrared boat detectors under the drawspan, to allow theremote 
bridge operator to detect vessels under the drawspan;
    (iv) Electronic motion detectors under the drawspan to allow 
theremote 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 
marineradio watch for mariners to establish contact as they approach 
thebridge to ensure that the drawspan is open or that it remains 
openuntil passage of river traffic is complete.
    (4) When rail traffic approaches the bridge, and the drawspan isin 
the open position, the remote bridge operator initiates a oneminute 
warning period before closing the drawspan. During this warningperiod, 
the remote operator shall broadcast at least twice, via marineradio, 
that: ``The drawspan of the EJ&E Railroad bridgewill be lowered in one 
minute.'' A siren on the bridge soundsfor 20 seconds, to warn anyone on 
or under the bridge that thedrawspan will be lowered.
    (5) If a vessel is approaching the bridge upbound or, departingthe 
Lockport Lock and Dam at mile 291.1, downbound, with intentions 
ofpassing through the drawspan, they shall respond to the remote 
bridgeoperators' marine radio broadcast, or initiate radio 
contact,indicating their proximity to the bridge and requesting an 
opening ofthe drawspan or that the drawspan remain open until the vessel 
passes.If any approaching vessel is detected or if a radiotelephone 
responseis received, the remote operator shall not close the drawspan 
untilthe vessel or vessels have cleared the bridge.
    (6) At the end of the one minute warning period, if no rivertraffic 
is approaching or under the drawspan, the

[[Page 591]]

remote bridgeoperator may begin lowering the drawspan. Navigation lights 
located atthe center of the drawspan change from green to red when the 
drawspanis not in the fully open to navigation position. The drawspan 
takesapproximately 90 seconds to lower.
    (7) If the presence of a vessel or other obstruction is 
discoveredapproaching or under the drawspan, during the lowering 
sequence,before the drawspan is fully lowered and locked, the drawspan 
shall bestopped and raised to the fully open position. When the vessel 
orobstruction has cleared the drawspan, the remote operator shallconfirm 
that the channel is clear and reinitiate the one minutewarning cycle 
before lowering the drawspan.
    (8) If no marine traffic is present the drawspan may be loweredand 
seated. When the drawspan is lowered and locked in the closed 
tonavigation position, the remote bridge operator 
periodicallybroadcasts, via marine radio, that: ``The drawspan of 
theEJ&E Railroad bridge is closed to navigation.''
    (9) Failure of the radar system, radio telephone system, 
infraredboat detectors or electronic motion sensors shall prevent 
lowering thedrawspan from the remote location.
    (10) when rail traffic has cleared the bridge, the remote 
bridgeoperator shall raise the drawspan to the fully open to 
navigationposition. When the drawspan is raised and in the fully open 
tonavigation position, the remote bridge operator broadcasts, at 
leasttwice, via marine radio, that: ``The drawspan of the EJ&ERailroad 
bridge is open to navigation.'' The center drawspannavigation lights 
change from red to green when the drawspan is fullyopen to navigation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD02 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]



Sec. 117.397  Wabash River.

    The draws of each bridge across the Wabash River shall open onsignal 
if at least 72 hours notice is given.

                                 Indiana



Sec. 117.401  Trail Creek.

    (a) The draw of the Franklin Street bridge, mile 0.5 at 
MichiganCity, shall be operated as follows:
    (1) From March 16 through November 30, the draw shall open onsignal; 
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 minutesafter the quarter-
hour and three-quarter hour.
    (2) From December 1 through March 15, the draw shall open onsignal 
if at least 12-hours advance notice is provided prior tointended 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, thebridge 
shall open on signal if at least 12-hours advance notice isprovided 
prior to intended time of passage.
    (c) Public vessels of the United States, state or local vesselsused 
for public safety, vessels in distress, and vessels seekingshelter from 
severe weather shall be passed through the draws of eachbridge as soon 
as possible.

[CGD09-01-001, 66 FR 27867, May 21, 2001]



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 
onsignal; except during the winter season between the date of closureand 
the date of opening of the commercial navigation season aspublished by 
the Army Corps of Engineers, the draws need not open

[[Page 592]]

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 8.3at 
Spottsville, shall open on signal when there is 40 feet or less 
ofvertical clearance beneath the draw. When vertical clearance is 
morethan 40 feet, at least four hours notice shall be given. The 
ownersof, or agencies controlling, the bridge shall arrange for 
readytelephone communication with the authorized representative at any 
timefrom the bridge or its immediate vicinity.
    (b) The draw of the CSX Transportation Railroad bridge, Mile 79.6at 
Small-house, is normally maintained in the fully open position anda 
vessel may pass through the draw without further signals. When thedraw 
is in the closed position, it shall open on signal when there is40 feet 
or less of vertical clearance. When the vertical clearance ismore than 
40 feet, at least four hours notice shall be given. Duringthis period, 
if the drawtender is informed at the time the vesselpasses through the 
draw that the vessel will return within four hours,the drawtender shall 
remain on duty until the vessel returns but isnot required to remain for 
longer than four hours. The owners of, oragencies controlling, the 
bridge shall arrange for ready telephonecommunication with the 
authorized representative at any time from thebridge or its immediate 
vicinity.
    (c) The bascule span of the Paducah and Louisville RailroadBridge, 
Mile 94.8 at Rockport, is maintained in the closed positionand is 
remotely operated. Bridge clearance in the closed position in41.3 feet 
at pool stage. Vessels requiring more clearance for passagemust contact 
the remote bridge operator by radio telephone to requestopening. The 
bridge operator will confirm by radiotelephone whetherthe bridge can be 
opened safely and promptly. If rail traffic is on orapproaching the 
bridge, the bridge operator will advise the vesselthat the bridge cannot 
be opened, and provide an approximate time whenthe bridge can be opened 
safely. Continuous radio contact between thebridge operator and the 
vessel shall be maintained until the vesselhas transited and cleared the 
bridge.

[CGD2 88-01, 53 FR 23621, June 23, 1988, as amended byCGD2-91-04, 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 atNew 
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 
onsignal 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 ifat least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, as amended by CGD08-84-04, 49 FR 48924, Dec. 
17, 1984. Redesignated byCGD8-88-05, 53 FR 27681, July 22, 1988]



Sec. 117.423  Atchafalaya River.

    The draw of the Kansas City Southern Railway bridge, mile 133.1(mile 
5.0 on N.O.S. Chart) above the mouth of the waterway, atSimmesport, 
shall open on signal if at least three hours advancenotice 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 
BelleRiver, shall open on signal; except that, from 10 p.m. to 6 a.m., 
thedraw shall open on signal if at least four hours notice is 
given.During the advance notice period, the draw shall open on less 
thanfour hours notice for an emergency and shall open on demand should 
atemporary surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]

[[Page 593]]



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 
ifat least 24 hours notice is given. The draw of the US90 bridge, 
mile7.0 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 openon 
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 
onsignal; except that, from 9 p.m. to 5 a.m., the draw shall open 
onsignal 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 open 
onsignal, except that from 6 p.m. to 6 a.m., the draw shall open 
onsignal if at least two hours notice is given. On Monday throughFriday, 
except Federal holidays, the draw need not open for thepassage of 
vessels from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45p.m.

[USCG-2007-0070, 73 FR 12891, Mar. 11, 2008]



Sec. 117.434  Caddo Lake.

    The draw of the Kansas City Southern railroad bridge, mile 26.4near 
Mooringsport, shall open on signal if at least 24 hours notice isgiven.

[CGD82-025, 49 FR 17452. Redesignated byCGD08-96-053, 64 FR 8722, Feb. 
23, 1999]



Sec. 117.435  Carlin Bayou.

    The draw of the S14 bridge, mile 6.4 at Delcambre, shall open 
onsignal; except that, from 9 p.m. to 5 a.m. the draw shall open 
onsignal if at least four hours notice is given. The draw shall open 
onless than four hours notice for an emergency and shall open on 
demandshould 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 LakeCatherine, 
shall open on signal; except that, from 5:30 a.m. to 7:30a.m., Monday 
through Friday except Federal holidays, the draw needopen 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 
nearPort Vincent, shall be removed for the passage of vessels if at 
least48 hours notice is given.



Sec. 117.438  Company Canal.

    (a) The draw of the S1 bridge, mile 0.4 at Lockport, shall open 
onsignal; except that, from 6 p.m. to 10 a.m. the draw shall open 
onsignal if at least four hours notice is given. During the 
advancenotice period, the draw shall open on less than four hours notice 
foran emergency and shall open on demand should a temporary surge 
inwaterway traffic occur.
    (b) The draw of the S24 bridge, mile 8.1 at Bourg, shall open 
onsignal; except that, from 10 p.m. to 6 a.m. the draw shall open 
onsignal if at least four hours notice is given. During the 
advancenotice period, the draw shall open on less than four hours notice 
foran emergency and shall open on demand should a temporary surge 
inwaterway 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, 
shallopen 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 3p.m. At all other times the draw shall open on signal if at least 
4hours notice is given.

[CGD08-93-028, 59 FR 14757, Mar. 30, 1994]

[[Page 594]]



Sec. 117.441  D'Inde Bayou.

    The draw of the Union Pacific railroad bridge, mile 4.3, shallopen 
on signal if at least 72 hours notice is given to the DefensePlant 
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 
drawshall 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 drawneed 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 signalat 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, shallopen 
on signal from 5 a.m. to 9 p.m. From October 1 through January 31from 9 
p.m. to 5 a.m., the draw shall be opened on signal if at leastthree 
hours notice is given. From February 1 through September 30 from9 p.m. 
to 5 a.m., the draw shall open on signal if at least 12 hoursnotice is 
given.



Sec. 117.447  Grand Cabahanosse Bayou.

    The draw of the S70 bridge, mile 7.6 near Paincourtville, shallopen 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 
atGrosse Tete, need not be opened for the passage of vessels.
    (b) The removable span of the S377 bridge, mile 15.3 nearRosedale, 
shall be removed for the passage of vessels if at least 48hours 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 
Fridayexcept holidays, the draw need not be opened for the passage 
ofvessels.
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile3.8 
at Belle Chasse, shall open on signal; except that, from 6 a.m. to8:30 
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday,except 
Federal holidays, the draw need not be opened for the passageof vessels.
    (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 westof 
Harvey Lock, at Houma, shall open on signal; except that, the drawneed 
not open for the passage of vessels Monday through Friday exceptFederal 
holidays from 6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15p.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 
GulfIntracoastal 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 
ofHarvey Canal Locks, shall open on signal when more than 50 
feetvertical clearance is required, if at least four hours notice is 
givento the Louisiana Department of Highways, District 
MaintenanceEngineer, at Lake Charles.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citationsaffecting Sec. 
117.451, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 117.453  Houma Canal.

    The draw of the S3197 bridge, mile 1.7 at Houma, shall open onsignal 
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 
thepassage of vessels Monday through Friday except

[[Page 595]]

Federal holidaysfrom 6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15 
p.m., from 12:45p.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 5.2near 
Lake Charles, shall open on signal if at least 24 hours notice isgiven.



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/ClaiborneAvenue) 
bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and theFlorida 
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. andfrom 3:30 p.m. to 
5:45 p.m., Monday through Friday, except federalholidays, the draws need 
not open for the passage of vessels. Thedraws shall open at any time for 
a vessel in distress.
    (b) The draw of the US90 (Danziger) bridge, mile 3.1, shall openon 
signal; except that, from 8 p.m. to 7 a.m. the draw shall open onsignal 
if at least four hours notice is given, and the draw need notbe opened 
from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Mondaythrough Friday.
    (c) The draw of the Leon C. Simon Blvd. (Seabrook) bridge, mile4.6, 
shall open on signal; except that, from 7 a.m. to 8:30 a.m. and 5p.m. to 
6:30 p.m. Monday through Friday, the draw need not be opened.

[CGD8-89-05, 54 FR 36305, Sept. 1, 1989, asamended 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 
asfollows:
    (a) From May 20, through October 31, the draw shall open on 
signalfrom 7 a.m. to 7 p.m. From 7 p.m. to 7 a.m., the draw shall open 
onsignal if at least four hours notice is given.
    (b) From November 1 through December 22, the draw shall open 
onsignal from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the draw shallopen 
on signal if at least four hours notice is given.
    (c) From December 23 through May 19, the draw shall open on signalif 
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 
atleast four hours advance notice is given; except that, the draw 
neednot be opened for the passage of vessels Monday through Friday 
exceptholidays 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 
Pacificrailroad bridge, mile 20.4, both near Hayes, shall open on signal 
ifat 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 
onsignal 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 forthe 
passage of vessels Monday through Friday except Federal holidaysfrom 7 
a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to5:30 
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, atGalliano
    (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 drawshall open 
on signal if at least four hours advance notification is

[[Page 596]]

given. During the advance notification period, the draw shallopen on 
less than four hours notice for an emergency and shall open ondemand 
should a temporary surge in water traffic occur.
    (c) The draws of the S3220 bridge, mile 49.2 near Lockport, andthe 
S655 bridge, mile 50.8 at Lockport, shall open on signal; exceptthat, 
from 6 p.m. to 10 a.m. the draws shall open on signal if atleast four 
hours notice is given. During the advance notice period,the draws shall 
open on less than four hours notice for an emergencyand shall open on 
demand should a temporary surge in waterway trafficoccur.
    (d) The draw of the State Route LA 654 bridge, mile 53.2 atClotilda, 
shall open on signal if at least four hours notice is given.During the 
advance notice period, the draw shall open on less thanfour hours notice 
for an emergency and shall open on demand should atemporary surge in 
waterway traffic occur.
    (e) The draws of the S3199 bridge, mile 58.2, and the 
LafourcheParish bridge, mile 58.7, both at Raceland, shall open on 
signal if atleast six hours notice is given.
    (f) The draw of the S649 bridge, mile 66.6, shall open on signalif 
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 
BurlingtonNorthern Santa Fe railroad bridge need not be opened for the 
passageof vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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 openon 
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 
forimmediate operation until the emergency is over.
    (b) The draw of the Greater New Orleans Expressway 
CommissionCauseway shall open on signal if at least three hours notice 
is given;except that, the draw need not be opened for the passage of 
vesselsMonday through Friday except Federal holidays from 5:30 a.m. to 
9:30a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for 
anyvessel in distress or vessel waiting immediately following 
theclosures listed above.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD8-90-02, 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 
onsignal, except that between 7 p.m. to 7 a.m., the draw shall open 
onsignal if at least two hours notice is given.

[USCG-2007-0078, 73 FR 12886, Mar. 11, 2008]



Sec. 117.471  Little Black Bayou.

    The draw of the Southern Pacific railroad bridge, mile 1.3 
atSouthdown, need not be opened for the passage of vessels.



Sec. 117.473  Little River.

    The draw of the Louisiana and Arkansas railroad bridge, mile 12.1at 
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 
theTerrebonne Parish (Smithridge) bridge, mile 26.6 near Montegut, 
shallopen on signal; except that, from 9 p.m. to 5 a.m., the draws 
shallopen on signal if at least 12 hours notice is given.
    (b) The draws of the Terrebonne Parish (DuPlantis) bridge, mile29.9 
near Bourg, and the S24 bridge, mile 33.7 at Presquille, shallopen on 
signal if at least four hours notice is given. The draws shallopen on 
less than four hours notice for an emergency, and shall openon signal 
should a temporary surge in waterway traffic occur.

[CGD8-86-02, 51 FR 31113, Sept. 2, 1986]



Sec. 117.477  Lower Atchafalaya River.

    The draw of the St. Mary Parish bridge, mile 26.8 at Patterson,shall

[[Page 597]]

open on signal from 5 a.m. to 9 p.m. From October 1 throughJanuary 31 
from 9 p.m. to 5 a.m., the draw shall open on signal if atleast three 
hours notice is given. From February 1 through September30 from 9 p.m. 
to 5 a.m., the draw shall open on signal if at least 12hours 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) 
atBayou Sorrel, shall open on signal; except that, from about August 
15to about June 5 (the school year), the draw need not be opened from 
6a.m. to 7:30 a.m. and from 3 p.m. to 4:30 p.m., Monday through 
Fridayexcept holidays. The draw shall open on signal at any time for 
anemergency aboard a vessel.
    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) 
atGrosse Tete, shall open on signal; except that, from about August 15to 
about June 5 (the school year), the draw need not be opened from 6a.m. 
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Fridayexcept 
Federal holidays. The draw shall open on signal at any time foran 
emergency aboard a vessel.
    (c) The draw of the S997 bridge, mile 41.5 (Landside Route) 
atPigeon, shall open on signal; except that, from 10 p.m. to 6 a.m., 
thedraw shall open on signal if at least four hours notice is 
given.During the advanced notice period, the draw shall open on less 
thanfour hours notice for an emergency and shall open on demand should 
atemporary surge in waterway traffic occur.

[CGD8-92-16, 57 FR 57962, Dec. 8, 1992, asamended 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 
onsignal 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 openon 
signal; except that, from 6 p.m. to 6 a.m. the draw shall open onsignal 
if at least 4 hours notice is given. During the advance noticeperiod, 
the draw will open on less than 4 hours notice for anemergency and will 
open on demand should a temporary surge in waterwaytraffic occur.

[CGD8-94-027, 60 FR 14221, Mar. 16, 1995]



Sec. 117.481  Milhomme Bayou

    The draw of the Stephensville Bridge, mile 12.2 (Landside Route)at 
Stephensville shall open on signal if at least one hour of advancenotice 
is given. During the advance notice period, the draw shall openon less 
than one hour notice for an emergency, and shall open ondemand should a 
temporary surge in waterway traffic occur.

[73 FR 43, Jan. 2, 2008]



Sec. 117.482  Nezpique Bayou.

    The draw of the S97 bridge, mile 7.0 near Jennings, shall open 
onsignal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated byCGD8-86-04, 51 
FR 36224, Oct. 9, 1986]



Sec. 117.483  Ouachita River.

    The draw of the S8 Bridge, mile 57.5, at Harrisonburg, shall openon 
signal if at least one hour notice is given.

[CGD08-07-020, 72 FR 59014, Oct. 18, 2007]



Sec. 117.484  Pass Manchac.

    The draw of the Canadian National/Illinois Central Railroadautomated 
bridge, mile 6.7, at Manchac, operates as follows:
    (a) The draw is not constantly manned and the bridge will normallybe 
maintained in the open position, providing 56 feet verticalclearance 
above mean high tide to the raised tip of the bascule spanfor one-half 
the channel, and unlimited vertical clearance for theother half.
    (b) Railroad track circuits will detect an approaching train 
andinitiate bridge closing warning broadcasts over marine radio and 
overthe Public Address (PA) system six (6) minutes in advance of 
thetrain's arrival. Navigation channel warning lights will be lit, 
andphotoelectric (infrared) boat detectors will monitor the 
waterwaybeneath the bridge for the presence of vessels. The 
waterwayapproaches to the bridge will

[[Page 598]]

be monitored by closed circuit TV(CCTV) cameras.
    (c) Activation of the warning broadcasts also activates a 
marineradio monitor in the Mays Yard (New Orleans switch yard). 
Theyardmaster will continuously monitor marine radio broadcasts on 
thenormal and emergency marine radio channels throughout the 
warningperiod and at all times the bridge is closed. The yardmaster 
willcommunicate with waterway users via the marine radio, if necessary.
    (d) At the end of warning period, if no vessels have been detectedby 
the boat detectors, and no interruptions have been performed by 
theyardmaster 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 
andclosing sequences. (Estimated duration that the bridge will 
remainclosed for passage of rail traffic is 10 to 12 minutes.) The 
bridgewill also be manually operable from two locked trackside 
controllocations (key releases) on the approach spans, one on each side 
ofthe movable span.
    (f) The yardmaster will be provided with a remote EMERGENCY 
STOPbutton which, if pressed, will stop the bridge operation, 
interruptthe lowering sequence, and immediately return the bridge to the 
openposition. The yardmaster will utilize this control feature in 
theevent a vessel operator issues an urgent radio call to keep 
thewaterway open for immediate passage of the vessel.

[CGD08-93-023, 59 FR 14755, Mar. 30, 1994; 59 FR23158, May 5, 1994, as 
amended by USCG-2000-7223, 65 FR40056, June 29, 2000]



Sec. 117.485  Patout Bayou.

    The draw of the S83 bridge, mile 0.4 near Weeks, shall open onsignal 
if at least four hours notice is given.



Sec. 117.486  Pearl River.

    (a) The draw of the CSX Transportation railroad bridge, mile 1.0near 
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 noticeis given.
    (b) The draw of the US 90 highway bridge, mile 8.8 nearPearlington, 
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, asamended 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 
onsignal; except that, from 10 p.m. to 6 a.m., the draw shall open 
onsignal if at least four hours notice is given. During the 
advancenotice period, the draw shall open on less than four hours notice 
foran emergency and shall open on demand should a temporary surge 
inwaterway 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 IndianVillage, 
shall open on signal if at least four hours notice is given.
    (b) The draws of the Union Pacific railroad bridge, mile 10.5 
atPlaquemine, and the S1 bridge, mile 10.5 at Plaquemine, need not 
beopened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 08-84-01; 49 
FR 28405, July 12, 1984. Redesignatedby 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 
nearMidland, 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 openon 
signal from 5 a.m. to 9 p.m. if at least four hours notice isgiven. From 
9 p.m. to 5 a.m., the draw shall open on signal if atleast 12 hours 
notice is given.

[[Page 599]]



Sec. 117.491  Red River.

    (a) The draw of the Union Pacific Railroad bridge, mile 90.1, 
atAlexandria, shall open on signal if at least eight hours notice 
isgiven.
    (b) The draw of the US 165 (Jackson St.) bridge, mile 88.6, 
atAlexandria, shall open on signal if at least eight hours notice 
isgiven; 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 
234.4shall 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 notbe 
opened for passage of vessels.
    (e) When a vessel which has given notice fails to arrive at thetime 
specified in the notice, the drawtender shall remain on duty forup to 
two additional hours to open the draw if that vessel appears.After that 
time, a new notice of the appropriate length of time isrequired.

[CGD08-94-026, 60 FR 7123, Feb. 7, 1995, asamended 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 
nearEcho shall open on signal if at least 24 hours notice is given.
    (b) The Kansas City Southern railroad bridge, mile 36.2 nearRuliff 
and the draw of the S12 bridge, mile 40.8 at Starks, need notbe 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 
LittlePrairie Ridge, shall open on signal; except that, from 10 p.m. to 
6a.m. the draw shall open on signal if at least four hours notice 
isgiven. The draw shall open on less than four hours notice for 
anemergency and shall open on signal should a temporary surge inwaterway 
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 openon 
signal if at least 8 hours notice is given. Public vessels of theUnited 
States and vessels in distress shall be passed as soon aspossible.

[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 
nearWeeks Island, shall be removed for the passage of vessels if at 
leastsix days notice is given.



Sec. 117.499  Tante Phine Pass.

    The draw of the Tidewater Associated Oil Company bridge, mile 
7.6near Venice, shall open on signal if at least 24 hours notice 
isgiven.



Sec. 117.500  Tchefuncta River.

    The draw of the S22 Bridge, mile 2.5, at Madisonville, shall openon 
signal, from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw needonly 
open on the hour and half hour, except that, from 6 a.m. to 9a.m. and 
from 4 p.m. to 7 p.m. Monday through Friday except Federalholidays, the 
draw need only open on the hour.

[USCG-2007-0079, 73 FR 12888, Mar. 11, 2008]



Sec. 117.501  Teche Bayou.

    (a) The draws of the following bridges shall open on signal if 
atleast 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.

[[Page 600]]

    (12) LSU Agri bridge, mile 46.5 near Jeanerette (noticerequired for 
opening from 7 a.m. to 5 p.m., Monday through Fridayexcept 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, 
andthe S350 bridge, mile 82.0 at Parks, shall open on signal if at 
least24 hours notice is given.
    (c) The draws of the S31 bridge, mile 90.5, at Breaux Bridge, andthe 
Union Pacific railroad bridge, mile 91.0 at Breaux Bridge, shallopen on 
signal if at least 48 hours notice is given.
    (d) The draws of the bridges listed in paragraph (a) of thissection 
shall open on less than four hours notice for an emergencyduring the 
advance notice period, and shall open on signal should atemporary surge 
in waterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 08-83-04, 49 
FR 35936, Sept. 13, 1984; CGD8-85-16, 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 
S128bridge, mile 61.0 at New Light, shall open on signal if at least 
48hours 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 thedraw 
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 atleast 
four hours notice is given.
    (b) The draw of the S3087 bridge, mile 33.9 at Houma, shall openon 
signal; except that, from 5 p.m. to 9 a.m. the draw shall open onsignal 
if at least four hours notice is given.
    (c) The draws of the Howard Avenue bridge, mile 35.0, and 
theDaigleville bridge, mile 35.5, at Houma, shall open on signal; 
exceptthat, the draws need not open for the passage of vessels 
Mondaythrough 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 
atleast four hours notice is given.
    (d) During advance notice periods, the draws of the bridges listedin 
this section shall open on less than four hours notice for anemergency 
and shall open on signal should a temporary surge inwaterway traffic 
occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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 openon 
signal if at least four hours notice is given. The draw shall openon 
less than four hours notice for an emergency and shall open onsignal 
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 
onsignal; except that, from 9 p.m. to 5 a.m. the draw shall open 
onsignal 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 ifat 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.

[[Page 601]]

    (4) S92 bridge, mile 37.6 at Milton.
    (c) The draws of the following bridge shall open on signal if 
atleast 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 
bridgeslisted in this section shall open on less than four hours notice 
foran emergency and shall open on signal should a temporary surge 
inwaterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 08-83-05, 49 
FR 31868, Aug. 9, 1984; CGD8-85-13, 50 FR 40832, Oct. 7, 1985]



Sec. 117.511  West Pearl River.

    (a) The draw of the Norfolk Southern railroad bridge, mile 22.1 
atPearl River Station, shall open on signal if at least six hours 
noticeis given.
    (b) The draw of the US 90 bridge, mile 7.9 near Pearlington, 
shallopen on signal if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD 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 
atPortland, need not be opened for the passage of vessels. The drawshall 
be returned to operable condition within six months afternotification 
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 onsignal from June 1 through October 31; except that, from 5 p.m. 
to 8a.m., the draw shall be opened on signal if notice was given to 
thedrawtender from 8 a.m. to 5 p.m. From November 1 through May 31 
thedraw shall open on signal if at least 24 hours notice is given to 
thedrawtender 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 
andWoolwich shall operate as follows:
    (1) From May 15 through September 30 the draw shall open onsignal; 
except that, from 5 p.m. to 8 a.m., the draw shall open onsignal if a 
two-hour notice is given by calling the number posted atthe 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 
signalafter 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 
callingthe number posted at the bridge.
    (b) The draw of the Route-197 bridge, mile 27.1, between Richmondand 
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 onsignal after 
notice is given to the drawtender while the drawtender ison duty between 
9 a.m. and 5 p.m. From October 1 through May 31, thedraw shall open on 
signal after at least a twenty-four-hour advancenotice is given to the 
Maine Department of Transportation DivisionOffice in Rockland, Maine.

[CGD1-89-077, 55 FR 11182, Mar. 27, 1990 asamended 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 KennebunkRiver, 
between Kennebunk and Kennebunkport, Maine, need not open forvessel 
traffic. The owners of the bridge shall provide and keep ingood legible 
condition, two board gages in accordance with 33 CFR118.160, 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 openon 
signal if at least 24 hours notice is given to the Maine StateHighway 
Commission, Division Office at Ellsworth.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382,Sept. 24, 1984]

[[Page 602]]



Sec. 117.531  Piscataqua River.

    (a) The following requirements apply to all bridges across 
thePiscataqua River:
    (1) Public vessels of the United States, commercial vessels over100 
gross tons, inbound ferry service vessels and inbound commercialfishing 
vessels must be passed through the drawspan of each drawbridgeas soon as 
possible. The opening signal from these vessels is four ormore short 
blasts of a whistle, horn or a radio request.
    (2) The owners of these bridges shall provide and keep in 
goodlegible condition clearance gauges for each draw with figures not 
lessthan 18 inches high designed, installed and maintained according 
tothe provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delayin 
opening the draw shall not exceed five minutes. However, if a 
trainmoving toward the bridge has crossed the home signal for the 
bridgebefore the signal requesting opening of the bridge is given, 
thattrain may continue across the bridge and must clear the 
bridgeinterlocks before stopping.
    (4) Except as provided in paragraphs (b) through (c) of thissection 
the draws shall open on signal.
    (b) The draw of the Memorial (US 1) bridge, mile 3.5, shall openon 
signal; except that from 15 May through 31 October, from 7 a.m. to7 
p.m., the draw need be opened only on the hour and half hour 
forrecreational vessels and commercial vessels less than 100 gross 
tonsexcept as provided in (a)(1).
    (c) The draw of the Sarah M. Long (Route 1 Bypass) bridge, mile4.0, 
shall open as follows:
    (1) The main ship channel draw shall open on signal; except thatfrom 
15 May through 31 October, from 7 a.m. to 7 p.m., the draw needbe opened 
only at quarter of and quarter after the hour forrecreational vessels 
and commercial vessels less than 100 gross tonsexcept as provided in 
(a)(1).
    (2) The secondary recreation draw shall be left in the fully 
openposition from 15 May through 31 October except for the crossing of 
atrain in accordance with (a)(3) above.

[CGD1-89-111, 55 FR 13275, Apr. 10, 1990, asamended 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, 
betweenWiscasset and North Edgecombe, Maine, need not be opened for 
thepassage of vessels. The draw of the Maine Central Railroad 
Bridgeshall be returned to operable condition within six months 
afternotification 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, acrossTownsend 
Gut between Boothbay Harbor and Southport, Maine shall openon signal; 
except that, from April 29 through September 30, between 6a.m. and 6 
p.m., the draw shall open on signal on the hour and halfhour only, after 
an opening request is given.

[CGD01-06-019, 71 FR 47098, Aug. 16, 2006]

                                Maryland



Sec. 117.541  Baltimore Harbor--Patapsco River.

    (a) The draw of the Hanover Street S2 bridge, mile 12.0 across 
theMiddle Branch of the Patapsco River at Baltimore, shall open on 
signalfrom 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. 
to6 p.m.; however, fire boats, police boats, and other vessels engagedin 
emergency operations shall be passed immediately during thisperiod. 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 atthe bridge before 9 
p.m. or at the superintendent's residence after 9p.m. If the notice is 
given from 5 a.m. to 9 p.m. or if at least onehalf hour has elapsed 
since the notice was given, the draw shall openpromptly at the time 
requested.
    (b) The draw of the Western Maryland railroad bridge, mile 
12.5across the Middle Branch of the Patapsco

[[Page 603]]

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, thedraw shall open if at least six hours notice is given. 
Marinefirefighting equipment and pollution control vessels shall be 
passedas soon as possible but in no event more than 15 minutes after 
noticeis given.



Sec. 117.543  Bear Creek.

    (a) The draws of the Baltimore County Revenue Authority 
(DundalkAvenue) highway toll bridge, mile 1.5, and the Peninsula 
Parkwaybridge, mile 2.1, both between Dundalk and Sparrows Point, shall 
openon signal; except that, from April 16 through November 15 from 
12midnight to 8 a.m. except Saturdays, Sundays, and Federal and 
Stateholidays, at least one half hour notice is required.
    (b) The draw of the Baltimore County highway bridge, mile 3.4 atWise 
Avenue between Dundalk and Sparrows Point, shall open on signalif at 
least four hours notice is given.



Sec. 117.547  Bush River.

    The draw of the Amtrak bridge, mile 6.8 at Perryman, operates 
asfollows:
    (a) When notice under paragraph (b) of this section is given, 
thedraw shall open twice a day--
    (1) From May 1 through September 30, on each Saturday, Sunday, 
andFederal 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 
AmtrakAssistant Transportation Superintendent at 301-291-4278by an 
authorized representative of the Bush River Yacht Club by noonon the 
Friday just preceding the day of opening or, if that Friday isa Federal 
holiday, by noon on the preceding Thursday.
    (c) Amtrak determines the times for openings and shall schedulethe 
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 
thetimes of all openings for the weekend (or extended weekend) 
inquestion by 6 p.m. on the Friday just preceding the weekend or, ifthat 
Friday is a Federal holiday, by 6 p.m. on the preceding Thursday.
    (e) Each opening shall be of sufficient duration to pass 
waitingvessels.

[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 
onsignal 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 
notbe 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 openon 
signal from April 1 though September 30 from 6 a.m. to 6 p.m. Atall 
other times, the draw shall open on signal if at least six hoursnotice 
is given.



Sec. 117.553  Choptank River.

    (a) The draw of the Maryland 331 bridge, mile 35.3, at Dover,shall 
open on signal from 6 a.m. to 6 p.m., year-round, and the drawshall 
remain closed from 6 p.m. to 6 a.m., year-round, unless 24 hoursadvance 
notice is given by calling (301) 820-8592 or (301)745-2096.
    (b) The draw of the Conrail bridge, mile 50.9 at Denton, shallopen 
on signal from May 30 through September 30 from sunrise to sunsetand at 
all other times if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD5-90-059, 55 FR 
35622, Aug. 31, 1990]



Sec. 117.555  College Creek.

    The draws of the Naval Academy highway bridge, mile 0.3 atAnnapolis, 
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 
onsignal if at least a one-hour notice is given to the 
MarylandTransportation Authority in Baltimore.

[[Page 604]]



Sec. 117.559  Isle of Wight Bay.

    The draw of the US50 bridge, mile 0.5, at Ocean City, shall openon 
signal; except that, from October 1 through April 30 from 6 p.m. to6 
a.m., the draw shall open if at least three hours notice is givenand 
from May 25 through September 15 from 9:25 a.m. to 9:55 p.m. thedraw 
shall open at 25 minutes after and 55 minutes after the hour fora 
maximum of five minutes to let accumulated vessels pass, exceptthat, on 
Saturdays from 1 p.m. to 5 p.m., the draw shall open on thehour for all 
waiting vessels and shall remain in the open positionuntil 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 
IslandNarrows, operates as follows:
    (a) From November 1 through April 30, the draw shall open onsignal 
from 6 a.m. to 6 p.m. but need not be opened from 6 p.m. to 6a.m.
    (b) From May 1 through October 31, the draw shall open on signalon 
the hour and half-hour from 6 a.m. to 9 p.m., but need not beopened from 
9 p.m. to 6 a.m.
    (c) The draw shall open on signal for public vessels of the 
UnitedStates, state and local government vessels used for public 
safetypurposes, and vessels in distress. Operational information will 
beavailable 24 hours a day by calling1-800-543-2515.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD5-87-055, 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 beopened 
for the passage of vessels. The operating machinery shall bemaintained 
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, 24hours a day, and from April 1 through October 31, from 6 p.m. to 
6a.m., a six-hour advance notice to the drawtender is required forbridge 
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 onsignal; 
except that, from 6 p.m. to 6 a.m., the draw shall open onsignal if 
notice is given to the Toll Captain at the AdministrationBuilding 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 drawmust 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 
drawmust open only if at least five hours advance notice is given.
    (c) The draw of the S12 bridge, mile 29.9, at Snow Hill, shallopen 
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 
atGeorgetown, Maryland, shall open on signal; except that from November1 
through March 31, from midnight to 8 a.m., the draw need only openif 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, exceptFederal 
and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. andfrom 
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.

[[Page 605]]

    (2) The draw shall open on the hour and the half-hour, from9:00 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, 
exceptFederal and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. andfrom 
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. 
andfrom 6:00 p.m. to 7:30 a.m.
    (c) On Saturdays, Sundays, and holidays year-round, the draw 
shallopen on the hour and half-hour for vessels waiting to pass. Except 
onJuly 4th of every year from 8:30 p.m. to 11 p.m., the draw need 
notopen for vessels, and in the event of inclement weather, the 
alternatedate is July 5th.
    (d) The drawspan must always open on signal for public vessels ofthe 
United States.

[CGD5-90-002, 55 FR 4604, Feb. 9, 1990, asamended 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 
Rivierashall 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 needbe opened 
only at 7:30 a.m. and 5 p.m. if any vessels are waiting topass.
    (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 
aspossible.

[CGD5-92-012, 57 FR 14643, Apr. 22, 1992, asamended 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, 
shallopen 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, shallopen 
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 fivehours notice 
is given.



Sec. 117.579  Wicomico River (North Prong).

    The draws of the Main Street and U.S. 50 bridges, mile 
22.4,Salisbury, Maryland shall open on signal if at least four hours 
noticeis given by calling the telephone contact number at (410)430-7461.

[CGD05-07-025, 72 FR 42307, Aug. 2, 2007]

                              Massachusetts



Sec. 117.585  Acushnet River.

    (a) The drawspan will be opened promptly, provided proper signalis 
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 
draftexceeds 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 flowis 
stopped until the flow resumes, shall not exceed 15 minutes exceptfor 
vessels whose draft exceeds 15 feet or in extraordinarycircumstances.
    (d) From 6 p.m. on December 24 to midnight on December 25 and from6 
p.m. on December 31 to midnight on January 1, the draw shall open 
onsignal if at least a two-hour notice is given by calling the 
numberposted at the bridge.

[CGD 1-84-10R, 49 FR 36841, Sept. 20, 1984, asamended 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. onDecember 24 to 
midnight on December 25, and from 6

[[Page 606]]

p.m. onDecember 31 to midnight on January 1, the draw shall open on 
signal ifat least a two-hour advance notice is given by calling the 
numberposted 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 signal1 
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 hourand 
the half hour between 5 a.m. and 9 a.m. and between 8 p.m. and 9p.m.
    (2) The bridge shall open on signal, once an hour, on the 
hourbetween 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 
mooringfacilities for vessels to make fast while waiting for the bridge 
toopen.
    (d) The owners of this bridge shall provide and keep in goodlegible 
condition, clearance gauges for each draw with figures notless than 
twelve (12) inches high designed, installed and maintainedaccording 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 
asfollows:
    (a) Public vessels of the United States must be passed as soon 
aspossible.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw with figures not lessthan 12 
inches high designed, installed and maintained according tothe 
provisions of Sec. 118.160 of this chapter.
    (c) That the drawspan for the Hall Whitaker Drawbridge must openon 
signal if at least 24 hours notice is given.

[CGD1-91-015, 56 FR 41460, Aug. 21, 1991, asamended 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, 
shalloperate as follows:
    (a) The draw is normally in the fully open position except for 
thepassage of trains or for maintenance. No signal is required if 
thedraw is in the fully open position.
    (b) If the draw is not in the fully open position, the openingsignal 
is one prolonged and one short blast.
    (c) Signals to be sounded from the bridge are--
    (1) Immediately preceding the opening of the draw, one 
prolongedblast;
    (2) Immediately preceding the closing of the draw, two 
prolongedblasts;
    (3) When a vessel has sounded the opening signal and the drawcannot 
be opened immediately, five short blasts in a rapid succession;and
    (4) When the draw is closed and visibility is reduced in 
foggyweather, 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 
theCharles River and it's tributaries:
    (1) Public vessels of the United States, state or local vesselsused 
for public safety, and vessels in distress shall be passedthrough the 
draw of each bridge as soon as possible without delay atany time. The 
opening signal from these vessels is four or more shortblasts of a 
whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in 
goodlegible condition clearance gauges for each draw with figures not 
lessthan 12 inches high designed, installed and maintained according 
tothe provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed ten minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,that train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping.

[[Page 607]]

    (4) Except as provided in paragraph (b) through (f) of thissection, 
the draws shall open on signal.
    (b) The draw of the Charlestown Bridge, mile 0.4 at Boston, neednot 
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; exceptthat 
from 6:15 a.m. to 9:10 a.m. and 4:15 p.m. to 6:30 p.m., Mondaythrough 
Friday, except holidays, the draw need not be opened for thepassage of 
vessels, except as stated in paragraph (a)(1) of thissection.
    (d) The draw of the Massachusetts Bay Transportation Authority(East 
Cambridge Viaduct) railroad Bridge, mile 1.0 at Boston, need notbe 
opened for the passage of vessels. However, the operating machineryof 
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. and3:15 
p.m. to 6:30 p.m., Monday through Friday, except holidays, thedraw need 
not open for the passage of vessels, except as stated inparagraph (a)(1) 
of this section.
    (2) From December 1 to March 31, the draw shall open on signalafter 
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 advancenotice is 
given.
    (f) The draws of the bridges across Broad Canal, mile 0.0, neednot 
open for the passage of vessels. However, the draws shall bereturned to 
operable condition within one year after notification bythe District 
Commander to do so.

[CGD1 91-141, 57 FR 30405, July 9, 1992, as amended byCGD01-02-026, 68 
FR 59116, Oct. 14, 2003]



Sec. 117.593  Chelsea River.

    All drawbridges across the Chelsea River shall open on signal. 
Theopening signal for each drawbridge is two prolonged blasts followed 
bytwo short blasts and one prolonged blast. The acknowledging signal 
isthree prolonged blasts when the draw can be opened immediately and 
istwo prolonged blasts when the draw cannot be opened or is open andmust 
be closed.



Sec. 117.595  Danvers River.

    (a) The requirements in this paragraph apply to all bridges 
acrossthe Danvers River:
    (1) The owners of these bridges shall provide and keep in 
goodlegible condition clearance gauges for each draw with figures not 
lessthan 12 inches high, designed, installed, and maintained according 
tothe provisions of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed ten minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,that train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping.
    (b) The draw of the Massachusetts Bay Transportation 
Authority(MBTA)/AMTRAK Bridge, at mile 0.05, between Salem and Beverly, 
shallopen on signal; except that, from midnight to 5 a.m., daily, and 
onDecember 25 and January 1, the draw shall open as soon as possible,but 
not more than one hour after notice is given to the drawtenderseither at 
the bridge during the time the drawtenders are on duty or bycalling 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 
fromOctober 1 through April 30, 7 p.m. to 5 a.m., draw shall open 
onsignal after at least a one-hour advance notice is given by callingthe 
number posted at the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day and all day onChristmas 
and New Years Day, the draw shall open on signal after atleast a one-
hour advance notice is given by calling the number postedat the bridge.

[CGD01-99-148, 64 FR 46275, Aug. 25, 1999, asamended by CGD01-04-096, 69 
FR 67058, Nov. 16, 2004]

[[Page 608]]



Sec. 117.597  Dorchester Bay.

    The draw of the of the William T. Morrisey Boulevard Bridge, 
mile0.0, 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., Mondaythrough 
Friday, except holidays, the draw need not open for thepassage 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) ofthis 
section. From midnight through 8 a.m. at least an eight-houradvance 
notice is required for bridge openings.
    (c) The draw shall open on signal at all times from June 1 
throughSeptember 30, except as provided in paragraph (a) of this 
section.
    (d) The draw shall open on signal from October 1 through October14, 
8 a.m. through midnight, except as provided in paragraph (a) ofthis 
section. From midnight through 8 a.m. at least an eight-houradvance 
notice is required for bridge openings.
    (e) The draw shall open on signal from October 15 through April15, 
after at least a 24 hours notice is given, except as provided 
inparagraph (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 
(WaterStreet) drawbridge at mile 0.0 at Falmouth, Massachusetts.
    (a) The draw shall open at all times as soon as possible for apublic 
vessels of the United States, State or local vessels used forpublic 
safety, and vessels in distress. The opening signal for thesevessels 
shall be four or more short blast of a whistle, horn, or radiorequest.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw with figures not lessthan 12 
inches high designed, installed and maintained according tothe 
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 5p.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 throughOctober 
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 advancenotice 
is given:
    (i) At all times on Christmas, New Years, Easter and all Sundaysin 
January and February.
    (ii) At all other times not stipulated in paragraphs (c)(1) 
and(c)(2) of this section.

[CGD1 90-024, 55 FR 20263, May 16, 1990]



Sec. 117.599  Fort Point Channel.

    The draw of the Northern Avenue Bridge, mile 0.1, at Boston, 
shalloperate as follows:
    (a) From May 1 through October 31, the draw shall open on signalfrom 
7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open onsignal if 
at least a two-hour advance notice is given by calling thenumber posted 
at the bridge.
    (b) From November 1 through April 30, the draw shall open onsignal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall openon signal 
if at least a twenty-four hours advance notice is given bycalling 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 September15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15p.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 atleast 
four (4) hours advance notice is given by calling the numberposted at 
the bridge.
    (b) The draw shall open on signal from September 16 through May 14if 
at least a twenty-four (24) hours advance notice is given bycalling the 
number posted at the bridge.

[[Page 609]]

    (c) The owners of this bridge shall provide and keep in goodlegible 
condition, clearance gauges for each draw with figures notless than 
twelve (12) inches high designed, installed and maintainedaccording 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 1.0in 
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 
1from 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 atleast 
four hours notice.
    (c) The owner of this bridge shall provide and keep in goodlegible 
condition, clearance gauges for each draw with figures notless than 
twelve (12) inches high designed, installed and maintainedin 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, shalloperate 
as follows:
    (1) From May 1 through November 15, from 6 a.m. to 10 p.m., thedraw 
shall open on signal; except that, from Memorial Day throughLabor Day, 
from 6 a.m. to 10 p.m., the draw shall open on signal onlyon the hour 
and half hour.
    (2) At all other times the draw shall open on signal after atleast a 
one-hour advance notice is given by calling the number postedat the 
bridge.
    (b) The draw of the Boston and Maine railroad bridge, mile 3.4 
atNewburyport, is normally maintained in the fully open position. 
Whenthe draw is in the closed position, a drawtender shall be on duty 
andthe draw shall open on signal.
    (c) The drawspans for the Massachusetts Department of Public 
Worksdrawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock 
Village,and Groveland Drawbridge, mile 16.5 at Groveland, must open on 
signalif at least two hours notice is given. Public vessels of the 
UnitedStates must be passed through the drawspans as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD01-94-094, 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 signalfrom 
8 a.m. to 5 p.m., if at least one-hour notice is given and from 5p.m. to 
8 a.m. the draw shall open on signal if at least 12-hoursnotice is given 
by calling the Chatham Harbormasters Department.
    (b) From November 1 through April 30, the draw shall open onsignal 
if at least a 24-hours advance notice is given by calling theChatham 
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 openon 
signal; except that, Monday through Saturday, excluding holidays,the 
draw need not open for the passage of vessel traffic from 7:45a.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 leastan eight-hour 
advance notice is required for bridge openings bycalling the number 
posted at the bridge.
    (b) The draw of the Wellington Bridge, mile 2.5, need not open 
forthe 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:

[[Page 610]]

    (a) The draw of the Granite Avenue Bridge shall open onsignal from 
May 1 through October 31; 6 a.m. to 12 midnight. At allother times the 
draw shall open on signal if at least one hour advancenotice is given by 
calling the number posted at the bridge.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition, clearance gauges for each draw with figures notless than 
twelve (12) inches high designed, installed and maintainedaccording 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 atleast 
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 
betweenNewburyport and Plum Island, shall operate as follows:
    (a) From April 1 through November 30, 5 a.m. to 9 p.m., the 
drawshall open on signal if at least one hour advance notice is given 
bycalling the number posted at the bridge. At all other times the 
drawshall open on signal if at least three hours advance notice is 
given.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition, clearance gauges for each draw with figures notless than 
twelve (12) inches high, designed, installed and maintainedaccording 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 theSaugus 
River:
    (1) Public vessels of the United States, state or local vesselsused 
for public safety, and vessels in distress shall be passedthrough the 
draw of each bridge as soon as possible at any time. Theopening signal 
from these vessels is four or more short blasts of awhistle or horn or a 
radio request.
    (2) The owners of these bridges shall provide and keep in 
goodlegible condition clearance gauges with figures not less than 
12inches high designed, installed and maintained according to 
provisionsof Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed seven minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,the train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping.
    (b) The draw of the General Edwards SR1A Bridge, mile 1.7, 
betweenRevere and Lynn, shall open on signal; except that, from April 
1through November 30, from midnight through 8 a.m. at least an eight-
hour advance notice is required for bridge openings, and at all 
timesfrom December 1 through March 31, at least an eight-hour 
advancenotice is required for bridge openings.
    (c) The Fox Hill (SR107) Bridge, at mile 2.5, shall operate 
asfollows:
    (1) The draw shall open on signal, except that, from October 
1through May 31, from 7 p.m. to 5 a.m., the draw shall open after 
atleast a one-hour advance notice is given by calling the number 
postedat the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day, and all day 
onChristmas, and New Years Day, the draw shall open on signal after 
atleast a one-hour advance notice is given by calling the number 
postedat the bridge.

[CGD1 91-004, 56 FR 60064, Nov. 27, 1991, as amended byCGD01-94-150, 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 
bridgesshall provide and keep in good legible condition clearance gauges 
foreach draw with figures not less than twelve inches high, 
designed,installed, and maintained according to the provisions ofSec. 
118.160 of this chapter.
    (b) The Brightman Street Bridge, at mile 1.8, between Fall Riverand 
Somerset, shall open on signal, except that:

[[Page 611]]

    (1) From June 1 through August 31, the draw need not open forthe 
passage of pleasure craft, 7 a.m. to 9:30 a.m. and 4 p.m. to 6:30p.m., 
Monday through Friday, except holidays. The draw shall open onsignal 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 
isgiven by calling the number posted at the bridge.
    (3) From 6 p.m. on December 24 to midnight on December 25, andfrom 6 
p.m. on December 31 to midnight on January 1, the draw shallopen on 
signal if at least a two-hour advance notice is given bycalling the 
number posted at the bridge.
    (c) The Bristol County Bridge, mile 10.3, shall open on signal ifat 
least twenty-four hours' notice is given by calling the numberposted at 
the bridge.

[CGD01-97-098, 63 FR 70662, Dec. 22, 1998, asamended 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 
asfollows:
    (a) Public vessels of the United States must be passed as soon 
aspossible.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw with figures not lessthan 12 
inches high designed, installed, and maintained, according tothe 
provisions of Sec. 118.160 of this chapter.
    (c) That the drawspan for the Westport Point Drawbridge, mile 1.2at 
Westport, must open on signal if at least 24 hours notice is given.

[CGD1-91-014, 56 FR 41462, Aug. 21, 1991, asamended 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 betweenQuincy 
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, thedraw need 
not be opened.
    (b) The draw shall open on signal at all times for self-
propelledvessels greater than 10,000 gross tons.
    (c) From noon to 6 p.m. on Thanksgiving Day, from 6 p.m. onDecember 
24 to midnight on December 25, and from 6 p.m. on December 31to midnight 
on January 1, the draw shall open on signal after at leasta two-hour 
advance notice is given by calling the number posted at thebridge.

[CGD01-94-159, 60 FR 2688, Jan. 11, 1995, asamended 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, 
shalloperate as follows:
    (1) From November 1 through April 30, the draw shall open onsignal 
if at least a twenty-four hours advance notice is given.
    (2) From May 1 through June 15, the draw shall open on signal from8 
a.m. to 6 p.m.
    (3) From June 16 through September 30, the draw shall open onsignal 
from 7 a.m. to 9 p.m.
    (4) From October 1 through October 31, the draw shall open onsignal 
from 8 a.m. to 6 p.m.
    (5) At all other times from May 1 through October 31, the drawshall 
open on signal if at least a four-hours advance notice is givenby 
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 openonly 
on the hour and half-hour; however, Mondays through Fridays thedraw need 
not open at 12 noon and 1 p.m. Commercial vessels shall bepassed through 
the draw of this bridge as soon as possible even thoughthis regulated 
period is in effect.

[[Page 612]]

    (2) From 11 p.m. to 7 a.m., no bridgetender is required to bein 
continuous attendance at the bridge and the draw shall open onsignal for 
commercial vessels and pleasure craft if at least a threehour advance 
notice is given.
    (b) From October 15 through April 30, the draw shall open onsignal 
for the passage of commercial vessels and pleasure craft if atleast a 
twelve hour advance notice is given.
    (c) At all times, the draw shall open as soon as possible forpublic 
vessels of the United States, state or local government vesselsused 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 requestingthe 
opening of a draw may be given to the dispatcher of the Port HuronPolice 
Department. Public vessels of the United States, state or localvessels 
used for public safety, and vessels in distress shall bepassed through 
each drawbridge on the river as soon as possible.
    (b) The draws of the Military Street bridge, mile 0.3, and 
SeventhStreet 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 
beopened only on the hour and half hour and, from November 1 
throughNovember 30 and April 1 through April 30 from 4 p.m. to 8 a.m., 
thedraw shall open if at least three hours notice is given. From 
December1 through March 31, the draw shall open if at least 24 hours 
notice isgiven.
    (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 from11 
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 November30, 
if at least three hours notice is given; and
    (3) From December 1 through March 31, if at least 24 hours noticeis 
given.



Sec. 117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan 
shalloperate as follows:
    (a) From April 1 through May 15 and from September 16 
throughDecember 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, 
thedraw shall open on signal.
    (2) Between the hours of 6 a.m. and 6 p.m., seven days a week, 
thedraw need open only from three minutes before to three minutes 
afterthe quarter-hour and three-quarter hour.
    (c) From December 15 through March 31, no bridgetender is requiredto 
be at the bridge and the draw need not open unless a request toopen the 
draw is given at least 12-hours in advance of a vesselsintended time of 
passage through the draw.
    (d) At all times, the draw shall open as soon as possible for 
thepassage of public vessels of the United States, State or local 
vesselsused for public safety, commercial vessels, and vessels in 
distress.

[CGD09-91-03, 56 FR 37474, Aug. 7, 1991, asamended 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), mile8.8, 
at Grosse Ile, shall operate as follows:
    (1) Between the hours of 7 a.m. and 11 p.m., seven days a week 
andholidays, the draw need open only from three minutes before to 
threeminutes after the hour and half-hour for pleasure craft; 
forcommercial vessels, during this period of time, the draw shall open 
onsignal as soon as possible.
    (2) Between the hours of 11 p.m. and 7 a.m., the draw shall openon 
signal for pleasure craft and commercial vessels.
    (b) The draw of the Wayne County highway bridge (Grosse IleParkway), 
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 
andholidays,

[[Page 613]]

the draw need open only from three minutes before tothree minutes after 
the quarter and three-quarter hour for pleasurecraft, with no opening 
required at 7:45 a.m., 8:45 a.m., 4:15 p.m. and5:15 p.m., Monday through 
Friday, except holidays; for commercialvessels, during these periods of 
time, the draw shall open on signalas soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall openon 
signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridgetenders arerequired 
to be on duty at the bridge and the bridge shall open onsignal if at 
least a twelve-hour advance notice is given.
    (c) At all times, the bridges listed in this section shall open 
assoon as possible for public vessels of the United States, State 
orlocal government vessels used for public safety and vessels 
indistress.

[CGD09 87-07, 52 FR 39520, Oct. 22, 1987, as amended byUSCG-2005-21531, 
70 FR 36349, June 23, 2005]



Sec. 117.633  Grand River.

    (a) Public vessels of the United States, state or local vesselsused 
for public safety, commercial vessels, and vessels in distressshall be 
passed through the draw of each bridge as soon as possible.
    (b) The draw of the CSX Transportation Corp. railroad bridge, 
mile2.8 at Grand Haven, shall open on signal; except that, from 
December15 through March 15, the draw shall open on signal if at least 
12hours 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 8:30p.m., 
seven days a week, once an hour, on the half-hour; except thedraw need 
not open for pleasure craft at 7:30 a.m., 12:30 p.m., and5:30 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 noticeis 
given.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 
0.2across the mouth of Spring Lake, shall open on signal; except 
that,from December 15 through March 15, the draw shall open on signal if 
atleast 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09-97-008, 62 
FR 43098, Aug. 12, 1997]



Sec. 117.635  Keweenaw Waterway.

    The draw of the US41 bridge, mile 16.0 between Houghton andHancock, 
shall open on signal; except that, from January 1 throughMarch 15, the 
draws shall open on signal if at least 24 hours noticeis given.



Sec. 117.637  Manistee River.

    (a) The draws of the Maple Street bridge, mile 1.1, andUS-31 highway 
bridge, mile 1.4, both at Manistee, shall operateas follows:
    (1) From May 1 through October 31, between 7 a.m. to 11 p.m., 
thebridges shall open on signal. From 11 p.m. to 7 a.m., the bridges 
neednot open unless notice is given at least two hours in advance of 
avessel's time of intended passage through the draws.
    (2) From November 1 through April 30, the bridges need not 
openunless notice is given at least 24 hours in advance of a vessel's 
timeof 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 
toApril 30, the bridge need not open unless notice is given at least 
24hours in advance of a vessel's time of intended passage through 
thedraw.

[CGD 09-93-006, 58 FR 52442, Oct. 8, 1993, asamended 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 
onsignal from April 1 through November 15 from 7 a.m. to 11 p.m. andfrom 
11 p.m. to 7 a.m., if at least one hour notice is given. FromNovember 16 
through March 31, the draw shall open on signal if atleast 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, shallbe 
operated as follows:

[[Page 614]]

    (1) From April 1 through December 31, the draw shall open onsignal; 
except from 6 a.m. to 10 p.m., April 1 to October 31, the drawneed open 
only from three minutes before to three minutes after thehour and half-
hour for recreational vessels. Public vessels of theUnited States, state 
or local vessels used for public safety,commercial vessels, vessels in 
distress, and vessels seeking shelterfrom severe weather shall be passed 
through the draw as soon aspossible.
    (2) From January 1, through March 31, the draw shall open onsignal 
if at least 12 hours advance notice is provided prior to avessel's 
intended time of passage.
    (b) The owner of the bridge shall provide and keep in good 
legiblecondition two board gauges painted white with black figures not 
lessthan six inches high to indicate the vertical clearance under 
theclosed draw at all water levels. The gages shall be placed on 
thebridge so that they are plainly visible to operators of 
vesselsapproaching 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 
onsignal from April 1 through November 30 from 2 a.m. to 8 a.m. and 
from8 a.m. to 2 a.m. on the hour and one-half hour. From December 
1through March 31, the draw shall open on signal if at least 24 
hoursnotice is given. Public vessels of the United States, state or 
localvessels used for public safety, and vessels in distress shall 
bepassed through the draw as soon as possible.



Sec. 117.647  Saginaw River.

    (a) The draws of the Lake State Railways railroad bridge, mile3.10 
at Bay City, and the Central Michigan railroad bridge, mile 4.94at Bay 
City, shall open on signal; except that, from December 16through March 
15, the draws shall open on signal if at least 12 hoursadvance notice is 
provided.
    (b) The draws of the Independence bridge, mile 3.88, LibertyStreet 
bridge, mile 4.99, Veterans Memorial bridge, mile 5.60, andLafayette 
Street bridge, mile 6.78, all in Bay City, shall open onsignal 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. 
exceptSaturdays, Sundays, and holidays observed in the locality, the 
drawsneed not be opened for the passage of vessels of less than 50 
grosstons.
    (2) From 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. excepton 
Sundays and Federal holidays, the draws need not be opened for 
thepassage of downbound vessels of over 50 gross tons.
    (3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and 
Federalholidays, the draws of the Independence and Veterans Memorial 
bridgesneed not be opened for the passage of pleasure craft except from 
threeminutes before to three minutes after the hour and half-hour.
    (4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and 
Federalholidays, the draws of the Liberty Street and Lafayette Street 
bridgesneed not be opened for the passage of pleasure craft, except 
fromthree minutes before to three minutes after the quarter hour 
andthree-quarter hour.
    (5) From December 16 through March 15, the draws of these 
bridgesshall open on signal if at least 12 hours notice is given.
    (c) The draw of the CSX railroad bridge, mile 18.0, need not 
beopened for the passage of vessels. The owner shall return the draw 
toan operable condition within a reasonable time when directed by 
theDistrict Commander to do so.
    (d) The draw of the Grand Trunk Western railroad bridge, mile19.2, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09-94-019, 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 theBL-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 December15, 
and from 8 p.m. to 7 a.m. from May 15 through September 30, thedraws 
shall open on signal.

[[Page 615]]

    (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 threeminutes before 
to three minutes after the hour and half hour, and thedraw of the 
Bicentennial bridge need be opened only from three minutesbefore to 
three minutes after the quarter and three-quarter hour.
    (c) From December 16 through the last day of February, the draw 
ofboth bridges shall open on signal if at least 12 hours notice isgiven.
    (d) Public vessels of the United States, state and localgovernment 
vessels used for public safety, commercial vessels, andvessels in 
distress shall be passed through the draw of both bridgesas soon as 
possible.



Sec. 117.653  St. Mary's Falls Canal.

    The draw of the International Railway bridge, mile 1.0 at SaultSte. 
Marie, shall be maintained in the fully open position during 
thenavigation season, except for the crossings of trains or 
formaintenance. Bridge operators shall not give precedence to 
railwaytraffic and shall not close the bridge against an upbound vessel 
afterlock 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 totake position at lock approaches.



Sec. 117.655  Thunder Bay River.

    The draw of the Second Avenue bridge, mile 0.3 at Alpena, shallopen 
on signal if at least three hours notice is given to theDispatcher, 
Police Department, City of Alpena, Michigan.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382,Sept. 24, 1984]

                                Minnesota



Sec. 117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal bridge, mile 0.1 at Duluth,shall 
open on signal; except that, from January 1 through March 15,the draw 
shall open on signal if at least 24 hours notice is given.The opening 
signal is one prolonged blast, one short blast, oneprolonged blast, one 
short blast. If the Duluth Ship Canal Bridge isdisabled, the bridge 
authorities shall give incoming and outgoingvessels timely and 
dependable notice, by tug service if necessary, sothat the vessels do 
not attempt to enter the canal. Vessels shall begiven 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 thepassage 
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 
ofvessels.



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 
HudsonRailroad 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 
ifnotification is made prior to 11 p.m.,
    (2) From November 1 through March 31, the draw shall open onsignal 
if at least 24 hours notice is given.
    (b) The draw of the Stillwater Highway Bridge, Mile 23.4, shallopen 
on signal as follows:
    (1) From May 15 through October 15, Monday through Friday, 
exceptFederal 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, andfederal 
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

[[Page 616]]

    (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 
isgiven.
    (c) The draw of the Soo Line Railroad Bridge, Mile 40.7, 
atOtisville, need not be opened for the passage of vessels.

[CGD2-91-01, 56 FR 21303, May 8, 1991, asamended 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, mile5.7, 
shall open on signal; except that, from January 1 through March15, the 
draws shall open on signal if at least 24 hours notice isgiven. The 
opening signal for the Minnesota draw is one prolongedblast followed by 
two short blasts and for the Wisconsin draw is twoprolonged blasts 
followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0, and the 
ArrowHead bridge, mile 8.7, shall open on signal; except that, from 
January1 through March 15, the draw shall open on signal if at least 24 
hoursnotice is given. The opening signal for the Grassy Point bridge is 
twoprolonged blasts followed by one short blast and for the 
Arrowheadbridge 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 
ownershall return the draw to operable condition within a reasonable 
timewhen 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, mile615.1, 
and Lock and Dam No. 2, mile 815.2, shall open on signal;except that, 
from December 15 through the last day of February, thedraws shall open 
on signal if at least 24 hours notice is given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile815.2, 
and Lock and Dam No. 1, mile 847.6, shall open on signal;except that, 
from December 15 through the last day of February, thedraws 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, shallopen 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 
from4:30 p.m. to 6 p.m. Monday through Friday, except Federal 
holidays,the draw need not be opened for passage of vessels. The draw 
shallopen at any time for a vessel in distress.

[CGD8-85-05, 50 FR 27583, July 5, 1985, asamended 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 96.1at 
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 
onsignal; except that, from 9 p.m. to 5 a.m., the draw shall open 
onsignal if at least eight hours notice is given to the Old Fort 
Bayoudrawtender. During periods of storm or hurricane warnings issued 
bythe National Weather Service, the draw shall open on signal at 
anytime.

[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 PassChristian, 
MS shall open on signal if at least two hours notice isgiven 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 
TchoutacabouffaRiver, mile 8.0, shall open on signal if at least twenty-
four hoursnotice is given.

[CGD08-98-055, 63 FR 49822, Sept. 18, 1998]

[[Page 617]]



Sec. 117.686  Yazoo River.

    (a) The draws of the Canadian National/Illinois Central 
railroadbridge, mile 16.7 at Redwood, and the Satartia highway (S433) 
bridge,mile 53.3 at Satartia, shall open on signal if at least two 
hoursnotice is given. When a vessel has given notice and fails to 
arrivewithin the two hour period specified, the drawtender shall remain 
onduty for two additional hours and open the draw if the 
requestingvessel appears. After this time, an additional two hour notice 
isrequired.
    (b) The draws of the bridges upstream from the Satartia 
highway(S433) bridge shall open on signal if at least four hours notice 
isgiven. When a vessel has given notice and fails to arrive within 
thefour hour period specified, the drawtender shall remain on duty 
fortwo additional hours and open the draw if the requesting 
vesselappears. After this time, an additional four hour notice is 
required.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignatedat CGD8-92-03, 57 
FR 27696, June 22, 1992, as amended byUSCG-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 
onsignal; except during the winter season between the date of closureand 
date of opening of the commercial navigation season as publishedby the 
Army Corps of Engineers, the draws need not open unless atleast 24 hours 
advance notice is given.

[CGD08-06-002, 71 FR 66874, Nov. 17, 2006]



Sec. 117.689  Osage River.

    The draw of the Missouri Pacific Railroad bridge, mile 5.6 atOsage 
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 seasonbetween the 
date of closure and date of opening of the commercialnavigation season 
as published by the Army Corps of Engineers, thedraw 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 31for 
the passage of vessels during daylight hours from three hoursbefore to 
three hours after each high tide. ``Daylighthours'' means one-half hour 
before sunrise to one-half hourafter sunset. High tide occurs one-half 
hour later than the time ofhigh tide for Portland, Maine, as published 
in the tide tablespublished by private entities using data provided by 
the NationalOcean Service. At all other times, the draw shall open on 
signal if atleast three hours notice is given.
    (b) The owners of the bridge shall provide and keep in goodlegible 
condition two board gages painted white with black figures notless than 
six inches high to indicate the vertical clearance under theclosed draw 
at all stages of the tide. The gages shall be so placed onthe bridge 
that they are plainly visible to operators of vesselsapproaching the 
bridge either up or downstream.
    (c) Vessels which can pass under the closed draw with a clearanceof 
one foot or more shall not signal for the opening of the draw. Incase a 
vessel gives the prescribed signal and the drawtender isuncertain as to 
whether the vessel can safely pass, the drawtendershall open the draw. 
If the drawtender finds that there would havebeen a clearance of one 
foot or more had the draw remained closed, thematter shall be reported 
immediately to the District Commander, givingthe name of the vessel, the 
time of opening the draw, the clearanceunder the bridge as indicated by 
the gage at the time of opening thedraw, and the approximate vertical 
clearance required by the vessel.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001]

[[Page 618]]



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 
10p.m. if at least four hours notice is given. At all other times, 
thedraw 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 
HancocksBridge, and 6.5 at New Bridge, shall open on signal if at least 
24hours notice is given.
    (b) The draw of the S49 bridge, mile 9.5 at Quinton, need not 
beopened for the passage of vessels.



Sec. 117.703  Bass River.

    The draw of the U.S. 9 bridge, mile 2.6, at New Gretna, shalloperate 
as follows:
    (a) The drawspan must open on signal if at least six hours noticeis 
given, except that public vessels of the United States must bepassed as 
soon as possible.
    (b) The owners of this bridge shall provide and keep in goodlegible 
condition clearance gauges for the draw span with figures notless than 
12 inches high designed, installed and maintained inaccordance with the 
provisions of Sec. 118.160 of thischapter.

[CGD5-91-031, 57 FR 22175, May 27, 1992, asamended 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 
othertimes, the draw shall open on signal if at least 24 hours notice 
isgiven.

[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, SouthAmboy, 
New Jersey, shall operate as follows:
    (1) From April 1 through November 30 from 7 a.m. to 8 p.m., thedraw 
need only open on the hour. From 8 p.m. to 11 p.m. the draw shallopen on 
signal. From 11 p.m. to 7 a.m. the draw shall open after atleast a two 
hour advance notice is given by calling the number postedat the bridge.
    (2) From December 1 through March 31, the draw shall open onsignal 
after at least a two hour advance notice is given by callingthe number 
posted at the bridge.
    (b) The draw of the New Jersey Transit Rail Operations 
railroadbridge, mile 0.2, operates as follows:
    (1) The draw shall open on signal; except that, at least fourhours 
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 November30 
from 10 p.m. to 6 a.m. Monday through Thursday, and midnight 
Sundaythrough 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 goodlegible 
condition two board gages painted white with black figures notless than 
eight inches high to indicate the vertical clearance underthe closed 
draw at all stages of the tide. The gages shall be soplaced on the 
bridge that they are plainly visible to operators ofvessels approaching 
the bridge either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD01-04-126, 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, neednot 
be opened for the passage of vessels.



Sec. 117.713  Cooper River.

    (a) The drawspans for the State Street Drawbridge, mile 0.3 andthe 
Conrail Drawbridge at North River Avenue, mile 0.9, must open onsignal 
if at least four hours notice is given.

[[Page 619]]

    (b) The draw of the Admiral Wilson Boulevard bridge, mile 1.1at 
Camden, need not be opened for the passage of vessels. However, thedraw 
shall be returned to operable condition within six months 
afternotification 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 FR70311, 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 from10 p.m. to 
6 a.m. and from 6 a.m. to 10 p.m. on December 25 the drawneed open only 
if at least two hours notice is given.

[USCG-2007-0026, 73 FR 5749, Jan. 31, 2008]



Sec. 117.715  Debbies Creek.

    (a) The draw of the Monmouth County highway bridge, mile 0.4 
atManasquan, shall open on signal, except as follows:
    (1) From 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30p.m. 
to 8 a.m., the draw need open only if at least four-hours advancenotice 
is given.
    (2) From Memorial Day through Labor Day from 7 a.m. to 8 p.m., 
thedraw need open only on the hour and half hour if any vessels 
arewaiting to pass.
    (b) The owners of the bridge shall provide and keep in goodlegible 
condition two board gauges painted white with black figuresnot less than 
eight inches high to indicate the vertical clearanceunder the closed 
draw at all stages of the tide. The gauges shall beso placed on the 
bridge that they are plainly visible to operators ofvessels 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 
theDelaware River:
    (a) The draws of railroad bridges need not be opened when there isa 
train in the bridge block approaching the bridge with the intentionof 
crossing, or within five minutes of the known time of the passageof a 
scheduled passenger train.
    (b) The opening of a bridge may not be delayed more than fiveminutes 
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 goodlegible 
condition two board gages painted white with black figures notless than 
six inches high to indicate the vertical clearance under theclosed draw 
at all stages of the tide. The gages shall be so placed onthe bridge 
that they are plainly visible to operators of vesselsapproaching 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 atElizabeth, 
shall open on signal; except that, from 12 midnight to 7a.m., the draw 
shall open on signal if at least three hours notice isgiven.
    (b) The draws of the South First Street bridge, mile 0.4 
atElizabeth, shall open on signal if at least three hours notice 
isgiven.
    (c) The draws of the New Jersey Transit Rail Operations 
railroadbridge, mile 0.7, the Baltic Street bridge, mile 0.9, the 
SummerStreet bridge, mile 1.3, the South Street bridge, mile 1.8, and 
theBridge Street bridge, mile 2.1, all at Elizabeth, need not be 
openedfor the passage of vessels.



Sec. 117.720  Great Channel.

    The draw of the County of Cape May bridge, mile 0.7, between 
StoneHarbor and Nummy Island, shall open on signal except that:
    (a) From May 15 through October 15 from 10 p.m. to 6 a.m., thedraw 
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 
atleast 24 hours advance notice is given.
    (c) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March 
ofevery year, the draw need not open for vessels. If the fourth 
Sundayfalls on a religious holiday, the draw need not open from

[[Page 620]]

9:15a.m. to 2:30 p.m. on the third Sunday of March of every year.

[CGD05-97-003, 63 FR 2312, Jan. 15, 1998, asamended 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 
MiddleTownship, shall open on signal from 6 a.m. to 8 p.m. from May 
15through September 30. From 9:15 a.m. to 2:30 p.m. on the fourth 
Sundayin March of every year, the draw need not open for vessels. If 
thefourth Sunday falls on a religious holiday, the draw need not 
openfrom 9:15 a.m. to 2:30 p.m. on the third Sunday of March of 
everyyear. Two hours advance notice is required for all other openings 
bycalling (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 
theHackensack River:
    (1) Public vessels of the United States, state or local vesselsused 
for public safety, and vessels in distress shall be passedthrough the 
draw of each bridge as soon as possible without delay. Theopening signal 
for these vessels is four or more short blasts of awhistle or horn, or a 
radio request.
    (2) The owners of each bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw, with figures notless than 18 
inches high for bridges below the turning basin at mile4.0, and 12 
inches high for bridges above mile 4.0. The gauges shallbe designed, 
installed and maintained according to the provisions ofsection 118.160 
of this chapter.
    (3) Train and locomotives shall be controlled so that any delay 
inopening the draw shall not exceed 10 minutes except as provided 
inparagraph (a)(1) of this section. However, if a train moving towardthe 
bridge has crossed the home signal for the bridge before thesignal 
requesting the opening of the bridge is given, the train maycontinue 
across the bridge and must clear the bridge interlocks beforestopping or 
reversing.
    (4) New Jersey Transit Rail Operations' (NJTRO) roving crews 
shallconsist of two qualified operators on each shift, each having 
avehicle which is equipped with marine and railroad radios, a 
cellulartelephone, and emergency bridge repair and maintenance tools. 
Thiscrew shall be split with one drawtender stationed at Upper Hack 
andthe other drawtender at the HX drawbridge. Adequate security 
measuresshall be provided to prevent vandalism to the bridge 
operatingcontrols and mechanisms to ensure prompt openings of NJTRO 
bridges.
    (5) Except as provided in paragraphs (b) through (h) of thissection, 
the draws shall open on signal.
    (b) Except as provided in paragraph (a)(1) of this section, thedraw 
of the NJTRO Lower Hack Bridge, mile 3.4 at Jersey City shallopen on 
signal if at least one hour advance notice is given to thedrawtender at 
the Upper Hack bridge, mile 6.9 at Secaucus, New Jersey.In the event the 
HX drawtender is at the Newark/Harrison (MorristownLine) Bridge, mile 
5.8 on the Passaic River, up to an additional halfhour delay is 
permitted.
    (c) Except as provided in paragraphs (a)(1) of this section, thedraw 
of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, neednot 
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 8p.m. 
Additional bridge openings shall be provided for commercialvessels from 
6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30p.m. and from 
6:50 p.m. to 8 p.m., if at least a one-hour advancenotice is given by 
calling the number posted at the bridge. At allother times the draw 
shall open on signal.
    (d) Except as provided in paragraph (a)(1) of this section, thedraw 
of the NJTRO Upper Hack Bridge, mile 6.9 at Secaucus, N.J. shallopen on 
signal unless the drawtender is at the HX bridge, mile 7.7 atSecaucus, 
N.J. over the Hackensack River; then up to a half hour delayis 
permitted.
    (e) Except as provided in paragraph (a)(1) of this section, thedraw 
of the NJTRO HX bridge, mile 7.7 at Secaucus, shall open onsignal if at 
least one half hour notice is given to

[[Page 621]]

thedrawtender at the Upper Hack Bridge.
    (f) Except as provided in paragraph (a)(1) of this section, thedraw 
of the S46 Bridge, at mile 14.0, in Little Ferry, shall open onsignal if 
at least a twenty four hour advance notice is given bycalling 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 leastfour hours 
notice is given.
    (h) The draw of the New York Susquehanna and Western Railroadbridge, 
mile 16.3, and the Midtown bridge, mile 16.5, both atHackensack, need 
not be opened for the passage of vessels, however,the draws shall be 
restored to operable condition within 12 monthsafter notification by the 
District Commander to do so.

[CCGD01-91-029, 58 FR 39148, July 22, 1993, asamended 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 
beopened for the passage of vessels.



Sec. 117.727  Manasquan River.

    The draw of the Route 70 Bridge, mile 3.4, at Riviera Beach, 
shallopen on signal on the hour, except that from 4 p.m. to 7 p.m. 
Mondaythrough Friday and from 11 p.m. to 7 a.m., every day the draw need 
notbe opened.

[CGD05-02-054, 68 FR 34803, June 11, 2003]



Sec. 117.729  Mantua Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 1.4 atPaulsboro, 
shall operate as follows:
    (1) From March through November, the draw shall be left in theopen 
position to vessels and will only be closed for the passage oftrains and 
to perform periodic maintenance authorized in accordancewith subpart A 
of this part.
    (i) Trains shall be controlled so that any delay in opening of 
thedraw shall not exceed ten minutes except as provided inSec. 
117.31(b).
    (ii) Before the bridge closes for any reason, an on-site 
traincrewmember will observe the waterway for approaching craft, which 
willbe allowed to pass. An on-site train crewmember will then operate 
thebridge by radiophone. The bridge shall only be closed if an on-
sitetrain crewmember's visual inspection shows that the channel is 
clearand there are no vessels transiting in the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the fullopen 
to the full closed position, an on-site train crewmember willmaintain 
constant surveillance of the navigational channel to ensureno conflict 
with maritime traffic exists. In the event of failure orobstruction, the 
on-site train crewmember will stop the bridge andreturn the bridge to 
the open position.
    (iv) During closing of the span, the channel traffic lights 
willflash red, the horn will sound five short blasts, and an audio 
voicewarning device will announce bridge movement, and the bridge 
willclose. When the bridge is seated and locked down to vessels, 
thechannel traffic lights will continue to flash red. When the 
railtraffic has cleared the swing span, the horn will sound one 
prolongedblast followed by one short blast to signal the draw of the 
CONRAILRailroad Bridge is about to return to its full open position 
tovessels.
    (v) During open span movement, the channel traffic lights willflash 
red, the horn will sound one prolonged blast followed by oneshort blast, 
then a pause, and an audio voice warning will announcebridge movement 
until the bridge is in the full open position. In thefull open position, 
the channel traffic lights will flash green.
    (2) From December to February, the draw may be left in the 
closedposition and opened on signal if at least four hours notice is 
givenby telephone at (856) 231-2393.
    (b) The draw of the S.R. 44 bridge, mile 1.7, at Paulsboro, 
shallopen on signal from March 1 through November 30 from 7 a.m. to 
11p.m., and shall open on signal at all other times upon four 
hoursnotice.

[CGD3 84-33, 50 FR 30270, July 25, 1985, as amended byCGD05-03-121, 69 
FR 21063, Apr. 20, 2004]

[[Page 622]]



Sec. 117.730  Maurice River.

    The draw of the Cumberland County bridge, mile 12.1 atMauricetown, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignatedby 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 onsignal, 
except as follows:
    (a) The draw of the Lower Bank bridge, mile 15.0, need not 
openduring the following periods unless at least four hours notice 
isgiven:
    (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 
openunless at least four hours notice is given during the 
followingperiods:
    (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 vesselsof 
the United States during the periods when four hours notice isrequired.

[CGD5-87-065, 53 FR 406, Jan. 7, 1988, asamended by CGD05 94-093, 60 FR 
51732, Oct. 3, 1995.Redesignated and amended by USCG-2001-10881, 71 
FR70311, Dec. 4, 2006]



Sec. 117.732  Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal, exceptthat 
from 11 p.m. to 7 a.m., the draw shall open if at least two hoursnotice 
is given.
    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5 
atPort Republic, shall open on signal if at least eight hours notice 
isgiven.

[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 ManasquanRiver 
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 
10p.m., the draw need only open 15 minutes before the hour and 15minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and onFridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw needonly 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 ifat 
least four hours notice is given.
    (b) The draw of the County Route 528 Bridge, mile 6.3 acrossBarnegat 
Bay at Mantoloking, shall open on signal; except that fromMemorial Day 
through Labor Day on Saturdays, Sundays and Federalholidays 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 
atSeaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31 from 11 p.m. to 8 a.m., thedraw 
need not be opened.
    (2) From April 1 through November 30 from 11 p.m. to 8 a.m., thedraw 
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., 
thedraw 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, mile68.9 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 eachhour 
and remain open for all waiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes exceptas 
provided in Sec. 117.31(b). However, if a train is movingtoward the 
bridge and has crossed the home signal for the bridgebefore the signal 
requesting opening of the bridge is given, thattrain may continue across 
the bridge and must clear the bridgeinterlocks before stopping.

[[Page 623]]

    (3) When the bridge is not tended locally and/or is operatedfrom a 
remote location, sufficient closed circuit TV cameras shall beoperated 
and maintained at the bridge site to enable the remotelylocated bridge/
train controller to have full view of both rivertraffic and the bridge.
    (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall 
bemaintained and utilized to facilitate communication in both remote 
andlocal control locations. The bridge shall also be equipped 
withdirectional microphones and horns to receive and deliver signals 
tovessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is 
partiallydisabled or fails for any reason, the bridge shall be 
physicallytended and operated by local control. Personnel shall be 
dispatched toarrive at the bridge as soon as possible, but not more that 
one hourafter malfunction or disability of the remote system. 
Mechanicalbypass and override capability of the remote operation system 
shall beprovided and maintained.
    (6) When the draw is opening and closing, or is closed, 
yellowflashing lights located on the ends of the center piers shall 
bedisplayed continuously until the bridge is returned to the fully 
openposition.
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile67.2 
at Atlantic City, shall open on signal except that, year-roundfrom 11 
p.m. to 7 a.m. and, from November 1 through March 31 from 3p.m. to 11 
p.m., the draw need only open if at least four hours noticeis given.
    (f) The draw of the US40-322 (Albany Avenue) Bridge, mile70.0 across 
Inside Thorofare, at Atlantic City, shall open on signalexcept that:
    (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1through 
March 31 from 3 p.m. to 11 p.m., the draw need only open if atleast 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 
needonly 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 June1 through September 30, from 9:15 a.m. to 9:15 p.m., the draw 
needonly open at 15 and 45 minutes after the hour.
    (h) The draw of the Route 52 (Ninth Street) Bridge, mile 80.4across 
Beach Thorofare, at Ocean City, shall open on signal exceptthat from 
Memorial Day through Labor Day from 8 a.m. to 8 p.m., thedraw need only 
open on the hour and half hour.
    (i) The draw of the Stone Harbor Boulevard Bridge, mile 102.0across 
Great Channel, at Stone Harbor, shall open on signal exceptthat:
    (1) From October 1 through March 31 from 10 p.m. to 6 a.m. thedraw 
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. 
onSaturdays, Sundays and Federal holidays, the draw need open only onthe 
hour, 20 minutes after the hour, and 20 minutes before the hour.
    (3) From 10 p.m. on December 24 until 6 a.m. on December 26, thedraw 
need open only if at least two hours notice is given.
    (j) [Reserved]
    (k) The draw of Two-Mile Bridge, mile 112.2, across MiddleThorofare 
in Wildwood Crest, shall open on signal except:
    (1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March 
ofevery year, the draw need not open for vessels. If the fourth 
Sundayfalls on a religious holiday, the draw need not open for vessels 
from9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year.
    (2) From 10:30 p.m. on December 24 until 10:30 p.m. on December26, 
the draw need open only if at least two hours notice is given.
    (l) The draw of the Route 35 Bridge, mile 1.1 across ManasquanRiver 
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 
10p.m.,

[[Page 624]]

the draw need only open 15 minutes before the hour and 15minutes 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 
onlyopen 15 minutes before the hour and 15 minutes after the hours.
    (2) Year-round, unless otherwise provided by paragraph (l)(3) ofthis 
section, from 11 p.m. to 8 a.m., the draw need only open if atleast 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 8a.m. on 
November 1, 2008 until 5 p.m. March 1, 2009, the Route 35Bridge, mile 
1.1, at Brielle may remain in the closed position tonavigation.
    (m) The draw of Cape May Canal Railroad Bridge across Cape MayCanal, 
mile 115.1, at Cape May shall operate as follows:
    (1) The draw shall be maintained in the open position; the drawmay 
close only for the crossing of trains and maintenance of thebridge. When 
the draw is closed for a train crossing a bridge tendershall be present 
to reopen the draw after the train has cleared thebridge. When the draw 
is closed for maintenance a bridge tender shallbe present to open the 
draw upon signal.
    (2) Train service generally operates as follows (please contactCape 
May Seashore Lines for current train schedules):
    (i) Winter (generally December through March): In general, thereis 
no train service, therefore the bridge is unmanned and placed inthe full 
open position.
    (ii) Spring (generally April through May and Fall 
(generallySeptember through November): Generally weekend service only: 
Fridaythrough 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 
openposition.
    (iii) Summer Service (generally June through August): Daily 
trainservice starting at 10 a.m. and ending 7:30 p.m.
    (3) When a vessel approaches the drawbridge with the draw in theopen 
position, the vessel shall give the opening signal. If noacknowledgement 
is received within 30 seconds, the vessel may proceed,with caution, 
through the open draw. When the draw is open and will beclosing 
promptly, the drawbridge will generally signal using soundsignals or 
radio telephone.
    (4) Opening of the draw span may be delayed for ten minutes aftera 
signal to open except as provide in (117.31(b). However, if a trainis 
moving toward the bridge and has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,the train 
may continue across the bridge and must clear the bridgeinterlocks as 
soon as possible in order to prevent unnecessary delaysin the opening of 
the draw.

[CGD05-97-003, 63 FR 2311, Jan. 15, 1998, asamended 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;USCG-2007-0026, 73 FR 5749, Jan. 
31, 2008]

    Effective Date Note: By CGD05-05-079, 71FR 10435, Mar. 1, 2006, 
corrected at 71 FR 14804, Mar. 24, 2006,Sec. 117.733 was amended by 
suspending paragraph (a) andadding paragraph (l), effective Apr. 17, 
2006, through Mar. 1, 2009.By CGD05-05-131, 71 FR 67303, Nov. 21, 2006, 
anamendment revised paragraph (b)(2) but could not be 
incorporatedbecause 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 atleast a 
twenty-four hour notice is given by calling the number postedat the 
bridge. The owner of this bridge shall provide and keep in goodlegible 
condition clearance gauges with figures not less than eightinches high, 
designed, installed and maintained according to theprovisions 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 thiswaterway:
    (a) Public vessels of the United States, state or local vesselsused 
for public service, and vessels in distress shall be passedthrough the 
draw without delay. The opening signal from

[[Page 625]]

thesevessels is four or more short blasts of a whistle or horn or a 
radiorequest.
    (b) The owners of these bridges shall provide and keep in 
goodlegible condition two board gages painted white with black figures 
notless than 12 inches high to indicate the vertical clearance under 
theclosed draw at all stages of the tide. The gages shall be so placed 
onthe bridge that they are plainly visible to operators of 
vesselsapproaching the bridge either up or downstream.
    (c) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed five minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,the train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping.

[CGD3 85-42, 50 FR 26712, June 28, 1985]



Sec. 117.736  Oceanport Creek.

    The drawspan for the New Jersey Transit Rail OperationsDrawbridge, 
mile 8.4 near Oceanport, must open on signal from May 15through 
September 15 between 5 a.m. and 9 p.m.; except that, thedrawspan need 
not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.mon weekdays, 
excluding all federal holidays except for Martin LutherKing Day. The 
drawspan must open on signal upon four hours notice fromMay 15 through 
September 15 between 9 p.m. and 5 a.m., and fromSeptember 16 through May 
14; except that, the drawspan need not beopened from 6 a.m. to 7:45 a.m. 
and 5:30 p.m. to 7:30 p.m. onweekdays, excluding all federal holidays 
except for Martin Luther KingDay. Public vessels of the United States 
must be passed as soon aspossible 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 
Conrailrailroad bridge, mile 4.0 at Jumbo, and the Salem County bridge, 
mile5.1 at Pedricktown, need not be opened for the passage of 
vessels.However, the draws of any of these bridges shall be restored 
tooperable condition within six months after notification by theDistrict 
Commander to do so.



Sec. 117.738  Overpeck Creek.

    (a) The draws of the Conrail and the New York, Susquehanna 
andWestern 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 
isgiven.
    (2) Public vessels of the United States must be passed through 
thedrawspan of each drawbridge as soon as possible.
    (3) The owners of these bridges shall provide and keep in 
goodlegible condition two board gages painted white with black figures 
notless than 12 inches high to indicate the vertical clearance under 
theclosed draw at all stages of the tide. The gages shall be so placed 
onthe bridge that they are plainly visible to operators of 
vesselsapproaching the bridge either up or downstream.
    (b) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed five minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,the train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended byUSCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec. 117.739  Passaic River.

    (a) The following requirements apply to all bridges in thissection 
across the Passaic River:
    (1) The owners of these bridges shall provide, and keep in 
goodlegible condition, clearance gauges with figures not less than 
twelve(12) inches high designed, installed and maintained according to 
theprovisions of Sec. 118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews 
shallconsist of an adequate number of operators to ensure NJTRO bridges 
areoperated according to the requirements of this section.

[[Page 626]]

    (b) The draw of the Routes 1 & 9 (Lincoln Highway)Bridge, mile 1.8, 
at Newark, shall open on signal if at least fourhours notice is given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile2.6, 
at Newark, shall open on signal if at least four hours notice isgiven 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 
onsignal if at least four hours notice is given by calling the 
numberposted at the bridge.
    (e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, 
shallopen 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 
drawneed not be opened. At all other times, an opening may be delayed 
nomore 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 
onsignal if at least four hours notice is given by calling the 
numberposted 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 atleast one 
hour advance notice is given to the drawtender at Upper HackBridge mile 
6.9, across the Hackensack River at Secaucus, N.J. In theevent the HX 
drawtender is at the Lower Hack Bridge, mile 3.4 on theHackensack River, 
at Jersey City then up to an additional half hourdelay in opening is 
permitted. After the signal to open is given, theopening may be delayed 
no more than ten minutes. From 7:15 a.m. to 9a.m. and from 4:30 p.m. to 
6:50 p.m., Monday through Friday exceptfederal holidays, the draw need 
not open.
    (h) The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, 
shallopen on signal if at least 24 hours notice is given by calling 
thenumber posted at the bridge.
    (i) The draw of the Clay Street Bridge, mile 6.0, shall open 
onsignal if at least four hours notice is given by calling the 
numberposted at the bridge.
    (j) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, 
atKearney, shall open on signal from 7 a.m. to 11 p.m. if at least 
eighthours notice is given. After the signal to open is given, the 
openingmay be delayed no more than ten minutes. From 11 p.m. to 7 a.m., 
thedraw need not be opened.
    (k) The draw of the Route 7 (Rutgers Street) Bridge, mile 8.9, 
atBelleville, shall open on signal if at least four hours notice 
isgiven.
    (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 
signalafter at least a 24 hour notice is given by calling the number 
postedat the bridge.
    (n) The draw of the Route 3 Bridge, mile 11.8, shall open onsignal 
after at least a 24 hour notice is given by calling the numberposted at 
the bridge.
    (o) The draw of the following bridges need not be opened for 
thepassage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) West Eighth Street Bridge, mile 15.3, at Garfield.
    (p)-(t) [Reserved]

[CGD01-95-171, 62 FR 6485, Feb. 12, 1997, asamended 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]



Sec. 117.741  Raccoon Creek.

    (a) The draw of the Route 130 highway bridge, mile 1.8 atBridgeport, 
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 atBridgeport, 
shall operate as follows:
    (1) From March 1 through November 30, the draw shall be left inthe 
open position at all times and will only be closed for the passageof 
trains and to perform periodic maintenance authorized in accordancewith 
subpart A of this part.

[[Page 627]]

    (i) Trains shall be controlled so that any delay in openingof the 
draw shall not exceed ten minutes except as provided inSec. 117.31(b).
    (ii) Before the bridge closes for any reason, a train crewmemberwill 
observe the waterway for approaching craft, which will be allowedto 
pass. A train crewmember will then operate the bridge byradiophone. The 
bridge shall only be closed if a train crewmember'svisual inspection 
shows that the channel is clear and there are novessels transiting in 
the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the fullopen 
to the full closed position, a train crewmember will maintainconstant 
surveillance of the navigational channel to ensure noconflict with 
maritime traffic exists. In the event of failure orobstruction, the 
train crewmember will stop the bridge and return thebridge to the open 
position.
    (iv) The CONRAIL Railroad channel traffic lights will change 
fromflashing green to flashing red anytime the bridge is not in the 
fullopen position.
    (v) During closing of the span, the channel traffic lights 
willchange from flashing green to flashing red, the horn will sound 
fourtimes, followed by a pause, then the four blasts will be repeated 
andthe bridge will close. When the rail traffic has cleared the 
swingspan, the horn will automatically sound five times to signal the 
drawof the CONRAIL Railroad Bridge is about to return to its full 
openposition.
    (vi) During open span movement, the channel traffic lights will 
beflashing red, the horn will sound four times, followed by a pause,then 
four blasts will be repeated until the bridge is in the full 
openposition. In the full open position, the channel traffic lights 
willthen turn from flashing red to flashing green.
    (2) At all other times, the draw may be left in the closedposition 
and opened on signal if at least four hours notice is givenby 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 theperformance 
of maintenance authorized in accordance with subpart A ofthis part.
    (b) The draw shall be remotely operated by a bridge/traindispatcher 
located at the Conrail Dispatch Office at Mount Laurel, NewJersey.
    (c) A marine traffic light system shall be maintained at thebridge 
and display flashing green lights to indicate that vessels maypass 
through the bridge, and flashing red lights anytime the bridge isnot in 
the full open position.
    (d) An infrared sensor system shall be maintained at the bridge 
todetermine that no conflict with vessel traffic exists while the 
bridgeis closing.
    (e) Before the bridge may be closed from the remote location, anon-
site train crewmember shall observe the waterway for any vesseltraffic. 
All approaching vessels shall be allowed to pass before thebridge may 
close. The on-scene train crewmember shall then communicatewith the 
bridge/train dispatcher at the Conrail Dispatch Office, atMount Laurel, 
either by radio or telephone, to request that the bridgebe closed.
    (f) While the bridge is moving from the full open to full 
closedposition, the bridge/train dispatcher shall maintain 
constantsurveillance of the navigational channel at the bridge using 
theinfrared sensor system.
    (g) If the infrared sensors detect a vessel or other 
obstructionapproaching or under the bridge before the draw is fully 
lowered andlocked, the closing sequence shall be stopped, automatically, 
and thedraw shall be raised to its full open position until the channel 
isclear.
    (h) During the downward bridge closing movement, the marinetraffic 
light system located at the bridge will change from flashinggreen to 
flashing red, the public address system shall announce thatthe bridge 
shall be closing, and the horn shall sound two times, pause10 seconds, 
then repeat two horn blasts until the bridge is seated andfully locked 
down.

[[Page 628]]

    (i) When all rail traffic has cleared the bridge, thebridge/train 
dispatcher shall sound the horn five-times to signal thatthe draw is 
about to open.
    (j) In the event of a failure, or obstruction to the infraredsensor 
system, the bridge shall immediately be returned to the fullopen 
position until the problem is corrected.
    (k) In the event of a loss of communication between the on-
sitepersonnel and the bridge/train dispatcher, the bridge 
shallimmediately be returned to the full open position until the problem 
iscorrected.
    (l) Should the draw become inoperable from the remote site whilethe 
bridge is in the closed position, a bridge tender, maintenancepersonnel, 
or engineer shall be deployed to be on scene within onehour from the 
time the draw becomes inoperable until the bridge can bereturned to the 
full open position.
    (m) Trains shall be controlled so that any delay in opening of 
thedraw shall not exceed ten minutes after a train has crossed 
thebridge; except, as provided in 33 CFR 117.31(b). However, if a 
trainmoving toward the bridge has crossed the home signal for the 
bridge,the train may continue across the bridge and must clear the 
bridgeinterlocks 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 
theRancocas River (Creek):
    (1) Public vessels of the United States must be passed through 
thedrawspan of each drawbridge as soon as possible without delay 
atanytime. The opening signal from these vessels is four or more 
shortblasts of a whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in 
goodlegible condition clearance gauges for each draw with figures not 
lessthan 12 inches high designed, installed and maintained according 
tothe provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delayin 
opening the draw span shall not exceed ten minutes. However, if atrain 
moving toward the bridge has crossed the home signal for thebridge 
before the signal requesting opening of the bridge is given,that train 
may continue across the bridge and must clear the bridgeinterlocks 
before stopping or reversing.
    (b) The drawspans for the SR543 Drawbridge, mile 1.3 
atRiverside and the SR38 Drawbridge, mile 7.8 at Centerton, 
mustoperate as follows:
    (1) From April 1 through October 31 open on signal from 7 a.m. to11 
p.m.
    (2) From November 1 through March 31 from 7 a.m. to 11 p.m., openon 
signal if at least 24 hours notice is given, except as provided 
inparagraph (a)(1) of this section.
    (3) Year round from 11 p.m. to 7 a.m. need not open for thepassage 
of vessels, except as provided in paragraph (a)(1) of thissection.

[CGD5 91-054, 58 FR 40591, July 29, 1993, as amended byUSCG-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, from7:30 
a.m. to 10 a.m. and 5 p.m. to 7:30 p.m., the draws may be openedfor the 
passage of vessels for periods no longer than 10 minutes orremain closed 
for the passage of land traffic for no longer than 10minutes. Public 
vesels of the United States and state or local vesselsused for public 
safety shall be passed at any time. The owners of eachbridge shall 
maintain a tug at the drawbridge to control and aid inthe passage of 
vessels. The owners shall provide and keep in goodlegible condition two 
board gages painted white with black figures notless than eight inches 
high to indicate the vertical clearance underthe closed draw at all 
stages of the tide. The gages shall be soplaced on the bridges that they 
are plainly visible to operators ofvessels 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 onsignal 
if at least 24 hours notice is given.

[[Page 629]]



Sec. 117.750  Schellenger Creek.

    The draw of the Cape May County bridge, mile 0.3 at Cape May, 
neednot 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 providesignal 
systems so connected that the operator of any of the bridgesmay 
simultaneously notify the operators of the other two. The operatorof the 
first bridge to be passed shall be responsible for observingthe approach 
of vessels, for receiving and acknowledging signals, andfor coordinating 
the opening of the other draws.
    (b) The draws shall open on signal; except that, from May 15through 
September 30 from 4 p.m. to 7 p.m. Monday through Fridayexcept 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 hourif a vessel is waiting 
to pass.
    (c) The owners of the bridges shall provide and keep in goodlegible 
condition two board gages painted white with black figures notless than 
eight inches high to indicate the vertical clearance underthe closed 
draw at all stages of the tide. The gages shall be soplaced on the 
bridges that they are plainly visible to operators ofvessels 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 
SomersPoint and Ocean City, shall open:
    (a) From 11 p.m. to 7 a.m., on signal, if at least 24 hoursadvance 
notice is given.
    (b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., onthe 
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, 
shallopen on signal; except that:
    (1) From 11 p.m. to 7 a.m. the draw shall open on signal after 
atleast a 4-hour advance notice is given by calling the number posted 
atthe bridge.
    (2) From May 15 through October 15, 7 a.m. to 8 p.m., the drawneed 
only open on the hour and half hour.
    (3) From December 1 through March 31, the draw shall open onsignal 
at all times after at least a 4-hour advance notice is given bycalling 
the number posted at the bridge.
    (4) The owners of the bridge shall provide and keep in goodlegible 
condition, two clearance gauges, with figures not less thaneight inches 
high, designed, installed, and maintained according tothe provisions of 
Sec. 118.160 of this chapter.
    (b) The draw of the Monmouth County highway bridge, mile 4.0, atSea 
Bright, shall open on signal; except that, from May 15 throughSeptember 
30, on Saturdays, Sundays, and holidays, from 9 a.m. to 7p.m., the draw 
need open only on the hour and half hour. The draw neednot be opened at 
any time for a sailboat, unless it is under auxiliarypower or is towed 
by a powered vessel. The owners of the bridge shallkeep in good legible 
condition two clearance gages, with figures notless than eight inches 
high, designed, installed and maintainedaccording to the provisions of 
Sec. 118.160 of this chapter.

[CGD01-99-010, 64 FR 44130, Aug. 13, 1999, asamended 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 openon 
weekdays (exclusive of holidays) from December 1 through the lastday of 
February if at least four hours notice is given. From March 1through 
November 30, and December 1 through the last day of Februaryon weekends 
and holidays the draw shall be maintained open tonavigation except for 
closure to accommodate passage of a train. The

[[Page 630]]

draw shall be opened as soon as possible at all times for passageof 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 openon 
signal except:
    (a) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March 
ofevery year, the draw need not open for vessels. If the fourth 
Sundayfalls on a religious holiday, the draw need not open from 9:15 
a.m. to2:30 p.m. on the third Sunday of March of every year.
    (b) From 11 p.m. on December 24 until 11 p.m. on December 25, 
thedraw need open only if at least two hours notice is given.

[USCG-2007-0026, 73 FR 5749, Jan. 31, 2008]



Sec. 117.758  Tuckahoe River.

    The draw of the State highway bridge, mile 8.0 at Tuckahoe, 
shallopen on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984. Redesignated byCGD05-06-045, 71 
FR 59383, Oct. 10, 2006]



Sec. 117.759  Wading River.

    The draw of the Burlington County highway bridge, mile 5.0 atWading 
River, shall open on signal if at least 24 hours notice isgiven.



Sec. 117.761  Woodbridge Creek.

    The draws of the State Street bridge, mile 0.5, and the 
railroadbridge, mile 0.6, both at Sewaren, shall open on signal if at 
leastfour hours notice is given.

                                New York



Sec. 117.769  Black Rock Canal.

    The draws of the Ferry Street bridge, mile 2.6, and CanadianNational 
Railway bridge, mile 3.8, both at Buffalo, shall operate asfollows:
    (a) From April 15 through November 30, the draws shall open 
onsignal. However, between the hours of 12 midnight and 8 a.m., 
sevendays a week, no bridgetender is required to be in attendance at 
thebridges and the draws shall open on signal if notice is given to 
theowners at least two hours in advance of a vessel's intended time 
ofpassage through the draws.
    (b) From December 1 through April 14, no bridgetender is requiredto 
be in attendance at the bridges and the draws shall open on signalif 
notice is given to the owners at least four hours in advance of 
avessel'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 
theBronx, New York, shall open on signal if at least a two-hour 
advancenotice is given to the New York City Department of 
Transportation(NYCDOT) Radio Hotline, or the NYCDOT Bridge Operations 
Office. From 7a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through 
Friday, the bridgeneed not be opened for the passage of vessels.
    (b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, NewYork, 
need not be opened for the passage of vessels.
    (c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and 
theConrail Bridge, mile 1.6, both at the Bronx, New York, shall 
provideand keep in good legible condition two clearance gauges 
designed,installed and maintained in accordance with the provisions 
ofSec. 118.160 of this chapter.

[CGD01-97-018, 62 FR 54385, Oct. 20, 1997, asamended 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 within20 
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 onsignal 
if notice is given at least 4 hours in advance of a vessel'stime of 
intended passage through the draw.
    (b) The draw of the Ohio Street bridge, mile 2.1, at Buffalo,shall 
operate as follows:

[[Page 631]]

    (1) From March 22 through December 15, the draw shall open onsignal 
within 20 minutes after a request is made to the MichiganAvenue 
drawtender. However, the draw need not open from 7:30 a.m. to 9a.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 onsignal 
if notice is given at least 4 hours in advance of a vessel'stime of 
intended passage through the draw.
    (3) In addition to the standard signals required for requestingthe 
bridge to open, the owners of this bridge shall maintain andmonitor a 
marine radiotelephone for use by the Michigan Avenuedrawtender for 
receiving requests for opening the Ohio Street bridge.The drawtender 
shall maintain communications with any transitingvessel until the vessel 
has cleared both the Ohio Street and MichiganAvenue draws.
    (c) The draws of the CSX Transportation railroad bridges, miles4.02 
and 4.39, both at Buffalo, shall open on signal if notice isgiven at 
least 4 hours in advance of a vessel's time of intendedpassage through 
the draws.
    (d) The South Park Avenue bridge, mile 5.3, at Buffalo, shall openon 
signal if notice is given at least 4 hours in advance of a vessel'stime 
of intended passage through the draw. However, the draw need notopen 
from 7 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., Mondaythrough 
Saturday.
    (e) The periods when the bridges need not open on signalprescribed 
in paragraphs (a)(1), (b)(1), and (d) in this section shallnot be 
effective on Sundays, and on New Year's Day, Memorial Day,Fourth of 
July, Labor Day, Thanksgiving Day, Christmas Day, or daysobserved in 
lieu of any of these under State law.

[CGD09-95-022, 61 FR 10467, Mar. 14, 1996, asamended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec. 117.779  Eastchester Bay (Arm of).

    The draw of the highway bridge, mile 2.2 between Rodman Neck andCity 
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 
localvessels used for public safety, and vessels in distress shall 
bepassed through the draws of each bridge as soon as possible 
withoutdelay at anytime. The opening signal from these vessels shall be 
fouror more short blasts of a whistle, horn or radio request.
    (b) The owners of each bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw with figures not lessthan 12 
inches high designed, installed and maintained according tothe 
provisions of Sec. 118.160 of this chapter.
    (c) The draw of the Roosevelt Island bridge shall open on signalif 
at least two hour advance notice is given to the drawtender at theGrand 
Street/Avenue bridge, mile 3.1 across Newtown Creek (EastBranch), the 
New York Department of Transportation (NYCDOT) RadioHotline or NYCDOT 
Bridge Operations Office. In the event thedrawtender is at Borden Avenue 
or Hunters Point Avenue bridges mile1.2 and 1.4, respectively, across 
Dutch Kills, up to an additionalhalf 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 
indistress, and vessels seeking shelter from rough weather shall 
bepassed through the bridges as soon as possible.
    (2) Clearance gages of a type approved by the Commander, NinthCoast 
Guard District, shall be installed on the upstream anddownstream sides 
of each drawbridge by and at the expense of the ownerof or agency 
controlling the bridge and the gages shall be kept ingood repair and 
legible condition.
    (b) The draw of the CSX Transportation bridge, mile 0.9 atRochester, 
shall open on signal; except that, from December 15 throughMarch 31, the 
draw shall open on signal if at least 12 hours notice isgiven.

[[Page 632]]

    (c) The draw of the Colonel Patrick Henry O'Rorke MemorialBridge, 
mile 1.2 at Rochester, shall open on signal from April 1through December 
15; however, from 7 a.m. to 9 a.m. and from 4 p.m. to6 p.m. Monday 
through Friday except Federal holidays, the draw need beopened only for 
the passage of commercial vessels. From 9 a.m. to 4p.m. and 6 p.m. to 11 
p.m. Monday through Friday except Federalholidays, and from 7 a.m. to 11 
p.m. on Saturdays, Sundays, andFederal holidays, the draw need be opened 
only on the hour and halfhour, except that commercial vessels shall be 
passed at any time. FromDecember 16 through March 31, the draw shall 
open on signal if atleast 12 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-1999-5832, 64 
FR 34712, June 29, 1999;USCG-2008-0179, 73 FR 35013, June 19, 2008]



Sec. 117.787  Gowanus Canal.

    The draws of the Ninth Street Bridge, mile 1.4, the Third 
StreetBridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the 
UnionStreet Bridge, mile 2.1, at Brooklyn, shall open on signal, if 
atleast a two-hour advance notice is given to the New York 
CityDepartment of Transportation (NYCDOT), Radio Hotline, or the 
NYCDOTBridge Operations Office.

[CGD01-99-067, 65 FR 46870, Aug. 1, 2000]

    Effective Date Note: By CGD01-07-130, 72FR 61058, Oct. 29, 2007, 
Sec. 117.787 was suspended fromNov. 5, 2007 to Jan. 15, 2009.



Sec. 117.788  Gowanus Canal.

    (a) The draws of the Ninth Street Bridge, mile 1.4, the ThirdStreet 
Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and theUnion 
Street Bridge, mile 2.1, at Brooklyn, shall open on signal if atleast a 
two-hour advance notice is given to the New York CityDepartment of 
Transportation (NYCDOT), Radio Hotline, or the NYCDOTBridge Operations 
Office.
    (b) The draw of the Hamilton Avenue Bridge, mile 1.2, shall openon 
signal after at least a four-hour advance notice is given bycalling 
(201) 400-5243. This paragraph is effective fromNovember 7, 2007 to 
January 15, 2009.

[CGD01-07-130, 72 FR 61058, Oct. 29, 2007]

    Effective Date Note: By CGD01-07-130, 72FR 61058, Oct. 29, 2007, 
Sec. 117.788 was added, effectivefrom Nov. 5, 2007 to Jan. 15, 2009.



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 from5 p.m. to 
10 a.m. However, at all times, public vessels of the UnitedStates must 
be passed through the drawspan of each drawbridge, listedin this 
section, as soon as possible.
    (b) The draws of the railroad bridges across this waterway neednot 
open on signal from the time an express passenger train scheduledto 
cross the bridge is within five minutes of the bridge until thetrain has 
crossed the bridge.
    (c)(1) The draws of the bridges at 103 Street, mile 0.0, 
WillisAvenue, 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, 
andthe 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 
CityHighway 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 forvessel 
traffic at various times between 8 a.m. and 5 p.m. on the firstSunday in 
May and November. The exact time and date of each bridgeclosure will be 
published in the Local Notice to Mariners severalweeks 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 hoursnotice 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 thissection, from 
10 a.m. to 5 p.m., if at least a four-hour advancenotice 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

[[Page 633]]

signal at any time, except as provided in paragraph(b) of this section.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984, as amended byCGD01-01-048, 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 
assoon as possible at any time for the passage of the following vessels:
    (1) Downbound vessels during a freshet of a height exceeding 
anelevation 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 notremain 
open for more than 15 minutes and may remain closed for up to10 minutes 
to allow accumulated land traffic to pass.
    (c) The draw of the CSX Transportation bridge, mile 146.2 
betweenAlbany and Rensselaer, shall open on signal; except that, 
fromDecember 16 through March 31, the draw shall open on signal if 
atleast 24 hours notice is given.
    (d) The draw of the state highway bridge, mile 150.2 between Troyand 
Menands, need not be opened for the passage of vessels.
    (e) The draw of the highway bridge, mile 152.7 between Troy andGreen 
Island, operates as follows:
    (1) From April 1 through December 15, the draw shall open onsignal 
from 9 a.m. to 4 p.m.; except that, the draw need not be openedfrom 6 
p.m. to 7 a.m., unless notice is given before 4:30 p.m. of thetime the 
vessel is expected to pass, and need not open from 7 a.m. to9 a.m. and 4 
p.m. to 6 p.m.
    (2) From December 16 through March 31, the draw need not beopened.
    (f) The draws of the 112th Street bridge, mile 155.4 between Troyand 
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., ifnotice 
is given, before 4:30 p.m., of the time the vessel is expectedto 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 isinoperative, 
the drawspans need not be opened for the passage ofvessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended at49 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 acrossHutchinson 
River (Eastchester Creek):
    (1) The owners of each bridge shall provide and keep in goodlegible 
condition clearance gauges for each draw with figures not lessthan 12 
inches high designed, installed and maintained according tothe provision 
of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delayin 
opening the draw shall not exceed ten minutes except as provided inSec. 
117.31(b). However, if a train moving toward the bridgehas crossed the 
home signal for the bridge before the signalrequesting opening of the 
bridge is given, the train may continueacross the bridge and must clear 
the bridge interlocks beforestopping.
    (3) Except as provided in paragraphs (b) and (c) of this sectioneach 
draw shall open on signal.
    (b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, atthe 
Bronx, New York shall open on signal if at least a two-hour noticeis 
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, shallopen 
on signal from three hours before to three hours after thepredicted high 
tide. For the purposes of this section, predicted hightide occurs four 
hours after predicted high water for New York(Battery), as given in the 
tide tables published by private entitiesusing data provided by the 
National Ocean Service.
    (1) At all other times, the bridge shall open on signal if atleast 
four

[[Page 634]]

hours advance notice is given to the WestchesterCounty Road Maintenance 
Division during normal work hours or to theCounty's Parkway Police at 
all other times.
    (2) The bridge tender shall honor requests for opening within 
sixhours after predicated high water if such request is given to 
thebridge tender while he or she is on station (three hours before 
tothree hours after predicted high tide).

[CGD01-93-009, 58 FR 42859, Aug. 12, 1993, asamended 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 
RockawayInlet, shall open on signal Monday through Friday from 8 a.m. to 
4p.m. At all other times, the draw shall open on signal if at leasteight 
hours notice is given; however, the draw shall open on signal ifat least 
a one hour notice is given for the passage of U.S. Navy orNational 
Oceanic and Atmospheric Administration vessels.
    (b) The draws of the New York City highway bridge, mile 0.8 
acrossMill Basin on Belt Parkway, need not be opened for the passage 
ofvessels from noon to 9 p.m. on Sundays from May 15 to September 30,and 
on Memorial Day, Independence Day, and Labor Day. However, onthese days, 
from two hours before to one hour after predicted hightide, the draw 
shall open on signal. For the purpose of this section,predicted high 
tide occurs 15 minutes later than that predicted forSandy Hook, as given 
in the tide tables published by private entitiesusing data provided by 
the National Ocean Service. At all times,public vessels of the United 
States and state or local vessels usedfor public safety shall be passed 
as soon as possible.
    (c) The draw of the Beach Channel railroad bridge shall open 
onsignal; except that, the draw need not open for the passage of 
vesseltraffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., 
Mondaythrough Friday, except Federal holidays.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended byUSCG-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; 72 FR 50876,Sept. 5, 2007]



Sec. 117.797  Lake Champlain.

    (a) The drawspan for each drawbridge listed in this section mustopen 
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 
asfollows:
    (1) The draw shall open on signal on the hour and the half hourfrom 
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 October15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given bycalling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16th through May14th 
if at least four hours notice is given by calling the numberposted at 
the bridge.
    (c) The draw of the Central Vermont Railway bridge acrossMissisquoi 
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 7a.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 noticeis 
given.
    (d) The draw of the SR78 bridge, mile 105.9 across the entrance 
toMissisquoi 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 byCGD3 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]

[[Page 635]]



Sec. 117.799  Long Island, New York Inland Waterway from East Rockaway Inlet toShinnecock Canal.

    (a) At all times, public vessels of the United States must bepassed 
through the drawspan of each drawbridge listed in this sectionas soon as 
possible.
    (b) The draw of each bridge listed in this section need not beopened 
for sailing vessels, unless the vessels are under machinerypower or 
under tow, if an opening would unduly delay other vessel orvehicular 
traffic.
    (c) The owners of the bridges listed in this section shall 
provideand keep in good legible condition two board gages painted white 
withblack figures not less than eight inches high to indicate the 
verticalclearance under the closed draw at all stages of the tide. The 
gagesshall be so placed on the bridges that they are plainly visible 
tooperators of vessels approaching the bridges either up or downstream.
    (d) The draws of the West Bay bridge, mile 0.1 across QuantuckCanal, 
Beach Lane bridge, mile 1.1 across Quantuck Canal, Quoquebridge, mile 
1.1 across Quoque Canal and the Smith Point bridge, mile6.1 across 
Narrow Bay shall open on signal from October 1 throughApril 30 from 8 
a.m. to 4 p.m. and from May 1 through September 30from 6 a.m. to 10 p.m. 
At all other times during these periods, thedraws shall open as soon as 
possible but no more than one hour after arequest 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 beopened 
only on the hour and half-hour from 4 p.m. to 7 p.m. onweekdays and from 
11 a.m. to 9 p.m. on Saturdays, Sundays, MemorialDay, Independence Day, 
and Labor Day; and
    (3) From May 15 through September 30, from two hours before to 
onehour after predicted high tide. Predicted high tide occurs 10 
minutesearlier than that predicted for Sandy Hook, as given in the tide 
tablepublished by the National Oceanic and Atmospheric Administration.
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile0.7, 
shall open on signal every other hour on the even hour; exceptthat, from 
April 1 through October 31 on Saturdays, Sundays, andFederal holidays, 
the draw shall open on signal every three hoursbeginning at 3 a.m. If an 
opening is desired at other than a scheduledtime, notice may be given 
from the telephone located on either side ofthe 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 onsignal 
if at least four hours notice is given; and
    (2) From 3 p.m. to 8 p.m. on Saturdays, Sundays, and holidays 
fromMay 15 through September 30, the draw need be opened only on the 
hourand half hour.
    (3) From 10 p.m. to midnight on July 3 each year the draw need 
notopen 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 
hournotice is given to the New York State Department of Transportation, 
asfollows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31, on Saturdays, Sundays, 
andFederal holidays, every three hours beginning at 1:30 a.m. Notice 
maybe given from the telephone located at the moorings on each side 
ofthe bridge or by marine radio.
    (3) From 9 p.m. to midnight, on the Fourth of July, theMeadowbrook 
State Parkway Bridge need not open for the passage ofvessel traffic.
    (i) The draws of the Wantagh State Parkway bridge, mile 16.1across 
Goose Creek, and the Captree State Parkway bridge, mile 30.7across State 
Boat Channel at Captree Island, shall open on signal ifat least one half 
hour notice is given to the New York StateDepartment of Transportation, 
as follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31 on Saturdays, Sundays, 
andFederal holidays, every three hours beginning at 3 a.m. Notice may 
begiven from the telephone located at the moorings on

[[Page 636]]

each bridgeor 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 passageof 
vessel traffic between 7 a.m. to 5 p.m., daily, except as providedin 
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 thehour and 
half-hour, except as provided in paragraph (j)(3) of thissection.
    (3) From one-hour before to one-hour after the predicted hightide, 
two moveable spans may be opened for the passage of vesseltraffic, 
provided at least a two-hour advance notice is given bycalling the 
number posted at the bridge. For the purposes of thissection, predicted 
high tide occurs 10 minutes earlier than thatpredicted for Sandy Hook, 
as given in the tide tables published by theNational Oceanic and 
Atmospheric Administration.

[CGD3 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD3 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. 117.800  Mill Neck Creek.

    The draw of the Bayville Bridge, mile 0.1, at Oyster Bay, NewYork, 
shall open on signal between 7 a.m. and 11 p.m., from May 1through 
October 31, and between 7 a.m. and 5 p.m., Monday throughFriday, from 
November 1 through April 30. At all other times the drawshall open on 
signal provided at least a two-hour advance notice isgiven by calling 
the number posted at the bridge.

[USCG-2008-0010, 73 FR 29690, May 22, 2008]



Sec. 117.801  Newtown Creek, Dutch Kills, English Kills and their tributaries.

    (a) The following requirements apply to all bridges across 
NewtownCreek, 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, 
shallprovide and keep in good legible condition two clearance gauges 
withfigures not less than 12 inches high designed, installed 
andmaintained according to the provisions of Sec. 118.160 ofthis 
chapter.
    (2) Trains and locomotives shall be controlled so that any delayin 
opening the draw shall not exceed five minutes. If a train movingtoward 
the bridge has crossed the home signal for the bridge beforethe request 
to open the bridge is given, that train may continueacross 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 
MovementBureau, except as provided in paragraph (a)(2) of this section.
    (c) The draw of the Borden Avenue Bridge, mile 1.2, across 
DutchKills at Queens, shall open on signal if at least a two-hour 
advancenotice 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, 
acrossDutch Kills at Queens, shall open on signal if at least a two-
houradvance notice is given to the New York City Department 
ofTransportation (NYCDOT) Radio Hotline or the NYCDOT Bridge 
OperationsOffice.
    (e) The draw of the Metropolitan Avenue Bridge, mile 3.4, 
acrossEnglish Kills at New York City, shall open on signal if at least 
atwo-hour advance notice is given to the New York City Department 
ofTransportation (NYCDOT) Radio Hotline or the NYCDOT Bridge 
OperationsOffice.
    (f) The draw of the Grand Street/Avenue Bridge, mile 3.1, 
acrossNewtown Creek (East Branch) between Brooklyn and Queens, shall 
open onsignal if at least a two-hour advance notice is given to the New 
YorkCity Department of Transportation (NYCDOT) Radio Hotline or the 
NYCDOTBridge Operations Office.
    (g)(1) The draw of the of the Pulaski Bridge, mile 0.6, and 
theGreenpoint Avenue Bridge, mile 1.3, shall open on

[[Page 637]]

signal if atleast a two hour advance notice is given to the New York 
CityDepartment of Transportation Radio (Hotline) Room.
    (2) The Pulaski Bridge, mile 0.6, need not open for vessel trafficat 
various times between 8 a.m. and 5 p.m. on the first Sunday in bothMay 
and November. The exact time and date of the bridge closure willbe 
published in the Local Notice to Mariners several weeks prior tothe 
first Sunday of both May and November.

[CGD01-99-069, 65 FR 46872, Aug. 1, 2000, asamended 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 
12midnight to 6 a.m. from May 1st through October 31st by calling 
thenumber posted at the bridge.
    (2) twenty-four hours advance notice shall be given for openingsfrom 
8 p.m. to 8 a.m. from November 1st through April 30th by callingthe 
number posted at the bridge.
    (b) The owner of the bridge shall provide, and keep in goodlegible 
condition, clearance gauges with figures not less than twelve(12) inches 
high designed, installed, and maintained according to theprovisions 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 
atBuffalo, 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 
beopened for the passage of vessels.



Sec. 117.809  Tonawanda Creek.

    The draw of the Penn Central Corporation railroad bridge, mile 0.1at 
Tonawanda, is permanently maintained in the open position.



Sec. 117.811  Tonawanda Harbor.

    The draw of the Tonawanda Island Railroad bridge, mile 0.2 
betweenNorth Tonawanda and Tonawanda Island, shall open on signal if at 
least24 hours notice is given.



Sec. 117.813  Wappinger Creek.

    The draw of the Metro-North Commuter railroad bridge, mile 0.0 atNew 
Hamburg, need not be opened for the passage of vessels. However,the draw 
shall be returned to operable condition within six monthsafter 
notification by the District Commander to do so.



Sec. 117.815  Westchester Creek.

    The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, atthe 
Bronx, New York, shall open on signal if at least a two-houradvance 
notice is given to the New York City Department ofTransportation 
(NYCDOT) radio hotline, or the NYCDOT Bridge OperationsOffice. The draw 
need not be opened for vessel traffic from 7 a.m. to9 a.m. and 4 p.m. to 
6 p.m., Monday through Friday. The owner of thebridge shall provide 
clearance gauges according to the provisions ofSec. 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 DismalSwamp Canal.

    The draw of the Great Dismal Swamp Canal Bridge, mile 28.0 atSouth 
Mills, NC, shall operate as follows:
    (a) The draw shall remain in the open position for navigation. 
Thedraw shall only be closed for pedestrian crossings or 
periodicmaintenance authorized in accordance with Subpart A of this 
part.
    (b) The bridge shall be operated by the Park Service Rangers atthe 
Great Dismal Swamp Visitors Center. Operational information willbe 
provided 24 hours a day on marine channel 13.
    (c) The bridge shall not be operated when the operator'svisibility 
is impaired.
    (d) Before the bridge closes for any reason, the operator 
willmonitor waterway traffic in the area. The bridge shall only be 
closedif the operator's

[[Page 638]]

visual inspection shows that the channel isclear and there are no 
vessels transiting in the area. While thebridge is moving, the operator 
shall maintain constant surveillance ofthe navigation channel.
    (e) Before closing the draw, the horn will sound five shortblasts. 
Five short blasts of the horn will continue until the bridgeis seated 
and locked down to vessels.
    (f) When pedestrian traffic has cleared, the horn will sound 
oneprolonged blast followed by one short blast to indicate the draw 
isopening 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 
inNorth Carolina shall open on signal for commercial vessels at alltimes 
and on signal for pleasure vessels, except at the times andduring 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 
andhalf 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, 
thedraw need only open on the hour and half hour.
    (4) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between7 
a.m. and 7 p.m., the draw need only open on the hour; except thatfrom 7 
a.m. to 11 a.m. on the third and fourth Saturday in Septemberof every 
year, the draw need not open for vessels due to the Triathlonrun.
    (5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall openon 
the hour on signal between 7 a.m. to 9 p.m.
    (b) If a pleasure vessel is approaching a drawbridge which is 
onlyrequired to open on the hour or on the hour and half hour, and 
cannotreach the drawbridge on the hour or on the half hour, the 
drawtendermay delay the required opening up to 10 minutes past the hour 
or halfhour.

[CGD05-97-072, 63 FR 9419, Feb. 25, 1998, asamended 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;CGD05-07-026; 73 FR 5093, Jan. 29, 2008]



Sec. 117.822  Beaufort Channel, NC.

    The draw of the US 70 bridge, mile 0.1, at Beaufort, shall open 
asfollows:
    (a) From 6 a.m. to 10 p.m., the draw need only open every hour onthe 
hour and on the half hour; except that Monday through Friday thebridge 
need not open between the hours of 6:30 a.m. to 8 a.m. and 4:30p.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, atWilmington 
need not open for the passage of vessel from 8 a.m. to 10a.m. on the 
second Saturday of July of every year, and from 7 a.m. to11 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 at 7:30 a.m. and 5:00 p.m., for any vessel waitingto pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 
throughSeptember 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 
anyvessel waiting to pass.
    (3) Must always open on signal for public vessels of the 
UnitedStates.
    (4) Shall open on signal at all other times.
    (b) The draw of the Atlantic and East Carolina Railway bridge,mile 
80.0 at

[[Page 639]]

Kinston, shall open on signal if at least 24 hoursnotice is given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD5-88-054, 54 FR 
3778, Jan. 26, 1989. Redesignated byCGD05-05-102, 71 FR 5010, Jan. 31, 
2006 and amended byUSCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec. 117.825  Newport River.

    The draw of the Atlantic and East Carolina Railway bridge, mile13.0 
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, 
atWilmington, North Carolina will operate as follows:
    (1) The draw will be closed to pleasure craft from 6 a.m. to 6p.m. 
every day except at 10 a.m. and 2 p.m. when the draw will openfor all 
waiting vessels.
    (2) The draw will open on signal for Government and 
commercialvessels at all times.
    (3) The draw will open for all vessels on signal from 6 p.m. to 
6a.m.
    (4) From 8 a.m. to 10 a.m. on the second Saturday of July of 
everyyear, and from 7 a.m. to 11 a.m. on the second Sunday of November 
ofevery year, the draw need not open for vessels.
    (b) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NCshall 
operate as follows:
    (1) The draw of the bridge to be remotely operated by thecontroller 
at the Navassa Railroad Bridge mile 34.0 across the CapeFear River.
    (2) The draw shall be left in the open position to vessels andwill 
only be closed for the passage of trains and to perform 
periodicmaintenance authorized in accordance with Subpart A of this 
part.
    (3) Trains shall be controlled so that any delay in opening of 
thedraw shall not exceed ten minutes except as provided in 117.31(b).
    (4) The CSX Hilton Railroad Bridge shall not be operated by 
thecontroller at the CSX Navassa Railroad in the event of failure 
orobstruction of the motion sensors, laser scanners, video cameras 
ormarine-radio communications. In these situations, a bridge tender 
mustbe called to operate the bridge on-site.
    (5) When rail traffic has cleared, the horn will automaticallysound 
one prolonged blast followed by one short blast to indicate thatthe CSX 
Hilton Railroad Bridge is moving to the full open position tovessels. 
During open span movement, the channel traffic lights willflash red, 
until the bridge is in the full open position to vessels.In the full 
open position to vessels, the bridge channel trafficlights will flash 
green, allowing vessels to pass safely.
    (6) During closing span movement, the channel traffic lights 
willflash red, the horn will sound five short blasts, and an audio 
voice-warning device will announce bridge movement. Five short blasts of 
thehorn will continue until the bridge is seated and locked down. 
Whenthe bridge is seated and in the locked down position to vessels, 
thechannel traffic lights will continue to flash red.
    (c) The draw of the Seaboard System Railroad Bridge across 
theNortheast Cape Fear River, mile 27.0, at Castle Hayne, North 
Carolinashall open on signal if at least four hours notice is given.

[CGD05-02-014, 67 FR 70554, Nov. 25, 2002, asamended 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 onsignal if at 
least 24 hours notice is given. The bridge owners shallrestore constant 
attendance when so directed by the DistrictCommander.



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 inthe open 
position; the draw may close only for the crossing of trainsand 
maintenance of the bridge. When the draw is closed, a bridgetendershall 
be present to reopen the draw after the train has cleared thebridge.
    (b) The draw of the US 158 Highway Bridge, mile 50.7, at 
ElizabethCity, shall open on signal; except that between 7 a.m. and 9 
a.m., and4 p.m. and 6 p.m., Monday through Friday, the draw need open 
only at7:30 a.m., 8:30

[[Page 640]]

a.m., 4:30 p.m., and 5:30 p.m. for any pleasurevessels waiting to pass.

[CGD05-94-118, 60 FR 40098, Aug. 7, 1995, asamended 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 
onsignal from 8 a.m. to midnight from April 1 through September 30 
andfrom 10 a.m. to 10 p.m. from October 1 through March 31. The draw 
neednot 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 
atPalmyra, 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 waitingto pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 
throughSeptember 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 
vesselwaiting to pass.
    (3) Must always open on signal for public vessels of the 
UnitedStates.
    (4) Shall open on signal at all other times.
    (b) The draws of the Seaboard System Railroad bridge, mile 18.0near 
Pollocksville, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD5-88-53, 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 emergencyvessels and on 
the hour and half hour for all other vessels.
    (b) The draw of the Norfolk Southern bridge, mile 1.5 atAshtabula, 
shall open on signal from April 1 through November 30 from7 a.m. to 11 
p.m. At all other times the draw shall open on signal ifat least 24 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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, shallopen 
on signal Tuesday through Friday if the Conrail office isnotified by 
12:01 p.m. on the day preceding the day the opening isrequired. For 
openings Saturday through Monday, the Conrail officeshall be notified by 
12:01 p.m. on Friday specifying which day andtime the opening is 
required. In case of emergency, the draw shallopen as soon as possible.



Sec. 117.850  Black River.

    The draw of the Erie Avenue bridge, mile 0.6, at Lorain shall openon 
signal except as follows:
    (a) From April 1 through December 31--
    (1) From 7 a.m. to 6 p.m., Monday through Friday, except 
legalholidays, the draw need open only on the hour and half-hour 
forpleasure craft; however, the draw need not open for pleasure craft 
at8 a.m., 3 p.m., 4 p.m. and 5 p.m. For commercial vessels the drawshall 
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-

[[Page 641]]

hour for pleasurecraft. For commercial vessels the draw shall open on 
signal as soon aspossible.
    (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 thebridge 
shall open on signal for pleasure craft and commercial vesselsif at 
least a one hour advance notice is given.
    (b) From January 1 through March 31, the draw shall open on 
signalfor pleasure craft and commercial vessels if at least a twelve 
houradvance notice is given.
    (c) At all times, the draw shall open as soon as possible forpublic 
vessels of the United States, state or local government vesselsused 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 
governmentvessels used for public safety, vessels in distress and 
vesselsseeking shelter from rough weather shall be passed through the 
drawslisted in this section as soon as possible. Except as provided 
inparagraph (c)(1)(ii) with respect to the Monroe Street 
bridge,commercial vessels shall be passed through the draws of this 
sectionas soon as possible.
    (b) The owners of the bridges listed in this section shall 
provideand keep in good legible condition two board gages painted white 
withblack figures to indicate the vertical clearance under the closed 
drawat all stages of the tide. The gages shall be so placed on the 
bridgethat they are plainly visible to operators of vessels approaching 
thebridge either up or downstream.
    (c) The draw of the Monroe Street bridge, mile 0.4 at PortClinton, 
shall open as follows:
    (1) From May 1 through November 30--
    (i) Between the hours of 12 midnight and 6 a.m., the draw shallopen 
on signal.
    (ii) Between the hours of 6 a.m. and 12 midnight, the draw shallopen 
on signal. However, the draw need not open on signal during thistime for 
recreational craft and commercial vessels licensed to carryfifteen or 
less passengers, or less than ten gross tons, unless indistress or 
seeking shelter from rough weather. For these vessels, thedraw need open 
only from three minutes before to three minutes afterthe hour and half-
hour.
    (2) From December 1 through April 30, the draw shall open onsignal 
if at least 24 hours' notice is given.
    (d) The draw of the Norfolk Southern bridge, mile 1.5 at 
PortClinton, shall open on signal. However, from December 1 through 
April30, the draw shall open on signal if at least 24 hours' notice 
isgiven.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09 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 November1 
through November 30 from 8 a.m. to 4 p.m. At all other times, thedraw 
shall open on signal if at least 24 hours notice is given to theChief 
Dispatcher, Central Union Terminal, Toledo.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09 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, 
atToledo, 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 openonly 
from three minutes before to three minutes after the hour andhalf-hour 
with no opening required at 7:30 a.m. and 4:30 p.m. forpleasure 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 openon 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders arerequired 
to be on duty at the bridge and the draw shall open on signalfrom 
December 21 through December 31, if at least a four

[[Page 642]]

houradvance notice is given and from January 1 through March 31, if 
atleast a twelve hour advance notice is given.
    (b) The draw of the Cherry Street highway bridge, mile 4.30 
atToledo, 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 openonly 
from three minutes before to three minutes after the quarter andthree-
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 oftime, 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 openon 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders arerequired 
to be at the bridge and the draw shall open on signal fromDecember 21 
through December 31, if at least a four hour advancenotice is given and 
from January 1 through March 31, if at least atwelve hour advance notice 
is given.
    (c) The draws of the CSX Transportation railroad bridge, mile1.07, 
Norfolk Southern railroad bridge, mile 1.80 and Norfolk Southernrailroad 
bridge, mile 5.76, all at Toledo, shall operate as follows:
    (1) From April 1 through December 20, the draws shall open onsignal 
for all vessels.
    (2) From December 21 through March 31, no bridgetenders arerequired 
to be at the bridges and the draws shall open on signal forcommercial 
vessels and pleasure craft from December 21 throughDecember 31, if at 
least a four hour advance notice is given and fromJanuary 1 through 
March 31, if at least a twelve hour advance noticeis given.
    (d) At all times, the bridges listed in this section shall open 
assoon as possible for public vessels of the United States, state 
orlocal government vessels used for public safety and vessels 
indistress.

[CCGD09 86-11, 51 FR 39858, Nov. 3, 1986, as amended byUSCG-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 
atKnappa, shall open on signal if at least one hour notice is 
given.However, the draw shall open promptly on signal from four hours 
beforeto four hours after each day's authorized commercial fishing 
periodestablished by the Columbia River Compact (Washington State 
Departmentof Fisheries and the Fish Commission of Oregon) for the 
Columbia RiverFishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-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 
atClatskanie, shall open on signal if at least one hours notice isgiven. 
However, the draw shall open promptly on signal from four hoursbefore to 
four hours after each day's authorized commercial fishingperiod 
established by the Columbia River Compact (Washington StateDepartment of 
Fisheries and the Fish Commission of Oregon) for theColumbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byUSCG-2000-7223, 65 
FR 40056, June 29, 2000]



Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 Bridges, mile 106.5, 
betweenPortland, OR, and Vancouver, WA, shall open on signal except that 
thedraws need not be opened for the passage of vessels from 6:30 a.m. 
to9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday 
exceptfederal holidays.
    (b) The draw of the Port of Hood River bridge, mile 169.8 at 
HoodRiver, 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, 
isautomated and is normally maintained in the fully open-to-
navigationposition.

[[Page 643]]

    (1) Lights. All lights required for automated operationshall be 
visible to marine traffic for a distance of at least 2 milesand shall be 
displayed at all times, day and night.
    (i) When the draw is fully open, a steady green light shall 
bedisplayed at the center of the drawspan on both upstream anddownstream 
sides.
    (ii) When the draw is not fully open, a steady red light shall 
bedisplayed at the center of the drawspan on both upstream anddownstream 
sides.
    (iii) When the draw is about to close, flashing yellow lights inthe 
form of a down-pointing arrow shall be displayed at the center ofthe 
drawspan on both upstream and downstream sides.
    (2) Operation. When a train approaches the bridge, theyellow lights 
shall start flashing. After an 8-minute delay, the greenlights shall 
change to red, the drawspan shall lower and lock, and theyellow lights 
shall be extinguished. Red lights shall continue to bedisplayed until 
the train has crossed and the drawspan is again in thefully open 
position. At that time, the red lights shall change togreen.
    (3) Vessels equipped with radiotelephones may contact 
BurlingtonNorthern Santa Fe to obtain information on the status of the 
bridge.Bridge status information also may be obtained by calling 
thecommercial telephone number posted at the drawspan of the bridge.
    (d) The draws of the Interstate 5 Bridges, mile 106.5, 
betweenPortland, OR, and Vancouver, WA, need not open for the passage 
ofvessels 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 
scheduledopenings 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 byCCGD13 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 
NorthBend, shall be maintained in the fully open position, except for 
thecrossing of trains or for maintenance. During foggy weather, a 
fogbell installed in the center of the draw shall be rung 
continuously,striking every 10 seconds. At any time during foggy weather 
when thedraw is closed and passage is not clear for vessels, a siren 
shall besounded continuously. The siren shall be capable of being heard 
at adistance of one mile from the draw. When the bridge is again 
opened,the siren shall be stopped, indicating that the way is clear for 
thepassage 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 2.2near 
Eastside, shall open on signal if at least 12 hours notice isgiven.



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 tothe 
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 isgiven.

[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 0.0near 
Astoria, shall open on signal if at least one hour notice isgiven. 
However, the draw shall open promptly on signal from four hoursbefore to 
four hours after each day's authorized commercial fishingperiod 
established by the Columbia River Compact (Washington StateDepartment of 
Fisheries and the Fish Commission of Oregon) for theColumbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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]

[[Page 644]]



Sec. 117.887  Oregon Slough (North Portland Harbor).

    The draw of the Burlington Northern Santa Fe railroad bridge, 
mile3.2 at Portland, shall open on signal if at least one half 
hoursnotice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 openon 
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 hoursnotice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382,Sept. 24, 1984, as 
amended by USCG-1998-3799, 63 FR35527, June 30, 1998]



Sec. 117.892  South Slough.

    The drawspan for the Oregon State Highway Drawbridge across 
SouthSlough 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 
1through September 30, the drawspan need be opened only on the hour 
andhalf-hour. This exception does not apply to commercial tugs and/
ortows 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 openposition, except 
for the crossing of trains or other railroadequipment or for 
maintenance. During foggy weather when the draw isclosed and the channel 
is not clear for the passage of vessels, a foghorn with an audible range 
of one-half mile from the draw shall besounded. Two clear signals of 
approximately six seconds duration each,repeated at intervals of 60 
seconds from completion of the secondsignal to commencement of the next 
signal, shall be sounded andrepeated from commencement of closure to 
full opening of the draw.When the draw is again in the open position, 
the fog horn shall bestopped, indicating that the channel is clear for 
the passage ofvessels.
    (c) The draw of the US101 bridge across the side channel of 
theUmpqua River, mile 11.1 near Reedsport, need not be opened for 
thepassage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 1.0near 
Astoria, shall open on signal if at least 48 hours notice isgiven.

[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 
atAlbany; and mile 164.3 near Harrisburg, need not open for the 
passageof vessels. However the draws shall be returned to operable 
conditionwithin six months after notification by the District Commander 
to doso.
    (b) The draw of the Oregon State highway bridge, mile 132.1 
atCorvallis, shall open on signal if at least seven days notice isgiven. 
However, the draw need not be opened on Saturdays, Sundays, andFederal 
Holidays.
    (c) The draws of the bridges listed in paragraph (c)(3) of 
thissection shall open on signal if appropriate advance notice is 
givensubject 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. and 4 p.m. to 6 p.m. every Monday through Friday; exceptthat on 
New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving 
Day, and Christmas Day, the draws shall open inaccordance with the 
notice requirements of paragraph (c)(3) below.
    (2) During Rose Festival Week or when the water elevation reachesand

[[Page 645]]

remains above +12 feet, no advance notice is required torequest opening, 
except during the normal closed periods in (c)(1)above.
    (3)(i) Broadway Bridge, Portland, mile 11.7. No advance 
noticerequired, however any periods where the draws are not required to 
beopened do not apply to oceangoing vessels of 750 gross tons or over.
    (ii) Steel Bridge (upper deck only), Portland, mile 12.1. From 8a.m. 
to 5 p.m. Monday through Friday, one hour's notice shall be givenfor 
draw openings. At all other times, two hours notice is required.
    (iii) Burnside Bridge, Portland, mile 12.4. Only single-leafopenings 
will be provided, except that double-leaf openings will beprovided 
during Rose Festival. From 9 a.m. to 4 p.m. Monday throughFriday notice 
at least one hour in advance shall be given for drawopenings. At all 
other times, notice at least two hours in advance isrequired.
    (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 
drawopenings. At all other times, two hours notice is required.
    (v) Hawthorne Bridge, Portland, mile 13.1, no advance 
noticerequired.

[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, mile0.7, 
across Youngs Bay at Smith Point, shall open on signal for thepassage of 
vessels if at least one half-hour notice is given to thedrawtender at 
the Lewis and Clark River Bridge by marine radio,telephone, or other 
suitable means from 7 a.m. to 5 p.m. Mondaythrough Friday and from 8 
a.m. to 4 p.m. on Saturday and Sunday. Atall other times, including all 
Federal holidays but Columbus Day, atleast a two-hour notice by 
telephone is required. The opening signalshall 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 
signalfor the passage of vessels if at least one half-hour notice is 
givento 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. 
Mondaythrough Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At 
allother times, including all Federal holidays but Columbus Day, at 
leasta two-hour notice by telephone is required. The opening signal is 
twoprolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) 
highwaybridge, mile 1.0, across the Lewis and Clark River, shall open 
onsignal for the passage of vessels if at least one half-hour notice 
isgiven 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 
Saturdayand Sunday. At all other times, including all Federal holidays 
butColumbus Day, at least a two-hour notice by telephone is required. 
Theopening 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, shallopen 
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, atEssington, 
will operate as follows:
    (1) The owner of this bridge on this waterway shall provide andkeep 
in good legible condition two board gages painted white withblack 
figures, nine inches high to indicate the vertical clearanceunder the 
closed draw at all stages of the tide. The gages shall be soplaced on 
the bridge that they are plainly visible to operators ofvessels 
approaching the bridge either up or downstream.
    (2) Trains shall be controlled so that any delay in opening of 
thedraw shall not exceed ten minutes except as provided inSec. 
117.31(b). However, if a train moving toward the bridgehas crossed the 
home signal for the bridge before the signalrequesting opening of the 
bridge is given, the train may continueacross the bridge and must clear 
the bridge interlocks beforestopping.

[[Page 646]]

    (3) From April 1 through October 31, the draw shall be leftin the 
open position at all times and will only be lowered for thepassage of 
trains and to perform periodic maintenance authorized inaccordance with 
subpart A of this part.
    (4) The bridge will be operated by the bridge/train controller atthe 
Delair Railroad Bridge in Delair, New Jersey.
    (5) Before the bridge closes for any reason, an on-site 
crewmemberwill observe the waterway for approaching craft, which will be 
allowedto pass. The on-site crewmember will then communicate with the 
off-site bridge/train controller at the Delair Railroad Bridge either 
byradio or telephone, requesting the off-site bridge/train controller 
tolower the bridge.
    (6) The bridge shall only be lowered from the remote site if theon-
site crewmember's visual inspection shows there are no vessels inthe 
area and the infrared channel sensors are not obstructed.
    (7) While the CONRAIL Railroad Bridge is moving from the full opento 
the full closed position, the off-site bridge/train controller 
willmaintain constant surveillance of the navigational channel 
usinginfrared sensors to ensure no conflict with maritime traffic 
exists.In the event of failure or obstruction of the infrared 
channelsensors, the off-site bridge/train controller will stop the 
bridge andreturn the bridge to the open position. In the event of loss 
of radioor telephone communications with the on-site crewmember, the 
off-sitebridge/train controller will stop the bridge and the bridge 
return tothe open position.
    (8) When the draw cannot be operated from the remote site, abridge 
tender must be called to operate the bridge in the traditionalon-site 
manner.
    (9) The CONRAIL Railroad channel traffic lights will change 
fromflashing green to flashing red anytime the bridge is not in the 
fullopen position.
    (10) During downward span movement, the channel traffic lightswill 
change from flashing green to flashing red, the horn will soundtwo 
times, followed by a pause, and then two repeat blasts until thebridge 
is seated and locked down.
    (11) When the rail traffic has cleared, the off-site bridge/
traincontroller at the Delair Railroad Bridge will sound the horn 
fivetimes to signal the draw of the CONRAIL Railroad Bridge is about 
toreturn to its full open position.
    (12) During upward span movement, the channel traffic lights 
willchange from flashing green to flashing red, the horn will sound 
twotimes, followed by a pause, and then sound repeat blasts until 
thebridge is in the full open position. In the full open position, 
thechannel traffic lights will then turn from flashing red to 
flashinggreen.
    (13) From November 1 through March 31, the draw shall open onsignal 
if at least 24 hours notice is given by telephone at (856)231-7088 or 
(856) 662-8201. Operational information willbe 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 beleft 
in the full open position at all times.

[CGD05-01-052, 67 FR 64170, Feb. 11, 2002, asamended by CGD05-06-086, 71 
FR 77615, Dec. 27, 2006]



Sec. 117.904  Delaware River.

    See Sec. 117.716, Delaware River, listed under NewJersey.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.905  Schuylkill River.

    (a) The following requirements apply to all drawbridges across 
theSchuylkill River:
    (1) The draws of railroad bridges need not be opened when there isa 
train in the bridge block approaching the bridge with the intentionof 
crossing, or within five minutes of the known time of the passageof a 
scheduled passenger train.
    (2) The opening of a bridge may not be delayed more than fiveminutes 
for a highway bridge or 10 minutes for a railroad bridge,after the 
signal to open is given.
    (3) The owners of drawbridges shall provide and keep in goodlegible 
condition two board gages painted white with black figures notless than 
six inches high to indicate the vertical clearance under theclosed draw 
at all stages of the tide. The gages shall be so

[[Page 647]]

placed on the bridge that they are plainly visible to operatorsof 
vessels approaching the bridge either up or downstream.
    (b) The Passyunk Avenue bridge, mile 3.5 at Philadelphia, shallopen 
on signal at all times if at least four hours notice is given.Public 
vessels of the United States shall be passed as soon aspossible at any 
time.
    (c) The draw of the Conrail bridge, mile 5.5 at Grays FerryAvenue, 
Philadelphia, shall open on signal; except that, on Saturdaysand 
Sundays, the draw shall open on signal if at least two hoursnotice is 
given. Public vessels of the United States shall be passedas soon as 
possible at any time.
    (d) The draw of the University Avenue bridge, mile 6.2 
atPhiladelphia, shall open on signal at all times if at least two 
hoursnotice is given. Public vessels of the United States shall be 
passedas soon as possible at any time.
    (e) The draw of the Conrail bridge, mile 6.4 near ChristianStreet, 
Philadelphia, shall open on signal if at least two hoursnotice 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 tugswith tows, 
upon proper signal, will be passed through the drawspan ofeach 
drawbridge listed in this section at anytime.
    (b) [Reserved]
    (c) Ben Sawyer (SR 703) bridge across Sullivan's IslandNarrows, mile 
462.2 between Sullivan's Island and Mount Pleasant.The draw shall open 
on signal; except that, the draw need not openfrom 7 a.m. to 9 a.m. and 
from 4 p.m. to 6 p.m. Monday through Fridayexcept Federal holidays. On 
Saturdays, Sundays, and Federal holidaysfrom 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 atCharleston. 
The draw shall open on signal, except that from April 1to November 30 
from 9 a.m. to 4 p.m. Monday through Friday, exceptfederal holidays, and 
from 9 a.m. to 7 p.m., on Saturdays, Sundays andfederal holidays, the 
bridge need not open except on the hour andhalf-hour. From June 1 to 
September 30 and from December 1 to March 30the draw need not open from 
6:30 a.m. to 9 a.m. and from 4 p.m. to6:30 p.m. Monday through Friday, 
except federal holidays, and fromApril 1 to May 31 and from October 1 to 
November 30 Monday throughFriday, except federal holidays, the draw need 
not open from 6 a.m. to9 a.m. and from 4 p.m. to 6:30 p.m.
    (e) John Limehouse Bridge across the Stone River, mile 479.3 atJohns 
Island. The draw of the John Limehouse Bridge shall open onsignal; 
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 Federalholidays. Between 
9 a.m. and 4 p.m., Monday through Friday exceptFederal 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 withtows, public vessels of the 
United States and vessels in a situationwhere a delay would endanger 
life or property.
    (f) Lady's Island Bridge, across the Beaufort River, Mile 536.0at 
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 
notopen; and,
    (ii) Between 9 a.m. to 4 p.m., the draw need open only on the 
hourand half-hour.
    (2) At all other times the draw shall open on signal.

[CGD7 84-29, 50 FR 51250, Dec. 16, 1985, as amended byCGD7 85-55, 51 FR 
12320, Apr. 10, 1986; CGD7 86-12, 51FR 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 
atAshepoo, need not be opened for the passage of

[[Page 648]]

vessels. However,the draw shall be returned to operable condition within 
six monthsafter 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 
atCharleston, 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 
beopened only if at least 12 hours notice is given. The draws of 
eitherbridge shall open as soon as possible for the passage of vessels 
in anemergency involving danger to life or property.
    (b) The draw of the Seaboard System Railroad bridge, mile 12.0near 
Drayton Hall, shall open on signal from 7 a.m. to 11 p.m. From 11p.m. to 
7 a.m., the draw shall open on signal if at least three hoursnotice is 
given.



Sec. 117.917  Battery Creek.

    The draw of the State highway bridge, mile 2.1 between Beaufortand 
Parris Island, shall open on signal if at least 24 hours notice isgiven.



Sec. 117.921  Broad River.

    (a) The draw of the S170 bridge, mile 14.0 near Beaufort, shallopen 
on signal if at least 24 hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 17.0near 
Whale Branch, shall open on signal if at least 24 hours notice isgiven.



Sec. 117.923  Congaree River.

    The draw of the Southern Railway bridge, mile 4.3 at Moye'sStation, 
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 
nearCordesville, shall open on signal if at least six hours advance 
noticeis 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 
atSeabrook, and the draw of the US21 bridge, mile 7.0 at Beaufort, 
shallopen on signal from 6 a.m. to 8 p.m. Monday through Friday if at 
least24 hours notice is given. At all other times, the draw need not 
beopened for the passage of vessels.



Sec. 117.929  Durham Creek.

    The removable span of the Seaboard System Railroad bridge, mile1.7 
at Bushy Park, shall be removed to allow the passage of dredgesand 
construction equipment if at least 20 days notice is given. Whennotified 
by the City of Charleston of an emergency in the Bushy ParkReservoir, 
the span shall be removed as soon as possible to permit thepassage of 
dredges and construction equipment.



Sec. 117.933  Pee Dee River.

    The draws of the Seaboard System Railroad bridges, mile 72.6 
nearPoston and mile 107.2 near Pee Dee, need not be opened for the 
passageof vessels.



Sec. 117.935  Rantowles Creek.

    The draw of the Seaboard System Railroad bridge, 1.1 nearRantowles, 
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]



Sec. 117.938  Waccamaw River.

    The draw of the Waccamaw Coast Line Railroad bridge, mile 44.4 
atConway, shall open on signal; except that from 8 a.m. to 6 p.m. 
Mondaythrough Friday, the draw shall open on signal if at least one 
hournotice 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 
onsignal 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 theChicago 
and Northwestern Railroad bridge, mile 1066.5 at Pierre, neednot be 
opened for the passage of vessels.

[[Page 649]]

                                Tennessee



Sec. 117.943  Cumberland River.

    The draw of the Clarksville Railroad bridge over the 
CumberlandRiver, mile 126.5, at Clarksville, shall open on signal when 
thevertical clearance under the navigational span is 47 feet or less. 
Thedraw shall open on signal if at least two hours notice is given 
whenthe vertical clearance is greater than 47 feet. The draw need not 
beopened for a vessel that arrives at the bridge more than 30 
minutesafter the time specified in the notice, unless a second two 
hoursnotice has been given.

[CGD02 86-01, 51 FR 32319, Sept. 11, 1986, as amendedby USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec. 117.945  Hatchie River.

    The draws of the Illinois Central Gulf railroad bridge, mile 35.0at 
Covington, and the Seaboard System Railroad bridge, mile 71.0 
atBrownsville, 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 
forthe 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 
theTennessee River, mile 470.7, at Hixon, Tennessee, shall open on 
signalwhen the vertical clearance beneath the draw is 50 feet or less. 
Whenthe vertical clearance beneath the draw is more than 50 feet, at 
leasteight hours notice is required. When the operator of a 
vesselreturning through the draw within four hours informs the 
drawtender ofthe probable time of return, the drawtender shall return 
one half hourbefore the time specified and promptly open the draw on 
signal for thevessel without further notice. If the vessel giving notice 
fails toarrive within one hour after the arrival time specified, 
whetherupbound 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 FR70312, Dec. 4, 2006]

                                  Texas



Sec. 117.951  Arroyo Colorado River.

    The draw of the S106 highway bridge, mile 22.5 at Rio Hondo, 
shallopen 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 
atBrazoria, 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 openon 
signal if at least 24 hours notice if given.
    (b) The draws of the Union Pacific railroad bridge, mile 3.1, andthe 
Houston Belt and Terminal railroad bridge, mile 4.3, need not beopened 
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 7.0at 
Baytown, operates as follows:
    (a) The draw shall be maintained at a vertical clearance of 81.4feet 
above mean high water. Fixed green navigation lights shall bedisplayed 
in the center of the draw.
    (b) When a train approaches the bridge, the navigation lightsshall 
be changed from green to red, alternating flashing red lightsturned on, 
and a horn sounded for six minutes. At the end of sixminutes, the draw 
may be lowered and locked if the scanning equipmentdoes not detect any 
object under the span. If the scanning equipmentdetects an obstruction, 
the draw

[[Page 650]]

shall be raised until theobstruction is cleared.
    (c) After a train has cleared the bridge, the draw shall be raisedto 
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 
atLiverpool, 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 openon 
signal Monday through Friday only, and then only from 8 a.m. to 5p.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 
WestOrange, and the S87 bridge, mile 4.5 at Bay City, shall open on 
signalif at least six hours notice is given.



Sec. 117.967  Greens Bayou.

    The draw of the Port Terminal Railroad Association railroadbridge, 
mile 2.8 at Houston, shall open on signal if at least fourhours notice 
is given. The draw shall open on signal for three hoursthereafter for 
returning downbound vessels.



Sec. 117.968  Gulf Intracoastal Waterway.

    The drawspan for the Port Isabel Drawbridge, mile 666.0, must openon 
signal; except that, from 5 a.m. to 8 p.m. on weekdays only,excluding 
federal, state, and local holidays, the drawspan need openonly on the 
hour for pleasure craft. The drawspan must open on signalat anytime for 
commercial vessels. When the drawspan is open for acommercial 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 
thehighway bridge, mile 11.2, both at Vanderbilt, shall open on signal 
ifat least 48 hours notice is given. In emergencies, the draws shallopen 
as soon as possible.



Sec. 117.971  Neches River.

    (a) The draw of the Kansas City Southern automated bridge, mile19.5, 
at Beaumont, is not constantly manned and is operated from aremote site 
in Shreveport, Louisiana. The bridge is normallymaintained in the closed 
to navigation position, providing 13 feet ofvertical clearance above 
mean high tide. This bridge will open onsignal.
    (1) Mariners may request a bridge opening at anytime via one ofthe 
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 sentfrom 
the remote bridge operator, in compliance withSec. 117.15, contact the 
remote operator via telephone ormarine radio.
    (3) An audible warning siren will sound when the bridge is inmotion. 
Video cameras will constantly monitor the waterway near andunder the 
draw. Once a vessel has passed through the bridge, the drawwill lower, 
provided the infrared ``under bridge''presence 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 byCGD 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 atFreeport, 
shall be maintained in the fully open position, except forthe crossing 
of trains or for maintenance.



Sec. 117.977  Pelican Island Causeway, Galveston Channel.

    The drawspan for the Pelican Island Causeway Drawbridge 
acrossGalveston Channel, mile 4.5 of the Galveston Channel, (GIWW 
mile356.1) at Galveston, Texas, must open on signal; except that, 
from6:40 a.m. to 8:10 a.m., 12

[[Page 651]]

noon to 1 p.m., and 4:15 p.m. to 5:15p.m. Monday through Friday except 
Federal holidays, the drawspan neednot be opened for passage of vessels. 
Public vessels of the UnitedStates 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 openon 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open onsignal 
if at least six hours notice is given to the MaintenanceConstruction 
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. 117.984  San Bernard River.

    The draw of the Union Pacific railroad bridge, mile 20.7 
nearBrazoria, 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 
threehours 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 theS73 
bridge, mile 10.2, both at West Port Arthur, need not be openedfor the 
passage of vessels.



Sec. 117.989  Trinity River.

    The draws of the Union Pacific Railroad bridges, mile 41.4 
atLiberty, mile 54.8 at Kenefick, mile 117.3 at Goodrich, mile 181.8 
atRiverside, and the Burlington Northern Santa Fe railroad bridge, 
mile96.2 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 thissection 
must open as soon as possible for the passage of publicvessels 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 
asfollows:
    (1) The draw shall open on signal on the hour and the half hourfrom 
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 October15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given bycalling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16th through May14th 
if at least four hours notice is given by calling the numberposted at 
the bridge.
    (c) The draw of the Central Vermont Railway bridge acrossMissisquoi 
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 7a.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 noticeis 
given.
    (d) The draw of the SR78 bridge, mile 105.9 between Alburg Tongueand 
East Alburg, shall open on signal if at least 24 hours notice isgiven.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD3 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 
atHopewell, shall open on signal if at least 24 hours notice is given 
tothe Seaboard System Agent at Hopewell. However, a drawtender shall 
bein constant attendance and the draw shall open on signal upon 30 
daysnotice, in writing, to do so from the District Commander.



Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the ElizabethRiver to the Albermarle and Chesapeake Canal.

    (a) The draw of the Belt Line Railroad Bridge, mile 2.6, 
inPortsmouth and Chesapeake will operate as follows:

[[Page 652]]

    (1) The bridge will be left in the open position at all timesand 
will only be lowered for the passage of trains and to performperiodic 
maintenance authorized in accordance with subpart A of thispart.
    (2) The bridge will be operated by the controller at the BerkleyYard 
office.
    (3) The controller will monitor waterway traffic in the area ofthe 
bridge and directly beneath the bridge with closed circuit 
camerasmounted on top of the bridge and with surface navigational radar.
    (4) When the bridge closes for any reason, the controller 
willannounce 30 minutes in advance, 15 minutes in advance, and 
immediatelyproceeding the actual lowering, over marine channel 13, that 
the BeltLine Railroad Bridge is closing for river traffic. In each of 
thesethree announcements, the bridge/train controller will request 
allconcerned river traffic to please acknowledge on marine channel 13.
    (5) The bridge shall only be operated from the remote site ifclosed 
circuit visual and radar information shows there are no vesselsin the 
area and no opposing radio communications have been received.
    (6) While the Belt Line Bridge is moving from the full openposition 
to the full closed position, the bridge/train controller willmaintain 
constant surveillance of the navigational channel to ensureno conflict 
with maritime traffic exists. In the event of failure of acamera or the 
radar system, or loss of marine-radio communications,the bridge shall 
not be operated by the off-site bridge/traincontroller from the remote 
location.
    (7) If the off-site bridge/train controller's visibility of 
thenavigational channel is less than \3/4\ of a mile, the bridge 
shallnot be operated from the remote location.
    (8) When the draw cannot be operated from the remote site, 
abridgetender must be called to operate the bridge in the traditionalon-
site manner.
    (9) The Belt Line mid-channel lights will change from green to 
redanytime the bridge is not in the full open position.
    (10) During the downward and upward span movement, a warning 
alarmwill sound until the bridge is seated and locked down or in the 
fullopen position.
    (11) When the bridge has returned to its full up position, themid-
channel light will turn from red to green, and the controller 
willannounce over marine radio channel 13, ``Security, 
security,security, the Belt Line bridge is open for river 
traffic.''Operational information will be provided 24 hours a day on 
marinechannel 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 vesselscarrying 
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 
commercialvessels that do not qualify under paragraph (b)(2)(ii) of 
thissection.
    (ii) Need not open for commercial cargo vessels, including tugsand 
tows, unless 2 hours advance notice has been given to the JordanBridge 
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 
theSouth Branch of the Elizabeth River, mile 3.6 at Portsmouth-
Chesapeake, shall be maintained in the open position; except the drawmay 
close for the crossing of trains and maintenance of the bridge.When the 
draw is closed, a drawtender shall be present and the drawshall open on 
signal.
    (d) The draw of the Gilmerton (US13/460) bridge, mile 5.8, 
inChesapeake:
    (1) Shall open on signal at any time for commercial vesselscarrying 
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 
commercialvessels that do not qualify under paragraph (d)(2)(ii) of 
thissection.
    (ii) Need not open for commercial cargo vessels, including tugs,and 
tugs

[[Page 653]]

with tows, unless 2 hours advance notice has been givento 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, 
mile5.8 in Chesapeake, shall operate as follows:
    (1) The draw shall be remotely controlled by the operator at 
theNorfolk Southern 5 Railroad Bridge office over the 
EasternBranch of the Elizabeth River, at mile 1.1, in Norfolk.
    (2) The draw shall be left in the open position to vessels andwill 
only be closed for the passage of trains and to perform 
periodicmaintenance authorized in accordance with subpart A of this 
part.
    (3) Trains shall be controlled so that any delay in opening of 
thedraw shall not exceed ten minutes except as provided inSec. 
117.31(b).
    (4) Before the bridge closes for any reason, the off-site 
remoteoperator will monitor waterway traffic in the area with closed 
circuitcameras and motion sensors mounted on the bridge. The bridge will 
onlybe closed if the off-site remote operator's visual inspection 
showsthat the channel is clear and there are no vessels transiting in 
thearea.
    (5) While the bridge is moving from the full open position to 
thefull closed position, the off-site remote operator will 
maintainconstant surveillance of the navigation channel to ensure that 
noconflict with maritime traffic exists. In the event of failure 
orobstruction, the off-site remote operator will stop and return 
thebridge to the full open position to vessels. In the event of a 
failureor obstruction, a bridge tender must be called by the off-site 
remoteoperator and must be on-site within 30 minutes of the call to 
operatethe bridge.
    (6) During closing of the span, the channel traffic lights 
willchange from flashing green to flashing red, the horn will sound 
twice,and an audio voice warning device will announce bridge movement, 
thentwo repeat blasts of the horn will sound until the bridge is 
seatedand 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 
willflash red, the horn will sound twice, followed by a pause, and 
thenfive repeat blasts of the horn will sound until the bridge is in 
thefull open position to vessels. In the full open position to 
vessels,the bridge channel traffic lights will turn from flashing red 
toflashing green then an audio warning device will announce 
bridgemovement by stating ``Security, security, security, the 
NorfolkSouthern 7 Railroad Bridge at mile 5.8 is open for 
rivertraffic''.
    (8) Operational information will be provided 24 hours a day onmarine 
channel 13 and via telephone (757) 924-5320.
    (f) The draw of the I64 bridge across the South Branch of 
theElizabeth River, mile 7.1 at Chesapeake, shall open on signal if 
atleast 24 hours notice is given.
    (g) The draw of the Dominion Boulevard (US 17) bridge, mile 8.8 
inChesapeake:
    (1) Shall open on signal at any time for commercial vesselscarrying 
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., Mondaythrough 
Friday, need not open for the passage of recreational vessels,and need 
open for commercial cargo vessels not carrying hazardousmaterials, 
including tugs and tugs with tows, only when notice hasbeen given at 
least 2 hours in advance to the Dominion BoulevardBridge at (757) 547-
0521.
    (3) From 6 a.m. to 7 a.m. and from 9 a.m. to 4 p.m., Monday 
toFriday, and from 6 a.m. to 6 p.m. on Saturdays, Sundays, and 
Federalholidays, the draw need only be opened every hour on the hour, 
exceptthe draw shall open on signal for commercial vessels that 
qualifyunder paragraphs (g)(1) or (g)(2) of this section.
    (4) If any vessel is approaching the bridge and cannot reach thedraw 
exactly on the hour, the drawtender may delay the opening up toten 
minutes past the hour for the passage of the approaching vesseland any 
other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.

[[Page 654]]

    (h) The draw of the S168 bridge, mile 12 at Chesapeake 
(GreatBridge), shall open on signal; except that, from 6 a.m. to 7 p.m., 
thedraw need be opened only on the hour. If any vessel is approaching 
thebridge and cannot reach the draw exactly on the hour, the 
drawtendermay delay the hourly opening up to 10 minutes past the hour 
for thepassage of the approaching vessel and any other vessels that 
arewaiting to pass. Vessels in an emergency condition which 
presentsdanger 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 openposition; 
the draw may close only for the crossing of trains andmaintenance of the 
bridge. When the draw is closed, a bridgetendershall be present to 
reopen the draw after the train has cleared thebridge.
    (j) The draw of the Centerville Turnpike (SR170) bridge across 
theAlbemarle and Chesapeake Canal, mile 15.2, at Chesapeake:
    (1) Shall open on signal at any time for commercial vesselscarrying 
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., 
Mondaythrough Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or 
commercialvessels that do not qualify under paragraph (i)(2)(ii) of 
thissection.
    (ii) Need not open for commercial cargo vessels, including tugs,and 
tugs with tows, unless 2 hours advance notice has been given tothe 
Centerville Turnpike bridge at (757) 547-3632.
    (3) From 8:30 a.m. to 4 p.m., Monday through Friday, exceptFederal 
holidays, the draw need only be opened on the hour and halfhour.
    (4) If any vessel is approaching the bridge and cannot reach thedraw 
exactly on the hour or half hour, the drawtender may delay theopening 
ten minutes past the hour or half hour for the passage of theapproaching 
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 byCGD5-91-045, 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 
onsignal 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 beopened 
for the passage of vessels.



Sec. 117.1003  Chickahominy River.

    The draw of the highway bridge, mile 1.5 at Barrets Ferry, shallopen 
on signal; except that, from 11 p.m. to 7 a.m., the draw shallopen 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 shallopen 
on demand from midnight to 6 a.m., and every one and a half hoursfrom 6 
a.m. to midnight (at 6 a.m., 7:30 a.m., 9 a.m., 10:30 a.m., 12p.m., 1:30 
p.m., 3 p.m., 4:30 p.m., 6 p.m., 7:30 p.m., 9 p.m. 10:30p.m. and 
midnight); except from 7 a.m. to 5 p.m. on the lastconsecutive Wednesday 
and Thursday in July, the draw need not beopened.

[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 
(NSV2.8), mile 2.7 at Norfolk, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. 
Thedraw shall only be closed for train crossings or

[[Page 655]]

periodicmaintenance authorized in accordance with subpart A of this 
part.
    (2) The bridge shall be operated by the controller at the 
NorfolkSouthern Railroad Bridge (NS 5), mile 1.1, over the 
EasternBranch of the Elizabeth River in Norfolk, VA. The controller 
shallmonitor vessel traffic with closed circuit cameras and 
infraredsensors covering the swing radius. Operational information will 
beprovided 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 inthe 
following events: Failure or obstruction of the infrared sensors,closed-
circuit cameras or marine-radio communications, or anytimecontroller's 
visibility is inhibited. In these situations, a bridgetender with 
Norfolk Southern must be called to operate the bridge on-site.
    (4) Before the bridge closes for any reason, the remote operatorwill 
monitor waterway traffic in the area. The bridge shall only beclosed if 
the off-site remote operator's visual inspection shows thatthe channel 
is clear and there are no vessels transiting in the area.While the 
bridge is moving, the operator shall maintain constantsurveillance of 
the navigation channel.
    (5) Before closing the draw, the channel traffic lights willchange 
from flashing green to flashing red, the horn will sound fiveshort 
blasts, and an audio voice warning stating, ``Attention,Attention. 
Norfolk Southern's Railroad Bridge over the Eastern Branchof the 
Elizabeth River at milepost 2.7 will be closing to rivertraffic.'' Five 
short blasts of the horn will continue until thebridge is seated and 
locked down to vessels, the channel trafficlights will continue to flash 
red.
    (6) When the rail traffic has cleared, the horn will sound 
oneprolonged blast followed by one short blast to indicate that the 
drawis opening to vessel traffic. During the opening swing movement, 
thechannel traffic lights will flash red until the bridge returns to 
thefully open position. In the full open position to vessels, the 
bridgechannel lights will flash green followed by an announcement 
stating,``Security, security, security. Norfolk Southern Railroad 
Bridgeat mile 2.7 is open for river traffic.'' Vessels shall stayclear 
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, shallremain 
closed one hour prior to the published start of a scheduledmarine event 
regulated under Sec. 100.501, and shall remainclosed until one hour 
following the completion of the event unless thePatrol Commander 
designated under Sec. 100.501 allows thebridge 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 
Federalholidays.
    (2) From 5 a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Mondaythrough 
Friday, except Federal holidays, shall open at any time forcommercial 
vessels with a draft of 18 feet or more, provided that atleast 6 hours 
advance notice has been given to the Berkley BridgeTraffic Control room 
at (757) 494-2490.

[CGD 82-025, 49 FR 43463, Oct. 29, 1984, as amended byCGD 05-88-13, 53 
FR 20321, June 3, 1988; CGD5-89-43, 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 
onsignal; 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 neednot 
be opened for the passage of vessels.



Sec. 117.1015  Mattaponi River.

    The draws of the Lord Delaware (S33) bridge, mile 0.8 at WestPoint, 
and the S629 bridge, mile 28.5 at Walkerton, shall open onsignal if at 
least 24 hours notice is given. The drawtender servicefor either bridge 
shall be increased to the degree determined to beadequate within 30 days 
after written notice is received from theDistrict Commander to do so.

[[Page 656]]



Sec. 117.1021  North Landing River.

    The draw of the S165 bridge, mile 20.2 at Chesapeake, shall openon 
signal; except that, from 6 a.m. to 7 p.m., the draw need be openedonly 
on the hour and half hour for the passage of pleasure craft.Public 
vessels of the United States, commercial vessels, and vesselsin an 
emergency endangering life or property shall be passed at anytime.



Sec. 117.1023  Pamunkey River.

    (a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located 
inWest Point, Virginia, shall open on signal; except that, the 
bridgeneed not open for commercial crabbing and fishing vessels 
andrecreational vessels on Mondays through Fridays, except 
FederalHolidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 
6p.m., at all other times, the bridge will open for these vessels onlyon 
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, asamended 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 openon 
signal; except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Mondaythrough 
Friday, except Federal holidays, the bridge shall remainclosed to 
navigation.
    (b) The bridge shall be opened at anytime for vessels in anemergency 
which presents danger to life or property.

[CGD05-93-054, 59 FR 5954, Feb. 9, 1994, asamended 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, atAberdeen, shall 
open on a signal of two short blasts followed by oneprolonged 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 beopened for the passage of 
vessels of less than 5,000 gross tons. Atall other times, the draw shall 
open on signal if at least one hournotice is given by marine radio, 
telephone, or other suitable means tothe Washington Department of 
Transportation.

[CGD13 85-15, 51 FR 2394, 2395, Jan. 16, 1986, asamended 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 theoperator 
of the drawspan, whether that person may be a train crewmember, 
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 
normallymaintained in the fully open position with no drawtender 
inattendance. A radar beacon (RACON) is located at the center of 
thedrawspan. The RACON operates only when the drawspan is fully open, 
byresponding with the Morse letter ``K'' to X-band radarsignals. When 
necessary to close the drawspan for the passage of atrain or for 
maintenance, a drawtender shall be dispatched to operatethe draw from 
either of the remote control stations located at theends of the bridge. 
Operation of the bridge shall be as follows:
    (1) The drawtender shall broadcast a radio message over Channel16-
VHF to all vessels in the vicinity that the Kalan Bridgewill be closing 
in two minutes. If after two minutes no response isreceived, the 
drawtender shall broadcast a message over Channel13-VHF that the Kalan 
Bridge is closing. Both messages shall bebroadcast twice.
    (2) Prior to activating the closing sequence the drawtender 
shallvisually inspect the waterway for marine traffic approaching 
thebridge. The closing sequence shall not be activated until after 
marinetraffic has cleared the bridge.
    (3) When the closing sequence is activated, the followingfunctions 
occur automatically: The RACON is deactivated, red strobelights on the 
lift towers and on the channel piers start flashing, adownward pointing 
arrow

[[Page 657]]

consisting of amber colored lights isdisplayed from the center of the 
drawspan and a recorded message isbroadcast over Channel 13-VHF advising 
that the Kalan Bridge isclosed to river traffic. The radio message is 
repeated every fiveminutes, the red lights continue to flash and the 
downward pointingarrow is displayed, until the lift span returns to the 
up and lockedposition. At the end of the ten minutes, a horn sounds for 
30 seconds,the span begins closing and the centerspan navigation lights 
turn fromgreen 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 isposed 
to marine traffic, the closing sequence shall be stopped and thebridge 
reopened until the threat of danger has passed.
    (5) If the bridge is to be temporarily closed for maintenance orfor 
purposes other than the passage of a train, the drawtender 
shallcontinually monitor Channels 13 and 16 for calls from 
approachingvessels, and respond to inquiries from vessels about the 
closure.
    (6) After a train has cleared the bridge, the following 
functionsoccur automatically: The drawspan returns to the fully open and 
lockedposition, the RACON is reactivated, the arrow display and the 
redstrobe lights are extinguished, the red centerspan navigation 
lightsreturn to green and a recorded message is broadcast over 
Channel13-VHF that the Kalan Bridge is open for marine traffic.
    (7) Bridge status information may be obtained by calling 
thecommercial telephone number posted at the drawspan of the bridge.
    (c) The draw of the Burlington Northern Santa Fe railroad bridgeat 
mile 328.0, between Pasco and Kennewick, shall open on signal from8 a.m. 
to 4 p.m. At all other times the draw shall open on signal ifat 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 
isgiven.
    (2) In the event of an emergency declared by the Cowlitz 
CountyDepartment of Emergency Services, the bridge shall be capable 
ofopening upon two hours notice. Notification of emergencies andrequests 
for openings during emergencies are initiated through theCowlitz County 
Department of Emergency Services.
    (3) The operating machinery of the draw shall be maintained in 
aserviceable condition and the draw shall be opened and closed 
atintervals frequent enough to make certain that the machinery is 
inproper order for satisfactory operation.
    (4) During periods of fog or similar periods of reducedvisibility, 
the drawtender, after acknowledging the signal to open,shall toll a bell 
continuously during the approach and passage of thevessel.
    (b) The draw of the Allen Street Bridge, mile 5.5, need not openfor 
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 shallopen 
on signal, except as follows:
    (1) From Monday through Friday, except all Federal holidays 
butColumbus 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 
timefor a vessel of 5000 gross tons and over, a vessel towing a vessel 
of5000 gross tons and over, and a vessel proceeding to pick up fortowing 
a vessel of 5000 gross tons and over.
    (2) The draw of the South Park highway bridge, mile 3.8, need notbe 
opened for the passage of vessels from 6:30 a.m. to 8:00 a.m. and3:30 
p.m. to 5:00 p.m., Monday through Friday, except Federalholidays.
    (b) The following bridges shall open on the specified signals:
    (1) Burlington Northern Santa Fe railroad bridge, mile 0.4, 
andSouthwest Spokane Street bridge, mile 0.3, one prolonged 
blastfollowed quickly by three short blasts.

[[Page 658]]

    (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 blastfollowed 
quickly by one short blast and one prolonged blast.
    (c) When fog prevails by day or by night, the drawtender ofbridges 
listed in this section, after giving the acknowledging signalto open, 
shall toll a bell continuously during the approach andpassage of 
vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 84-14, 49 FR 
35498, Sept. 10, 1984; CGD13 8-13, 49FR 35628, Sept. 11, 1984; CGD13 84-
12, 50 FR 10228, Mar. 14,1985; CGD13 85-01, 50 FR 30271, July 25, 1985; 
CGD1391-05, 56 FR 41284, Aug. 20, 1991; CGD13-99-005,66 FR 33025, June 
20, 2001; USCG-2002-12471, 67 FR41332, June 18, 2002]



Sec. 117.1045  Hood Canal.

    The draw of the Washington State pontoon highway bridge near 
PortGamble operates as follows:
    (a) The draw shall open on signal if at least one hour's notice 
isgiven. The draw shall be opened horizontally for 300 feet unless 
themaximum opening of 600 feet is requested.
    (b) Telephone requests for bridge openings may be directed ascollect 
calls to the Toll Office at the bridge site. The call may alsobe made by 
direct telephone communication through the Seattle MarineOperator, 
Station KOH, or through other marine wire or radio telephoneservice.
    (c) During unusual or emergency periods, the 
authorizedrepresentative of the owner of or agency controlling the 
bridge shallopen the draw on a demand basis for specified periods of 
time,normally not exceeding 48 hours, when requested by the Department 
ofthe Navy. While on a demand basis, a drawtender shall be in 
attendanceon the bridge with radio communication equipment in operation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 eachbridge 
listed in this section, after giving the acknowledging signalto open, 
shall toll a bell continuously during the approach andpassage of 
vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile0.3 
at Hoquiam, shall be maintained in the fully open position exceptfor the 
passage of trains or for maintenance. When the draw of thebridge is 
closed and the visibility at the drawtender's station isless than one 
mile up or down the channel, the drawtender shall soundtwo long blasts 
every minute. When the draw is reopened, thedrawtender shall sound one 
long blast followed by one short blast.
    (c) The draw of Simpson Avenue Bridge, mile 0.5, at Hoquiam, 
shallopen on signal if at least one hour notice is given by marine 
radio,telephone, or other suitable means to the Washington Department 
ofTransportation. The opening signal is two prolonged blasts followed 
byone 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 
marineradio, telephone, or other suitable means to the Washington 
Departmentof Transportation. The opening signal is two prolonged blasts 
followedby two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 84-11, 49 FR 
46548, Nov. 27, 1984; CGD13 85-15, 51FR 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 Seattleand 
Bellevue shall operate as follows:
    (a) The draw shall open on signal if at least two hours notice 
isgiven.
    (b) Telephone requests for bridge opening may be directed ascollect 
calls to the Highway Radio or made by direct telephonecommunication 
through the Seattle Marine Operator, Station KOH, orthrough other marine 
wire or radiotelephone service.

[[Page 659]]

    (c) The draw need not be opened from 5 a.m. to 9 p.m. Mondaythrough 
Friday, except for all Federal holidays other than ColumbusDay.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 
eachbridge listed in this section, after giving the acknowledging 
signalto open, shall toll a bell continuously during the approach 
andpassage of vessels.
    (b) All non-self-propelled vessels, craft, or rafts navigatingthis 
waterway for which the opening of any draw is necessary shall betowed 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 
minutesafter receiving an opening request, if needed to pass 
accumulatedvehicular traffic. However, the draws shall open without 
delay, whenrequested 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 butColumbus 
Day for any vessel of less than 1000 tons, unless the vesselhas 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 openif 
at least one hour notice is given by telephone, radiotelephone, 
orotherwise to the drawtender at the Fremont Avenue Bridge.
    (e) The draw of the Montlake Bridge, mile 5.2, shall open onsignal, 
except that:
    (1) The draw need not open for a period of up to 10 minutes 
afterreceiving an opening request, if needed to pass accumulated 
vehiculartraffic. However, the draw shall open without delay, when 
requested byvessels 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 3:30p.m. 
to 6:30 p.m. from April 30 to September 1 and from 7 a.m. to 10a.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 
12:30p.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 byCGD 82-025, 49 FR 
26722, June 29, 1984; CGD13 84-13, 49FR 35628, Sept. 11, 1984; CGD13 86-
02, 51 FR 18788, May 22,1986; CGD 13 88-03, 53 FR 10535, April 1, 1988; 
CGD1389-06, 54 FR 52798, Dec. 22, 1989; CGD 96-026, 61 FR33664, June 28, 
1996; CGD13-99-005, 66 FR 33026, June20, 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, 
mile2.0 at Woodland, need not be opened for the passage of vessels.



Sec. 117.1055  Skagit River.

    The draws of all bridges across the Skagit river need not beopened 
for the passage of vessels. However, the draws shall bereturned to 
operable condition within one year after notification bythe District 
Commander to do so.



Sec. 117.1057  Skamokawa Creek.

    The draw of the Washington State highway bridge at Skamokawa neednot 
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 
bridgeacross the Snake River at mile 1.5 between Pasco and Burbank 
isautomated and is normally maintained in the fully open to 
navigationposition.
    (b) Lights. All lights required for automated operationshall be 
visible for a distance of at least 2 miles and

[[Page 660]]

shall bedisplayed at all times, day and night.
    (1) When the draw is fully open, a steady green light shall 
bedisplayed at the center of the drawspan on both upstream anddownstream 
sides.
    (2) When the draw is not fully open, a steady red light shall 
bedisplayed at the center of the drawspan on both upstream anddownstream 
sides.
    (3) When the draw is about to close, flashing yellow lights in 
theform of a down-pointing arrow shall be displayed at the center of 
thedrawspan on both upstream and downstream sides.
    (4) A similar set of red, green, and yellow lights shall bedisplayed 
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 railroadbridge and shall be visible 
to vessels traveling downstream throughoutthe passage of the channel 
adjacent to Strawberry Island.
    (c) Operation. When a train approaches the bridge, theyellow lights 
shall start flashing. After an eight-minute delay, thegreen lights shall 
change to red, the drawspan shall lower and lock,and the yellow lights 
shall be extinguished. Red lights shall continueto be displayed until 
the train has crossed and the drawspan is againin the fully open 
position. At that time, the red lights shall changegreen.
    (d) Vessels equipped with radiotelephones may contact 
BurlingtonNorthern Santa Fe to obtain information on the status of the 
bridge.Bridge status information also may be obtained by calling 
thecommercial 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 shallacknowledge 
sound signals as follows:
    (1) When draw can be opened immediately, two prolonged 
blastsfollowed by one short blast or three loud and distinct strokes of 
abell.
    (2) When draw cannot be opened immediately, or when it is open 
andmust be closed promptly, two prolonged blasts or two loud and 
distinctstrokes of a bell. This signal may also be used by a vessel 
tocountermand its call signal.
    (b) When fog prevails by day or by night, the drawtender of 
eachbridge listed in this section, after giving the acknowledging 
signalto open, shall toll a bell continuously during the approach 
andpassage of vessels.
    (c) The draws of the twin, SR 529, highway bridges across 
theSnohomish River, mile 3.6, at Everett shall open on signal if at 
leastone-hour notice is given. On weekdays, Monday through Friday, 
noticefor openings shall be given by marine radio, telephone, or other 
meansto the drawtender at the SR 529 highway bridge across Ebey Slough, 
atMarysville, and at all other times to the drawtender at the twin SR529 
bridges at Everett. One signal opens both draws. During freshets,a 
drawtender shall be in constant attendance and the draws shall openon 
signal when so ordered by the District Commander.
    (d) The draw of the SR2 highway bridge across the Snohomish 
River,mile 6.9, at Everett, shall open on signal if at least four 
hoursnotice is given. During freshets, a drawtender shall be in 
constantattendance and the draw shall open on signal when so ordered by 
theDistrict Commander.
    (e) The draw of the Burlington Northern Santa Fe railroad 
bridgeacross the Snohomish River, mile 15.5, at Snohomish, need not 
beopened for the passage of vessels.
    (f) The draw of the Burlington Northern Santa Fe railroad 
bridgeacross Steamboat Slough, mile 1.0, near Marysville, shall open 
onsignal if at least four hours notice is given. The opening signal 
isone prolonged blast followed by one short blast and one 
prolongedblast.
    (g) The draws of the twin, SR 529, highway bridges acrossSteamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open onsignal if at 
least four-hours notice is given. On weekdays, Mondaythrough Friday, 
notice for openings shall be given by marine radio,telephone, or other 
means to the drawtender at the SR 529 highwaybridge across Ebey Slough, 
at Marysville, and at all other times to

[[Page 661]]

the drawtender at the twin SR 529 bridges at Everett. One signalopens 
both draws. During freshets, a drawtender shall be in constantattendance 
and the draws shall open on signal when so ordered by theDistrict 
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-hournotice is 
given. On weekdays, Monday through Friday, notice foropenings shall be 
given by marine radio, telephone, or other means, tothe drawtender at 
this bridge, and at all other times to thedrawtender at the SR 529 
bridges across the Snohomish River atEverett. During freshets, a 
drawtender shall be in constant attendanceand the draws shall open on 
signal when so ordered by the DistrictCommander.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 eachbridge 
listed in this section, after giving the acknowledging signalto open, 
shall toll a bell continuously during the approach andpassage 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 
noticeis given. However the draw need not be opened from 6:30 a.m. to 
8:30a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, except 
Federalholidays for vessels of less than 1,000 gross tons, unless the 
vesselshave in tow a vessel 1,000 gross tons or over, or unless the 
openingof the draw is required for the pickup of a vessel of 1,000 gross 
tonsor over for towing. In emergencies, openings shall be made as soon 
aspossible upon notification to the Washington State Department 
ofTransportation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 RecreationCommission 
bridge across the South Fork Willapa River, mile 0.3, atRaymond, 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 
eachbridge listed in this section, after giving the acknowledging 
signalto open, shall toll a bell continuously during the approach 
andpassage of vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile0.1 
at Aberdeen, shall be maintained in the fully open position,except for 
the passage of trains or for maintenance. When the draw ofthe bridge is 
closed and the visibility at the drawtender's station isless than one 
mile up or down the channel, the drawtender shall soundtwo prolonged 
blasts every minute. When the draw is reopened, thedrawtender shall 
sound one prolonged blast followed by one shortblast.
    (c) The draws of the Heron Street Bridge, mile 0.2, and theWishkah 
Street Bridge, mile 0.4, at Aberdeen, shall open on signal ifa least one 
hour notice is given by marine radio, telephone, or othersuitable means 
to the Washington Department of Transportation. Theopening signal for 
both bridges is one prolonged blast followed by twoshort blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD13 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 byUSCG-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 5.7at 
Duluth, shall open on signal; except that, from January 1 throughMarch 
15, the draws shall open on signal if at

[[Page 662]]

least 24 hoursnotice is given. The opening signal for the Minnesota Draw 
is oneprolonged blast followed by two short blasts and for the 
WisconsinDraw is two prolonged blasts followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0 at Duluth, andthe 
Arrowhead bridge, mile 8.7 at Duluth, shall open on signal; exceptthat, 
from January 1 through March 15, the draws shall open on signalif at 
least 24 hours notice is given. The opening signal for theGrassy Point 
bridge is two short blasts followed by one prolongedblast 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 
areasonable 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, neednot 
be opened for the passage of vessels.



Sec. 117.1087  Fox River.

    (a) The draws of the Canadian National Bridge, mile 1.03, MainStreet 
Bridge, mile 1.58, Walnut Street Bridge, mile 1.81, MasonStreet 
(Tilleman Memorial) Bridge, mile 2.27, and Canadian NationalBridge, mile 
3.31, all at Green Bay, shall open as follows:
    (1) From April 1 through November 30, the draws shall open onsignal 
for recreational vessels; except the draws need not open from 7a.m. to 8 
a.m., 12 noon to 1 p.m., and 4 p.m. to 5 p.m., Mondaythrough Saturday 
except Federal holidays. Public vessels, tugs, andcommercial vessels 
with a cargo capacity of 300 short tons or greatershall be passed at all 
times.
    (2) From December 1 through March 31, the draws shall open onsignal 
if notice is given at least 12 hours in advance of a vesselstime of 
intended passage.
    (3) The opening signal for the Main Street Bridge is two shortblasts 
followed by one prolonged blast, for the Walnut Street Bridgeone 
prolonged blast followed by two short blasts, and for the MasonStreet 
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 6p.m. to 8 
a.m., the draw shall open on signal if notice is given atleast 2 hours 
in advance of a vessels time of intended passage. FromDecember 1 to 
March 31, the draw shall open on signal if notice isgiven at least 12 
hours in advance of a vessels time of intendedpassage.
    (c) The draws of the Main Street bridge, mile 56.3, Jackson 
Streetbridge, mile 56.5, Wisconsin Street bridge, mile 57.0, and 
theCongress Avenue bridge, mile 58.3 all at Oshkosh, shall open on 
signalfrom 8 a.m. to 12 midnight; except that, from Monday through 
Fridayfrom 11:45 a.m. to 12:15 p.m., 12:45 p.m. to 1:15 p.m., and 3 p.m. 
to5 p.m., the draws need not be opened for other than public vessels 
ofthe United States except on Memorial Day, Independence Day, and 
LaborDay. From 12 midnight to 8 a.m., the draws shall open on signal if 
atleast two hours notice is given by radiotelephone to the Main 
Streetbridge drawtender or the Winnebago County Sheriff's Department.
    (d) The draw of each bridge at or between Berlin and Portage neednot 
open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09-05-081, 70 
FR 59657, Oct. 13, 2005]



Sec. 117.1089  Manitowoc River.

    (a) The draws of the Eighth Street bridge, mile 0.29, and 
TenthStreet bridge, mile o.43, both at Manitowoc, shall open on 
signalexcept that:
    (1) From April 1 through October 31, Monday through Friday, 
thebridges 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 
federalholidays. From 10:30 p.m. to 4:30 a.m. the draws shall open on 
signalif at least a 6 hour advance notice is given.
    (2) From November 1 through March 31 the draws shall open onsignal 
if at least a 12 hour advance notice is given.
    (3) The opening signals for these bridges are:

[[Page 663]]

    (i) Eighth Street--one prolonged blast followed by oneshort blast.
    (ii) Tenth Street--two short blasts followed by oneprolonged blast.
    (4) When signal is given by car ferry or other large vessel topass 
either of the two bridges, the remaining bridge shall openpromptly so 
that such vessels shall not be held between the twobridges.
    (b) The draw of the Wisconsin Central railroad bridge, mile 0.91at 
Manitowoc, shall open on signal except that:
    (1) From April 1 through October 31 between the hours of 10:30p.m. 
and 4:30 a.m., the draws shall open on signal if at least a 6hour 
advance notice is given.
    (2) From November 1 through March 31 the draw shall open on signalif 
at least a 12 hour advance notice is given.
    (3) Opening signal for this bridge is two short blasts followed 
byone 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 
October31. From 11 p.m. to 7 a.m. from May 1 through October 31, the 
drawshall open on signal if at least two hours notice is given. 
FromNovember 1 through April 30, the draw shall open on signal if at 
least12 hours notice is given.



Sec. 117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South Menomoneeand Burnham Canals.

    (a) The draws of each bridge listed in this section shall open 
assoon as possible for the passage of public vessels of the 
UnitedStates, vessels carrying United States mail, vessels licensed to 
carry50 or more passengers when on their regular routes, and fireboats 
ofthe City of Milwaukee.
    (b) For all bridges, the drawtender's acknowledging signal whenthe 
draw will open is the same as the opening signal. Theacknowledging 
signal when the draw will not open, or is open and mustbe closed 
promptly is four short blasts.
    (c) The draws of bridges across the Milwaukee River operate 
asfollows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, 
NorthWater 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. 
to8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday 
exceptFederal holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Milwaukee Rivershall 
open on signal if at least two hours notice is given; exceptthat, from 
7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., thedraws need not be 
opened.
    (3) The opening signals are as follows:
    (i) The Union Pacific railroad bridge, mile 0.59, two 
prolongedblasts.
    (ii) The North Broadway Street bridge, mile 0.5, three 
prolongedblasts followed by one short blast.
    (iii) The North Water Street bridge, mile 0.6, three prolongedblasts 
followed by two short blasts.
    (d) The draws of bridges across the Menomonee River and 
SouthMenomonee Canal operate as follows:
    (1) The draw of the North Plankinton Avenue bridge across 
theMenomonee River, mile 1.08, shall open on signal; except that, 
from7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday 
throughSaturday except Federal holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Menomonee River 
andSouth Menomonee Canal shall open on signal; except that, from 
7:30a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through 
Saturdayexcept Federal holidays, the draws need not be opened and, from 
11p.m. to 7 a.m., the draws shall open on signal if at least two 
hoursnotice is given.
    (3) The opening signal for the Canadian Pacific railroad 
bridgeacross the Menomonee River, mile 1.05, is two prolonged 
blastsfollowed by two short blasts.
    (e) The draws of bridges across the Kinnickinnic River operate 
asfollows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shallopen 
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 drawneed not 
be opened.
    (2) The draws of the Canadian Pacific railroad bridge, mile 1.67,and 
the

[[Page 664]]

Union Pacific railroad bridge, mile 1.71, shall open onsignal if at 
least two hours notice is given.
    (3) The draws of all other bridges across the Kinnickinnic 
Rivershall open on signal; except that, from 7:30 a.m. to 8:30 a.m. 
and4:30 p.m. to 5:30 p.m. Monday through Saturday except 
Federalholidays, 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, 
mile1.19, is two prolonged blasts.
    (f) The draw of the Canadian Pacific Railway bridge, mile 1.74over 
Burnham Canal, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended byCGD09-03-215, 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 
onsignal; except that, from April 1 through December 1 from 6 a.m. to 
6p.m., the draw need be opened only on the hour, 20 minutes after 
thehour, and 40 minutes after the hour to pass all accumulated 
vessels;and, from December 2 through March 31, the draw shall open on 
signalif at least two hours notice is given. At all times, public 
vessels ofthe United States, state or local vessels used for public 
safety,commercial vessels, and vessels in distress shall be passed as 
soon aspossible.
    (b) The draw of the State Street bridge, mile 0.5, shall open 
onsignal; except that, from October 16 through April 30, the draw 
shallopen on signal if at least two hours notice is given. At all 
times,public vessels of the United States, state or local vessels used 
forpublic safety, commercial vessels, and vessels in distress shall 
bepassed 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 openon 
signal, except that:
    (i) From 6:10 a.m. to 7:10 p.m., Monday through Saturday, the 
drawneed open only at 10 minutes after the hour, on the half-hour, and 
10minutes before the hour; and
    (ii) From Monday through Friday, except Federal holidays, the 
drawneed not open between 7:30 a.m. and 8:30 a.m., between 12 p.m. and 
1p.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 openon 
signal if at least 2 hours advance notice is provided.
    (b) From November 1 through April 30, the draw shall open onsignal 
if at least 12 hours advance notice is provided.
    (c) At all times, the draw shall open as soon as possible forpublic 
vessels of the United States, state or local government vesselsused for 
public safety, vessels in distress, vessels seeking shelterfrom rough 
weather, or any other emergency.

[CGD09-98-003, 63 FR 49288, Sept. 15, 1998]



Sec. 117.1099  St. Croix River.

    See Sec. 117.667, St. Croix River, listed underMinnesota.

[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 SturgeonBay, 
shall open as follows:
    (1) From March 15 through December 31, the draw need open onsignal 
for recreational vessels only on the hour, 24 hours a day.However, if 
more than 20 vessels have accumulated at the bridge, orvessels are 
seeking shelter from severe weather, the bridge shall openon signal.
    (2) From January 1 through March 14, the draw shall open on signalif 
notice is given at least 12 hours in advance of a vessel's time 
ofintended passage.
    (b) The draw of the Bayview (SR 42/57) Bridge, mile 3.0 atSturgeon 
Bay, shall open as follows:
    (1) From March 15 through November 30, the draw shall open onsignal.

[[Page 665]]

    (2) From December 1 through March 14, the draw shall open onsignal 
if notice is given at least 12 hours in advance of a vessel'stime 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 underMinnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.1105  Wisconsin River.

    The draws of each drawbridge across the Wisconsin River shall openon 
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 1through October 31, at least two hours notice is required and, 
fromNovember 1 through April 30, at least 12 hours notice is required. 
Atall times, public vessels of the United States, state and localvessels 
used for public safety, and vessels in distress shall bepassed 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 approachstructure.
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; Departmentof Homeland 
Security 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 watersof 
the United States or any international bridge constructed afterMarch 23, 
1906, shall maintain at their own expense the lights andother 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 
standardsand specifications are incorporated by reference as the 
governingrequirements for materials, equipment, tests, or procedures to 
befollowed. These standards and specification requirements 
specificallyreferred to in this part are the governing requirements for 
thesubject matters covered, unless specifically limited, modified, 
orreplaced by the regulations.
    (b) These materials are incorporated by reference into this 
partunder 5 U.S.C. 552(a) with the approval of the Director of the 
FederalRegister. 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 thattable are found 
citations to the particular sections of this partwhere the material is 
incorporated. To enforce any edition other thanthe one listed in 
paragraph (c) of this section, notice of the changemust be published in 
the Federal Register and the material madeavailable. All approved 
material is available for inspection at U.S.Coast Guard Headquarters, 
Administrator, Bridge AdministrationProgram, room 3500, 2100 Second 
Street, SW., Washington, DC20593-0001, or at the National Archives and

[[Page 666]]

RecordsAdministration (NARA). For information on the availability of 
thismaterial 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 sourcesindicated in 
paragraph (c) of this section.
    (c) The materials approved for incorporation by reference in 
thispart are:

Federal Highway Administration (FHWA), 400 Seventh Street, 
          SW.,Washington, DC 20590
    Standard Alphabets for Highways Signs, 1966. (Reprinted April1984).

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended byUSCG-2000-7223, 65 
FR 40056, June 29, 2000; 69 FR 18803,Apr. 9, 2004; USCG-2004-18057, 69 
FR 34925, June 23,2004; USCG-2008-0179, 73 FR 35013, June 19, 2008]



Sec. 118.5  Penalty for failure to maintain.

    Any person required to maintain lights and other signals upon 
anybridge or abutment over or in the navigable waters of the 
UnitedStates who fails or refuses to maintain such lights and other 
signals,or to obey any of the lawful rules and regulations relating to 
thesame 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 
signalsmaintained 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 ofthis chapter 
shall be deemed guilty of a misdemeanor and be subject toa fine not 
exceeding $500 for each offense. Each day during which suchviolation 
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 bridgesshall 
address their inquiry to the District Commander havingjurisdiction 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 
inwhich the structure will be situated. Application shall be by 
letteraccompanied by duplicate sets of drawings showing (a) plan 
andelevation of the structure showing lights and signals proposed, 
and(b) small scale vicinity chart showing proposed bridge and all 
otherbridges 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 reviewit 
and approve the lights and other signals proposed, or mark on 
thedrawings, the lights and other signals required, and in the case 
oflights, cite the applicable section of this chapter which 
prescribesthe lights required for the particular type bridge.
    (b) Upon approval, one set of drawings will be returned to 
theapplicant with the notation ``navigational lights and/or othersignals 
approved as shown'', date, name and title of theDistrict Commander.



Sec. 118.40  Modification of requirements.

    (a) The District Commander may modify the requirements for 
thedisplay of lights and other signals on any bridge when a change 
inlocal conditions warrants the modification.
    (b) The District Commander may exempt bridges over waterways withno 
significant nighttime navigation from the lighting or other 
signalrequirements in this part.
    (c) The District Commander may prescribe special lighting or 
othersignals in specific cases when the lighting or other signals in 
thispart may not provide adequately for the safe passage of vessels.
    (d) While a bridge is under construction, the District 
Commanderprescribes the temporary lights and other signals to be 
displayed forthe protection of navigation.

[CGD 84-022, 51 FR 16313, May 2, 1986]

[[Page 667]]



Sec. 118.45  Lighting for the protection of aerial navigation.

    The owner of a bridge which constitutes a hazard to aerialnavigation 
should maintain, in addition to the lights prescribed inthis 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 partare 
subject to inspection at any time by Coast Guard personnel orauthorized 
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 
othertimes when the visibility is less than one mile.
    (b) Operators shall not be required to exhibit the prescribedlights 
during seasons when vessels are unable to navigate in thevicinity of the 
bridge.
    (c) The operation of signals other than lights shall be asprescribed 
by the District Commander. Each case shall be consideredindividually.



Sec. 118.60  Characteristics of lights.

    All lights required or authorized under this part must be 
securelyattached to the structure and of sufficient candlepower as to 
bevisible against the background lighting at a distance of at least2,000 
yards 90 percent of the nights of the year. Lights must meet 
therequirements of this part. Lights shall be fixed lights excepting 
asprovided in Sec. Sec. 118.95. 118.110 and 118.150 of thispart. Color 
specifications are not prescribed for bridge lights,however, the 
chromaticity standards for navigation lights in 33 CFRPart 84--Annex I 
are recommended.

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended byUSCG-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 belighted 
so that the center of the navigable channel under each spanwill be 
marked by a range of two green lights, and each margin of eachnavigable 
channel will be marked by a red light: Provided, Thatwhen a margin of a 
channel is limited by a pier, only those lightsprescribed in paragraph 
(b) of this section shall be required to marksuch channel margin. The 
green lights shall each show through ahorizontal arc of 360[deg]; they 
shall be securely mounted just belowthe outermost edge of the bridge 
span structure so as to be visiblefrom an approaching vessel. Each red 
light shall show through ahorizontal arc of 180[deg], and shall be 
securely mounted just belowthe outermost edge of the bridge span 
structure to show 90[deg] oneither side of a line parallel to the axis 
of the channel so as to bevisible from an approaching vessel.

    Note: Until such time that major repairs to or replacementsof 
existing fixed span navigation lights colored green are made, it 
ispermitted that only one of these lights marking the centerline of 
thesame channel under a span shall be visible to an approaching 
vessel.When major repairs to or replacement of such existing green 
lights aremade they shall conform with this paragraph.

    (b) Pier lights. When the navigable channel extends frompier to pier 
or when piers are located within the navigable channel,each end of such 
piers shall be lighted with a red light. Each suchlight shall show 
through a horizontal arc of 180[deg], and shall besecurely fastened at 
the end of the pier as low as practicable but notlower than 2 feet above 
navigable high water to show 90[deg] oneither side of a line parallel to 
the axis of the channel so as to bevisible from an approaching vessel.
    (c) Main channel. When necessary, the District Commander 
mayprescribe that fixed bridges having two or more spans over a 
navigablechannel shall have the main channel span marked with a set of 
threewhite lights arranged in a vertical line directly above each 
greenlight on the main channel span. Each white light shall show through 
ahorizontal arc of 180[deg], and shall be mounted so that \1/2\ of 
thehorizontal arc will show on either side of a line parallel to the 
axisof the channel. These three white lights shall be securely mounted 
onthe bridge structure

[[Page 668]]

and spaced as nearly 15 feet apart as thestructure 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 notless than 10 nor more than 15 
feet above each green light on the mainchannel span.

    Note: Until such time that major repairs to or replacementsof 
existing main channel lights showing white are made, it ispermitted that 
these lights show through a horizontal arc of not lessthan 60[deg] nor 
more than 180[deg] with \1/2\ of such arc showingeither side of a line 
parallel to the axis of the main channel. Whenmajor 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 ofevery 
through swing bridge shall be lighted with three lanterns sothat when 
viewed from an approaching vessel the swing span when closedwill display 
three red lights on top of the span structure, one ateach end of the 
span on the same level and one at the center of thespan no less than 10 
feet above the other two lights, and when openfor navigation will 
display three green lights on top of the spanstructure in a line 
parallel to and directly above the long axis ofthe span, one at each end 
of the span on the same level, and one atthe center of the span no less 
than 10 feet above the other twolights. Each lantern shall show through 
alternate red and greenhorizontal arcs of 60[deg] each, the axis of 
adjacent arcs to be90[deg] from each other; each light shall be securely 
mounted withthe axis of the green arcs parallel to the long axis of the 
swingspan.
    (b) Swing span lights on deck and half-through bridges. Eachswing 
span of every deck, half-through, girder, or similar type swingbridge 
shall be lighted with four lanterns so that when viewed from 
anapproaching vessel the swing span when closed will display one 
redlight at each end, and when open to navigation will display two 
greenlights from each end. Each lantern shall show through one red and 
twogreen horizontal arcs of 60[deg] each, the axis of each green arc 
tobe 90[deg] from the axis of the red arc; each light shall be 
securelymounted at the floor level of the span as near to the side of 
the spanas practicable with the axis of the red light normal to the long 
axisof the swing span and so that the red light will be visible from 
anapproaching vessel when the span is closed.
    (c) Pier lights. Every swing bridge shall be lighted so thateach end 
of the piers adjacent to the navigable channel (draw piers)or each end 
of their protection piers (draw pier protection piers) andeach end of 
the piers protecting the pivot pier (pivot protectionpier) will be 
marked by a red light. Each of these lights shall showthrough a 
horizontal arc of 180[deg] and shall be mounted as low aspracticable 
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 tobe visible from an 
approaching vessel.
    (d) Axis lights. Every swing bridge shall be lighted so thatthe 
intersection of the bridge axis with each side of the pivot pierand the 
channel side of each draw pier which has a protection pierwill be marked 
by a red light: Provided, That if the draw anddraw protection piers are 
straight along their channel faces theselights shall not be required. 
Each such light shall show through ahorizontal arc of 180[deg], and 
shall be mounted on the navigablechannel face of the pier as low as 
practicable below the floor levelof the swing span to show 90[deg] 
either side of a line normal to theaxis of the navigable channel so as 
to be visible from an approachingvessel.
    (e) Omission of lights. Where the permanent navigablechannel passes 
on only one side of the pivot pier of any swing span,the District 
Commander may authorize the omission of lighting of theunused channel.



Sec. 118.75  Lights on single-opening drawbridges.

    (a) Bridges in this class. Bridges of the folding, pontoonand 
similar type single opening drawbridges are included in thisclass.
    (b) Draw span lights. Each draw span of every single 
openingdrawbridge shall be lighted with two lanterns so that when viewed 
froman approaching vessel the draw span when closed will

[[Page 669]]

display twored lights, one at each end of the span and when open to 
navigationwill display two green lights, one at each end of the span. 
Eachlantern shall show alternate red and green horizontal arcs of 
60[deg]each, the axis of adjacent arcs to be located 90[deg] from 
eachother; each lantern shall be securely mounted 15 feet above 
theroadway with the axis of the green arcs parallel to the long axis 
ofthe swing span.
    (c) Pier or abutment lights. Every swing bridge shall belighted so 
that the end of each pier, abutment or fixed portion of thebridge 
adjacent to the navigable channel through the draw, or each endof the 
protection piers for such piers, abutments, or fixed portion ofthe 
bridge will be marked by a red light. Each red light shall showthrough 
an arc of 180[deg], and shall be securely mounted on thepier, abutment 
or fixed portion of the bridge as low as practicable toshow 90[deg] on 
either side of a line parallel to the axis of thechannel 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 bridgeshall be 
lighted so that the free end of the span will be marked oneach side by a 
green light which shows only when the span is fullyopen for the passage 
of a vessel and by a red light which shows forall other positions of the 
lift span. Each red and each green lightshall show through a horizontal 
arc of 180[deg]. The lightingapparatus shall be securely mounted to the 
side of the span so thatthe light will show equally on either side of a 
line parallel to theaxis of the channels, so that they will be visible 
from an approachingvessel.

    Note: Until such time that major repairs to or replacementof lift 
span navigation lights are made, existing lights may showthrough a 
horizontal arc of less than 180[deg]. When major repairs toor 
replacement of existing lights are made they shall conform withthis 
paragraph.

    (b) Multiple parallel lift span lights. The outermost sideof each 
outer span of every bascule bridge with parallel multiplelifts shall be 
lighted as prescribed in paragraph (a) of this section;the lights shall 
be controlled so that the green lights will bedisplayed only when all 
spans are open for navigation. The inner sidesof each outer lift span 
and both sides of each inner lift span of suchbascule bridge shall be 
lighted by red lights for all positions of thelift span. These lights 
shall have the same arcs of illumination andshall be mounted as 
described in paragraph (a) of this section.
    (c) Pier lights. Every bascule bridge shall be lighted sothat each 
end of every pier, or protection pier where provided, in oradjacent to 
the navigable channels under the lift span or spans willbe marked by a 
red light. Each such red light shall show through ahorizontal arc of 
180[deg], and shall be securely mounted as low aspracticable on the end 
of the pier, or protection pier, to show90[deg] either side of a line 
parallel to the axis of the navigablechannel so as to be visible from an 
approaching vessel.
    (d) Axis lights. Every bascule bridge which has at least onepier 
provided with a protection pier shall be lighted so that theintersection 
of the long axis of the lift span with the channel sideof each pier, or 
protection pier, will be marked by a red light:Provided, That if all 
such piers and protection piers arestraight along their channel faces 
these lights shall not be required.Each such red light shall show 
through a horizontal arc of 180[deg]and shall be securely mounted on the 
navigable channel face of thepier as low as practicable to show 90[deg] 
on either side of a linenormal to the axis of the navigable channel so 
as to be visible froman approaching vessel.



Sec. 118.85  Lights on vertical lift bridges.

    (a) Lift span lights. The vertical lift span of everyvertical lift 
bridge shall be lighted so that the center of thenavigable channel under 
the span will be marked by a range of twogreen lights when the vertical 
lift span is open for navigation, andby one red light on each side for 
all other positions of the liftspan. The green lights shall each show 
through a horizontal arc of360[deg]; they shall be securely mounted just 
below the outermostedge of the bridge span structure so as to be visible 
from anapproaching vessel. Each red light shall show through a

[[Page 670]]

horizontal arc of 180[deg], and shall be securely mounted justbelow the 
outermost edge of the lift span to show 90[deg] on eitherside of the 
line parallel to the axis of the channel so that only onesuch light will 
be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacementof lift 
span navigation lights are made, it is permitted that theselights show 
through a horizontal arc of not more than 60[deg]. Whenmajor repairs to 
or replacement of such existing lights are made theyshall conform with 
this paragraph.

    (b) Pier lights. Every vertical lift bridge shall be lightedso that 
each end of every pier in or adjacent to navigable channelsunder the 
lift span, or each end of every protection pier whenprovided, will be 
marked by a red light. Each such light shall showthrough a horizontal 
arc of 180[deg], and shall be securely mountedas 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 thenavigable channel so as to be 
visible from an approaching vessel.
    (c) Axis lights. Every lift bridge which has at least onepier 
provided with a protection pier shall be lighted so that theintersection 
of the lift span axis with the channel side of each pieradjacent to the 
navigable channel will be marked by a red light:Provided, That if every 
such pier, or protection pier, isstraight along its channel face these 
lights shall not be required.Each such light shall show through a 
horizontal arc of 180[deg], andshall be securely mounted on the 
navigable channel face of the pier aslow as practicable to show 90[deg] 
on either side of a line normal tothe axis of the navigable channel so 
as to be visible from anapproaching 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 
theregulations in this part with such modifications as are necessary 
ineach particular case.



Sec. 118.95  Lights on structures not part of a bridge or approach structure.

    Lights on sheer booms, isolated piers, obstructions, and 
otherstructures not part of a bridge or approach structure must meet 
therequirements for aids to navigation in Subpart 66.01 of Part 66 
ofthis 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 ofhigh 
intensity red or green retroreflective panels when the DistrictCommander 
finds it necessary:
    (a) To better identify a hazardous pier.
    (b) To provide a backup for red pier lights, red channel 
marginlights, and green mid channel lights, which are subject to 
vandalismor otherwise difficult to properly maintain. If the District 
Commanderdetermines that the nominal nighttime visibility required is 
less thanone-half mile, the panels must be at least six inches square. 
If thevisibility required is more than one-half mile, the panels must be 
atleast 12 inches square.
    (c) To mark bridge piers or channel sides on bridges not requiredto 
have bridge lighting. Lateral significant red triangles and greensquare 
retroreflective panels shall be used. The panels shall be atleast 36 
square inches in area to provide a nominal nighttimevisibility 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 
ofthe margins of navigation channels through bridges with U.S. aids 
tonavigation system lateral marks and lights installed on 
thesuperstructure or on the channel piers. The District Commander 
mayalso require or authorize the use of quick flashing, 
flashing,isophase or occulting red and green lights to mark the main 
channels.

[[Page 671]]

    (b) If lateral system lights are required or authorized tomark the 
main navigation channels, fixed yellow lights shall be usedto mark the 
adjacent piers and the centerline of the channel shall bemarked with the 
standard lateral system safe water mark and occultingwhite light, 
instead of the lights prescribed inSec. 118.65.
    (c) The District Commander may require or authorize the marking 
ofthe centerline of the navigation channel drawspan of 
floatingdrawbridges with a special mark, diamond in shape, yellow in 
color,and with a high intensity retroreflective material border. 
TheDistrict Commander may require or authorize the mark to exhibit 
aflashing yellow light Morse Code ``B'' characteristic. Themark 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 installationof 
radar reflectors and racons on bridge structures, stakes, or buoys.Radar 
reflectors are used to mark the location of the edge of thenavigation 
channel or bridge channel piers. Racons are used to markthe 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 
orother causes, the District Commander may require or authorize 
theinstallation of one or more fog signals to warn the navigator of 
thepresence of the bridge. The fog signals must conform to 
theinstallation, range, and sound frequencies provisions in Subpart 
67.10of Part 67 of this chapter. If more than one fog signal is 
installedon a bridge or in the vicinity, their characteristics must 
bedifferent to distinguish each signal. The fog signals must 
bedirectional to the fullest extent possible to minimize adverse 
impacton 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 
bridgechannel piers below the superstructure facing traffic white or 
yellowwhen they are significantly darkened by weathering or other causes 
soas 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 
platformswhich may significantly reduce the vertical clearance when 
operatedover navigation channels at night to be lighted with quick 
flashingred 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, theDistrict 
Commander may require or authorize the installation ofclearance gauges. 
Except as specified in Sec. 117.47(b) ofthis chapter for certain 
drawbridges, clearance gauges must meet therequirements of this section.
    (b) Clearance gauges must indicate the vertical distance 
between``low steel'' of the bridge channel span and the level ofthe 
water, measured to the bottom of the foot marks, read from top tobottom. 
Each gauge must be installed on the end of the right channelpier or pier 
protection structure facing approaching vessels andextend to a 
reasonable height above high water so as to be meaningfulto the viewer. 
Other or additional locations may be prescribed by theDistrict Commander 
if particular conditions or circumstances warrant.
    (c) Construction. Each gauge must be permanently fixed tothe bridge 
pier or pier protection structure and made of a durablematerial of 
sufficient strength to provide resistance to weather,tide, and current. 
Gauges may be painted directly on the bridgechannel pier or pier 
protection structure if the surface is suitableand has sufficient width 
to accommodate the foot marks (graduations)and numerals.
    (d) Numerals. (1) Each gauge must be marked by blacknumerals and 
foot marks on a white background. Paint, if used, must beof good 
exterior quality, resistant to excessive chalking or

[[Page 672]]

bleeding. Manufactured numerals and background material may beused.
    (2) The size, type, and spacing of numerals must conform to 
theStandard Alphabets for Highway Signs and the following table. 
Thenominal day visibility distance is the distance at which the 
clearanceinformation needs to be ascertained by approaching vessel 
operators.The District Commander determines this distance for each 
bridge.

------------------------------------------------------------------------
                                 Height of               Verticalspacing
    Nominal day visibility        numeral     Type of      of numerals
        distance(feet)           (inches)     numeral         (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 ofa 
single numeral used (except numerals 1 and 4), be the same thicknessas 
the width of stroke of the numeral, and extend to the nearestmargin of 
the white background. Foot marks must be spaced every footfor nominal 
day visibility of less than 500 feet, every two feet for anominal day 
visibility of more than 500 feet but less than 1,000 feet,and every five 
feet for nominal day visibility of more than 1,000feet.
    (4) Intermediate foot marks may be used when more 
precisedetermination of actual clearance is necessary. Such intermediate 
footmarks must have a width of stroke one-half the width of the 
strokerequired for the numeral and shall be three-quarters as long as 
theprimary foot marks.
    (5) The horizontal distance between the numeral and nearest edgeof 
the white background shall be no less than one-half the width of asingle 
numeral (excepting numerals 1 and 4).
    (6) The minimum width of the white background shall be no lessthan 
three times the width of a single numeral (excepting numerals 1and 4) 
plus the widths of each additional numeral (when multiplenumerals are 
used plus numeral spacing).
    (e) Maintenance. The owner or operator of the bridge shallmaintain 
each gauge in good repair and legible condition. The bridgeowner or 
operator is responsible for the accuracy of the gauge andshall remeasure 
the vertical distance of the numerals and foot marksbelow ``low steel'' 
of the bridge whenever the gauge isrepainted or the structure is 
repaired.

[CGD 84-022, 51 FR 16314, May 2, 1986]

[[Page 673]]

                                  INDEX

                            SUBCHAPTER J_BRIDGES

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                                                 Section

                                 A

Action by Coast Guard.............................................118.30
Advance approval of...............................................115.70
Alabama
Alabama River....................................................117.101
Bayou LaBatre....................................................117.103
Bayou Sara.......................................................117.105
Chattahoochee River..............................................117.107
Coosa River......................................................117.109
Tensaw River.....................................................117.113
Three Mile Creek.................................................117.115
Alteration of unreasonably obstructive bridges..................Part 116
Appeals...........................................................116.55
Application permits...............................................115.50
Application procedure.............................................118.25
Applications, extensions of time..................................114.45
Applications, procedures for handling.............................115.60
Arkansas
Arkansas River...................................................117.121
Arkansas and White Rivers-Automated Railroad Bridges.............117.123
Black River......................................................117.125
Current River....................................................117.127
Little Red River.................................................117.129
Little River.....................................................117.131
Ouachita River...................................................117.133
Red River........................................................117.135
St. Francis River................................................117.137
White River......................................................117.139

                                 B

Bridge lighting and other signals...............................Part 118
Bridge locations and clearances; administrative Procedures.......Part115
Bridges crossing channel obliquely................................118.90

                                 C

California
General..........................................................117.140
American River...................................................117.141
Bishop Cut.......................................................117.143
Cerritos Channel.................................................117.147
China Basin, Mission Creek.......................................117.149

[[Page 674]]

Connection Slough................................................117.150
Cordelia Slough (A tributary of Suisun Bay)......................117.151
Corte Madera Creek...............................................117.153
Eureka Slough....................................................117.155
Georgiana Slough.................................................117.157
Grant Line Canal.................................................117.159
Honker Cut.......................................................117.161
Islais Creek (Channel)...........................................117.163
Lindsey Slough...................................................117.165
Little Potato Slough.............................................117.167
Mare Island Strait, Napa River, and their tributaries............117.169
Middle River.....................................................117.171
Miner Slough.....................................................117.173
Mokelumne River..................................................117.175
Mud Slough.......................................................117.177
Newark Slough....................................................117.179
Oakland Inner Harbor Tidal Canal.................................117.181
Old River........................................................117.183
Pacheco Creek....................................................117.185
Petaluma River...................................................117.187
Sacramento River.................................................117.189
San Joaquin River................................................117.191
San Leandro Bay..................................................117.193
Snodgrass Slough.................................................117.195
Sonoma Creek.....................................................117.197
Steamboat Slough.................................................117.199
Sutter Slough....................................................117.201
Characteristics of lights.........................................118.60
Chief, Office of Bridge Administration Division review 
andevaluation.....................................................116.30
Clearances gages..................................................117.47
Closure of draw Due to infrequent use.............................117.39
Closure of draw for natural disasters or civil disorders..........117.33
Complaints........................................................116.05
Connecticut
Cold Spring Brook................................................117.202
Connecticut River................................................117.205
Housatonic River.................................................117.207
Mianus River.....................................................117.209
Mystic River.....................................................117.211
New Haven Harbor, Quinnipiac and Mill Rivers.....................117.213
Niantic River....................................................117.215
Norwalk River....................................................117.217
Pequonnock River.................................................117.219
Saugatuck River..................................................117.221
Shaw Cove........................................................117.223
Thames River.....................................................117.224
Yellow Mill Channel..............................................117.225

                                 D

Daymarks and lateral lighting on bridges.........................118.110
Definitions................................................114.05, 117.4
Delaware
Brandywine Creek.................................................117.231
Broad Creek......................................................117.233
Chesapeake and Delaware Canal....................................117.235
Christina River..................................................117.237

[[Page 675]]

Lewes and Rehoboth Canal.........................................117.239
Mispillion River.................................................117.241
Nanticoke River..................................................117.243
Smyrna River.....................................................117.245
Delaying opening of a draw.........................................117.9
Departure from permit plans.......................................114.20
Detailed investigation............................................116.20
District of Columbia
Anacostia River..................................................117.253
Potomac River....................................................117.255
Drawbridge operation regulations................................Part 117
Duties of drawbridge owners and tenders, general...................117.7

                                 F

Florida
Apalachicola River...............................................117.258
Atlantic Intracoastal Waterway from St. Mary's River to KeyLargo 
                                                                 117.261
Banana River.....................................................117.263
Big Carlos Pass..................................................117.267
Biscayne Bay.....................................................117.269
Blackwater River.................................................117.271
Boot Key Harbor..................................................117.272
Canaveral Barge Canal............................................117.273
Coffeepot Bayou..................................................117.279
Dunns Creek......................................................117.283
Grand Canal......................................................117.285
Gulf Intracoastal Waterway.......................................117.287
Hillsborough Inlet...............................................117.289
Hillsborough River...............................................117.291
Kissimmee River..................................................117.295
Little Manatee River.............................................117.297
Loxahatchee River................................................117.299
Manatee River....................................................117.300
Matlacha Pass....................................................117.303
Miami River......................................................117.305
Miami River, North Fork..........................................117.307
Nassau Sound.....................................................117.309
New Pass.........................................................117.311
New River........................................................117.313
New River, South Fork............................................117.315
Okeechobee Waterway..............................................117.317
Oklawaha River...................................................117.319
Outer Clam Bay...................................................117.323
Rice Creek.......................................................117.324
St. Johns River..................................................117.325
St. Marks River..................................................117.327
St. Marys River..................................................117.329
Suwannee River...................................................117.333
Taylor Creek.....................................................117.335
Trout River......................................................117.337
Whitcomb Bayou...................................................117.341
Fog signals......................................................118.130

                                 G

General policies on issuance of permits and drawbridge 
operationsregulations.............................................114.10

[[Page 676]]

General requirements...............................................118.1
General Requirements.................................Part 117, Subpart A
Georgia
Altamaha River...................................................117.351
Atlantic Intracoastal Waterway, Savannah River to St. MarysRiver 
                                                                 117.353
Chattahoochee River..............................................117.359
Flint River......................................................117.361
Ocmulgee River...................................................117.363
Oconee River.....................................................117.365
Ogeechee River...................................................117.367
Satilla River....................................................117.369
Savannah River...................................................117.371
St. Marys River..................................................117.373

                                 I

Idaho
Clearwater River.................................................117.381
Pend Oreille River...............................................117.383
Snake River......................................................117.385
Illinois
Calumet River....................................................117.389
Chicago River....................................................117.391
Illinois River...................................................117.393
Incorporation by reference.........................................118.3
Indiana
Trail Creek......................................................117.401
Wabash River.....................................................117.403
Inspection........................................................118.50
Interference or obstruction prohibited............................118.10
Iowa
Missouri River...................................................117.407

                                 K

Kansas
Missouri River...................................................117.411
Kentucky
Green River......................................................117.415
Ohio River.......................................................117.417

                                 L

Lighting for aerial navigation protection.........................118.45
Lights on bascule bridges.........................................118.80
Lights on fixed bridges...........................................118.65
Lights on piers..................................................118.65b
Lights on single-opening drawbridges..............................118.75
Lights on structures not part of a bridge or approachstructure....118.95
Lights on swing bridges...........................................118.70
Louisiana
Amite River......................................................117.422
Atchafalaya River................................................117.423
Belle River....................................................117.T4246
Black Bayou......................................................117.425
Black River......................................................117.427
Boeuf Bayou......................................................117.429
Bonfouca Bayou...................................................117.433

[[Page 677]]

Caddo Lake.......................................................117.434
Carlin Bayou.....................................................117.435
Colyell Bayou....................................................117.437
Company Canal....................................................117.438
Des Allemands Bayou..............................................117.439
D'Inde Bayou.....................................................117.441
Du Large Bayou...................................................117.443
Falgout Canal....................................................117.444
Franklin Canal...................................................117.445
Grand Cabahanosse Bayou..........................................117.447
Grosse Tete Bayou................................................117.449
Gulf Intracoastal Waterway.......................................117.451
Houma Canal......................................................117.453
Houma Navigation Canal...........................................117.455
Houston River....................................................117.457
Inner Harbor Navigation Canal, New Orleans.......................117.458
Kelso Bayou......................................................117.459
La Carpe Bayou...................................................117.460
Lacassine Bayou..................................................117.461
Lacombe Bayou....................................................117.463
Lafourche Bayou..................................................117.465
Lake Pontchartrain...............................................117.467
Liberty Bayou....................................................117.469
Little Black Bayou...............................................117.471
Little River.....................................................117.473
Little (Petit) Caillou Bayou.....................................117.475
Lower Atchafalaya River..........................................117.477
Lower Grand River................................................117.478
Macon Bayou......................................................117.479
Mermentau River..................................................117.480
Milhomme Bayou...................................................117.481
Nezpique Bayou...................................................117.482
Ouachita River...................................................117.483
Pass Manchac.....................................................117.484
Patout Bayou.....................................................117.485
Pearl River......................................................117.486
Pierre Pass......................................................117.487
Plaquemine Bayou.................................................117.488
Plaquemine Brule Bayou...........................................117.489
Red River........................................................117.491
Sabine River.....................................................117.493
Schooner Bayou Canal.............................................117.494
Superior Oil Canal...............................................117.495
Stumpy Bayou.....................................................117.497
Tante Phine Pass.................................................117.499
Tchefuncta River.................................................117.500
Teche Bayou......................................................117.501
Tensas River.....................................................117.503
Terrebone Bayou..................................................117.505
Tigre Bayou......................................................117.507
Vermillion River.................................................117.509
West Pearl River.................................................117.511

                                 M

Maine
Back Cove........................................................117.521
Back River.......................................................117.523

[[Page 678]]

Kennebec River...................................................117.525
Narraguagus River................................................117.529
Piscataqua River.................................................117.531
Sheepscot River..................................................117.533
Maintenance of draw in fully open position........................117.41
Maryland
Baltimore Harbor-Patapsco River..................................117.541
Bear Creek.......................................................117.543
Bush River.......................................................117.547
Cambridge Harbor.................................................117.549
Chester River....................................................117.551
Choptank River...................................................117.553
College Creek....................................................117.555
Curtis Creek.....................................................117.557
Isle of Wight Bay................................................117.559
Kent Island Narrows..............................................117.561
Marshyhope Creek.................................................117.563
Miles River......................................................117.565
Patuxent River...................................................117.567
Pocomoke River...................................................117.569
Spa Creek........................................................117.571
Stoney Creek.....................................................117.573
Susquehanna River................................................117.575
Weems Creek......................................................117.577
Wicomico River (North Prong).....................................117.579
Massachusetts
Acushnet River...................................................117.585
Apponagansett River..............................................117.587
Bass River.......................................................117.588
Cape Cod Canal...................................................117.589
Charles River and its tributaries................................117.591
Chelsea River....................................................117.593
Danvers River....................................................117.595
Dorchester Bay...................................................117.597
Eel Pond Channel.................................................117.598
Fore River.......................................................117.621
Fort Point Channel...............................................117.599
Lagoon Pond......................................................117.600
Malden River.....................................................117.601
Manchester Harbor................................................117.603
Merrimack River..................................................117.605
Mitchell River...................................................117.607
Mystic River.....................................................117.609
Neponset River...................................................117.611
North River......................................................117.613
Plum Island River................................................117.615
Saugus River.....................................................117.618
Tauton River.....................................................117.619
Westport River-East Branch.......................................117.620
West Bay.........................................................117.622
Michigan
Black River (South Haven)........................................117.624
Black River......................................................117.625
Cheboygan River..................................................117.627
Detroit River (Trenton Channel)..................................117.631
Grand River......................................................117.633
Keweenaw Waterway................................................117.635
Manistee River...................................................117.637

[[Page 679]]

Ontonagon River..................................................117.639
Pine River (Charlevoix)..........................................117.641
Pine River (St. Clair)...........................................117.643
Saginaw River....................................................117.647
St. Joseph River.................................................117.651
St. Mary's Fall Canal............................................117.653
Thunder Bay River................................................117.655
Minnesota
Duluth Ship Canal (Duluth-Superior Harbor).......................117.661
Minnesota River..................................................117.663
Red River of the North...........................................117.665
St. Croix River..................................................117.667
St. Louis River (Duluth-Superior Harbor).........................117.669
Upper Mississippi River..........................................117.671
Mississippi
Back Bay of Biloxi...............................................117.675
Bayou Portage....................................................117.684
Big Sunflower River..............................................117.677
Old Fort Bayou...................................................117.681
Pearl River......................................................117.683
Tchoutacabouffa River............................................117.685
Yazoo River......................................................117.686
Missouri
Missouri River...................................................117.687
Osage River......................................................117.689
Modification of requirements......................................118.40

                                 N

Nebraska
Missouri River...................................................117.691
New Hampshire
Hampton River....................................................117.697
Little Harbor....................................................117.699
Piscataqua River.................................................117.700
New Jersey
Alloway Creek....................................................117.701
Bass River.......................................................117.703
Beaver Dam Creek.................................................117.705
Cheesequake Creek................................................117.709
Cohansey River...................................................117.711
Cooper River.....................................................117.713
Corson Inlet.....................................................117.714
Debbies Creek....................................................117.715
Delaware River...................................................117.716
Elizabeth River..................................................117.719
Hackensack River.................................................117.723
Manatico Creek...................................................117.725
Manasquan River..................................................117.727
Mantua Creek.....................................................117.729
Maurice River....................................................117.731
Mullica River...................................................117.731a
Nacote Creek.....................................................117.732
New Jersey Intracoastal Waterway.................................117.733
Navesink River (Swimming River)..................................117.734
Newark Bay.......................................................117.735
Oceanport Creek..................................................117.736
Oldmans Creek....................................................117.737

[[Page 680]]

Overpeck Creek...................................................117.738
Passaic River....................................................117.739
Raccoon Creek....................................................117.741
Rahway River.....................................................117.743
Rancocas River (Creek)...........................................117.745
Raritan River, Arthur Kill, and their tributaries................117.747
Salem River......................................................117.749
Schellenger Creek................................................117.750
Shark River (South Channel)......................................117.751
Ship Channel, Great Egg Harbor Bay...............................117.753
Shrewsbury River.................................................117.755
South River......................................................117.756
Tuckahoe River...................................................117.757
Wading River.....................................................117.759
Woodbridge Creek.................................................117.761
New York
Black Rock Canal.................................................117.769
Bronx River......................................................117.771
Buffalo River....................................................117.773
Eastchester Bay (Arm of).........................................117.779
East River.......................................................117.781
Genessee River...................................................117.785
Gowanus Canal...........................................117.787, 117.788
Harlem River.....................................................117.789
Hudson River.....................................................117.791
Hutchinson River (Eastchester Creek).............................117.793
Jamaica Bay and Connecting Waterways.............................117.795
Lake Champlain...................................................117.797
Long Island, New York Island Waterway from East Rockaway Inlet 
toShinnecock Canal...............................................117.799
Newtown Creek, Dutch Kills, English Kills and theirtributaries...117.801
Niagra River.....................................................117.803
Peekskill (Annsville) Creek......................................117.805
Tonawanda Creek..................................................117.809
Tonawanda Harbor.................................................117.811
Wappinger Creek..................................................117.813
Westchester Creek................................................117.815
North Carolina
Atlantic Intracoastal Waterway, Albemarle Sound to SunsetBeach...117.821
Beaufort Channel, NC.............................................117.822
Neuse River......................................................117.824
Newport River....................................................117.825
Northeast Cape Fear River........................................117.829
Pamlico and Tar Rivers...........................................117.831
Pasquotank River.................................................117.833
Perquimans River.................................................117.835
Roanoke River....................................................117.837
Smith Creek......................................................117.841
Trent River......................................................117.843

                                 O

Obtaining information.............................................118.20
Ohio
Ashtabula River..................................................117.847
Muskingum River (Zanesville Canal)...............................117.849
Black River......................................................117.850

[[Page 681]]

Portage River....................................................117.851
Sandusky Bay.....................................................117.853
Maumee River.....................................................117.855
Operations of draw during repair or maintenance...................117.35
Operations of draw for emergency situations.......................117.31
Operations regulations, drawbridge..............................Part 117
Order to Alter....................................................116.35
Oregon
Blind Slough.....................................................117.861
Clatskanie River.................................................117.865
Columbia River...................................................117.869
Coos Bay.........................................................117.871
Coos River.......................................................117.873
Coquille River...................................................117.875
Isthmus Slough...................................................117.879
John Day River...................................................117.881
Oregon Slough (North Portland Harbor)............................117.887
Suislaw River....................................................117.889
South Slough.....................................................117.892
Umpqua River.....................................................117.893
Wallooskee River.................................................117.895
Willamette River.................................................117.897
Youngs Bay and Lewis and Clark River.............................117.899

                                 P

Painting bridge piers............................................118.140
Penalties for failure to maintain..................................118.5
Penalties for interference or obstruction.........................118.15
Pennsylvania
Chester Creek....................................................117.901
Darby Creek......................................................117.903
Delaware River...................................................117.904
Schuylkill River.................................................117.905
Periods of operation..............................................118.55
Permit bonds......................................................115.15
Permits, limiting date............................................115.10
Permits, transfer of..............................................115.20
Plans and specifications under the Truman-Hobbs Act...............116.40
Posting of requirements...........................................117.55
Preliminary investigation.........................................116.15
Preliminary review................................................116.10
Primary authority, necessary......................................115.05
Bridge locations and clearances administrative procedures........Part115
Public hearings...................................................116.25
Purpose of rules...........................114.01, 115.01, 117.1, 117.51

                                 R

Radar reflectors and racons......................................118.120
Radiotelephone installation identification........................117.24
Radiotelephone installation.......................................117.23
Repairs, bridge...................................................115.40
Revocations.......................................................114.30
Rhode Island
Right of appeal...................................................114.50

[[Page 682]]

                                 S

Signaling for an opened drawbridge................................117.21
Signaling for contiguous drawbridges..............................117.17
Signaling when the draw shall open.................................117.5
Signaling when two or more vessels are approaching adrawbridge....117.19
Signals...........................................................117.15
South Carolina
Atlantic Intracoastal Waterway, Little River to SavannahRiver....117.911
Asheppo River....................................................117.913
Ashley River.....................................................117.915
Battery Creek....................................................117.917
Broad River......................................................117.921
Congaree River...................................................117.923
Cooper River.....................................................117.925
Coosaw River (Whale Branch)......................................117.927
Durham Creek.....................................................117.929
Pee Dee River....................................................117.933
Rantowles Creek..................................................117.935
Savannah River...................................................117.936
Waccamaw River...................................................117.938
Wando River......................................................117.939
South Dakota
Missouri River...................................................117.941
Special requirements due to hazards...............................117.59
Specific requirements................................Part 117, Subpart B
State authority for bridges.......................................115.30
State; rivers by................................................Part 117

                                 T

Tennessee
Cumberland River.................................................117.943
Hatchie River....................................................117.945
Obion River......................................................117.947
Tennessee River..................................................117.949
Texas
Arroyo Colorado River............................................117.951
Brazos River (Diversion Channel).................................117.953
Buffalo Bayou....................................................117.955
Cedar Bayou......................................................117.957
Chocolate Bayou..................................................117.959
Cow Bayou........................................................117.965
Greens Bayou.....................................................117.967
Gulf Intracoastal Waterway.......................................117.968
Lavaca River.....................................................117.969
Neches River.....................................................117.971
Old Brazos River.................................................117.975
Pelican Island Causeway, Galveston Channel.......................117.977
Sabine Lake......................................................117.979
Sabine River.....................................................117.981
San Bernard River................................................117.984
Taylor Bayou.....................................................117.987
Trinity River....................................................117.989
Traveller platforms..............................................118.150
Truman-Hobbs Act Apportionment of costs...........................116.50
Truman-Hobbs Act Submission of bids, approval of award, guarantyof 
cost, and partial payments for bridges eligible for funding.......116.45

[[Page 683]]

Alteration of unreasonably obstructive bridges..................Part 116

                                 U

Unnecessary opening of the draw...................................117.11

                                 V

Vermont
Lake Champlain...................................................117.993
Vertical clearance gauges........................................118.160
Violations of law.................................................114.40
Violations, process of............................................117.49
Virginia
Appomattox River.................................................117.995
Atlantic Intracoastal Waterway, South Branch of the ElizabethRiver 
to the Albemarle and Chesapeake Canal............................117.997
Blackwater River.................................................117.999
Cat Point Creek.................................................117.1001
Chickahominy River..............................................117.1003
Chincoteague Channel............................................117.1005
Elizabeth River-Eastern Branch..................................117.1007
Great Wicomico River............................................117.1011
Kinsale Creek...................................................117.1013
Mattaponi River.................................................117.1015
North Landing River.............................................117.1021
Pamunkey River..................................................117.1023
York River......................................................117.1025

                                 W

Washington
Chehalis River..................................................117.1031
Columbia River..................................................117.1035
Cowlitz River...................................................117.1037
Duwamish Waterway...............................................117.1041
Hood Canal......................................................117.1045
Hoquiam River...................................................117.1047
Lake Washington.................................................117.1049
Lake Washington Ship Canal......................................117.1051
Lewis River.....................................................117.1053
Skagit River....................................................117.1055
Skamokawa Creek.................................................117.1057
Snake River.....................................................117.1058
Snohomish River, Steamboat Slough, and Ebey Slough..............117.1059
Tacoma Harbor...................................................117.1061
Willapa River...................................................117.1063
Wishkah River...................................................117.1065
Wisconsin
Black River.....................................................117.1081
Duluth-Superior Harbor (St.Louis River).........................117.1083
East River......................................................117.1085
Fox River.......................................................117.1087
Manitowoc River.................................................117.1089
Menomonee River.................................................117.1091
Milwaukee, Menomonee, and Kinnickinnic Rivers and South 
Menomoneeand Burham Canals......................................117.1093
Root River......................................................117.1095
Sheboygan River.................................................117.1097

[[Page 684]]

St. Croix River.................................................117.1099
Sturgeon Bay....................................................117.1101
Upper Mississippi River.........................................117.1103
Wisconsin River.................................................117.1105
Wolf River......................................................117.1107
Work constructed without prior authority..........................114.25

[[Page 685]]



                    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_Security Program

120.200 What must my Vessel Security Program cover?
120.210 What are the responsibilities of my vessel securityofficer?
120.220 What must I do to report an unlawful act and relatedactivity?

           Subpart C_Plans and Procedures for Vessel Security.

120.300 What is required to be in a Vessel Security Plan?
120.303 Who must submit a Terminal Security Plan?
120.305 What is the procedure for examination?
120.307 What do I do if I need to amend my Vessel SecurityPlan?
120.309 What is my right of appeal?

    Authority: 33 U.S.C. 1231; Department of HomelandSecurity 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 
morethan 24 hours, any part of which is on the high seas; and for 
whichpassengers are embarked or disembarked in the United States or 
itsterritories. It does not apply to ferries that hold Coast 
GuardCertificates of Inspection endorsed for ``Lakes, Bays, andSounds'', 
and that transit international waters for only shortperiods of time, on 
frequent schedules.



Sec. 120.110  Definitions.

    As used in this part:
    Captain of the Port (COTP) means the Coast Guard officerdesignated 
by the Commandant to command a Captain of the Port Zone asdescribed in 
Part 3 of this chapter, or an authorized representative.
    Commandant means the Commandant of the U.S. Coast Guard, oran 
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, thatmaintains 
operational control over a passenger vessel or passengerterminal.
    Passenger terminal means any structure used for theassembling, 
processing, embarking, or disembarking of passengers orbaggage for 
vessels subject to this part. It includes piers, wharves,and similar 
structures to which a vessel may be secured; land andwater under or in 
immediate proximity to these structures; buildingson or contiguous to 
these structures; and equipment and materials onor in these structures.
    Security Level I means the degree of security precautions totake 
when the threat of an unlawful act against a vessel or terminalis, 
though possible, not likely.
    Security Level II means the degree of security precautionsto take 
when the threat of an unlawful act against a vessel orterminal is 
possible and intelligence indicates that terrorists arelikely to be 
active within a specific area, or against a type ofvessel or terminal.
    Security Level III means the degree of security precautionsto take 
when the threat of an unlawful act against a vessel orterminal is 
probable or imminent and intelligence indicates thatterrorists 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 itsreturn to 
that port or another port where the majority of thepassengers are 
disembarked and terminate their voyage.

[[Page 686]]

    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 byCGD91-012, 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 partwith 
the approval of the Director of the Federal Register inaccordance with 5 
U.S.C. 552(a) and 1 CFR Part 51. To enforce anyedition other than that 
specified in paragraph (b) of this section,the Coast Guard must publish 
notice of change in the FederalRegister and must make the material 
available to the public. Allapproved material may be inspected at the 
U.S. Coast Guard, (G-MES),2100 Second Street SW., Washington, DC. Copies 
may be obtained fromIMO, 4 Albert Embankment, London SE1 7SR, or at the 
National Archivesand Records Administration (NARA). For information on 
the availabilityof 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 
thispart and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures toPrevent 
Unlawful Acts Against Passengers and Crews on Board ShipsSeptember 26, 
1986--120.220, 120.300



                       Subpart B_Security Program

[CGD 91-012, 61 FR 37652, July 18, 1996, as amended at69 FR 18803, Apr. 
9, 2004]



Sec. 120.200  What must my Vessel Security Program cover?

    (a) If this part applies to your passenger vessel, you mustimplement 
a program for that vessel that--
    (1) Provides for the safety and security of persons and 
propertytraveling aboard the vessel, against unlawful acts;
    (2) Prevents or deters the carriage aboard the vessel of 
anyprohibited weapon, incendiary, or explosive, on or about any person 
orwithin his or her personal articles or baggage, and the carriage ofany 
prohibited weapon, incendiary, or explosive, in stowed baggage,cargo, or 
stores;
    (3) Prevents or deters unauthorized access to the vessel and 
torestricted areas aboard the vessel;
    (4) Provides appropriate security measures for Security Levels I,II, 
and III that allow for increases in security when the Commandantor 
Captain of the Port (COTP) advises you that a threat of an unlawfulact 
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 
toperform their duties relative to security; and
    (7) Provides for coordination with terminal security while inport.
    (b) If this part applies to your passenger vessel, you must workwith 
the operator of each terminal at which that vessel embarks ordisembarks 
passengers, to provide security for the passengers and thevessel. You 
need not duplicate any provisions fulfilled by theterminal unless 
directed to by the Commandant. When a provision isfulfilled by the 
terminal, the applicable section of the VesselSecurity Plan required by 
Sec. 120.300 must refer to thatfact.

[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 mustdesignate 
a security officer for your vessel.
    (b) This officer must ensure that--
    (1) An initial comprehensive security survey is conducted 
andupdated;
    (2) The Vessel Security Plan required by Sec. 120.300 isimplemented 
and maintained, and amendments to correct its deficienciesand satisfy 
the security requirements for the vessel are proposed;
    (3) Adequate training for members of the crew responsible 
forsecurity is provided;

[[Page 687]]

    (4) Regular security inspections of the vessel are conducted;
    (5) Vigilance is encouraged, as well as is general awareness 
ofsecurity, aboard the vessel;
    (6) All occurrences or suspected occurrences of unlawful acts 
andrelated activities are reported under Sec. 120.220; and
    (7) Coordination, for implementation of the Vessel Security 
Planrequired by Sec. 120.300, takes place with the terminalsecurity 
officer at each terminal where the vessel embarks ordisembarks 
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 eachbreach 
of security, unlawful act, or threat of an unlawful act againstany of 
your passenger vessels to which this part applies, or againstany person 
aboard it, that occurs in a place subject to thejurisdiction of the 
United States. You must report the incident toboth the COTP and to the 
local office of the Federal Bureau ofInvestigation (FBI). Also, if your 
vessel is a U.S.-flag vessel, youmust report each such incident that 
occurs in a place outside thejurisdiction of the United States to the 
hotline of the ResponseCenter of the Department of Homeland Security 
at1-800-424-0201, or, from within metropolitanWashington, D.C., at 202-
372-2428; Fax:202-372-2920.
    (b) Either you or the vessel security officer must file a 
writtenreport of the incident, using the form ``Report on an 
UnlawfulAct,'' contained in IMO MSC Circular 443, which you or 
theofficer must forward as soon as possible to Commandant (G-MOR), 
U.S.Coast Guard Headquarters, 2100 Second Street SW., Washington, 
DC20593-0001. 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 byUSCG-2003-14505, 68 
FR 9535, Feb. 28, 2003;USCG-2006-25150, 71 FR 39208, July 12, 2006]



           Subpart C_Plans and Procedures for Vessel Security



Sec. 120.300  What is required to be in a Vessel Security Plan?

    (a) If your passenger vessel is subject to this part, you 
mustdevelop and maintain, in writing, for that vessel, an 
appropriateVessel Security Plan that--
    (1) Is unique to the vessel;
    (2) Articulates the program required by Sec. 120.200;and
    (3) Includes an appendix, for each port where the vessel embarksor 
disembarks passengers, that contains port-specific securityinformation.
    (b) The Vessel Security Plan must be developed and maintainedunder 
the guidance in IMO MSC Circular 443, and must establishsecurity 
measures to take for Security Levels I, II, and III,to--
    (1) Deter unauthorized access to the vessel and its restrictedareas;
    (2) Deter the introduction of prohibited weapons, incendiaries, 
orexplosives 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 
securityaboard the vessel;
    (5) Coordinate responsibilities for security with the operator 
ofeach 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 Security Plan to address any 
knowndeficiencies.
    (d) You must restrict the distribution, disclosure, andavailability 
of information contained in the Vessel Security Plan tothose persons 
with an operational need to know.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec. 120.303  Who must submit a Terminal Security Plan?

    (a) You must submit a Terminal Security Plan whenever--
    (1) There is an agreement with the owner or operator of a 
terminalthat you will submit the Plan;

[[Page 688]]

    (2) You have exclusive use of the pier and terminal 
buildingimmediately adjacent to the pier and have complete control of 
thatarea;
    (3) There is no terminal; or
    (4) Passengers embark or disembark but no baggage or stores 
areloaded or offloaded.
    (b) In the situations described in paragraphs (a)(3) and (4) ofthis 
section, you may, with the permission of the cognizant COTP, usean annex 
to the vessel's security plan instead of a Terminal SecurityPlan.
    (c) The owner or operator of a terminal must submit a 
TerminalSecurity Plan whenever--
    (1) There is an agreement with you that the owner or operator ofthe 
terminal will submit the Plan;
    (2) No security agreement exists; or
    (3) (i) At least one vessel other than a passenger vessel uses 
theterminal;
    (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 Security Planrequired 
by Sec. 120.300, or of any Terminal Security Planor annex required or 
permitted under Sec. 120.303 orSec. 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 toCommanding Officer (MSC), United States Coast Guard, JR10-
0525,2100 2nd Street, SW., Washington, DC 20593, for examination at 
least60 days before embarking passengers on a voyage described inSec. 
120.100.
    (b) If the Commanding Officer, Marine Safety Center, finds thatthe 
Vessel Security Plan meets the requirements ofSec. 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 thatthe 
Vessel Security Plan does not meet the requirements ofSec. 120.300, he 
or she will return the Plan with anexplanation of why it does not meet 
them.
    (d) No vessel subject to this part may embark or disembarkpassengers 
in the United States, unless it holds either a VesselSecurity Plan that 
we have examined or a letter from the CommandingOfficer, Marine Safety 
Center, stating that we are currently reviewingthe Plan and that normal 
operations may continue until we havedetermined whether the Plan meets 
the requirements ofSec. 120.300.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended byUSCG-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 Security Plan?

    (a) If your passenger vessel is subject to this part, you mustamend 
your Vessel Security Plan when directed by the CommandingOfficer, Marine 
Safety Center, and may amend it on your owninitiative.
    (b) You must submit each proposed amendment to the Vessel 
SecurityPlan you initiate, including changes to any appendix required 
bySec. 120.300(a)(3), to the Commanding Officer, Marine SafetyCenter, 
for review, at least 30 days before the amendment is to takeeffect, 
unless he or she allows a shorter period. He or she willexamine the 
amendment and respond according to Sec. 120.305.
    (c) The Commanding Officer, Marine Safety Center, may direct youto 
amend your Vessel Security Plan if he or she determines 
thatimplementation of the Plan is not providing effective security. 
Exceptin an emergency, he or she will issue you a written notice of 
mattersto address and will allow you at least 60 days to submit 
proposedamendments.
    (d) If there is an emergency or other circumstance where the 
COTPdetermines that implementation of the Plan is not providing 
effectivesecurity, and the procedures in paragraph (c) of this section 
areimpracticable, the COTP may give you an order to implement 
increasesin security immediately. The order will incorporate a statement 
of thereasons for it.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001]

[[Page 689]]



Sec. 120.309  What is my right of appeal?

    Any person directly affected by a decision or action taken by 
theCommanding Officer, Marine Safety Center, under this part, may 
appealthat action or decision to the Assistant Commandant for Marine 
Safety,Security and Environmental Protection [Commandant (G-M)] 
according tothe procedures in 46 CFR 1.03-15.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001;USCG-2002-12471, 67 FR 41332, June 18, 2002]

[[Page 691]]

                                  INDEX

         SUBCHAPTER K_SMALL PASSENGER VESSELS CARRYING MORE THAN150 
 PASSENGERS OR WITH OVERNIGHT ACCOMMODATIONS FOR MORE THAN 49PASSENGERS

  Editorial Note: This listing is provided forinformational purposes 
only. It is compiled and kept up-to-date by theCoast Guard, Department 
of Homeland Security, and is revised throughJuly 1, 2008.

                                               Part, subpart, or section

                                 A

Abandon ship and man overboard drills and training...............122.520
Accidents to machines............................................122.208
Accommodation space, definition..................................114.400
Accommodations, crew...........................116.700, 116.710, 116.730
Accommodations, passenger......................116.800, 116.810, 116.820
Adequate hull protection.........................................114.400
Additional requirements (Lifesaving)..............................117.25
Alcohol or drug use by individuals...............................122.210
Alterations and repairs.................................115.700, 115.702
Alternative Hull Examination (AHE) Program.......................114.400
Alternative requirements for a vessel operating as other than 
asmall passenger vessel..........................................115.114
American Boat and Yacht Council, Inc. (ABYC).....................114.600
American Bureau of Shipping (ABS)................................114.600
American National Standards Institute (ANSI).....................114.600
American Society for Testing and Materials (ASTM)................114.600
Anniversary date.................................................114.400
Appeals, right of................................................114.560
Applicability of regulations (general)...........................114.110
Applicability to existing vessels......114.112, 116.115, 117.15,118.115, 
                                      119.115, 120.115, 121.115, 122.115
Approval series..................................................114.400
Approved equipment and material..................................114.800
Area of refuge, definition.......................................114.400
Atrium, definition...............................................114.400
Atriums..........................................................116.440
Auto pilot.......................................................122.360
Auxiliary machinery..............................................119.310
Auxiliary machinery space, definition............................114.400
Auxiliary means of steering......................................119.600

                                 B

Balconies........................................................116.439
Balcony, definition..............................................114.400
Ballast systems........................................116.1200, 119.540
Batteries......................................120.350, 120.352, 120.354
Beam (B), definition.............................................114.400
Bilge high level alarms..........................................119.530

[[Page 692]]

Bilge piping system..............................................119.510
Bilge pumps......................................................119.520
Boilers, auxiliary; installation.................................119.310
Boilers, inspection..............................................115.812
Boilers, propulsion..............................................119.220
Bulbous bow, definition..........................................114.400
Bulkhead, collision.........116.1200, 119.422(b), 119.510(a), 122.335(c)
Bulkhead deck..............................................122.602(b)(3)
Bulkhead deck, definition........................................114.400
Bulkheads, watertight:
Exhaust piping passage through................................119.430(f)
Watertight integrity............................................116.1160
Buoyant apparatus:
Equipment for....................................................117.175
General..........................................................117.200
Stowage..........................................................117.137
Use on existing vessel.........................................117.15(d)

                                 C

Cable, definition................................................114.400
Cable and wiring.................................................120.340
Carbon dioxide extinguishing system (Fixed):
Amount of CO2 gas required...................118.410(f)(4)(i)
Closure of openings...........................................119.465(h)
Controls.............................................118.410(b), 122.612
Cylinders.....................................................118.410(c)
Discharge outlets......................................118.410(f)(4)(iv)
Piping........................................................118.410(d)
Servicing........................................................115.810
Where required...................................................118.400
Cargo space, definition..........................................114.400
Casualty, notice of..............................................122.202
Ceilings, linings, interior finish and decorations...............116.422
Certificate of inspection:
Amendment........................................................115.120
Application for..................................................115.105
Compliance with provisions of....................................122.315
Conditions of validity...........................................115.502
Description......................................................115.103
How to obtain or renew...........................................115.105
Passengers permitted.............................................115.113
Period of validity...............................................115.107
Permit to carry excursion party..................................115.204
Permit to proceed................................................115.202
Posting..........................................................115.302
Routes permitted.................................................115.110
Subsequent inspections for.......................................115.404
Total persons permitted..........................................115.112
When required....................................................115.100
Certificates, International Convention for Safety of Life at Sea,1974, 
as amended (SOLAS):
Duration......................................................115.910(c)
Exemption Certificate............................................115.920
Passenger Ship Safety Certificate................................115.910
Certification expiration date stickers...........................115.310
Char length, definition..........................................114.400
Charts...........................................................121.420

[[Page 693]]

Circuit breakers.................................................120.380
Classification societies, recognized: Adoption ofstandards.......114.600
Coast Guard District Commander, definition.......................114.400
Coast Pilot......................................................121.420
Coastwise, definition............................................114.400
Cockpit vessel, definition.......................................114.400
Cold water, definition...........................................114.400
Collision bulkhead..........116.1200, 119.422(b), 119.510(a), 122.335(c)
Commandant, definition...........................................114.400
Communication system:
Engineroom....................................................121.602(c)
Internal.........................................................121.602
Public address...................................................121.610
Testing of.......................................................122.320
Compass..........................................................121.402
Compressed natural gas (CNG).....................................121.240
Consideration, definition........................................114.400
Construction and arrangement:
Alternate design considerations..................................116.340
Applicability to existing vessels................................116.115
Collision bulkhead..............................................116.1200
Crew accommodations............................116.700, 116.710, 116.730
Deck rails.......................................................116.900
Guards for exposed hazards.......................................116.960
Hull structure..........................................116.300, 116.330
Means of escape..................................................116.500
Passenger accommodation.................................116.800, 116.810
Plans............................................................116.202
Plans for sister vessels.........................................116.210
Sailing Vessels..................................................116.330
Seating..........................................................116.820
Storm rails......................................................116.920
Structural design................................................116.300
Vehicles, guards, rails, etc., for runways on vessels............116.940
Ventilation for enclosed spaces..................................116.600
Ventilation of machinery and fuel tank spaces....................116.620
Continuous B-class ceiling, definition...........................114.400
Control space, definition........................................114.400
Cooking and heating:
Equipment...............................................121.210, 121.220
Gas systems......................................................121.240
General..........................................................121.200
Restrictions.....................................................121.202
Structural fire protection.......................................116.430
Corrosion-resistant material, definition.........................114.400
Crew accommodation space, definition.............................114.400
Crew accommodations............................116.700, 116.710, 116.730
Crew and passenger list..........................................122.502
Crew training....................................................122.420
Critical radiant flux, definition................................114.400
Current tables.............................................121.420(a)(5)
Custom engineered, definition....................................114.400
Cylinders:
Fire extinguishing equipment.....................................115.810
Fixed fire extinguishing systems:
Controls......................................................118.410(b)
Installation...............................................118.410(a)(3)
Storage room, location on instructions........................118.410(c)

[[Page 694]]

                                 D

Dead cover, definition...........................................114.400
Deck area criterion........................................115.113(b)(2)
Deck coverings...................................................116.425
Deck rails.......................................................116.900
Definition of terms used.........................................114.400
Diesel:
Engine cooling...................................................119.420
Engine exhaust cooling...........................................119.425
Engine exhaust pipe installation.................................119.430
Fuel supply piping...............................................119.455
Ventilation of machinery spaces..................................119.465
Ventilation of fuel tank spaces..................................119.470
Discharge outlets (Carbon dioxide).....................118.410(f)(4)(iv)
Distress signals.........................................117.68, 122.614
Distribution panel, definition...................................114.400
Doors............................................................116.435
Doors, loading...................................................122.335
Draft, definition................................................114.400
Drainage of weather decks:
Cockpit vessels.................................................116.1120
Flush deck vessels..............................................116.1110
Open boats......................................................116.1120
Well deck vessels...............................................116.1120
Drills and training:
Abandon ship and man overboard...................................122.520
Fire fighting....................................................122.524
Dripproof, definition............................................114.400
Dry-dock examination definition..................................114.400
Dry-docking or hauling out:
Extension of interval............................................115.675
Scope of dry-dock examination....................................115.610
When required....................................................115.600

                                 E

Electrical installation:
Applicability to existing vessels................................120.115
Batteries......................................120.350, 120.352, 120.354
Cable and wiring requirements....................................120.340
Cooking equipment................................................121.220
Circuit breakers.................................................120.380
Disconnect switches and devices..................................120.380
Distribution panels and switchboards.............................120.330
Dual voltage generators..........................................120.324
Enclosures....................................................120.220(e)
Equipment and conductor grounding................................120.372
General design, installation, and maintenancerequirements........120.200
General grounding requirements...................................120.370
General safety provisions........................................120.220
Generators and motors...................................120.320, 120.322
Grounded distribution systems....................................120.376
Heating equipment................................................121.210
Name plates...................................................120.320(d)
Overcurrent protection...........................................120.380
Protection from wet and corrosive environments...................120.210
Radiotelephone installations.....................................120.392

[[Page 695]]

Shore power......................................................120.390
Electrical material inspection...................................115.806
Electronic position fixing devices...............................121.410
Elevators...............................................116.438, 120.540
Embarkation deck, definition.....................................114.400
Embarkation station, definition..................................114.400
Embarkation station..............................................116.500
Emergency broadcast placards.....................................121.506
Emergency instructions..................................122.510, 122.512
Emergency lighting...............................................120.432
Emergency Position Indicating Radiobeacon (EPIRB).................117.64
Testing and maintenance..........................................122.728
Emergency power source...........................................120.312
Enclosed space, definition.......................................114.400
Engineroom communication system...............................121.602(c)
Equivalents......................................................114.540
Escape, means of.................................................116.500
Excursion party..................................................115.204
Exemption Certificate.........................................115.920(d)
Exhaust cooling..................................................119.425
Exhaust pipe installations.......................................119.430
Existing vessel, definition......................................114.400
Exit.............................................................114.400
Exposed waters, definition.......................................114.400

                                 F

Federal Communications Commission (FCC)..........................121.502
Ferries carrying vehicles........................................116.940
Ferry, definition................................................116.400
Fiber reinforced plastic, definition.............................114.400
Fire axe.........................................................118.600
Fire control boundaries..........................................116.415
Fire control boundary, definition................................114.400
Fire control plan................................................116.530
Fire extinguishers, portable:
Installation and location........................................118.520
Required number, type, and location..............................118.500
Fire extinguishing equipment.....................................115.810
Fire extinguishing system, fixed:
Amount of CO2 gas required...................118.410(f)(4)(i)
Closure of openings...........................................119.465(h)
Controls.............................................118.410(b), 122.612
Cylinders. (See also Cylinders)...............................118.410(c)
Discharge outlets......................................118.410(f)(4)(iv)
Piping........................................................118.410(d)
Pre-engineered...................................................118.420
Type required....................................................118.410
Where required...................................................118.400
Fire load........................................................116.427
Fire load, definition............................................114.400
Fire main system:
Fire hoses and nozzles...........................................118.320
Fire main and hydrants...........................................118.310
Fire pumps.......................................................118.300
Fire protection equipment, general:
Applicability to existing vessels................................118.115
Approved type....................................................114.800

[[Page 696]]

Installed but not required.......................................118.120
Inspection requirements..........................................115.810
Structural fire protection.......................................116.430
Fire pumps.......................................................118.300
First aid kits...................................................121.710
Fixed seating criterion....................................115.113(b)(3)
Flame spread, definition.........................................114.400
Flash point, definition..........................................114.400
Float-free, definition...........................................114.400
Flush deck vessel, definition....................................114.400
Freeing port, definition.........................................114.400
Fuel piping......................................................119.455
Fuel restrictions................................................119.405
Fuel shutoff valves:
Marking..........................................................122.608
Where required.............................................119.455(b)(3)
Fuel systems (Portable)..........................................119.458
Fuel tanks:
Fill and sounding pipes..........................................119.445
Independent......................................................119.440
Integral.........................................................119.435
Vent pipes.......................................................119.450
Furniture and furnishings........................................116.423
Fuses.........................................................120.380(l)

                                 G

Galley, definition...............................................114.400
Galley hood fire extinguishing systems...........................118.425
Gasoline engines:
Applicability....................................................119.400
Engine cooling...................................................119.420
Engine exhaust cooling...........................................119.425
Engine exhaust pipe installation.................................119.430
Gasoline fuel supply piping......................................119.455
Gauges, propulsion engines....................................119.410(b)
General alarm systems............................................120.550
Generators and motors...................................120.320, 120.322
Great Lakes, definition..........................................114.400
Gross tonnage, definition........................................114.400
Grounded distribution system.....................................120.376
Guards for exposed hazards.......................................116.960
Guards in vehicle spaces.........................................116.940

                                 H

Halon:
Fixed fire extinguishing system......................118.410(g), 118.420
Portable extinguishers...........................................115.810
Harbor of safe refuge, definition................................114.400
Hardwood, definition.............................................114.400
Hatches:
Closure of.......................................................122.512
Escape...................................................116.500,122.606
Installation of storm rails or hand grabs........................116.920
Watertight.............................................116.1160, 122.610
Hauling out, dry-docking.........................................115.600
Hazardous areas..................................................120.530
Hazardous condition, definition..................................114.400

[[Page 697]]

Heaters, water...................................................119.320
Heating and cooking:
Equipment...............................................121.210, 121.220
Gas systems......................................................121.240
General..........................................................121.200
Restrictions.....................................................121.202
Structural fire protection.......................................116.430
High risk accommodation space, definition........................114.400
High risk service space, definition..............................114.400
High seas, definition............................................114.400
High Speed Craft..............................................114.540(b)
High Speed Craft, definition.....................................114.400
Hose:
Fire.............................................................118.320
Flexible......................................................119.410(c)
Fuel.............................................................119.455
Hot work.........................................................115.710
Hull inspection..................................................115.802
Hull markings....................................................122.602
Hull structural design...........................................116.300
Hydrants, fire...................................................118.310
Hydrostatic release units.........................115.808(a)(5), 122.740

                                 I

Incorporation by reference.......................................114.600
Independent laboratory, definition...............................114.400
Inflatable buoyant apparatus:
Embarkation arrangements.........................................117.150
Equipment........................................................117.175
Inspection.......................................................115.808
Placards.........................................................122.518
Servicing........................................................122.730
Stowage..........................................................117.130
Where required...................................................117.200
Inflatable survival craft, definition............................114.400
Inspection of vessels:
Additional tests and inspections.................................115.840
Annual...........................................................122.726
Assignment of marine inspector................................115.400(b)
Electrical.......................................................115.806
Fire extinguishing equipment.....................................115.810
Hull.............................................................115.802
Initial inspection for certification.............................115.402
Inspection standards.............................................115.800
Lifesaving equipment.............................................115.808
Machinery........................................................115.804
Miscellaneous systems and equipment..............................115.816
Monthly..........................................................122.722
Notice of deficiencies and requirements..........................115.801
Pressure vessels and boilers.....................................115.812
Quarterly........................................................122.724
Reinspection............................................115.500, 115.502
Renewal of certificate...........................................115.404
Repairs and alterations..........................................115.700
Sanitary inspection..............................................115.818
Special consideration............................................114.550
Steering systems.................................................115.814

[[Page 698]]

Unsafe practices.................................................115.830
Weekly and maintenance...........................................122.720
Insulation other than for structural fire protection.............116.430
Interior finish, definition......................................114.400
Internal structural examination..................................114.400
International Convention for Safety of Life at Sea, 1974 
(SOLAS):Applicability...................................114.120, 115.900
International Maritime Organization (IMO)........................114.600
International voyage, definition.................................114.400
International voyages:
Applicability.....................................................117.10
Hull markings on vessels.........................................122.602
Passengers.......................................................115.900

                                 K

Keel and grid cooler installation................................119.422

                                 L

Ladders..........................................................116.438
Lakes, bays and sounds, definition...............................114.400
Launching appliance, definition..................................114.400
Length, definition...............................................114.400
Length between perpendiculars (LBP), definition..................114.400
Length of rail criterion.........................................115.113
Licenses:
Exhibition of....................................................122.402
Suspension or revocation of......................................122.910
Lifeboat floodlights.............................................120.434
Lifeboat winches.................................................120.520
Life floats, equipment for.......................................117.175
Life floats, general.............................................117.200
Life jacket lights................................................117.75
Life jacket placards.............................................122.516
Life jackets......................................................117.71
Life jackets, inspection of...................................115.808(e)
Life jackets, stowage of..........................................117.78
Life jackets, wearing of.........................................122.508
Lifeline...........................................117.70(c), 117.175(e)
Liferafts:
Embarkation arrangements.........................................117.150
Equipment........................................................117.175
Floodlights......................................................120.434
Inspection.......................................................115.808
Placards.........................................................122.518
Servicing........................................................122.730
Stowage..........................................................117.130
Where required...................................................117.200
Lifesaving equipment:
Applicability to existing vessels.................................117.15
Approved.........................................................114.800
For vessels in Great Lakes service...............................117.206
For vessels in lakes, bays, and sounds service...................117.207
For vessels in ocean service.....................................117.202
For vessels in coastwise service.................................117.204
For vessels in limited coastwise service.........................117.205
For vessels in river service.....................................117.208
Inspection of....................................................115.808

[[Page 699]]

Installed but not required........................................117.25
Life jackets, number required.....................................117.71
Life jackets, type required.......................................117.71
Marking.......................................................122.604(b)
Personal flotation devices carried in addition to lifejackets.....117.72
Pyrotechnic distress signals......................................117.68
Rescue boats.....................................................117.210
Ring life buoys and water lights..................................117.70
Stowage of life floats and buoyant apparatus.....................117.137
Stowage of life jackets...........................................117.78
Stowage of survival craft........................................117.130
Substitutions....................................................117.200
Light lists......................................................121.420
Lighting, emergency..............................................120.432
Lighting, fixtures...............................................120.410
Lighting, portable...............................................120.430
Limited coastwise, definition....................................114.400
Lining, definition...............................................114.400
Liquefied petroleum gas (LPG)....................................121.240
Load lines.......................................................114.122
Loading doors....................................................122.335
Low risk accommodation space, definition.........................114.400
Low risk service space, definition...............................114.400

                                 M

Machinery, material inspection...................................115.804
Machinery installation:
Applicability to existing vessels................................119.115
Auxiliary machinery..............................................119.310
Machinery requirements, specific:
Engine cooling...................................................119.420
Exhaust cooling..................................................119.425
Exhaust pipe installation........................................119.430
Fuel tanks, independent..........................................119.440
Fuel tanks, integral.............................................119.435
Pipes, filling and sounding......................................119.445
Pipes, vent......................................................119.450
Piping, fuel.....................................................119.455
Portable fuel systems............................................119.458
Ventilation of compartments.............................119.465, 119.470
Machinery using gasoline as fuel: Applicability..................119.400
Machinery spaces, definition.....................................114.400
Main horizontal zone, definition.................................114.400
Main transverse watertight bulkhead, definition..................114.400
Main vertical zone, definition...................................114.400
Main vertical zones...........................................116.415(d)
Maintenance of falls.............................................122.704
Major conversion, definition.....................................114.400
Mandatory chemical testing following serious marineincidents.....122.212
Marine inspector or inspector, definition........................114.400
Marine sanitation devices........................................121.704
Marking required:
Escape hatches and emergency exits...............................122.606
Fire protection equipment........................................122.612
Fuel shutoff valves..............................................122.608
Hull markings....................................................122.602
Lifesaving gear..................................................122.604

[[Page 700]]

Portable watertight container for distress flares and smokesignals
                                                                 122.614
Watertight doors and watertight hatches..........................122.610
Master:
Definition.......................................................114.400
Duties:
Accidents to machinery...........................................122.208
Alcohol or drug use by individuals directly involved incasualties 
                                                                 122.210
Closure of loading doors.........................................122.335
Designation of watchman..........................................122.410
Drills............................................122.520(a), 122.524(a)
Emergency instructions, preparation and posting..................122.510
Navigation underway..............................................122.304
Notice of casualty...............................................122.202
Notice of hazardous conditions...................................122.203
Permission for repairs and alterations...........................115.700
Securing of hatches..............................................122.330
Testing of:
Communications systems...........................................122.320
Emergency position indicating radiobeacon (EPIRB)................122.728
Propulsion controls..............................................122.320
Signaling whistle................................................122.320
Steering gear....................................................122.320
Use of auto pilot................................................122.360
Verification of compliance with applicable stabilityrequirements 
                                                                 122.315
Vessels carrying vehicles........................................122.340
Written report of marine casualty................................122.206
Exclusion as passenger...........................................114.400
Prohibition from operation of vessel without certification 
ofexpiration date sticker affixed................................115.310
Mate: Changeover from automatic to manual steering and viceversa 
                                                                 122.360
Means of escape, definition......................................114.400
Mooring equipment................................................121.300
Motors and generators (50 volts or more)................120.320, 120.322
Motors and generators (less than 50 volts)..............120.320, 120.322

                                 N

Name plates, electrical equipment.............................120.320(d)
National Electrical Code.......................114.600, 120.340, 120.372
National Fire Protection Association (NFPA).....114.600, 121.200,121.240
Nautical publications............................................121.420
Navigation lights................................................120.420
New vessel, definition...........................................114.400
Noncombustible material, definition..............................114.400
Non-self-propelled vessel, definition............................114.400
Notice of casualty...............................................122.202

                                 O

Oceans, definition...............................................114.400
Officer in Charge, Marine Inspection (OCMI), definition..........114.400
Officers' licenses, exhibition of................................122.402
Officers' responsibilities in emergencies........................122.530
Oil pollution prevention equipment and procedures................121.702
OMB control numbers..............................................114.900

[[Page 701]]

Open boat, definition............................................114.400
Open deck, definition............................................114.400
Open to the atmosphere, definition...............................114.400
Operating station, definition....................................114.400
Operating station visibility....................................116.1030
Outlets, discharge.....................................118.410(f)(4)(iv)
Overnight accommodations (space), definition.....................114.400
Overnight accommodations for more than 49 passengers.............120.312

                                 P

Paddle.....................................................117.175(f)(2)
Painter....................................................117.175(f)(3)
Pantry, definition...............................................114.400
Partially enclosed space, definition.............................114.400
Partially protected waters, definition...........................114.400
Passenger accommodation space, definition........................114.400
Passenger, accommodations........................................116.810
Passenger count..................................................122.504
Passenger, definition............................................114.400
Passenger for hire, definition...................................114.400
Passenger safety orientation.....................................122.506
Passenger Ship Safety Certificate....................115.910 (a) and (b)
Passengers, number permitted.....................................115.113
Penalties...............................................122.900, 122.910
Permit to carry excursion party..................................115.204
Permit to proceed to another port for repair.....................115.202
Pilothouse control, definition...................................114.400
Piping:
Bilge............................................................119.510
Diesel engine cooling...................................119.420, 119.425
Diesel engine exhaust installation...............................119.430
Diesel fuel supply...............................................119.455
Filling and sounding pipes for diesel fuel tanks.................119.445
Filling and sounding pipes for gasoline fuel tanks...............119.445
Fixed gas fire extinguishing system..............................118.410
Gasoline engine exhaust installation....................119.425, 119.430
Gasoline fuel supply.............................................119.455
Vent pipes for diesel fuel tanks.................................119.450
Vent pipes for gasoline fuel tanks...............................119.450
Piping materials, nonferrous metallic............................119.730
Piping materials, nonmetallic....................................119.720
General.................................................119.700, 119.720
Non-vital systems.......................................119.715, 119.720
Vital systems....................................................119.710
Piping system, definition........................................114.400
Plans, submission for approval...................................116.202
Port light, definition...........................................114.400
Posting:
Certificate of inspection........................................115.302
Convention certificates..........................................115.302
Placards containing instructions for launching and 
inflatinginflatable life rafts...................................122.518
Stability letters................................................115.306
Power sources....................................................120.310
Power sources on vessels of more than 19.8 meters (65 feet) 
inlength.........................................................120.312
Pre-engineered, definition.......................................114.400

[[Page 702]]

Pressure vessels........................................115.812, 119.330
Propulsion engine control system.................................121.620
Propulsion machinery....................................119.200, 119.220
Protected waters, definition.....................................114.400
Protection against hot piping....................................116.970
Public address system............................................121.610
Pumps:
Bilge............................................................119.520
Fire, power......................................................118.300
Pyrotechnic distress signals......................................117.68

                                 R

Radar............................................................121.404
Radio............................................................121.502
Radio-phone equipment (less than 50 volts).......................120.392
Rafts............................................................117.200
Rails and guards......................116.900, 116.920, 116.940, 116.960
Records, retaining of voyage............................122.220, 122.280
Reinspection............................................115.500, 115.502
Remotely operated vehicle team...................................114.400
Repairs and alterations..........................................115.700
Report of Violation (ROV)........................................115.801
Reporting of casualty...................................122.206, 122.260
Rescue boat......................................................117.210
Responsibilities of officers in emergencies......................122.530
Restrictions, cooking and heating......121.202, 121.210, 121.220,121.240
Right of appeal..................................................114.560
Ring life buoys...................................................117.70
Rivers, definition...............................................114.400

                                 S

Safety areas, definition.........................................114.400
Safety glazing materials........................................116.1010
Safety valve seals...............................................115.704
Sailing vessel, definition.......................................114.400
Sailing vessels..................................................116.330
Sanitary inspection..............................................115.818
Scantlings, definition...........................................114.400
Scupper, definition..............................................114.400
Seating, fixed..........................................115.113, 116.820
Self-bailing cockpit, definition.................................114.400
Semiconductor rectifier systems..................................120.360
Service space, definition........................................114.400
Shallow water, definition........................................114.400
Ship's service loads, definition.................................114.400
Shore power (50 volts or more)...................................120.390
Short international voyage, definition...........................114.400
Signaling whistle tests..........................................122.320
Smoke developed rating, definition...............................114.400
Special consideration............................................114.550
Specific applicability or individual parts.......................114.112
Specific optical density, definition.............................114.400
Sprinkling system, manual.....................................118.400(h)
Stability letter.................................................115.306
Stability requirements, verification of vessel compliancewith....122.315
Stairtower, definition...........................................114.400
Stairtowers, stairways...........................................116.438

[[Page 703]]

Stairway, definition.............................................114.400
Standard fire test, definition...................................114.400
Standards, industrial; adoption of......................114.600, 115.800
Steel or equivalent material, definition.........................114.400
Steering apparatus...............................................115.814
Steering gear tests..............................................122.320
Stepped main vertical zone, definition...........................114.400
Storm rails......................................................116.920
Structural standards....................................116.300, 116.330
Submersible vessel...............................................114.400
Survival craft, definition.......................................114.400
Survival craft embarkation arrangements..........................117.150
Survival craft equipment.........................................117.175
Suspension and revocation........................................122.910
Switchboard, definition..........................................114.400
Switchboards (less than 50 volts)................................120.330

                                 T

Tailshaft examinations...........................................115.630
Tank fuel:
Diesel..................................................119.435, 119.440
Gasoline.........................................................119.440
Tests:
Communication systems............................................122.320
Controls.........................................................122.320
Signaling whistle................................................122.320
Steering gear....................................................122.320
This party examiner, definition..................................114.400
Tide tables......................................................121.420
Trunk, definition................................................114.400
Trunks...........................................................116.415

                                 U

Underwater survey in lieu of drydocking (UWILD),definition.......114.400
Underwriters' Laboratory, Inc. (UL)............114.600, 120.340, 120.410

                                 V

Vapor barriers................................................116.405(g)
Vehicle space, definition........................................114.400
Veneer, definition...............................................114.400
Ventilation:
Compartments containing diesel fuel tanks...............116.620, 119.470
Compartments containing diesel machinery................116.620, 119.465
Compartments containing gasoline machinery or fuel tanks.........116.620
Spaces other than machinery spaces...............................116.600
Ventilation ducts................................................116.610
Verification of vessel compliance with applicable 
stabilityrequirements............................................122.315
Vessel:
Definition.......................................................114.400
Of the United States, definition.................................114.400
On an international voyage.......................................114.120
Subject to the requirements of International Convention for 
Safetyof Life at Sea, 1974, (SOLAS).....................115.900, 115.920
Vessel control systems..........................................Part 121
Voyages, international:

[[Page 704]]

Hull markings on vessels.........................................122.602
Passengers..............................................115.900, 115.910
Survival craft....................................................117.10
Voyages, retaining of records of........................122.220, 122.282

                                 W

Warm water, definition...........................................114.400
Watchmen, duties of..............................................122.410
Water heaters....................................................119.320
Waterlights........................................117.70(d), 117.175(e)
Watertight, definition...........................................114.400
Watertight bulkheads/doors.......115.402(d)(5), 119.500, 122.330,122.610
Watertight doors and watertight hatches, markings on.............122.610
Watertight integrity............................................116.1160
Weather deck, definition.........................................114.400
Weathertight, definition.........................................114.400
Well deck vessel, definition.....................................114.400
Winches, lifeboat................................................120.520
Windows and air ports in fire control boundaries.................116.433
Wire, definition.................................................114.400
Wiring, size, insulation, etc. for lighting and power wiring 
(lessthan 50 volts)..............................................120.340
Wiring installation:
Conductors..............................................120.340, 120.370
Grounding...............................................120.340, 120.370
Lighting and power (less than 50 volts)..........................120.370
Methods and material (50 volts or more).................120.340, 120.410
Wiring joints and splices........................................120.340
Work space, definition...........................................114.400
Work vests.....................................................117.72   


[[Page 705]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters andparts and an 
alphabetical list of agencies publishing in the CFR areincluded in the 
CFR Index and Finding Aids volume to the Code ofFederal Regulations 
which is published separately and revisedannually.

  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 707]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 2008)

  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 thefollowing 
publications. This list contains only those incorporationsby reference 
effective as of the revision date of this volume.Incorporations by 
reference found within a regulation are effectiveupon the effective date 
of that regulation. For more information onincorporation 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 GuardHeadquarters, 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 theSafe Operation of Ships and for 
  Pollution Prevention, dated November4, 1993.
IMO Resolution A.739(18), Guidelines for the                      96.440
  Authorization ofOrganizations Acting on Behalf 
  of the Administration, dated November4, 1993.
IMO Resolution A.788(19), Guidelines on                   96.320; 96.440
  Implementation of theInternational Safety 
  Management (ISM) Code by Administrations, 
  datedNovember 23, 1995.
IMO Conference Resolution 1: Adoption of              101.115; 101.120; 
  Amendments to the Annexto the International         101.310; 101.410; 
  Convention for the Safety of Life at Sea,           101.505; 104.105; 
  1974,and Amendments to Chapter XI of SOLAS 1974      104.115;104.120; 
  (SOLAS Chapter XI-1 orSOLAS Chapter XI-2),            104.297; 104.400
  adopted December 12, 2002.
IMO Conference Resolution 2: Adoption of the          101.115; 101.410; 
  International Codefor the Security of Ships and     101.505; 104.105; 
  of Port Facilities (ISPS Code), Parts Aand 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 AgainstPassengers and Crews on Board 
  Ships,'' dated September 26, 1986.

[[Page 709]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2008)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts1--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 
                forGrants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grantsand Agreements (Parts 100--199)
        II  Office of Management and Budget Circulars and 
                Guidance(200--299)
            Subtitle B--Federal Agency Regulations for Grants 
                andAgreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration 
                (Parts1880--1899)
      XXII  Corporation for National and Community Service 
                (Parts2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration 
                (Parts2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

[[Page 710]]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           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 (Parts1500--1599)
        VI  Federal Retirement Thrift Investment Board 
                (Parts1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the FederalLabor Relations Authority and Federal 
                Service Impasses Panel (Parts2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)

[[Page 711]]

       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts6800--6899)
       LIX  National Aeronautics and Space Administration 
                (Parts6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development 
                (Parts7500--7599)
      LXVI  National Archives and Records Administration 
                (Parts7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board 
                (Parts8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System(Department of Homeland 
                Security--Office of PersonnelManagement) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                LaborRelations Systems (Department of Defense--
                Office of PersonnelManagement) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts0--99)
         X  Privacy and Civil Liberties Oversight Board 
                (Parts1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, MarketingPractices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts210--299)

[[Page 712]]

       III  Animal and Plant Health Inspection Service, Department 
                ofAgriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture(Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture(Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture 
                (Parts700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (FederalGrain Inspection Service), 
                Department of Agriculture (Parts800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders;Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts900--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 (Parts1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture 
                (Parts1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, RuralUtilities 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 
                (Parts2600--2699)
     XXVII  Office of Information Resources Management, Department 
                ofAgriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture 
                (Parts2800--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 (Parts3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department ofAgriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service,Department of Agriculture (Parts 3400--
                3499)

[[Page 713]]

      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                ofAgriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts3800--3899)
       XLI  [Reserved]
      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 
                ofAgriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packersand Stockyards Programs), 
                Department of Agriculture (Parts200--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 (Parts1800--1899)

                      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 (Parts1--199)
        II  Federal Reserve System (Parts 200--299)

[[Page 714]]

       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 (Parts500--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)
        XI  Federal Financial Institutions Examination Council 
                (Parts1100--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 ofHousing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department ofthe Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce(Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department ofCommerce (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 
                (AviationProceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration,Department of Transportation (Parts 
                400--499)
         V  National Aeronautics and Space Administration 
                (Parts1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce 
                (Parts0--29)
            Subtitle B--Regulations Relating to Commerce and 
                ForeignTrade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department ofCommerce (Parts 200--299)

[[Page 715]]

       III  International Trade Administration, Department of 
                Commerce (Parts300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department ofCommerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts1100--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 
                (Parts2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                andInformation
     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 (Parts1--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 
                HomelandSecurity; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission 
                (Parts200--299)

[[Page 716]]

       III  International Trade Administration, Department of 
                Commerce (Parts300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department ofHomeland Security (Parts 400--599)

                     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 (Parts500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts700--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 andTraining Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                HumanServices (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts1300--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 (Parts400--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 andMexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)

[[Page 717]]

       XIV  Foreign Service Labor Relations Board; Federal Labor 
                RelationsAuthority; General Counsel of the Federal 
                Labor Relations Authority;and the Foreign Service 
                Impasse Disputes Panel (Parts1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation(Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal HighwayAdministration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department ofTransportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housingand Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and 
                UrbanDevelopment
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department ofHousing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-
                FederalHousingCommissioner, Department of Housing 
                and Urban Development(Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housingand Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                AssistanceRestructuring, Department of Housing and 
                Urban Development (Parts400--499)
         V  Office of Assistant Secretary for Community Planning 
                andDevelopment, Department of Housing and Urban 
                Development (Parts500--599)
        VI  Office of Assistant Secretary for Community Planning 
                andDevelopment, Department of Housing and Urban 
                Development (Parts600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                UrbanDevelopment (Housing Assistance Programs and 
                Public and Indian HousingPrograms) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--
                FederalHousing Commissioner, Department of Housing 
                and Urban Development(Section 8 Housing Assistance 
                Programs, Section 202 Direct LoanProgram, Section 
                202 Supportive Housing for the Elderly Program 
                andSection 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)

[[Page 718]]

         X  Office of Assistant Secretary for Housing--Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (InterstateLand Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                UrbanDevelopment (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts300--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 IndianHealth Service, Department of Health and 
                Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department ofthe Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department ofthe Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of theTreasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Departmentof Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts600--699)
       VII  Office of Independent Counsel (Parts 700--799)

[[Page 719]]

      VIII  Court Services and Offender Supervision Agency for the 
                District ofColumbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts900--999)
        XI  Department of Justice and Department of State 
                (Parts1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts0--
                99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service 
                (Parts1400--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 
                (Parts2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor(Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of theInterior (Parts 300--399)
        IV  Geological Survey, Department of the Interior 
                (Parts400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Departmentof the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts0--50)

[[Page 720]]

            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 
                theTreasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury(Parts 800--899)
        IX  Federal Claims Collection Standards (Department of 
                theTreasury--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)
      XVII  Office of the Director of National Intelligence 
                (Parts1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives andRecords 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 
                (Parts2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts2800--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 ofTransportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education(Parts 1--99)

[[Page 721]]

            Subtitle B--Regulations of the Offices of 
                theDepartment of Education
         I  Office for Civil Rights, Department of Education 
                (Parts100--199)
        II  Office of Elementary and Secondary Education, 
                Department ofEducation (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 (Parts600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department ofEducation [Reserved]
        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 
                (Parts1--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)
        VI  [Reserved]
       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 (Parts1100--1199)
       XII  National Archives and Records Administration 
                (Parts1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in 
                NationalEnvironmental 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 
                (Parts301--399)

[[Page 722]]

        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce(Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts500--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 Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board 
                (Parts1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; UniformNational Discharge Standards for 
                Vessels of the Armed Forces (Parts1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                SeverelyDisabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                EmploymentOpportunity, Department of Labor 
                (Parts60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment andTraining Service, Department of 
                Labor (Parts61-1--61-999)
            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts101-1--
                101-99)
       102  Federal Management Regulation (Parts102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts109-1--109-99)
       114  Department of the Interior (Parts114-1--114-99)
       115  Environmental Protection Agency (Parts115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)

[[Page 723]]

            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management[Reserved]
            Subtitle E--Federal Information Resources 
                ManagementRegulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts301-1--
                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 
                (Parts304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services(Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                ofHealth and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health andHuman Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                HomelandSecurity (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts1--199)
            Subtitle B--Regulations Relating to Public Welfare

[[Page 724]]

        II  Office of Family Assistance (Assistance Programs), 
                Administrationfor Children and Families, 
                Department of Health and Human Services(Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                EnforcementProgram), Administration for Children 
                and Families, Department ofHealth and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children andFamilies, Department of Health and 
                Human Services (Parts400--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) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children andFamilies, Department of Health and 
                Human Services (Parts1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts1100--1199)
       XII  Corporation for National and Community Service 
                (Parts1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health andHuman Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts1700--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 
                (Parts2400--2499)
       XXV  Corporation for National and Community Service 
                (Parts2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                HomelandSecurity (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 
                SecurityCouncil (Parts 200--299)

[[Page 725]]

       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  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health BenefitsAcquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration 
                (Parts1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group LifeInsurance Federal Acquisition Regulation 
                (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development 
                (Parts2400--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 
                AcquisitionRegulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation 
                (Parts3400--3499)
        51  Department of the Army Acquisition Regulations 
                (Parts5100--5199)
        52  Department of the Navy Acquisition Regulations 
                (Parts5200--5299)
        53  Department of the Air Force Federal Acquisition 
                RegulationSupplement [Reserved]
        54  Defense Logistics Agency, Department of Defense 
                (Parts5400--5499)

[[Page 726]]

        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                ProcurementPolicy, Office of Management and Budget 
                (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Departmentof Transportation (Parts 
                100--199)
        II  Federal Railroad Administration, Department of 
                Transportation(Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department ofTransportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security 
                (Parts400--499)
         V  National Highway Traffic Safety Administration, 
                Department ofTransportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation(Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department ofTransportation [Reserved]
       XII  Transportation Security Administration, Department of 
                HomelandSecurity (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                theInterior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                andAtmospheric Administration, Department of 
                Commerce (Parts200--299)
       III  International Fishing and Related Activities 
                (Parts300--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 
                ofCommerce); Endangered Species Committee 
                Regulations (Parts400--499)
         V  Marine Mammal Commission (Parts 500--599)

[[Page 727]]

        VI  Fishery Conservation and Management, National Oceanic 
                andAtmospheric Administration, Department of 
                Commerce (Parts600--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 729]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2008)

                                                  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              22, II
  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                               2, IX; 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 730]]

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 WhoAre
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                       5, LXVIII; 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 Secretaryfor
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 ofColumbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 731]]

  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, 2
  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                 2, XI; 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 SupervisionAgency 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                             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
  Presidential Documents                          3

[[Page 732]]

  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 Employees Group Life Insurance Federal    48, 21
     AcquisitionRegulation
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 theFederal 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
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 733]]

  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
  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
  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      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretaryfor
  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 AssistantSecretary for
  Housing, Office of, and Multifamily Housing     24, IV
       AssistanceRestructuring, 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
     AssistantSecretary for
Housing, Office of, and Multifamily Housing       24, IV
     AssistanceRestructuring, 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
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
   Archives andRecords Administration
[[Page 734]]

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
  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            2, XIV; 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 andMexico, 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, XXVII; 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
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50

[[Page 735]]

  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the AssistantSecretary 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
Millenium Challenge Corporation                   22, XIII
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
     NationalEnvironmental 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   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Endowment for the Arts                   2, XXXII
National Endowment 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 Intelligence, Office of Director of      32, XVII
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 TechnologyPolicy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI

[[Page 736]]

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                                       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
       AcquisitionRegulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
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 SecurityCouncil
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III

[[Page 737]]

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                     2, XII; 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 Claims Collection Standards             31, IX
  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 WaterCommission, 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 AssistantSecretary 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 739]]



List of CFR Sections Affected

All changes in this volume of the Code of Federal Regulations thatwere 
made by documents published in the Federal Register sinceJanuary 1, 
2001, are enumerated in the following list. Entriesindicate the nature 
of the changes effected. Page numbers refer toFederal Register pages. 
The user should consult the entries forchapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFRSections 
Affected, 1949-1963, 1964-1972,1973-1985, and 1986-2000'' published in 
11separate 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 740]]

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 FR33033 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 741]]

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 to4-2-02................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 through9-21-01........................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 through5-7-01......................14488
    (i) added; eff. 5-8-01 through7-31-01..........................23609
117.733 (k) added..................................................39445
117.789 (c) stayed; (g) added; eff. 5-15-01through 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. 4-30-01through 12-31-01........18408
    (e) added; eff. 5-18-01 through11-30-01........................29484
    (b) amended....................................................33641
    (b) amended; (d) added (temporary).............................40117
117.801 (a)(3) and (h) added; eff. 4-23-01 to8-31-01...............16129
    (g) and (h) stayed; (i) added (temporary)......................23159
    Regulation at 66 FR 16129 eff. date extended through8-30-01....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 742]]

117.T394 Added (temporary).........................................44971
117.T524 Added (temporary).........................................62939
117.T594 Added; eff. 6-11-01 through9-21-01........................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 to10-1-02..........43252
3.25-20 (b) revised................................................41331
    Regulation at 67 FR 41331 eff. date delayed to10-1-02..........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 to11-1-03.........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 redesignatedfrom 
        110.130....................................................68518

[[Page 743]]

110.133 Redesignated as 110.136; new 110.133redesignated from 
        110.131....................................................68518
110.134 Redesignated as 110.138; new 110.134 redesignatedfrom 
        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) Authoritycitation 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 744]]

    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 745]]

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; headingrevised............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 746]]

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) introductorytext and 
        (5) introductory text amended; (d)(6) redesignated as (e) 
        andamended.................................................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 747]]

    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 748]]

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; CFRcorrection............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) introductorytext, (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 749]]

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 750]]

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. through12-1-04................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 751]]

    (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 752]]

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 753]]

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 asnew (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 754]]

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. through10-29-06.................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 redesignatedfrom 
        117.488....................................................70311
117.487 Redesignated as 117.488; new 117.487 redesignatedfrom 
        117.486....................................................70311
117.488 Redesignated as 117.486; new 117.488 redesignatedfrom 
        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 redesignatedfrom 
        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 755]]

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

33 CFR
                                                                   72 FR
                                                                    Page
Chapter I
1.01-1--1.01-90 (Subpart 1.01) Authoritycitation revised............7930
1.01-20 Existing text designated as (a) and amended;(b) added.......7930
1.05-1--1.05-60 (Subpart 1.05) Authoritycitation revised...........45902
2.32 (c) revised...................................................45902
3 Authority citation and heading revised...........................36318
3.01-1 Revised.....................................................36318
3.05-10 Revised....................................................36319
3.05-15 Revised....................................................36319
3.05-20 Revised....................................................36319
3.05-30 Revised....................................................36319
3.05-35 Revised....................................................36319
3.25-05 Revised....................................................36320
3.25-10 Revised....................................................36320
3.25-15 Revised....................................................36320
3.25-20 Revised....................................................36320
3.35-10 Revised....................................................36321
3.35-15 Revised....................................................36321
3.35-20 Revised....................................................36322
3.35-25 Revised....................................................36322
3.35-30 Removed....................................................36322
3.35-35 Revised....................................................36322
3.35-40 Added......................................................36322
3.40-10 Revised....................................................36322
3.40-15 Revised....................................................36322
3.40-17 Removed....................................................36323
3.40-20 Removed....................................................36323
3.40-28 Revised....................................................36323
3.40-35 Revised....................................................36323
3.40-40 Revised....................................................36324
3.40-45 Removed....................................................36324
3.40-50 Removed....................................................36324
3.40-55 Removed....................................................36324
3.40-60 Revised....................................................36324
3.40-65 Revised....................................................36324
3.45-5 Removed.....................................................36324
3.45-10 Revised....................................................36324
3.45-15 Revised....................................................36324
3.45-20 Revised....................................................36325

[[Page 756]]

3.45-25 Removed....................................................36325
3.45-30 Removed....................................................36325
3.45-45 Revised....................................................36325
3.45-50 Removed....................................................36325
3.55-10 Revised....................................................36325
3.55-15 Revised....................................................36325
3.55-20 Revised....................................................36326
3.65-10 Revised....................................................36326
3.65-15 Revised....................................................36326
3.70-10 Revised....................................................36326
3.70-15 Revised....................................................36326
3.85-10 Revised....................................................36326
3.85-15 Revised....................................................36326
3.85-20 Removed....................................................36327
20 Authority citation revised......................................36327
20.1103 (a)(1)(i) amended..........................................36327
64 Authority citation revised......................................45902
64.06 Amended......................................................45902
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
100.35-T05-032 Added (temporary)...................................38784
100.35-T05-043 Added (temporary)...................................41024
100.35-T05-045 Added (temporary)...................................54357
100.35-T05-046 Added (temporary)...................................50213
100.35-T05-059 Added (temporary)...................................45641
100.35-T05-060 Added (temporary)...................................54359
100.35-T05-063 Added (temporary)...................................46388
100.103 Removed....................................................45902
100.104 Removed....................................................45902
100.111 (b)(1) and (5) amended.....................................36327
100.120 Removed....................................................45902
100.121 Removed....................................................45902
100.122 Removed....................................................45902
100.501 (a)(2) amended.............................................36327
100.502 (a)(2) amended.............................................36327
100.507 Implementation (temporary).................................25202
100.508 (a)(3) amended.............................................36327
100.509 (a)(2) amended.............................................36327
100.510 (a)(2) amended.............................................36327
100.511 Implementation (temporary).................................60558
100.512 (a)(2) amended.............................................36327
100.513 (a)(2) amended.............................................36327
    Implementation (temporary).....................................45641
100.514 (a)(2) amended.............................................36327
100.518 (c)(1) introductory text, (i), (ii), (iii) and (2)revised; 
        (c)(3) added...............................................12741
100.519 (a)(2) amended.............................................36327
100.520 (a)(2) amended.............................................36327
100.522 (a)(2) amended.............................................36327
100.523 (a)(2) amended.............................................36327
100.525 (c) suspended; (d) added (temporary).......................18122
    (a)(1) and (2) amended.........................................36327
100.527 (d) suspended; new (d) added (temporary)...................12743
100.529 (a)(1) and (2) amended.....................................36327
100.533 Implementation (temporary).................................25202
100.535 Implementation (temporary).................................45641
100.536 Implementation (temporary).................................53118
100.709 (a)(2) amended.............................................36327
100.710 (c) amended................................................36327
100.713 (a)(2) amended.............................................36327
100.714 (a)(2) amended.............................................36327
100.715 (a)(2) amended.............................................36327
100.716 (c) amended................................................36327
100.721 (a)(3) amended.............................................36327
100.722 (a)(2) amended.............................................36327
100.724 (a)(2) amended.............................................36327
100.728 (b)(1) amended.............................................36327
100.732 (a)(2) amended.............................................36327
100.735 (b)(4) amended.............................................36327
100.801 Table 1 amended............................................36327
100.900 Implementation (temporary).................................17024
100.901 Table 1 amended.....................................36328, 54834
    Implementation (temporary)..............................36599, 37454
100.903 Added......................................................54834
100.904 Added......................................................54834
100.905 Added......................................................54834

[[Page 757]]

100.906 Added......................................................54834
100.907 Added......................................................54834
100.908 Added......................................................54834
100.909 Added......................................................54835
100.1103 Implementation (temporary).........................20049, 20050
    Amended........................................................36328
100.1105 (c) introductory text and (4) amended.....................36328
    Implementation (temporary).....................................50214
100.1304 Implementation (temporary)................................25685
100.1306 Implementation (temporary)................................25966
100.T13-009 Added (temporary)......................................20049
    Removed........................................................27737
100.T13-010 Added (temporary)......................................27737
100.T13-020 Added (temporary)......................................43165
101 Meeting........................................................63106
101.105 Amended.....................................................3577
    Amended........................................................55048
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
104.297 (c) amended................................................36328
104.400 (b) revised.................................................5931
104.405 (a)(10) and (b) revised.....................................3582
105 Meeting........................................................63106
105.105 (d) added..................................................55048
105.115 (c), (d) and (e) added......................................3582
    (c) amended....................................................38488
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 Meeting........................................................63106
106.105 Introductory text through (c) redesignated as 
        (a)introductory text through (3); new (b) added............55048
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) redesignatedas (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
109 Authority citation revised.....................................45902
109.01 Amended.....................................................45902
109.05 (a) revised; amended........................................45902
109.07 Amended.....................................................45902
109.10 Revised.....................................................45902
109.15 Amended.....................................................45903
110 Authority citation revised.....................................70514
110.4 (b) added......................................................466
110.60 (o-2) revised; eff.7-23-07..................................34379
    (x)(4), Table (x)(4) and Figure (x)(4) removed.................45903
110.131 Added......................................................70514
110.140 Amended....................................................36328
110.155 (c)(5)(vi), (d)(10)(ii), (11)(iii), (12)(iii) 
        and(e)(1)(iii) added........................................6692
    (l)(8) amended.................................................45903
110.186 (b)(4) amended.............................................36328
110.188 (b)(11) amended............................................36328
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, 40239,43533, 43534, 46145, 46896, 48555, 50052, 52006, 
          52007, 53430, 54359,56013, 56989, 57487, 57858, 58250, 58758, 
          58759, 59012, 61056, 61059,63107, 63486, 63487, 63488, 64152, 
                                 66047, 68503, 70516, 72250, 72251,73262

[[Page 758]]

    Temporary regulations list......................................5333
    Regulation at 72 FR 12981 cancelled............................31725
    Authority citation revised.....................................45903
117.145 Removed....................................................30483
117.213 (a) suspended; (g) added (temporary).......................54836
117.217 (a) revised................................................51180
117.239 Revised.....................................................5619
117.241 Revised.....................................................5619
117.255 (d) correctly redesignated as (c)..........................50876
117.261 (w) revised..................................................468
    (nn) suspended; (oo) added (temporary)..........................3368
    (nn), (oo) and (pp) revised....................................18886
    Section designation corrected..................................20726
    (qq) suspended; (uu) added (temporary).........................69145
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
117.451 (b) revised................................................70516
117.483 Revised....................................................59014
117.579 Revised....................................................42307
117.631 (a) suspended; (d) added (temporary).......................14420
117.671 (c) added (temporary).......................................4963
117.787 Suspended; eff. to 1-15-09.................................61058
117.788 Added; eff. to 1-15-09.....................................61058
117.795 (c) correctly added........................................50876
117.899 (a), (b) and (c) revised....................................9436
117.983 Removed....................................................66047
117.T293 Added (temporary)..........................................6694
120.305 (a) revised.................................................5931

                                  2008

   (Regulations published from January 1, 2008, through July 1, 2008)

33 CFR
                                                                   73 FR
                                                                    Page
Chapter I
1.05-1 (d) and (f) revised; (h) added; (e)(1)(vi)removed; (g) 
        amended....................................................35001
1.05-10 (c) amended................................................35001
1.05-20 (a) and (c) amended........................................35001
1.05-25 Revised....................................................35001
3.85-15 (a) revised................................................15080
40.1 Revised.......................................................35002
62.65 (c)(3) added.................................................35002
66.01-5 Introductory text amended..................................35002
66.01-45 Amended...................................................35002
80.505 Heading revised.............................................35002
80.715 Amended.....................................................35002
80.738 (b) revised.................................................35002
80.805 (c) amended.................................................35002
84.13 (a) amended..................................................35002
100.35-T05-017 Added (temporary)...................................30772
100.35-T05-018 Added (temporary)...................................15900
100.35-T05-0277 Added (temporary)..................................26006
100.35-T05-0278 Added (temporary)..................................26004
100.35-T05-0414 Added (temporary)..................................31362
100.101 Implementation (temporary).................................27460
100.114 (a) table amended..........................................12883
    Implementation (temporary).....................................28038
    (a) table revised..............................................35002
100.501 Revised....................................................26009
100.502 Removed....................................................26016
100.504 Removed....................................................26016
100.505 Removed....................................................26016
100.506 Removed....................................................26016
100.507 Removed....................................................26016
100.508 Removed....................................................26016
100.509 Removed....................................................26016
100.510 Removed....................................................26016
100.511 Removed....................................................26016
100.512 Removed....................................................26016
100.513 Removed....................................................26016
100.514 Removed....................................................26016
100.515 Removed....................................................26016
100.517 Removed....................................................26016
100.518 (c) suspended; (d) added (temporary).......................10383
    Removed........................................................26016
100.519 Removed....................................................26016
100.520 Removed....................................................26016
100.522 Removed....................................................26016
100.523 Removed....................................................26016
100.525 Removed....................................................26016
100.526 Removed....................................................26016
100.527 Removed....................................................26016
100.529 Removed....................................................26016
100.530 Removed....................................................26016

[[Page 759]]

100.531 Removed....................................................26017
100.532 Removed....................................................26017
100.533 Removed....................................................26017
100.534 Removed....................................................26017
100.535 Removed....................................................26017
100.536 Removed....................................................26017
100.701 Added.......................................................4460
100.709 Removed.....................................................4469
100.710 Removed.....................................................4469
100.714 Removed.....................................................4469
100.715 Removed.....................................................4469
100.716 Removed.....................................................4469
100.721 Removed.....................................................4469
100.722 Removed.....................................................4469
100.723 Removed.....................................................4469
100.730 Removed.....................................................4469
100.731 Removed.....................................................4469
100.733 Removed.....................................................4469
100.735 Removed.....................................................4469
100.1101 Implementation (temporary).........................35341, 35923
100.1103 Implementation (temporary)................................21824
100.1306 Implementation (temporary)................................25508
101 Nomenclature change............................................35009
101.105 Amended....................................................35009
101.305 (a) amended................................................35009
101.415 (b) amended................................................35009
101.420 (b) amended................................................35009
101.510 (b)(1), (2) and (3) amended................................35009
101.514 (e) amended................................................25565
104.106 (c) added..................................................35009
104.115 (d) amended................................................25565
104.130 Amended....................................................35009
104.205 (b)(1) and (3) amended.....................................35009
104.215 (c) redesignated as (e); new (c) and (d) added;interim.....29070
    (d)(1)(v)(B) corrected; interim................................34191
104.292 (b), (e)(3) and (f) amended................................35009
105.115 (e) amended................................................25565
105.130 Amended....................................................35009
106.110 (e) amended................................................25565
110 Authority citation revised.........................4471, 5746, 13126
110.5 (f) added....................................................13126
110.59 Added.......................................................35009
110.60 Revised.....................................................35010
110.155 (h) revised; (j)(1) amended................................35012
110.168 (a)(1), (2), (3)(i), (ii), (iv), (v), (viii), (4)(i)and 
        (ii) revised................................................5746
110.186 (a) and (b)(3) through (6) revised; (b)(7), (8) and(9) 
        added.......................................................6610
110.224 (d) Table (D)(1) amended; (e)(6) through (21)redesignated 
        as (e)(7) through (22); new (e)(6) added....................4471
110.245 (b)(2) amended.............................................35012
110.250 (b)(9) amended.............................................35012
114 Authority citation revised.....................................35012
114.01 Revised.....................................................35012
114.50 Amended.....................................................35012
115.60 Amended.....................................................35012
116 Nomenclature changes...........................................35012
116.55 (b) amended.................................................35013
117 Temporary drawbridge operations regulations...1273, 1274,4472, 8193, 
            8817, 9190, 11042, 12886, 12888, 13127, 13128, 13756,15900, 
                15901, 16761, 16762, 17249, 18960, 18961, 19746, 20172, 
          21043,22277, 27744, 29688, 29690, 30480, 31610, 32236, 32237, 
                                                      33005,34864--34867
    Technical correction............................................5090
117.123 (b)(1) revised.............................................24868
117.213 (a) suspended; (g) added (temporary).......................17251
117.287 (i) revised.................................................1496
    (d)(4) revised.................................................16759
    (d)(1) and (2) suspended; (d)(5) and (6) added (temporary).....16761
117.397 Correctly reinstated; CFR correction........................5095
117.433 Revised....................................................12891
117.469 Revised....................................................12886
117.481 Added.........................................................43
117.500 Revised....................................................12888
117.559 Existing text designated as (a) and suspended; (b)added 
        (temporary).................................................5095
117.714 Revised.....................................................5749
117.733 (i)(3) added; (k) revised...................................5749
117.757 Revised.....................................................5749
117.785 (c) amended................................................35013
117.800 Added......................................................29690
117.821 (a)(5) revised..............................................5093
118.3 (b) amended..................................................35013


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